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    Tuesday, November 27, 2018

    Legal Advice Giving Tuesday - r/legaladvice edition

    Legal Advice Giving Tuesday - r/legaladvice edition


    Giving Tuesday - r/legaladvice edition

    Posted: 27 Nov 2018 07:38 AM PST

    It's Giving Tuesday! We'd like to take this moment to highlight our AMA guests from this last year, for those who would like to donate to a cause near and dear to our heart - access to justice.

    Here are the donation links to our non-profit AMA guests this last year:

    Legal Services Corporation (AMA link)

    Innocence Project (AMA link)

    Harvard Law School Access to Justice (A2J) lab (AMA link)

    Institute for Justice (AMA link)

    Rape, Abuse, Incest National Network/RAINN (AMA link)

    Foundation for Individual Rights in Education/FIRE (we're still in scheduling)

    BOLA had an opportunity to pick a charity, and their tree-law loving selves picked the National Forest Foundation!

    So, for those of you looking for a cause to donate to this holiday season, please consider one of the above organizations to support. Thank you very much, from all of the r/legaladvice team!

    submitted by /u/bug-hunter
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    [FL] Protesters causing me to lose business and scaring employees. Can I sue?

    Posted: 27 Nov 2018 06:10 AM PST

    (Wasn't sure what flair to use, mods change it if you feel the need)

    I'm the owner of a small thrift (more like antique/secondhand) store. We just finished our Black Friday deals which were less than what people were hoping (gotta still make profits).

    So I placed a sign on our door saying "Happy Holidays" because you know, not everyone celebrates the same winter holidays.

    Well lo and behold some people didn't take too kindly at being "personally attacked" by a small business owner that they decided to form a mass in front of my business.

    One of my employees goes out and asks them politely to move because of fire code violation and to vacate private property (I own the land, I'm not renting the land) and gets told they're exercising their constitutional rights to protest.

    OK, I go out (should be stated out means opening the door, there isn't enough room to actually step out of the building) and tell them vacate the property or the police will be called for trespassing. They refuse to move.

    Op: 911 what's your emergency?

    M: Hi sorry to bother you. I'm the owner over at business name and adress I have a group causing a fire hazard in front of my store, they've refused to vacate twice.

    Op: Okay (probably thinking this isn't an emergency and he's right I just didn't know the other number) I'll have an officer come by and check on that.

    A while later the squad car pulls up and tells the people to leave the property. They pull it the constitution on him and bless him he asks them to move again, tells them I own the property and they can't block the door. Says they can protest off the property a good 10 meters away.

    So they do. Then occasionally send one person in to walk in, walk out. Trying to mess up my ratio but we don't have an electronic counter because we're a small business and aren't corporately owned. Eventually they start holding up guests walking in and handing them bibles saying they were a gift from me (had a guest come and let me know. A regular that knows I wear a pentacle necklace everyday because I'm pagan).

    Now here I am a day later with a group of people handing out bibles and teaching "the good word" in my name causing me to lose regular customers! I even had a girl come in from next door (she used the back) and ask why there were people out front and if she could be escorted to her car Because she didn't want trouble from them

    What are my options?

    submitted by /u/AmyTheVantas
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    My roommate went through my dresser, used my vibrator, and I am afraid of her. What can I do?

    Posted: 27 Nov 2018 07:54 AM PST

    I live in New York City. I've been living with my roommate since August, both our names are on the lease, and I've known her for about a year.

    In the past 3 months, she's done a few things to put me off to her. Most notably, one night a man came to our door, she went into the hall with him for a minute, and then she came back in. I asked who it was and she wouldn't answer. I suspect it was for drugs, but I have no proof here.

    The main problem: Sunday night, I walked into my apartment and found her on my bedroom floor, wearing my towel, digging through my dresser. I asked what she was doing and she said looking for a hair straightener. I said if I have one, it would be under the bathroom sink. I was too shocked to react to the fact she was going through my stuff, especially since I noticed it was the drawer where I keep things used for sex.

    Her boyfriend was in the bathroom at this time, and then she joined him in there and I could hear them talking/laughing. I remained in my room, and about 10 minutes later she came in, still with my towel, and sheepishly said, "Umm... I used your vibrator. [boyfriend] couldn't get me off, so I used this to tease him." I was in so much shock that I just said "don't ever touch my stuff again" and then I made a joke out of nervousness.

    Later that night it hit me how violating that was and the fact that if she has used it before she could've exposed me to stds. I'm so upset and have been literally shaking since Sunday night.

    Last night I said, "I feel extremely violated and if you ever do this again, I want you to move out." She calmly said, "yes, I understand." She also said that she had never used it before, but I don't 100% believe her because she apparently knew exactly where it was, out of the 8 drawers on my dresser (she says she guessed), and several times each week she texts to ask when I'll be home and then doesn't respond when I ask why.

    She has also lied to me in the past, such as one time she was showing me something on her Instagram story and quickly flipped through the earlier pictures, which were all in my room. I said "go back to those", she said "no, why?" I said, "because that was my room" she said "no it wasn't" but then I followed her on Instagram and was able to see that she was in fact posting photos of herself in my room.

    This morning, I smelled that she and her boyfriend lit matches in the bathroom. I was curious, so I simply asked why, and she said (in a mean tone) "no reason" but her boyfriend explained that they just like the smell. I then said "hey you don't have to be rude about it, I was just asking a question" (big mistake I now realize) and she said, "what now I have to deal with you accusing me of smoking meth in the bathroom?" And I said "I didn't accuse you of smoking anything, I was just curious. Look, I want to keep conversation to a minimum, I don't forgive you for what you did. I only asked because I didn't know what it was about."

    For further context as to why I'm afraid, when she was in high school she lit her dad's backyard on fire.

    Sorry this is all over the place, I'll sum up the questions I have here:

    • Am I legally allowed to keep my bedroom door locked when I'm not home? The only entrance to the backyard is through my bedroom, which is why I hadn't been locking it before.

    • Is her using my vibrator or going through my dresser illegal? I am mostly concerned about the possibility that she put me and my sexual partner at risk of stds.

    • Do I have any grounds for having her evicted? I truly am afraid of her, especially since her boyfriend is leaving tomorrow and it seems like she's been on "good behavior" with him here.

    submitted by /u/ihaveanideer
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    I have notarized thousands of documents using an expired notary stamp that misrepresents the date my commission expires. How fucked am I?

    Posted: 27 Nov 2018 08:45 AM PST

    [MA]

    When I first got my notary petition approved I also ordered a notary stamp. It looks like when I ordered my stamp I typed in the wrong year for my expiration date - exactly one year off, so while my commission was supposed to expire in late 2017, my stamp has always said 2018. My notary commission expired in 2017 and the notice from the Secretary of State probably went to the wrong address because I've moved several times since then.

    I never looked at my notary certificate again and always just relied on my stamp. Never gave it a second thought. So I've always had it in my head that my expiration date was late 2018, not 2017.

    I was looking around at the renewal process and so, for the first time, went back to look at my actual notary certificate and, yep - exactly one year off. I've been notarizing documents on an expired license for almost a full year, and every document I've EVER notarized misrepresents the date of my commission expiration.

    I notarize a lot of documents. Mortgages, refinances, wills, important contracts, bank documents, immigration documents, marriage documents (and divorce documents), hundreds of documents this year and thousands since I first got my commission.

    How fucked am I?

    submitted by /u/notarythrowaway12
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    My teenage daughter's friend is staying with us, CPS has been called on her parents. Her mom is a hoarder and the house is unlivable. What do I need to do legally?

    Posted: 27 Nov 2018 09:08 AM PST

    My daughter is 17, her friend will be 18 in 6 months. I'll call the friend Nancy.

    This weekend Nancy came to stay with us because her extended family was holding an "intervention". Nancy had called an aunt who lives in another city and told her there was mold, insects, and feces in the house, and now that it's getting cold Nancy can't sleep with the windows open to mitigate the smell. Dad is an alcoholic, but functional. He does nothing about the hoarding, but he does work and provide for the family financially.

    There was no professional involved in this intervention. The family told Nancy's mom that a company was going to come today and clean everything out of the house, and she had from then (Saturday) to today to put anything she wanted to keep in boxes and remove them.

    Yesterday Nancy's mom called the police and told them anyone that came today to take her stuff would be "escorted off her property." Her family then called CPS.

    I have a friendly relationship with Nancy's mom and she texted my husband and I this weekend to say thanks for letting Nancy stay with us. I texted her today to see if she will meet me for coffee so we can talk. Have not heard back.

    Do I need to contact CPS and let them know Nancy is staying with us? Is there anything I can do to help Nancy be able to keep staying with us? I don't want her to be forced to move back home if she doesn't want to, or be forced to move in with relatives out of town and have to change schools, on top of all the chaos she's been living in. She's a great kid and my daughter's best friend. Her mom is in complete denial and is currently decluttering, as though that's all that needs to be done. It sounds like the house needs to be gutted down to the studs and even the sub floors need to be torn out and replaced.

    I know a family lawyer and can hire them if I need to.

    submitted by /u/RNSW
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    My landlord is selling the house we live in.

    Posted: 27 Nov 2018 09:26 AM PST

    I live in Louisiana. We signed the lease 3 months ago and suddenly he is trying to sell. We have realtors in and out taking pictures and now they want to show the house. The lease says they can't put a sign in the yard (there is one) and they can't show the house while we are living here. They are trying to show the house tomorrow and I'm really uncomfortable with the thought of strangers roaming around my house. We also have pets that we will have to remove and it's really inconvenient. I pay to live here, why should I have to clean the house for these people and find a place for my pets?

    submitted by /u/liketotallybuggin
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    Ex-girlfriend has taken legal action on me because we broke up, she isn't happy about it so she's charging me on two counts of assault, but:

    Posted: 27 Nov 2018 12:45 AM PST

    This is in Canada

    Every time while we were together and at her house, she would take my cell phone, change the password so I couldn't use it, she would hide my shoes and constantly ask where I'm going, even if its just me going to the kitchen for a glass of water, or the bathroom, she constantly accuses me over other women but she has my phone and a password only she can access it and no one bothers me at all.

    When we would get into an argument she would kick me out in the middle of the night, if I try to leave she will attack me, pull my hair, punch me and again, hide my shoes and my cell phone and threaten to call the cops. I don't know what she would do with my phone, she does say she has messages and texts from me screen shot on her phone saying I'm being suicidal, but she's been holding my phone, sending herself this crap to make me look and sound bad.

    She black mails me with pictures of me. She threatens me constantly by saying she will have people beat me up.

    I literally became so paranoid I'm pretty sure I developed a form of Stockholm syndrome...

    One night before we split it was late at night and she starts accusing me over other women again, but how could I when she's hanging onto my phone, we argue and argue, and of course she tells me to go, and as I put on my sweater she attacks me with a fork, stabbing me 4 times in my left fore arm and once in the chest...I almost managed to escape, but of course she pulls the, "if you leave I'm calling the cops".

    Even when I tried to get some form of employment, it was the same who, she accuses me of another woman, attacks me, she tells me to get the fuck out or she's calling the cops if I don't go, I put on my shoes, my bags packed, she attacks me again, manages to get my bag out of my hand and says if you leave I'll cops the cops and say you assaulted me.

    This has been going on for the past 4months, we been together for 6months.

    So...this past week she starts giving me crap because I found out she has been talking to other men our whole relationship. I had had enough, I wanted out, but what does she do? She attacks me as I'm putting on my jacket, she rips my glasses off my face and she runs to the door grabs my shoes and runs upstairs and locks herself in her room.

    Eventually she gives me my shoes back, but not my bag, she emptied all my belongings over her room, told me grab my shit and get out, so as I'm trying to do that she attacks me again. And I tried to loosen her grip cause she's ripping my hair out and hitting me in the face...so I get her to stop and I go by the door and she throws an empty bottle of vodka at my face, it was plastic, I knocked it out of the way.

    I had $500 in my bank she demanded I give her $30 and I can leave, so I'm trying to send an e-transfer, she takes my phone and says she will do it, but she doesn't, she locks herself in the bathroom for a long time...so while she's in the bathroom I put all my stuff in a garbage bag, and as I'm leaving the bedroom she comes into the room and shows me my phone. She completely destroyed it... My phone was my only way to get out of her house and the city.

    Because I knocked a plastic Smirnoff bottle away and it went into her direction, she told the cops I assaulted her with a bottle, so they have me down for assault with a weapon, and as for me defending myself, I'm not gonna let her just beat me and rip my hair out, of course I'm gonna try stop her and defend myself, who wouldn't? And because she was ripping my hair out and hitting me, she said I beat her up. She even went as far to get a no contact order with me, but she started texting and harassing my mother. She claims I have firearms in my house and I apparently threatened to shoot myself, which is not true. She's making up all this crap.

    This is my first time offense, I have no criminal record. But she does, assault and battery on her ex boyfriend two years prior, she had to go to anger management and some other stuff, I think probation, I can't remember.

    So, what can I do about this? I need advice cause apparently I'm on a warrant.

    submitted by /u/Bronson133
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    Found guns that were "stolen" from my parent. [WA]

    Posted: 26 Nov 2018 05:42 PM PST

    Good afternoon.

    I'll try to keep this short.

    Back in 2012 my dad hired someone from a "half way house" like program. This woman was a felon.

    Her housing arrangements fell through, and my dad offered her a place to stay. Nothing inappropriate. She was in my parents guest home.

    My dad started having some medical issues around that time, and was prescribed medication.

    At one point he was taken to the hospital, for his final week, and during that time the woman entered the main house, and stole a suit case full of goods, all captured on the security system in very high detail.

    One of the things she stole was my dads bug out bag, which had 3 pistols, I'm not a gun person and am not sure what they were aside from one revolver and two semi automatic pistols, ammo for the guns, survival supplies, and about $50K in cash. (My dad did not trust the banks, and kept large amounts of cash all over his house, business, etc.) He did however keep a somewhat up to date ledger saying what was in each hiding spot.

    The ledger, security footage, and footage of the woman selling a bunch of the survival supplies was enough to get her convicted of several crimes, and she is still in jail today, and I believe she won't be scheduled for release for at least another decade, or so.

    She of course plead not guilty on most counts, however was convicted on most.

    The issue is, one of the key parts of her trial was based on her taking, having, and not releasing the location of, the pistols. She says she did take the duffle, and some other stuff, but all that was in it was survival equipment, and the including knives, but no guns, and no cash. I did not attend the trials, and do not have exact details, but nobody believed her.

    I now live in my parents house, as my dad passed when all this was starting, and my mom moved out of country.

    I found a ledger from my dad that indicated he secured all fire arms, medications, and cash stores when the woman moved in. The ledger indiciates survival gear was still in the bug out bag, but the guns were moved from it, and other locations, in to safes that were distributed throughout the house and land.

    I found the one that supposedly had the guns from the bug otu bags, serial numbers match, in a floor safe in the unfinished basement, hidden under dirt, and it had the 3 guns, the $50,000, and a few other items.

    This woman was put away for a crime she did not do. She stole from us, but less than $1,000 in supplies, not fire arms and large sums of cash.

    How do I make this right?

    One other kink in the system, I am also a felon and am not allowed to have these 3 guns, which are still in the floor safe, or any of the other fire arms which I assume are accurately logged around the land.

    Any advise would be greatly appreciated.

    (Note: I did change a few details as I do not want my dads identity being found it. It was fairly low profile, and I want it to stay that way. Thank you for your understanding.)

    submitted by /u/FoundMissingGuns1126
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    [MA] My boss is refusing to honor cancellations of a monthly subscriptions and/or throwing away cancellation forms and claiming he never received them, scamming members out of money. What do I do?

    Posted: 27 Nov 2018 10:35 AM PST

    I've been working at a gym for 3 years. We brought a new personal trainer on in the last year and now every week I average 1-2 phone calls about someone claiming to be falsely charged money.

    I have first-hand witnessed the owner of the establishment throwing away contracts or not honoring cancellation forms. In the contract for a membership it is required to place a 30 day notice when cancelling. I have witness time and time again, the owner not honoring these 30 day notices and members getting screwed out of hundreds of dollars. Most of the time, the members return with a copy of the cancellation form and the problem is fixed. There's just one major problem...

    Personal training doesn't have a contract. If you sign up for personal training it's literally done on a scrap piece of paper and you make a one time payment. Never are the members told it's a reoccurring payment or about a 30 day notice.

    Recently a member typed up a short letter expressing their desire to cancel personal training. I made a copy of that letter, signed by both the trainer and the member with the date. I witnessed the personal trainer throw the written letter away and claim he never received one and will continue to charge the member. This happened 4 months ago. Now the member is being told they owe the gym $400+ dollars and that he must pay with cash as they fear he will charge back.

    The member claims they were falsely charged $400 dollars and charged back on their card.

    They yelled at the member, called the member names, threatened to sue the member and said they would ruin the member's credit score if the issue wasn't resolved in 1 day's time, with a payment of cash only. I and several other witnesses watched the personal trainer and owner refuse to grant any of the member's wishes of printing out payment history, printing out dates of appointments, or looking through his file to find the cancellation request.

    Another issue is, there's only three of us that work at the gym at any given time. Any problem is immediately sent to the owner as we don't have a manager of any sort. The owner and the personal trainer split the profits from personal training 50/50, so there every problem that is given to the owner falls on the bottom of his priorities or delayed with hopes the members don't pursue.

    I have dates, copies of documents from appointment dates and cancellation notices in favor of the members' claims. I also have evidence that the personal training is falsifying appointment dates with clients and claiming they've had more sessions than they actually have.

    What are my realistic options besides looking for a new job (which I already am in the process of)?

    If there is any more information I could provide that will help I would be happy to do it.

    submitted by /u/Throwaway11gg
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    Is it legal for Sales to deliberately "forget" to adjust the clients quote hoping they will accidentally overpay?

    Posted: 27 Nov 2018 07:05 AM PST

    The Sales manager for the branch of the company I work for likes to put out an initial quote for the general idea of the project with as much on it as he believes he can on it without scaring the client off, then, after getting more details about budget and requirements, will trim down the fat so to speak. All of which is fair play as far as I'm concerned.

    What worries me is many times he will try and leave things in, sometimes small, sometimes entire sections, of services/products he know we won't be providing but will still try and charge them for. If they do notice it's just "oops, sorry! Thanks for catching that, my bad" and nothing ever comes of it. If it was the odd honest mistake then whatever, it's an honest mistake, but its almost exclusively deliberate. When I've asked about the additional items (since it's my job to look at the orders and carry them out) I've always gotten back "ya, you can ignore that part, I've just left it in to see if they'll pay for it" or some close variation of that.

    The clients do technically sign off agreeing to everything listed in the quote, but these can be pages long, listing dozens if not hundreds of items in technical terms that they likely don't fully understand. Knowingly charging for things the client didn't ask for or asked to be removed by burying them in the noise, with no intention of ever actually providing those things is certainly shady, but I'm not certain of the actual legality and if there is anything I can or should do about it.

    Thoughts?

    P.S. Oh ya, this is Canada if that changes things. I've tried to be vague to CYA but I'll try and provide additional detail of necessary

    submitted by /u/egraiv
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    Hired a moving company broker to transport belongings across the country and after two months I still haven't gotten my them.

    Posted: 27 Nov 2018 07:49 AM PST

    Back in September I had to suddenly move from Montana to Georgia and needed the cheapest way to get all of my furniture/belongings that wouldn't fit in my car to the new address. My roommate and I came across this company called Gold Standard Relocation who gave us some story about having a family they moved up to Montana and they would give us a discount for the return trip. It seemed fishy, but after a cursory glance at some reviews I figured that if they were a legitimate company it would be fine. That's where I messed up. Also I need to make a note that the moving company the broker went with is called Load and Go and they're based in El Paso, TX.

    We paid a deposit of about $800 when we hired them. They came by on September 28th to pick up our things and after everything was loaded I paid another $800 with the rest to be paid on delivery. On the form they had me sign I put in the first available delivery date as the next day. The drivers left and I figured everything was okay. I drove down from Montana a week later and we still haven't heard from the company. Every call we make just rings out until a message says call cannot be completed. There was no voicemail. This continues for about another week, so I file a complaint with the BBB in Florida (where the broker is located). Now, I'm not too sure if this actually worked, but a week and a half after that, the number had a voicemail line and our phone calls were actually getting answered.

    Here is the story as I have been told; mind you it's taken about a month for this information to get to me. The moving crew attempted to start the route for delivery. The truck broke down, was repaired, broke down again, and was replaced with a different truck. However, apparently they needed another driver with the schedule and availability to make the drive from Montana to Georgia. Seemed fishy but at least I was getting information and these people were answering my calls. Next update was about a week later. Apparently the moving crew is in Texas (oh look, this is where the actual moving company is located) doing another delivery and we would get our stuff by Thanksgiving. That Wednesday rolls around and we're told that the driver actually doesn't know when he's going to be able to make the delivery but it should be next (this) week.

    Honestly, at this point, I know I've been scammed, but we accidentally left some pretty important documents in the storage containers that they took with them (stuff like tax info, birth certificates, and even the title to a car) and that's incredibly worrying. (Don't worry, you don't have to tell me how stupid that was, I'm aware. With all that's going on I honestly don't need a lecture.)

    We're planning on taking legal action but haven't decided on anything yet. I'm genuinely unsure if we even have a case or what we can actually do about it. We're out a lot of money, time, and probably a lot of our belongings. This may be a lost cause but I would really appreciate any help and advice you guys can give.

    submitted by /u/The_Bovine_King
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    8 year old daughter recorded inappropriate (not sexual) video of herself and friend on iPad - Massachusetts

    Posted: 27 Nov 2018 12:15 PM PST

    Location is Massachusetts.

    My daughter (8 at the time the video was taken) likes to make videos and take pictures with her iPad. The iPad is locked down from a parental point of view so she can't actually post the "YouTube" videos she makes. Usually they are innocent, funny videos.

    Every so often she starts to run out of space because of all of these pictures and videos she takes, so I will pull all of them off and into Photos on my Mac to reclaim the space. All of the photos and videos are backed up to the cloud (actual backup service).

    Yesterday I was looking for a couple of videos, and one of the ones that came up was one my daughter had taken. There's no indication that differentiates it from other videos when you simply look for all the videos. It was around the time of the video I was looking for, so I played it to see if it was the right one.

    It turns out that my daughter had recorded herself pulling her pants down and showing herself. It is not simply a butt picture. Her friend (also 8 at the time) was also in the video and also pulled down her pants, but didn't show more than her naked butt. I didn't watch the entire video, so I'm assuming no more was shown by the friend.

    This was not sexual in nature, it was a pretend YouTube video they were making: "Hi everybody! Today I'm going to show you what my butt looks like!".

    I'm a bit unsure how I should proceed. I obviously need (and will) to talk with my daughter about appropriate videos and pictures.

    For the video itself, I feel like I should delete it, but I'm concerned about deleting it since I also feel like I should inform the other girls parents. They are friends of ours and not prone to flying off the handle, but with this kind I want to make sure I handle it in the right way.

    Once I go to delete it, I also have to think about how do delete it from the cloud (and the iCloud) backups.

    What I'm looking for is the right things to do so I don't risk legal problems. I have no desire to keep it any longer than necessary, and no desire to go back and watch it.

    Should I delete the video and backups of it immediately, or take other steps first? One of my fears is the legal ramifications.

    Should I inform the other parents?

    If they want to see the video to see what their daughter actually did should I show it to them? I feel like this is really risky territory, even if we are all the parents.

    Please help me navigate the right course here to prevent legal issues (especially in this area!). Thanks in advance for any advice.

    submitted by /u/assassin_chimp
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    My ex and I broke up, she kicked me out, we agreed I'd get the remainder of my belongings out on the 1st of December and just this morning told me that she doesn't want me at her house and she's going to dispose of my stuff (Ohio)

    Posted: 27 Nov 2018 01:17 PM PST

    As the title says. More information: this all started last night when she found out that after we broke up I hooked up with someone else. The relationship was emotionally over long before it was actually over. I never cheated on her. Now she's jealous and being petty. Am I legally obligated to get my belongings back since that's what we agreed upon, or no, because I've been out of her house for a few weeks now? Sorry about formatting and anything nonsensical, I'm on mobile and I'm just upset. Thanks in advance!

    submitted by /u/adventusdecessio
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    Got car loan. I transferred the money into the incorrect bank account. Banks can’t get money back and closed case. Do I have any other legal rights? How can I get money back? $12,000

    Posted: 27 Nov 2018 03:17 AM PST

    Canberra ACT - Can I get solicitors involved to write to the person that has my money to give back? What is the law? Do I go to the police and raise a police report. I'm now paying back the car loan and also paying off a car with my own cash. It's just does not seem right. Any advice would be helpful.

    submitted by /u/Wardra2
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    Work as a sales rep for a cellphone retailer, and a fellow coworker stole a phone. All the remaining employees at the store are having wages garnished. Is this legal?

    Posted: 27 Nov 2018 01:22 PM PST

    [Virginia Beach, VA]

    A former coworker stole a phone valued at $1,010 from our store's inventory. Apparently his wages have been garnished, but the rest of the employees at the store are having our wages garnished to the tune of $200. This seems outright illegal, but I don't know what kind of law it is actually violating. I want to understand the legality of this so I can understand if it's worth fighting.

    I appreciate any help this community can offer!

    submitted by /u/joebrocks
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    Friend was falsely arrested due to mistaken identity. Charges dropped but now being billed for time in jail.

    Posted: 26 Nov 2018 08:24 PM PST

    This happened in Kentucky. Title pretty much says it all.

    Due to police error, a friend was mistakenly arrested at home for a very serious crime which he did not commit (they confused him with another person sharing the same name). He was bailed out by family after a few hours, hired a lawyer to fight this, but everything was dropped about a week later once the police realized their error. The lawyer is a family friend and was nice enough to refund him his fees in full.

    My friend was more than willing to let all this go without much complaint, despite being pretty upset, because he's an easy going guy and realized mistakes happen. But he just received a bill in the mail for his time in the county jail (3-4 hours). It's not a huge bill, but this is sort of the straw that broke the camel's back for him.

    Does he have to pay this bill? If they do try to make him pay, does he have any legal recourse against the city/police? Should he be suing them for wrongful arrest (or whatever the proper term would be here)? Appreciate any input.

    submitted by /u/FalselyArrestedInKy
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    [VA] Apartment complex bans firearms

    Posted: 27 Nov 2018 06:26 AM PST

    Good morning Reddit Legal Advice!

    I'm getting ready to move into a brand new apartment complex in central Virginia and I noticed the lease has a clause prohibiting all firearms in the building. I'm a responsible gun owner and would like to keep a handgun safely stored in the apartment. This is a regular residential building, not on any government or federal land. A cursory internet search indicated that VA has laws prohibiting this type restriction but I could not find the actual law. I was also wondering what your thoughts are on challenging this clause before signing the lease or waiting for an issue to actually come up and dealing with it at that point.

    Thank you so much for your help.

    Edit: Spoke to the property management company, they have a firearms addendum I can sign in order to keep my firearm in the apartment. Thanks again for pointing me in the right direction here folks.

    submitted by /u/InDaRed
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    Am I committing extortion?

    Posted: 27 Nov 2018 12:43 PM PST

    Location: Canada, ON

    Hi, I'm not currently involved in a case but I need some legal advice. My boyfriend and I split up two weeks ago. I am in posession of a ring and necklace he gifted me which he wants me to return. I said I would definitely, 100% return it, no doubt about it, but that I also wanted back the $546 dollars that I loaned to him over the course of our year long relationship. I said even payments of $50 a week would suffice and that I would give him the necklace back in two or three weeks, feeling safe knowing that he was at least going to make an attempt to honour our deal. I have no intentions of selling the property, no intentions of destroying it, and no intentions on keeping it. I just want at least a small sum of money returned to me.

    He completely refused and is now threatening me with an extortion charge if I don't return the necklace and ring. There was no contract signed between him and I over this. A lot of the money was unreturned "I owe you's" as well as actual money I leant him. I'm 17-years-old and he's 18. He gave me the necklace as a gift, and I'm not sure how that works under common law. Is it now legally mine? Or can he still press charges? I just need to know whether or not I am criminally liable and whether or not the court case will even go through.

    I have screencaps of our conversations if anyone needs to see it, and I will probably upload them when I get home.

    EDIT: Here are the screencaps of our convo log. (https://imgur.com/a/8AAw2rS)

    submitted by /u/endroll64
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    Partner split up with me, claimed she would seek alimony if I don't pay for her trip to Cali with her online friends.

    Posted: 27 Nov 2018 10:33 AM PST

    So, all of this is new to me, and I'm trying to determine what is legally possible and what isn't.

    A ex-partner of mine split up recently with me, but still lives under my roof, and I pay all expenses, as they have no job, and is trying to qualify for disability. We've been together since Christmas of 2011, and lived in Texas and Oklahoma (current location), so common-law is recognized in both states.

    Apparently, she's taking yet another trip to California to spend time with online friends, who are paying for her flight, but not for provisions, and expects me to pay for it. This check coming up was going to be spent on bills, myself (for a change, as that never happens, it's always her spending my funds), and hopefully savings, but she's saying she'll file alimony if I don't pay her provisions.

    I'm not the one planning pleasure trips on a whim when bills are to be met, and I don't know how screwed I am in this scenario, or what my options are. Any sort of advice in regards to this would be great, while I'm waiting on her to get out of my life.

    EDIT: While not legal sites, I've been reading up on some websites on items that Oklahoma would recognize as proof of common law, and the odds seem out of my favor? Can this be confirmed: https://www.divorcenet.com/states/oklahoma/common_law_marriage_in_oklahoma

    Edit Edit: For convenience's sake, here's a quick rundown of our setup:

    • We never filed any sort of declaration of marriage while living in Texas, thanks to u/DiabloConQueso for the link

    • Currently residing in Oklahoma, have a joint bank account, but her name is her legal name, not my last name

    • Has stated before in public that we were spouses

    • Has received some mail with my last name, but not much of it, most everything is still her legal name

    • PRETTY CONFIDENT my lease is just in my name

    • All taxes were filed as Single, with her listed as a dependent

    submitted by /u/celestorion2
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    Moving company was 2 weeks late with my furniture, and still hasn’t arrived. Wife and I had to pay rent for a house we can’t yet live in. Do I have a legal basis to sue them?

    Posted: 27 Nov 2018 11:38 AM PST

    I was recently honorably discharged from the US Army. The US Army then contracted a private moving company called Suddath to move everything I own (including furniture) from Washington state to California. Suddath moving company said my belongings would be here on the 15th but they weren't. I called them repeatedly and they said everything would be here on the 26th but they again were wrong, and now they have no clue when my stuff will arrive. This has resulted in me and my wife having to pay $1100 in rent for a house we can't yet live in (due to lack of furniture and such) while ALSO having to pay my mother in law a small amount of money to let us live with her for the time being. Is there any legal basis for us to sue the moving company?

    submitted by /u/FA237F
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    [SC] Animal Abuse, What Steps Can I Take?

    Posted: 27 Nov 2018 12:12 PM PST

    My sister dated someone with two dogs and a bunny. He abuses drugs, and is all around a shitty person.

    His grandmother passed away and he had to take care of the animals. He has no job whatsoever.

    Gradually, the bunny began to lose weight. It worries me, and I asked him if I could take it. He said no. Others asked him if they could take the bunny because they saw how unhealthy the bunny was becoming. The dogs weren't in that bad of condition, but one of them shows lots of aggression.

    Anyways, mister douche didn't come home to his animals for a week. I had no idea of it until thirty minutes ago when my sister picked me up from school and we went to go check up on them.

    The dogs have lost A LOT of weight. The bunny died.

    I feel like I could've done better in this situation, and I feel TERRIBLE. I started to bawl.

    We have the dogs with us, and he wants to take them to his mothers... because it's his mother and step father's "fault," even though douche bag just doesn't want to take the blame for once.

    What can I legally do to make sure this terrible human being pays for this? I am livid.

    submitted by /u/NinjaRouterz
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    [CA] Landlord-tenant: Brother died, landlord won't let me in his apartment.

    Posted: 27 Nov 2018 11:32 AM PST

    Hi all,

    My brother died this last week and I am his only next of kin. Our parents are deceased, his wife died several years ago and he has no children. I am all that remains of his family.

    Basically, my brother's landlord won't allow me into his apartment and won't give me clear answers on why not. All-in-all the landlord is being incredibly uncommunicative.

    I have my brother's mail key but not his apartment key. I cannot determine which mailbox is his unfortunately and again am receiving no help from the landlord. I am little concerned as my brother likely has some credit card bills due, which likely will rack up large amounts of interest if they are not paid.

    In sum, how do I get access to my deceased brother's apartment? I will be going down to his apartment and seeing the landlord in person on Friday. Is there anything I can bring, whether legal citations or forms, to help convince the landlord to give me access to his apartment? I do not think I will be able to have a death certificate by that time.

    Thank you for any help and advice you can provide.

    submitted by /u/anythingbutwhatiam
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    My significant other and I are breaking up and she says she is taking my dog.

    Posted: 26 Nov 2018 09:22 PM PST

    TEXAS, USA

    For backstory, we have been dating for nearly 5 years. We have 2 dogs together, BOTH adopted and paid for by me and adoption papers in my name only. When we almost broke up a few months ago, we agreed that I would keep, let's call her #1, and she would keep #2. Well fast forward to this week, we are having a really nasty breakup. She is claiming that she is going to keep both dogs. I told her if she attempts to take #1, I will be calling the police. What are my options if this happens? I spoke to her after we were both calm and she is standing by this. The adoption papers are in my name, and even though she is putting me through this, I am still willing to let her keep #2. How do I proceed with this? Will I need to contact police and get an attorney? Any help is appreciated.

    submitted by /u/Langerbanger11
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    Recently got in a car accident,I (19Y)was at fault. Other party is now telling me I have to pay for his broken iPad and stolen cash. Ontario

    Posted: 27 Nov 2018 01:54 PM PST

    The accident happened a little over a month ago. I thought it was mostly resolved, got a call today from the other party saying that his iPad was broken and 400$ cash was stolen from his car during the accident or time it was at the compound ,he has no property insurance and is asking me to claim it for him. I've spoken to my insurance broker who has told me that it is not my responsibility and that worst case he can take me to court and my liability insurance will cover me. How should I respond to the other party.

    Actual text he sent me: "Any word on your end? I was thinking hopefully we can resolve this between us? I can send you pic of tablet and receipt model. As for the cash I get it wasn't you but it went missing at the accident as a result of the accident."

    Thank you in advance I'm freaking out as I'm already a broke student.

    submitted by /u/GrassThenFly
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