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    Home Unlabelled Legal Advice I was placed under a false citizens arrest at knifepoint.

    Legal Advice I was placed under a false citizens arrest at knifepoint.

    March 10, 2018

    Legal Advice I was placed under a false citizens arrest at knifepoint.

    I was placed under a false citizens arrest at knifepoint.

    Posted: 10 Mar 2018 05:54 AM PST

    I live in New York.

    I'm still in shock over this. Last night, a friend of mine and I were taking a walk to a picnic area near our houses. We passed a house on the way down, and the residents there came out of their house and followed us, shouting "Hey!" And shit like that. We ignored it, and made it to the picnic area.

    We stayed there for about a half hour, then we decided to go home. On our way out of the picnic area, a car pulled up on us and 3 guys got out. One of them had a knife. They told us to stop and said "We're the Police", so we stopped. One of them grabbed my hands, put them behind my back and pushed me into a snowbank where I was held for about 15 minutes until the real police came. When I asked them what I did wrong, they said "Someone tried to get into my car and we saw you walk past our driveway".

    When the police arrived, I told them everything. My friend and I hadn't touched anyone's car, and I was held against my will by 3 crazy people. I signed a complaint against the knife wielder and they let me go.

    What are my options, here? Surely what they did can't be legal. One of them had a Spectrum name tag on. Should I call Spectrum and complain? I legitimately thought I was going to get fucking killed last night, and I'm still shaking as I type this.

    Update: I called Spectrum management and gave them the name of the person. They said that they're going to investigate him, and I gave them contact information for the first responding officer.


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    Child attempting to come into yard with dogs (TX)

    Posted: 10 Mar 2018 09:39 AM PST

    Hey legal advice! There is a mother who walks her 3-4 year old son plus a baby in our alley daily. We have a solid wood fenced in backyard, and 2 large dogs. The dogs are only outside with supervision. Recently, the child has taken to taunting the dogs through the fence by running sticks up and down the fenceline in the alleyway and poking his fingers through the fence.

    Yesterday, during one of these encounters, I had my dog by his collar and almost in the house when I heard the gate jiggle. I threw the dog inside and went to see what was at the gate. The child was attempting to open our gate (accessed through our driveway) while the mother watched from the alley!

    I took the child back to his mother and asked her what what she thought she was doing? That our 90 lb dog could easily hurt her child just by knocking him over! She responded by turning away and telling the child that "the mean lady won't let you play with her doggies today".

    Legal advice, what do I do? I do not know where she lives. Do I call the police on attempted trespassing against a toddler? There's no law against bad parenting :/ If something were to happen, who would be liable? My dogs are NOT vicious, but are unused to children and can be excitable. They walk at different times, so there is no planning and having the dogs in the house.

    submitted by /u/jaidis
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    [NY] Received C&D from downstairs neighbor (condo)

    Posted: 10 Mar 2018 06:19 AM PST

    Long time lurker, first time poster!

    My rental unit's downstairs neighbor has had a terrible time with water issues with her unit. A sump pump caused sewage to back up into her unit. Recently she had water pouring from her bathroom ceiling.

    An emergency plumber sent by building management AND a plumber independently hired by her both could find no obvious source of the water. Both investigated my second floor tenant's bathroom immediately above the water and found no evidence of tub overflow or leaks. Both said that the water could come from any source above her ground floor unit - meaning the 3rd or 4th floor or the roof. Because gravity. Her insurance company did not file a claim against mine.

    We just received a C&D from her lawyer advising us against "further negligence," that they would not be coming against us at this time for her $1000 deductible, but that future events may result in legal action. They also sent the same letter to her next door neighbors, and cc'd us.

    Fortunately, I read Legal Advice. This is what I know:

    1. A letter is not a lawsuit, so she can suck it.

    2. If she sues, answer.

    3. Put my insurance company on notice (I did this when the leak first happened, and will share the letter with them as well).

    Anything else I'm missing? The fact that her insurance company didn't come after us says to me that they didn't feel she had a claim against us. The fact that this lawyer sent the letter to TWO units also tells me that she may have a hard time assigning fault for her bad luck.

    Thanks for reading, I love this sub!

    submitted by /u/endlessblockades
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    [Update] (Toronto, Ontario) Single person now more than 50% of my buildings condo units. Dissolved condo board, and installed themselves. Now she is telling us at the end of the month we won't have our parking spots anymore. Is this legal?

    Posted: 09 Mar 2018 09:38 PM PST

    I wanted to thank everyone for the advice.

    Me and several other tenants got on board with a lawyer, who promptly wrote her a rather verbal letter. Which kindly and suggestively told her to pound sand. Since that letter she has completely stopped and retracted all her statements about parking no longer being ours.

    On top of this one of the other tenants apparently tipped off a Toronto newspaper (i haven't seen an article however), in response to this it seems like she has completely changed her mind/policy on maintaining the building. Now we have someone who actually seems to come every day to properly perform cleaning and maintenance.

    Sadly regardless of all these changes i am planning on getting out ASAP, because unfortunately i feel after a few months she will probably change her mind/opinion on everything.

    EDIT I forgot to mention, on the night she threatened to have peoples cars towed, both me and another person recorded the tow truck driver, trying to setup a tow for my neighbors car. After confronting the tow truck driver about how he was illegally trying to tow someones car, he immediately took off. We passed that along to the lawyer.

    submitted by /u/CompetitiveSpinach
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    Sister's ex-husband moving 8 hours away, wants her to meet halfway for kid visits.

    Posted: 10 Mar 2018 06:26 AM PST

    My sister and her husband are going through a divorce and he is moving over 8 hours away. He is expecting her to meet him halfway to transport the kids during the once a month 4-day weekends he gets with them. Is that something a lawyer can approve? He has a job here (Missouri) and can telecommute, so he is moving to CO to be with his girlfriend and they are trying to figure out custody. Originally he wanted 2 weeks on and 2 weeks off, but they both agreed that wasn't best for the kids especially during the school year. So they agreed on 4 day weekends every month, but now he's saying he wants her to meet him halfway, which would be an 8 hour drive, once to drop off and once to pick up. Can he legally demand that?

    submitted by /u/ghastrimsen
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    [NC] The post office lost my handgun. Lot's of finger pointing between them, my FFL, and the seller

    Posted: 10 Mar 2018 02:52 AM PST

    I purchased a handgun from a private sale with a gunbroker.com dealer. He used the USPS to ship the gun to my FFL. (This is legal and normal for FFLs) Here's where it gets twisted.

    My FFL had two businesss in the same building. The gun store upstairs and the shooting range downstairs. They consolidated the upstairs gun store into the downstairs shooting range about two months ago. Apparently the change of address has caused an issue with the local carrier who doesn't want to carry packages down the stairs, OR the gun store's change of address didn't go through for some reason. This depends on who you ask. Gun store or Post office.

    Regardless, the carrier had the package out for delivery on Saturday March 3rd. She attempted to deliver one time at 10am. The gun store doesn't open until 12pm. For some reason that the post office has no explanation for, instead of holding the package for 15 days like they normally do, instead of attempting to redeliver, instead of notifying the gun store at all (no note, no sticker, no nothing) they processed the package for return to sender three hours later.

    The package left my home town proceeded on to the Greensboro distribution center, on it's way to the Charlotte distribution center...

    And the tracking trail ends there.

    It left Greensboro and was never scanned into Charlotte. That was March 3 at 10pm. It's been "in transit to next fascility" since the 4th, 5th, and 6th. Then even the updates stopped. During all this I've spoken with three different postal inspectors who in three different ways have proceeded to blow smoke up my ass. (1: It's not lost, it just takes a few days to be sorted. 2) That's terrible, as soon as it's located I'll have it turned around and sent back to your FFL., 3) Wait 30 days, now fuck off while I finish stuffing this ham sandwich in my fat mouth. (At least that's basically all I got out of that one.)

    And of course the seller is insisting that he did his part and that it reached the destinated FFL and that he did his part and no refund.

    So somebody owes me either my handgun or my money, while everybody is pointing fingers at each other and playing the Blame Game.

    So if my gun doesn't turn up soon who do I sue in this bullshit comedy of errors?

    submitted by /u/AGameofThrownAways
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    I’m not sure if this is the right thread but I just watched a really fucked Instagram story

    Posted: 10 Mar 2018 09:39 AM PST

    So, there's this extractor I follow on Instagram and last night him, his girlfriend, and children recorded themselves driving around and spraying homeless people and animals with their windshield wipers. They keep doing this and laughing and cussing out people. I'm just sitting here thinking, this has gotta be some sort of battery or some shit? Idk. Maybe I'm dumb for thinking that buts it overall a fucked up thing to do. Especially since you can see it getting in a dogs face and the dog trying to run away.

    I'm not sure if there's much I can do, but I just want to know if there is anything I can do.

    LAKEWOOD, CO

    submitted by /u/fuckmordor420
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    Drone hovering by my condo windows?

    Posted: 10 Mar 2018 10:58 AM PST

    Oakland, CA

    Context: my 3rd floor condo has large floor to ceiling windows in all rooms. I utilize window coverings in my bedroom because I live in an urban area but rarely use them in my kitchen and living rooms because the buildings around mine are mostly commercial. My unit faces a secured alleyway, with a two-story building across from me (I view the building's rooftop), which is sandwiched by two six-story buildings.

    Last night just after 2am, I woke up and headed to the kitchen. I turned and looked out my window, and there was a drone with a light (like brake lights?) hovering in front of my window, it then continued toward my neighbors next door and then departed to the street in front of the two-story building. Based on the layout of my block and surrounding buildings, this drone was intentionally flying around my unit, my neighbors and those units above us (three floors above mine) and the way it departed, it's clear it was unaffiliated with my or neighboring buildings.

    I am thoroughly creeped out and fearful that either thieves are flying drones to case homeowners or it's a voyeuristic creep. And to add, this is Oakland: calling the police for anything non-violent doesn't result in any action and even if there is violence, response is not a guarantee.

    Is it illegal to fly a drone with a camera in front of residential buildings/personal occupied and owned condos?

    Can you recommend how to stop this/deal with it if it occurs again?

    If the drone is near my porch or window and I successfully swatted it with a broom, would I face consequences? The space immediately below my condo's airspace is my downstairs neighbor's large patio, (9'x15') so technically it's also his airspace. I'm confident he would be angrier than me about a spying drone (he has a toddler.)

    submitted by /u/Thrownmeawaysomeday
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    My manager says she doesn’t give overtime pay unless I am “permanently” full time - is this legal?

    Posted: 10 Mar 2018 05:14 AM PST

    (NYC) I am a college student so I work part time. But I took off a semester so I'm working full time now, 42-45 hours a week. I noticed that I wasn't getting overtime pay and asked my manager about it. She said: "Well, I pay you guys for the hours you work. As for overtime, because you are a college student and you usually work part-time, our CPA has your account set as part-time. It's really complicated for our CPA to change a worker's account to full-time, and change it back to part-time when they go back to school. So unless you're permanently full time with us, there's no overtime pay." Is she full of shit?

    submitted by /u/autumnsfavorite
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    Someone skimmed my credit card, ordered $200 Nikes, and I think I know their address. What's the best course of action for me?

    Posted: 10 Mar 2018 07:21 AM PST

    Some background:

    This morning I woke up to an email from Nike confirming that they were shipping the $200 pair of shoes that I ordered at 1:30AM to my address in the Bronx.

    The problems with this:

    1) I never ordered the shoes

    2) I live in Ohio

    I called Nike to try to cancel the order, and called my card company to cancel the card. So, that's all taken care of.

    For whatever reason, the criminal put my actual email address on the order. My guess is that they were just putting in a random email that sounded legit, and typed in MyfirstnameMylastname@gmail.com -- which just so happens to be my actual email. As a result, I was sent their digital receipt, which includes the physical address to which they had the shoes shipped. It doesn't look like a PO box--it's an apartment in the Bronx.

    Can I do anything with this information? Is there someone else I could call? Would the police look into something like this if I reported it?

    TL;DR: A criminal skimmed my card, ordered themselves shoes, but accidentally had the receipt with their physical address emailed to me. Wat do?

    submitted by /u/i-o_
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    [Update] Pennsylvania - Property line dispute, New neighbors, who is responsible for surveyor?

    Posted: 09 Mar 2018 01:44 PM PST

    I don't know how to link to my previous post. Here's a TLDR of it. My parents new neighbor claimed to own roughly half of my parents property. He claimed roughly 1/4 of an acre and a shed were his according to the land deed he had received when he purchased the property, but refused to provide my parents proof of ownership.

    Update - I printed the land parcel image I found on the county government page, as well as satellite imagery from Zillow and an independent company, all of which showed the property of my parents address including the disputed shed and the majority of the land.

    The neighbor came to my parents home again to ask why they hadn't removed their property from his land and shed. My father showed him the print outs and told the guy that if he had any further disputes that they could discuss them in civil court. Supposedly, he left in a hurry, huffing and puffing under his breath. This was about a week ago.

    The new neighbor returned today to inform my parents he "paid a surveyor to look at the deed" and was informed that, in fact, my parents do own the shed and property and that he would not be pursuing ownership of it. He apologized, quickly ended the conversation, and left.

    Thank you to those who gave me input on how to proceed with this.

    Edit - spacing

    submitted by /u/worthlesscommotion
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    [NH] Farmer won't get his cows off our land.

    Posted: 09 Mar 2018 11:10 PM PST

    Years ago through a series of events we acquired some farmland we have no use for. Two years ago Farmer "Dave" asked if he could use our land to graze his cattle. We agreed since it was just going to waste and it might be fun to have some cows to look at. We let him do his thing and didn't hear much about it after that. Back in September it came to our attention that Dave was doing several things with the land that he should not have been, including environmental damage to a protected pond that could get us in serious trouble. We asked Dave to leave. Dave is a masterful slimeball and managed to delay this process until now. In the intervening time we discovered that Dave has been causing all sorts of problems on the land including over 20 police reports about loose cows and such from the neighbors.

    The problem is that there seems to be no precedent for this sort of thing in the state of New Hampshire. We have spoken with multiple attorneys, all of which say we are breaking new ground here. It seems crazy to me that in the entire history of this agricultural state no one has ever needed to remove someone else's livestock from their land but apparently that's the case. So we are forced to remove him via eviction, as if he were living in our apartment building. The hearing is later this week. We aren't worried about that, we have good representation and we are incredibly well prepared for this. The concern is that it has already been 6 months since we first asked Dave to leave and assuming we win this case he will still get to hang around for another 30 days (and you can be sure that he will use every last one of those 30 days). Worse still, if he doesn't remove his cows by that time our attorney tells us that we will need to sue him AGAIN to get him to remove the damn things. If that happens, it is likely we will need to pay some other farmer to take care of his cows in the intervening time because Dave will be trespassing if he goes to care for them. If his cows die we could end up liable for damages.

    Basically, the laws in New Hampshire don't make any sense for this situation because they were written for removing non-paying tenants from residences. Do other states have laws that cover this sort of situation? When this is all over we plan on reaching out to our state reps to suggest a bill so no one else will need to go through this legal nightmare.

    submitted by /u/SlashStar
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    Help for figuring out visitor parking situation?

    Posted: 10 Mar 2018 06:37 AM PST

    I was visiting a friend in Woodbridge Virginia, and his neighborhood is pretty much all condos, and strewn throughout is visitor parking, no permit required. When I got to his house, there was only one section of visitor parking that wasn't taken up, so I parked there at around 8pm. The next morning I walk out, and my car has been towed.

    There is so signage at all saying anything as to why my car would've been towed, so I call the appropriate number (county police) and they said my car was towed for parking in a permit only visitors spot.

    I was wondering if there is anything I could possibly do other than trying to send an email to the condo association? The fact that there's no sign saying that those specific spots were permit only visitors spots and not the other spots, seems kind of sketchy. Thanks in advance!

    submitted by /u/Ameko1Ikiru
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    [CA] My dog is being abused and it's pissing me off.

    Posted: 10 Mar 2018 11:22 AM PST

    I live with my grandparents, father, and brothers to preface. My little brother got a dog about two years ago and my older brother and I took control of training him. My grandmother is "old-school", as she says, and hits the dog out of anger, not discipline. I scolded her once for doing it, and she stopped. Stopped doing it in front of me that is. I learned that she was hitting my dog outside of my knowledge and questioned why he wasn't being trained. Now she just tries to hit him any chance she gets. She's sprayed him in the face with cleaning products, kicked him, rubbed his face in shit. I feel like it's abuse and she does not listen to me when I ask her to stop. I just want to know what I can do. I can't leave this house, which sucks, but I don't want her hitting my dog anymore. Any advice?

    submitted by /u/Animus_Perditus
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    Dr withholding important information that would help me in drivers license case. PA

    Posted: 10 Mar 2018 06:45 AM PST

    Hi everyone. 4 mo the ago I regrettably took a little too much xanax and had a minor single vehicle accident. No charges were filed but a substance abuse review evaluation took place. The purpose of this review was to have a dr evaluate me, make sure I'm clean and taking steps to stay that way.

    I signed up and have been attending counseling and have quit all drug use. My dr mistakingly filled out the review reciting the events that happened 4 months prior. PENNDOT sent the forms back asking for an update as to my recovery in which he sent back an identical set of forms. I've since received a letter stating my license will be recalled based on an unresolved drug abuse problem.

    The thing is, I've taken and passed 3 drug tests over the passed 4 months administered by this dr and have provided proof of my counseling. I spoke to PENNDOT and was informed that that is more than enough to clear me, yet my Dr won't relay this information. I've obtained copies of each drug test but PENNDOT specifically needs the information to come directly from my Doc.

    My lawyer wants to sue based on the fact that driving is my livelihood and he's holding back info that would keep my license. Not sure what to do

    submitted by /u/CanOnlyBeNice
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    Tch Starved my Son, till hypoglycemiac shock almost killed him. Been stuck here a week and looking for options.

    Posted: 10 Mar 2018 11:28 AM PST

    Some information: my son is special needs, he was born deaf and now has cochlear implants, he has wpw and is in propranolol which burns alot of glucose according the doctors. He is also almost 2 and weighs 19lbs and is only 24inchss tall. The doctors all know his history and everything is in his medical history.

    Story:

    In January my son got a staph infection in his cochlear implant and was sent to the hospital. That treatment was 2 weeks in the hospital on i.v. antibiotics and 2 weeks at home.

    After his 2 weeks at home we went for a follow up and they said everything was going good but they wanted to drain residual fluid around the implant. That doctor sent us to Texas children's main campus for the quick precdure scheduled for 8 am Tuesday (3-6-18). We arrived Monday at 5pm and got a room around 10pm and at that time he was ordered npo (can't eat or drink after that time). He wasn't on any monitors or anything because it was already scheduled and the doctors weren't worried about going 8-10hrs without fluids or food. The surgery never happened, it kept getting postponed, but the npo remained. On Tuesday at 11am he started acting strange, very tired, slow movements and just uncomfortable. My wife let the doctors know and they seemed uninterested and just said he's gonna go to surgery soon. At almost 4pm (18hrs with out food or drink) he went into shock and was not breathing. A random doctor heard my wife and mother in law screaming for help and ran past his doctors to help.

    He was rushed to the picu and put in a breathing machine and i.v. fluids. They checked his blood after and his glucose levels was under 10mg/dl.

    It took a few hours to get him normalized and off all the machines. He left the picu on Wednesday and sent to a real room. They decided to cancel the drainage operation on Wednesday because he didn't really need it in the first place he just needed another week of antibiotics. It's Saturday now with no release date set yet. They are only keeping us here to run test on him. So far nothing besides starvation has lowered his blood sugar to below 64mg/dl.

    The doctors are finally accepting blame and saying they made mistakes.

    My wife had to take a week off work. I have to travel 100miles / day to get from work to here and pay for parking everyday. The hospital isn't covering the tests or hospital stay so our insurance and us are getting the bill.

    We don't know what type of recourse we have at this point, they won't let us leave and doctors have stopped coming by as much cause they have run out of tests to do.

    Can anyone offer any help?

    Tldr: special needs son was given order not to eat or drink for 18hrs and went into shock due to extremely low blood sugar. Normalized with fluids and hasn't shown symptoms in 3-4 days. Doctors finally accepted it was from the starvation but won't let us leave. They have thrown every test at him to get it to happen but it hasn't yet. We are stuck with the bill and all the cost of missing work and traveling everyday to get here.

    submitted by /u/chubbyzook
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    [VA] Landlord selling house. Strangers walking on property.

    Posted: 10 Mar 2018 10:04 AM PST

    We rent a house in Fairfax, VA but my landlord is selling it. Now random people are walking on the property where we rent without warning from our landlord.

    We work from home and often need to stop work to confront strangers walking on the property.

    Was curious if we have any rights? Any further advice would be greatly appreciated!

    submitted by /u/gerbilburp
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    Can the school search my phone?

    Posted: 10 Mar 2018 09:47 AM PST

    Im in a public school in Arkansas

    submitted by /u/WilliamBearden
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    Are you required to admit to a criminal record for international travel, even if the conviction was expunged (California and Australia).

    Posted: 10 Mar 2018 04:20 AM PST

    If I travel to Australia or apply for a visa for Australia (tourist or work visa) I am not sure whether I need to admit to a criminal record. My FBI background check is clean and the conviction was expunged (10 years ago), and I know I can legally say that I have never been convicted of a crime. But I am not sure how the "expunged" aspect interacts with international laws.

    Thank you

    submitted by /u/lovetoliveabroad
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    Harassed and accused by neighbor

    Posted: 10 Mar 2018 07:19 AM PST

    I got a call at work yesterday at 4pm from the Sheriff, saying my neighbor is saying I may have keyed her cars. I didn't. I asked the deputy for more information. He then said maybe it wasn't a formal complaint, he said people were talking, he said he would call me back today. The consequences to my career (govt job) and life would be unacceptable. I'm thinking of getting a lawyer whether there is a formal complaint or not.

    The details: I live in a townhome development where garages open into a shared alley. Rules state people aren't supposed to park in alley so as not to block access. My new nieghbors (yay) in the unit directly behind me started out by parking a 25 ft dumpster in front of their garage. Since our garages face each other, this created some challenges for me getting in and out of mine. When they started piling things against it, it was worse. When I asked them to move the additional items, they responded with personal insults and they can do whatever they want. I took their insults calmly for several minutes then said they were nuts.

    I went to the next community/HOA meeting and I was the only resident there. I was asked to be patient. The woman there had her husband pass away. Take pity. I said sure. Dumpster was gone in 2 weeks, but the problems were just beginning.

    They started having contractors work in alley. Tilecutters set up right in the middle. No way to get out of my garage. I complained to property manager. The tilecutters moved to the lawn next to their house in future visits.

    Next there were woodworkers cutting lumber in the alley. There have been several days of work, intermittently. I asked them to move their circular saw from the middle of the alley. They moved it slightly. I asked them to move it again, along with the loose lumber laying in the alley. The contractors started yelling at me, saying they had permission, and I don't know who I am messing with. This was followed by being stared down by the son who lives there, in his 20s. I called Sheriff, said I was threatened. They made incident report, but said it wasn't criminal. I contacted the property manager, he said it wasn't his problem.

    Then the woman there started photographing me when I was leaving through my garage. I again contacted the Sheriff. Not illegal.

    Then the phone call from the Sheriff yesterday. There is another community/HOA meeting in 3 days. I want to go to the meeting to stand up for myself but I think I should limit what I say since I want to get a lawyer. (The common advice is to say little, regardless of the situation, when there are legal ramifications.)

    Oh, and I live with my elderly father. When I told the Sheriff I didn't key any cars, he suggested maybe it was my father! He is 76 with hip, knee, and also some back problems. You have got to be kidding me. Please give me your advice.

    submitted by /u/Mtnbowerbird
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    [OR/CA] Copyright Issues; Urgent Help Needed

    Posted: 10 Mar 2018 09:33 AM PST

    (This is my first time ever posting on Reddit, so forgive me if I'm doing it wrong)

    Late last month, I discovered that several different phone case manufacturers were selling phone covers featuring a drawing that I uploaded to deviantArt years ago. I did not authorize the reproduction of my art in any way whatsoever, so I reported a handful of these manufactures (as many as I could fit into a single report, anyway) to Amazon.com under DMCA law. Since then, I have received two counter-notices; one on Mar 6 (the manufacturer even included a pdf attachment saying that they had registered the copyright of my artwork back in September of 2016, which made me really mad), and the second one came a day later, on Mar 7.

    I have less than 10 days to respond to these people, but I just don't know what to do. I have the link to my original upload on deviantArt that clearly has "©2013-2018" stated on the page (that's three years earlier than the copyright that was registered by the other company), the original, unwatermarked artwork, and enough information to prove that both the account and the artwork belong to me. The only thing that I don't have is the time or money to sue (or travel, because they're in California and I live in Oregon). Is there anything at all that I can do to prove my case and get them to stop manufacturing these things besides suing?

    Thanks.

    submitted by /u/Barbio1996
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    Advice needed: Father taking mother to court over "vandalism" of a room in their shared home.

    Posted: 10 Mar 2018 12:37 PM PST

    Hi - i'm looking for some advice (to note - we are also in the process of getting a lawyer as well) I live in NJ.

    Heres the background: My parents are going through a nasty breakup. My father was arrested back in December for aggravated assault after severely assaulting my mother - she has been granted a final restraining order and he has been to court and has agreed to a plea deal (1 year probation) - and is awaiting sentencing - he is currently banned from the house. He has been allowed in with police to gather items twice.

    In the weeks after the incident my younger brother in an angry outburst went in to his 'office' - smashed up a few things, broke a window - my mother has since plastered it up and fixed it all.

    My mom had possession of their shared car (in both their names) - he believes its just his. She gave it back to him.

    He has now served her papers saying she has to appear in court. He is claiming that she vandalized his room, stole jewelry (she took her wedding ring from his room which he had previously made her stop wearing), stole money from a drawer in his room (there was no money - in fact for the last few weeks they had not been able to afford groceries), and he is calming she kept his car from him and he couldn't get to work (meanwhile - he has a suspended license and has had one for many years and shouldn't have been legally driving to being with)

    My mother is getting a lawyer to review the letter and accompany her to court - but I'm just looking for some general advice. Can you sue someone for destroying shared possessions, etc.?

    submitted by /u/pltango8917
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    BIL is attempting to take control of in-laws belongings

    Posted: 10 Mar 2018 07:48 AM PST

    I'm posting this on behalf of a friend who doesn't use reddit. Location is NM. For the sake of simplicity I'm going to speak in the first person for the story.

    My brother-in-law is attempting to seize control of my in-laws house and assets. He took the in-laws to a retirement community and left them there several weeks ago. I can't speak as to whether they should be in a retirement home or not, but they do not wish to be there and every time wife visits them they ask when they will be going back home.

    While they have been out of their house BIL has changed the locks and installed game cameras on the property. Brother-in-law and his wife have begun taking artwork and other items of value out of the house to either keep or sell. He has also had the phone disconnected from their room at the retirement home. It sounds like your typical estate problem except both parents are still alive.

    What options exist here? Is this lawyer territory?

    Thanks in advance.

    Edit: Some info I forgot to include, the brother-in-law has also gained access to their personal bank accounts and is withdrawing money. We don't have access to the account except to check the balance and can see that decently large amounts are being taken out. I don't know if this is just being used to pay for the retirement home or if he's just taking their money for himself.

    BIL is an investment banker if that's relevant.

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