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    Friday, March 2, 2018

    Legal Advice Off topic Friday. Falsely identify the mods/stars/regulars [PA]

    Legal Advice Off topic Friday. Falsely identify the mods/stars/regulars [PA]


    Off topic Friday. Falsely identify the mods/stars/regulars [PA]

    Posted: 02 Mar 2018 07:17 AM PST

    (Nevada) HOA added bylaw that says we must give them keys and they can access the property at any time for any reason without any notice.

    Posted: 02 Mar 2018 03:13 AM PST

    Our HOA has added a new bylaw that says the association is entitled to demand and hold possession of keys to the properties and may enter any property without any notice when determined necessary by the board.

    The letter gives a deadline for handing over the keys or there will be a fine of $100 per month, increased by 10% each month up to a maximum of $300 per month, until keys are submitted. Alternatively those who do not wish to submit the keys can pay $3000 per year for an exemption permission. The exemption is only for the key possession, the HOA is still entitled to enter the property at any time without notice.

    Is this nonsense legal?

    submitted by /u/LeastIntroduction
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    Can I get my kids vaccinated without my wife’s consent?

    Posted: 02 Mar 2018 07:27 AM PST

    A few weeks ago my wife took my kids to get their jabs. She has always been an anti-Vaxer and it's caused a lot of arguments between us. She agreed before we had our first child that she would agree to the vaccinations and I attended the first set and the first set of boosters.

    I've found out that since then, she's had a conscientious exemption (?) filed with our family doctor and has not been keeping up to date with the boosters or had the second child vaccinated at all.

    We split up during her second pregnancy and I see the kids on the weekends. I'm livid and will do anything possible to get them the vaccines ASAP. Can I overrule her decision? If I did could I suffer any legal recourse?

    Edit: UK dweller

    submitted by /u/Brits_Abroad
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    [TX Resident] I missed a court date that I was supposedly served for, but to my knowledge I was never served.

    Posted: 02 Mar 2018 07:59 AM PST

    I received a notice from my county court office in Texas stating that I missed a court date so a default judgement was made in favor of the plaintiff. This was my first time encountering the plaintiff so I was surprised when I received this information. I contacted the law office that sued me and they informed me I was served on Oct. 21st. However, it was highly unlikely that I received a subpoena that day as I wasn't even in town that morning. I was doing a 10K race about 2 hours away that morning and had to drive a friend home afterwards. Besides the fact I wasn't in town, I have no recollection of anyone serving me. I don't have the best memory, but I'm pretty sure that is something I would remember. Also if they came to my address, they can't simply knock on my doors because there is a locked gate requiring a key to get to my door. Other than the leasing office, I have the only copy. Also my leasing office is closed on Saturdays so no one could have let him/her in. One last thing I noticed, the address on the letter received from my country court office has the wrong address. The address is mostly correct, but has an additional number in it. Not sure if it was mistyped by the court or does the plaintiff have the incorrect address for me. After all I got the mail so I don't even know if this important. While I don't mind working out an arrangement with the lawyer to settle the issue, I don't feel that I'm required to pay these court fees. When speaking to him, he told me I could appeal, but it's my word against theirs and I'll end up paying more in the long road. Sorry for rambling, but this took me off guard and I'm really worried.

    submitted by /u/toolost2lose
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    [WA] For the last several years my condominium neighbors have had one of the worst smells coming from their unit that seeps into mine, and I have had enough. I want to pursue legal action as the HOA has done very little to resolve the issue other than fine them. What do I need to do?

    Posted: 02 Mar 2018 04:22 AM PST

    The smell is a mix of cigarettes, weed, and other god awful smells that come from whatever they hoard in their place (they are massive hoarders). It seeps into my place from the laundry room and stinks up my entire condo. I cannot really begin to describe how awful it smells.

    My HOA does not have any specific ordinances against smoking in the units, and although I file a complaint almost every month with the president of the board, the only thing they have done is fine the owners. But the owners don't seem to care and continue with their behavior. The owners have also been delinquent on their HOA dues several times, so much so that it's gotten to the point where the HOA has gotten an attorney involved (I know this because I'm friends with a few board members). They are truly the worst neighbors I have ever had and they don't seem to give a shit about anyone. The common area in front of our doors also has the same stench, and whenever they open their door I quite literally gag from the smell if I'm outside.

    Is there anything here in the state of Washington I can do, as far as bringing some sort of legal or government action against them? They impede my ability to enjoy my home and they have shown a total disregard for every one of my neighbors. I wrote to them personally expressing how the smell effects me and gives me headaches, and I kid you not, the next week after it smelled worse than it ever had before. My other neighbors hate the smell as well, but they are so incredibly passive that they don't want to get involved or do anything.

    I would like to know what my options are, as I can't seem to find anything on the internet, other than possibly suing them. But is there any government agency I can get involved first, like the department of health? Any advice would be great!

    submitted by /u/NuttyWompRat
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    My family and I are being harrassed by all the policing agencies in our state because some fbi criminal is using my address.

    Posted: 01 Mar 2018 06:24 PM PST

    We have lived here for 7 years ago. 10 years ago it was rented to a man who was a serious drug criminal. My landlord had him evicted for numerous reasons. The sheriff came and moved him out. This is all public knowledge. Two more families moved in here and then finally we moved in.

    Our problems started 1 year ago, but before that nothing. I started getting cards in the mail for this man to surrender himself. I called the number on the card and informed them I have never heard of this man and he doesnt live her. My land lord called the state sheriffs and the county cops to tell them he was evicted 10 years ago. I have personally called and spoke with the FBI, state,county and city cops but still they show up.

    They all show up, at different times...and they bring 5 to 7 men in full swat gear and surround my home..while 2 knock on my door. So far I have been home to meet them at the door. They tell me if I let them in to talk to everyone and look around they will tell the next agency department that the criminal doesn't live here and they won't bother me. But they lie because the next week, it is another agency.

    Not only is this getting old, my sons are teenagers and my concern is that they are going to be surrounding my house one day while I am at work and one of my sons is going to walk outside...not see or hear them and get shot. My kids might get scared...kids that are 13 to 15 don't always act the way they should in sudden scary situations.

    I am also afraid they are going to walk into our yard and my dog which is a huge great dane will be out and will attack them and they will shoot her. I need advice, I need this to stop. I am desperate...what can I do?

    Desperate in Ohio

    submitted by /u/indianorphan
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    Finding old 911 call recording

    Posted: 02 Mar 2018 05:53 AM PST

    I'm looking to obtain a copy of a 911 call recording that occurred in the state of Illinois from 1994.

    Some background information I am not the plaintiff or the defendant. I am the child of both and was present during the call. The recording was used during the trial and I know it has additionally been used as a training tool for local EMS back in the 90s.

    How would I go about trying to locate a copy of the call or court transcripts?

    Thank you!

    submitted by /u/klw930607
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    Update: Company that filed a C&D claiming breach of Non-Com ignored my response pointing out that I was employed by a staffing agency, not their company. Have filed papers with District Court demanding a temporary and permanent injunction against me as well as damages.

    Posted: 02 Mar 2018 06:04 AM PST

    So, I'm living and working in eastern Iowa. This all started a couple weeks ago, and I posted a request for advice on how to deal with the C&D. I wound up getting assistance from a friend who's a lawyer to draft a response pointing out that my employment was through a Dubuque staffing agency. Of course, I am now attempting to lawyer up. Hopefully I'll be meeting sometime today with one of the only lawyers in this town who doesn't have professional conflict with these people.

    They e-filed. The email I got yesterday (certified postal mail to follow, of course) gave me 5 calendar days to send back signed receipt of their papers and 20 days to e-file an Answer with the District Court or face a default judgement against me.

    I'm flabbergasted.

    I know email doesn't count as an official document, so I'm assuming that all these listed days only count once I receive the official paper mail (especially since the letter mentions an included envelope in which I can return my signed "I received this" document), and I get that this is primarily a tactic being used to frustrate/confuse me because most of us lowly hourly wage workers aren't well versed in traversing the legal system and can't afford to hire lawyers. Mostly I'm just angry at them for wasting everyone's time in a ludicrous cash grab attempt. Their document with the court lists 20 different points, including the assertion that my working at another business that sells the same kind of food has magically caused their business financial damages and expenses and they should be given remuneration as a result.

    Other than explaining the whole sordid story to the lawyer, showing my W2 as proof of my employment being with the staffing agency, and bringing copies of all the letters I've received from their lawyers, what else should I be doing to fight this?

    submitted by /u/Rattgirl
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    [TX/VA] Being sued for eminent domain for land I don't own

    Posted: 02 Mar 2018 05:24 AM PST

    I received a lawsuit that named myself, another person I'm not related to, and "Unknown descendants" of two people I'm not related to. The suit is in reference to property in Virginia that I know nothing about as it does not belong to me. I'm fairly certain they just saw my last name matched this person and tried to add me to this. I'm not really sure where to go from here. I can provide more info if necessary, but I'm not sure what else is needed. I was told I had 21 days to respond to this lawsuit. Any help is greatly appreciated.

    submitted by /u/UHguy
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    [WA/MT] A friend gave me a firearm 2 years ago with no paperwork...

    Posted: 02 Mar 2018 08:19 AM PST

    Received this firearm from a friend 2 years ago with no bill of sale or agreement. I recently moved out of state and of course brought MY firearm with me.

    Now the kicker, friend is now in financial crisis and is demanding money or friend will report it stolen and that I took it across state lines. I offered several times to give it back to friend but the only response I get back is pay or it's going to be reported and I'm going to jail. I have proof over text message that they handed me the firearm and I didn't steal.

    What can I do? Do I have to pay?

    submitted by /u/Khosen1
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    Gave notice at my job. Company bought out a week later. Now being told I will not be paid out PTO. [Utah]

    Posted: 02 Mar 2018 11:12 AM PST

    As the title says I gave notice that I was leaving my job and one week later (unbeknownst to everyone) the company got bought out. The company policy before the buy out was everyone accrued PTO each pay period. The new policy from the company that bought us out is that you are awarded all your PTO at the beginning of the year.

    Now, I am being told the new company policy means I will not be paid out the PTO I had accrued. What are my options?

    submitted by /u/TheNinjaWarrior
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    Got a notice on my door that my dog bit somebody. I socialize him and he's always been good to dogs and people. Dog parks, dog friendly bars etc. How do I make sure my best friend isn't destroyed by the state? (I'm in Texas)

    Posted: 01 Mar 2018 10:42 PM PST

    UPDATE: Everything is going to be okay looks like.

    submitted by /u/Johnny__Derpp
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    Paid a famous music artist for a feature verse on a song with me. I finally get the session files but they're corrupted/non playable. No responses from artist now. Any ideas?

    Posted: 02 Mar 2018 04:18 AM PST

    Sorry the title was so long. I won't way who the artist is because I don't want to cause an issue if there doesn't need to be one.

    January 1st I paid for a verse and instrumental after speaking directly with this artist. The manager responds to zero inquiries except to say "give me 24 hours to find out what's up" and it's been more than 30 days since he said that last.

    The artist never set a schedule after the point I paid and has been vague at best, with me for two months. I would only ask how it's going every other week and messages were read but not responded to. Occasionally they'd tell me to be patient and make a plan while I wait.

    Finally after 2 months this artist went to the studio and recorded their verse. His engineer sent the session files and they were in .PTX format (Pro Tools files). I couldn't open the files or convert the song to mp3 so I got Pro Tools myself. I still couldn't access the files. I have since, forwarded the files to another engineer who strictly operates with Pro Tools and they too, could not open the session files (Pro Tools says they are corrupted files) for me to hear the song or add to it.

    I asked the original artists engineer to please mix down to an MP3 format and he said he would have it done within an hour. That was Monday at 6:33 eastern time and still nothing. If I can't get answers, assistance, or the song I paid for can I/should I cancel payment through Paypal?

    I'm in Kentucky and he's in LA.

    submitted by /u/UpdateYourselfAdobe
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    [Va] My shed has blown onto a neighbor’s car.

    Posted: 02 Mar 2018 04:14 AM PST

    So today there's been a lot of wind up here in this region and had woken up to our shed gone. Upon further investigation, the shed has flown over the fence and has landed on-top of my neighbor's car.

    Notes; The shed was put in by the former owner. We have home and car insurance. Winds are 40-60 mph.

    So are we liable? If so, how could we dispute it?

    Edit: So the shed was on an elevated platform and we had anchored it down to it with bolts. It just flat out ripped out. Insurance said they'd cover the damages to our neighbor's car since we attempted to anchor It down.

    Thanks all who gave advice!

    submitted by /u/Chris_9002
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    Frat kicked off campus after death, moved next to me and recruiting on campus [DC]

    Posted: 02 Mar 2018 12:44 PM PST

    Hi All,

    This could me more an issue of university policy than law, but thought best to check.

    A frat on a local campus was kicked out of their on-campus house after a student died of a drug overdose with a lethal volume of alcohol in his system. None of the students involved were expelled or faced legal repercussions. I'm actually a PhD student on the same campus, and I live in a townhouse across the street from campus with 5 other roommates, mostly grad students.

    The expelled frat has moved in next door and it's an absolute nightmare- loud music 24/7, drunk underage idiots making sexual assault jokes (not threats, just disgusting), and they are actively recruiting freshman students from campus. There are 16 19-22 year old guys living in a four bedroom. They have regular loud screaming fights while drunk, and they throw glass bottles into our yard. One bottle actually narrowly missed my head last week while I was gardening out back.

    A roommate who recently moved out (couldn't take the noise anymore) used to call the police with noise complaints regularly, and they would turn down the music for all of 20 minutes. In-person requests for lower volumes have gotten me nowhere.

    I've made university staff aware via email, but haven't gotten a reply yet. I'm wondering if there's any legal route we could take to get our peace back, or if it's time to give up and move out. Do I keep calling the cops and uni squeaky wheel style? I've been here 5 years and love my short commute.

    submitted by /u/Margealert
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    (TX) My brother, who just got parole has been very worried about being around our dad who has a CHL and carries, warranted?

    Posted: 02 Mar 2018 08:47 AM PST

    He doesn't live with my dad so he's not staying in a home with them, he's just worried about being with my dad in public or being in his car. He was saying something about getting 10 years in jail for that.

    submitted by /u/Ahalyy
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    [IN] Salon worker. Customer comes into business visibly intoxicated and is drinking wine. Can salon be held liable if customer leaves and gets into a wreck?

    Posted: 02 Mar 2018 06:03 AM PST

    A regular customer came in to the salon I work at and was visibly intoxicated. They were drinking out of a bottle of wine. The stylist let the customer put the open bottle of wine in the fridge in the break room while doing their hair and the customer filled a glass up and continued to drink while they were getting their hair done. When they customer left if they got into a wreck could the salon face legal issues? Even though the salon didn't furnish the alcohol and doesn't serve alcohol, the stylist allowed the customer to keep the open bottle of wine in the fridge while she got her hair done and the customer continued to drink inside the business.

    thanks

    submitted by /u/priusneedsfixin
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    Employer is asking for proof of health insurance for tax purposes. I don’t have health insurance because I thought taxed stipends did not require it.

    Posted: 02 Mar 2018 08:17 AM PST

    Throwaway account because obvious reasons. I am in South Carolina.

    My employer is asking me for tax form 1095-B or 1095-C for proof of health coverage. Every weekly paycheck we get a set amount added titled "HEALTHOF" under the same section as my wages.

    When I originally set up everything with my employer I DID provide proof of health coverage, but about 6 months ago I found that insurance was too expensive and canceled it. I now use that money mostly for monthly prescriptions and doctors visits. The company I work for is very small so I try to figure out as much as I can myself. We get very busy. My thought process was that since "HEALTHOF" was listed under wages instead of benefits and was taxed that it was a stipend and while the company could encourage me to use it for health insurance they couldn't ask for proof. And that under the laws eyes it was nothing more than a pay raise.

    Am I in trouble? Is what my employer is asking for illegal?

    submitted by /u/thrownaway357359
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    [OH] Accepting late payments as an Ohio landlord

    Posted: 02 Mar 2018 11:25 AM PST

    I give my tenants a grace period per their lease. If they don't pay in that time, I give them 3 days notice to vacate. I've always accepted payment plus a late fee if they pay within that time.

    I had a tenant still refuse to pay and filed an eviction. The judge said since I accepted late payments in the past, I had to give them a written letter that I would not accept them anymore before I could evict.

    The tenant did not attempt to pay during the entire month and I've never let them go beyond the period of the late fee plus 3 days. Does this mean they can pay whenever they want and I can't do anything?

    It seems like as a landlord I either have to go hardline and not help the tenants out at all or risk basically giving them a free place to live.

    submitted by /u/Sapphyrre
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    [France] Is there a sub for legal advice with french law, or someone who could help us ?

    Posted: 02 Mar 2018 09:14 AM PST

    My Roller Derby's coach has been stealing money and "borrowing" some to several girls. We recently found out and confronted her. She's now threathening to go to the police for "harrassement" if we tell the Derby community. Other team confirmed money was stolen when she visited them. I have no hope of seeing our money back, but how can we stop her ?

    submitted by /u/Alicemadhatter
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    I would like to change my name. What will this impact?

    Posted: 02 Mar 2018 09:25 AM PST

    Howdy, I would like to change my name. However, I am questioning whether or not to change my name as my current name is on my high school diploma, college transcript, etc. If I change my name, what are some issues I will face? Thank you.

    Edit 1: I live in Texas, and I plan to move abroad to pursue a career in bioinformatics. I am leaving an abusive home life, and I am wondering if I should plan a name change in the future because hearing my first name makes me upset. I now go by a nickname.

    submitted by /u/ComplexGene
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    Just found out the company I work for a engaging in abusive business practises [ONTARIO]

    Posted: 02 Mar 2018 08:03 AM PST

    In short, a colleague made it known to me that the company I do laboratory work for has been throwing away thousands of dollars worth of samples and sending out falsified results to clients.

    To expand, I have been working in my first "real" laboratory job for the past year, and just found out about this today. I am terrified to quit, because I don't know how it will look to future employers. However, my gut feeling is that staying is to become complicit in their scheme.

    With all that said, can I resign effective immediately without giving notice citing discomfort with the unethical (illegal???) practises?

    Honestly I'm kind of just sitting here at my desk trying not to cry. I'm absolutely terrified and I don't know what to do. Thank you for any help you can provide me.

    submitted by /u/holyfkimscrewed
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    [CA] my house lot sits between 1-2 ft higher than my neighbor, if dirt slid, that’s my $$$problem, right?

    Posted: 02 Mar 2018 09:53 AM PST

    Pretty much it.

    I'd like to replace the fence, but some spots may need a retaining wall. Usually you split the cost of a fence, but the retaining wall is on me, correct?

    submitted by /u/anonoman925
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    [Broward County, Florida] Repairs needed in apartment. Landlord doesn't exist, no responses

    Posted: 02 Mar 2018 07:19 AM PST

    I moved in with my girlfriend last June to our current apartment. Never have we been contacted by the landlord. Every month we pay our rent and everything goes smooth. Recently the blinds fell down and we need them repaired along with other things. I've been trying to reach the landlord through his email address and receive nothing. No one has any contact info for him either. Not the HOA president or the realtors. I don't even know if this guy even exists or lives in the country anymore. This is where things get weird and frustrating. So when we first moved in, randomly, our toilet was replaced. Then a couple of months ago the downstairs neighbor was complaining about his ceiling leaking. It got repaired. So I know someone, somewhere is authorizing these repairs and he is paying for them. I told the president of the HOA but he keeps blowing me off and can't find his contact info. So needless to say I am now stuck paying $200 out of pocket for the blinds along with other things which need to be replaced like the stove burner. I checked the lease and we are not responsible for repairs which we didn't cause and it was even noted during the pre inspection that the blinds needed to be replaced. I let them slide until they both fell down last week.

    So here is a list of my questions: -Can I deduct the cost from next month's rent?

    -Can I take him to small claims court over the costs of the repairs?

    -How can it be possible that nobody has any other contact for him?

    -Is there some kind of protection for renters in the state of Florida which might be able to help us?

    -Any other advice? Because we want to renew our lease but if this guy is out of contact I don't see how this can happen

    submitted by /u/cigar_dude
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    (ON, Canada) Is it legal for my landlord to request predated checks for an entire year of rent? Considering new changes to Rental Fairness Act.

    Posted: 02 Mar 2018 09:16 AM PST

    My landlord requests that we submit 12 months worth of rent in predated checks for our lease. Is this legal?

    submitted by /u/booklover_98
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