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    Tuesday, December 25, 2018

    Legal Advice Happy Holidays and Merry Christmas from all of us to all of you.

    Legal Advice Happy Holidays and Merry Christmas from all of us to all of you.


    Happy Holidays and Merry Christmas from all of us to all of you.

    Posted: 25 Dec 2018 07:31 AM PST

    It is my sincerest wish that none of you end up needing to post on here because of the holidays.

    Merry Christmas and thank you to all of you who take time out of your lives to help stressed out strangers when they are confronted with what is to them often the most trying time of their lives. If that doesn't encapsulate the "Christmas spirit", I don't know what does.

    Edit: also - if you see something, say something

    submitted by /u/Zanctmao
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    [UPDATE] Crazy Dog Contract (Puppy Mill raided and shut down, additional St Bernard brought home, + pics)

    Posted: 25 Dec 2018 07:28 AM PST

    Merri Christmas from Titan and Honey Bear.

    Pupper Tax : https://imgur.com/a/bJ6UQC7

    What a whirlwind. I deleted the original post because I thought I was going to have to sue her, and because people didn't seem to think I had a leg to stand on. I found other customers that she was threatening to take their dogs from, and making crazy demands. It was just unreal how people were being treated.

    I found the breeder's vet, who told me that the breeder did indeed know of Titan's jaw defect before she sold him to me. Which made me angrier, and left me feeling like the entire sale was just fraud.

    I documented it all, along with pictures of the caged cats and sent it to animal control. I told them of all the signs that this was a puppy mill, and why I thought something fishy was going on. I was more than right.

    Animal control called me, asked if I would testify, then called me friday and said they took over 30 St Bernards, a few new finnies, and few poodles. Asked if we wanted to adopt any of them ... well yeah.

    I hauled my rear down and drove for a few hours. We were unable to get the mother of our puppy, but we got his aunt. The breeders were far worse that I thought. These gentle giants were emaciated and abused. Only one was in remotely good shape, so we took her. We believe she was either recently bred, or being fatted to be bred, but either way she is still underweight and was covered in poo.

    She obviously doesn't really know what outside is, what inside of a home is, what a leash is, or what love is. She sure knows what cuddles are, because that is all she does.

    The father of our puppy, who we were told was both a service dog and "far too aggressive" to be seen met us with the officer. She said she wanted to show us the aggressive dog. He was a walking skeleton, that was completely full of kisses, cuddles and love. The breeder would not show her to us not because he was aggressive, but because he looked like death.

    submitted by /u/CunningLogic
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    I found two websites illegally publishing my knitting and crochet patterns. (Maine)

    Posted: 25 Dec 2018 12:04 AM PST

    Long story short I have a store online (through Etsy and Ravelry) where I publish knitting and crochet patterns. I sell them and make a good amount of sales and a decent little income for a graduate student.

    All of my patterns are published and Etsy says they become copyrighted the second they are published. I also have a copyright notice within the pattern and in the item's listing description noting that it is illegal to claim this pattern as your own and publish it anywhere.

    Today I found all of my patterns listed on two different websites. One is French and the other doesn't explicitly say where they are based out of. They are both selling my patterns extremely cheap and obviously illegally.

    What can I do to prevent this from continuing? I've heard of cease and desist letters (this is a somewhat common issue in the knitting and crochet pattern designing community) but do I need a lawyer to write it and send it? I've never had this issue and would appreciate any advice on where to go from here.

    Just some notes: I have not yet contacted either website. My shop first opened in October of 2017 and I publish new patterns about every other month. I only sell my patterns on two sites (Etsy and Ravelry). Neither of the websites in question are associated with the websites I sell my patterns on.

    Very minor addition: neither site is USA based. The first is all in French and the other mentions Germany in their about section so I'm assuming they're German.

    submitted by /u/NearKilroy
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    [update] Pharmacy messed up my insurance and now $25,000 is in collections

    Posted: 25 Dec 2018 12:25 PM PST

    Hi all! Here is my original post: original LA

    Well, this has turned into a very merry Christmas after all!!

    After attempting for 6 months to solve this problem, calling multiple times a week, and basically just trying to explain to everyone with no result, I put in an official complaint to the board of insurance in California.

    I got a letter from Anthem, the company who sent me the bill, saying they WILL BE COVERING THE ENTIRE THING AND THEY ARE SORRY FOR THE WHOLE INCONVENIENCE.

    I received the letter yesterday, a literal Christmas Miracle. Thank you all for your help, I'm so relieved this has been resolved!

    submitted by /u/karmacomatic
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    Bank withdrew $9,000 instead of $900

    Posted: 25 Dec 2018 08:11 AM PST

    I'm posting here because I have no idea what to do.

    We live in Atlanta, GA and pay $900 for rent by check every first of the month. This morning my SO woke up to an email from our bank saying our account was overdrawn. We bring up our bank statement and it says it was for our rent check. We bring up the picture of said check, and it clearly states $900, though the actual bank statement says $9,000. Clearly this is a banking error, but right now our account is thousands of dollars in the negatives and we have no way of contacting anyone. Since it is Christmas everything is closed, we even tried calling the number on the back of our debit card.

    My question is - What can we do? Do we just have to wait until tomorrow to get this sorted out? When it does inevitably get fixed, will the bank owe us any sort of compensation? Also does anyone know about how long it would take to straighten this out? How long should I expect our account to be overdrawn?

    Edit: Words

    submitted by /u/throwaway152834
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    Police in Louisiana gave the money stolen from my MIL back to the thieves who stole her car and the money! Please help with advice to get it back.

    Posted: 25 Dec 2018 09:44 AM PST

    Title is pretty much it. MIL car was stolen and within 10 minutes found by my wife and the police. Women and her husband were arrested, husband stayed in jail longer with priors and the woman got out on a small bail even though she locked herself in a room trying to use the cc's. When asking MIL everything missing she could explain everything down to the detail to the police, including $400 and the denomination of each bill. The police left a $50 knife at the house ( ducks but she doesn't care as much) with the excuse they didn't think it would be hers and to make things worse they ended up giving the $400 back to the criminals AFTER my MIL filed her report on what was missing. She has talked to the Chief of Police, the Mayor, and I think she contacted the DA. Nothing has been done and they told her they cannot access their funds to refund what is rightfully hers. This has been about one month and we are in the state of Louisiana. She really needs this money as $400 isn't a small amount to her, is there ANYTHING I can do to fix this as it seems the city is not doing their job. I'll go as high as you tell me. Thanks for any advice reddit.

    Edit: to add the police have told her that she cannot have access to the police report and what was seized in evidence, as it is an on going criminal investigation. Is this accurate?

    submitted by /u/sethamus
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    State put a dam up and dried up creek

    Posted: 25 Dec 2018 11:03 AM PST

    Wondering if we have legal recourse. WA state (in an effort to save salmon) blocked up tributaries flowing from a river near a family member's home. This completely dried up the year round creek that flowed through the property and though they've not gotten an appraisal yet, likely impacted the property value dramatically.

    I could't find much online about cases like this, just info about landowners not being able to change or dam up creeks. What we really want is the creek back, as its why the family member purchased the property in the first place (the creek isnt a case of recent bank erosion and has been there decades at the very least), but with that being unlikely we are wondering if there is anything we can do about the loss in value of the place.

    submitted by /u/LogicalMess
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    Mother of child will not give child back :(

    Posted: 25 Dec 2018 08:43 AM PST

    My boyfriend has a 9y/o son and he has primary physical custody. The child lives with us, his mother gets him on tuesdays and thursdays from 5:30-8:00pm and she also gets him every other weekend, from 5:30pm Friday until 8:00am Monday. That it the parenting time order that is in place. Also this is in Michigan, and he was never married to the mother. This past weekend was her weekend. When she got him Thursday night she never brought him home. She would not bring him back Monday (yesterday). She asked when our Christmas plans were and then stopped answering any texts or calls after that and never brought him back. My boyfriend has called her a few times this morning and after the first two calls (unanswered) she shut her phone off. They have been going through yet another custody battle since March this year and their final court date before the judge has been pushed back but not yet rescheduled. Is there anything he can do to get his son back today or as soon as possible? He is extremely upset because he has not seen his son for Christmas.

    submitted by /u/mnm54312
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    Parents threatening to hold/spend $8K of my money

    Posted: 25 Dec 2018 12:30 PM PST

    State is AZ.

    I've got $8K in my savings. They want me to go put 5k down and do 5 years of payments for a $12K car. They want to cosign and I'll pay under $200 a month for a car

    I just want to spend 5-6K on a car on Craigslist but my parents say that's why I'm too inmature to own my own car

    I'm 17 by the way. I really don't want car payments. I just want something I can pay for upfront. They are telling me I'll learn my lesson if I buy from Craigslist

    They aren't paying for anything because I'm paying for payments and insurance.

    Which I'll just wait 2 months until I'm 18 and get my own car I want.

    Now they are telling me that they will take the $8K and spend it how they like since it's a custodial account (Wells Fargo) they've threatened to hold my money once I'm 18 and kick me out.

    I've been planning on leaving my 18th birthday and never speaking to them again for awhile, but I need that money

    I feel like I'm never gonna see my own work money. I've been putting it away for over a year now.

    Am I shit out of luck since my mom owns the account?

    submitted by /u/Vexrah
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    [DC] Is there a point where you can prevent your apt management from constantly needing access to your unit?

    Posted: 25 Dec 2018 10:34 AM PST

    My building needs access to my apartment roughly 2-3 days a month, every month, for the last year or so. (if it matters, I'm paying ~2k in rent)

    It's ridiculous, I've never lived somewhere where they came in twice a month. In other places it was more like twice a year for smoke alarms and such.

    Here they've needed access 15 days over 6 months.

    It's intrusive.

    Can I tell them "No, you can't have access"?

    They're renovating the building (balconies, windows, etc) and I've been accommodating up until this point. But their access is worse than Comcast and is beyond ridiculous. I'm tired of them constantly needing to be in my apartment at some random point.

    Do I have any rights here?

    submitted by /u/conflictedideology
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    Bought a brand new phone from Craiglist, but it was reported stolen/black listed 1 month after it was activated. The seller is a real estate agent and put a lot of his info publicly online. Any advice how I should take action?

    Posted: 25 Dec 2018 11:26 AM PST

    Ps. I texted the seller once yesterday, but he hasn't responded yet.

    submitted by /u/trowawaze1
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    Got a gun as a gift, and I don’t want it. How do I get rid of it? (Tennessee)

    Posted: 25 Dec 2018 12:54 PM PST

    My brother got me (I'm 21) a new handgun as a gift. I don't want it, and I'm not licensed to have a gun either (if that's a thing in TN, I have no idea as I have no interest in owning a gun). I have no felonies or anything but I never signed anything or did paperwork for this gun. He just wrapped it and gave it to me.

    How do I sell it or check if it's in my name? How do I get it out of my name? Can I just take it to a pawn shop and sell it? Is it legal for me to be in possession of it in any capacity as I don't have a carry permit?

    My brother refuses to answer any of my questions (he's not a felon either, just a jerk that bought me a gun after I said I didn't want one) as he wants me to just shut up and take it for my protection, but I have an inkling buying someone else a gun isn't exactly legal and I don't want to break any laws. There has to be some paperwork done, right?

    He might have bought it in Alabama, as I live near the state line. Not sure if that changes anything.

    submitted by /u/eternaforest
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    Is it legal for an employer to make you buy or deduct pay for your own uniform? What about for a dress code? What about outerwear? (California)

    Posted: 25 Dec 2018 11:59 AM PST

    Owner of a small business has asked us to buy our own uniforms. He doesn't specify what kind except that it has to be purple. Older employees have the actual legit uniforms (logo and all) and have explained he got tired of buying uniforms for people who would never return them after quitting so he requires new employees to buy their own.

    This was fine, up until yesterday where he told us we have to wear purple sweaters and jackets as well, even if we have a purple shirt underneath. This is a bit hard for us since he purposely doesn't give us more than 20 hours a week each (as he refuses to put anyone, including the manager, as full-time employees) and pays us minimum wage. We clearly wouldn't wear the uniform outside of work as casual wear either. We already have to buy our own tools as well, not to mention he puts on a lot of resistance when it comes to working overtime or for errands (e.g. going to a nearby store in our own car, using our own gas, to buy what we need for special orders) off the clock.

    Is this dress code policy legal? The law is a bit confusing.

    submitted by /u/ACorgiNamedTatorTot
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    Being sued for credit card debt (MA)

    Posted: 25 Dec 2018 11:45 AM PST

    So I received a summons today from my county sheriff. I'm being sued for a debt I incurred when I was about 18 yrs. old. Discover gave a youngin like me a credit card with a $6000 limit which I very foolishly maxed out right away. It's about 3 years later and for many reasons I was unable to make the minimum payments and now they are taking me to court. I plan to answer the summons but I'm seriously considering bankruptcy as an alternative as I won't be able to afford rent and bills while paying this off. This is the first company to sue me and I assume it won't be the last as I unfortunately owe roughly 20k in debt (not including student debt...)

    Can I start the bankruptcy process now and have it apply to this debt? Or am I too late?

    For Christmas this year, I got sued!

    submitted by /u/boring_throwaway_
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    House across the street has a septic tank, makes my room smell like sewage multiple times a week during the night.

    Posted: 25 Dec 2018 01:21 PM PST

    I wake up multiple times a week during the week with my room smelling of sewage and it makes it impossible to sleep. What can I do about this? They're not in my neighborhood so the HOA is out of the question.

    submitted by /u/ThatGreenTeaGuy
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    I’m pregnant, what would happen if I move and don’t tell biological father?

    Posted: 25 Dec 2018 11:54 AM PST

    I'm pregnant and currently live in Florida where the child was conceived. The biological father has said he does not want to pay child support or be in this child's life however his father(who is quite an a*hle) has big plans of trying to have my baby taken from me and somehow placed with them(the grandparents) he has no grounds(their whole family is crazy and I really don't want my child exposed to just how crazy and careless they are, they do drugs as well,home is filthy, roaches,TONS of outside cats that bring dirt inside etc.)his parents are afraid that I will go after their son for child support and my child will be their ONLY grandchild so this makes me very anxious that those loony tunes will try everything to see my child.. I plan on moving to Ohio with family and not listing any father on the birth certificate. I would like to go ghost and never see them again however I'm afraid that he will find me in Ohio and try to get custody of the child. I'm just looking for any advice? What would happen if he did find me?

    submitted by /u/Zephrbumblebee
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    My girlfriend(from U.S.) and me(outside the U.S.) are planning on getting married after I'm done with serving in the army. I need some help with understanding how marriage works in the U.S. for our situation.

    Posted: 25 Dec 2018 08:42 AM PST

    So I met my girlfriend when I was living and studying in new york about a year ago. We have been together for a bit more than a year now and we are really into each other. A couple of months ago I decided to stop my studies because I had to return to my home country to serve in the army for 9 months but after that I plan on going back to the US to be with her. She came to visit me for Christmas and we talked about what we were gonna do and the topic of marriage came up. She had also mentioned marriage when I was in the US in order to avoid the army but i didn't want to get married back then because we were together for only 6 months. But now after a year and 4 months i have started thinking about getting married to her after the army (in 8 months from now). I plan on getting engaged in april. This will also help me with working in the US(I was allowed to work only inside the school campus for 20 hours a week). We plan on having a Christian wedding but we gonna have a political one first. I want to start planing things slowly starting now. What kind of paperwork do I have to go through? Or can I just go to US and get married with her?

    submitted by /u/aceps95
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    Traveling from US to Canada - Expired Passport

    Posted: 25 Dec 2018 11:31 AM PST

    We were packing for our annual road trip to Canada to visit family and realized that my wife's (US citizen) passport expired 3 months ago. We can get into Canada, but I don't know about coming back in 2 weeks. Are there any good options to fix this or are we SOL this holiday season? She has a valid MO driver's license and birth certificate, but I don't believe that these are unacceptable travel documents.

    submitted by /u/zombieblackbird
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    Employer filing for bankruptcy and refusing to pay me my last check. Anything I can do?

    Posted: 25 Dec 2018 04:45 AM PST

    I have worked at a very dysfunctional bar/restaurant for about a year now. The owner would essentially steal our credit card tips. I would have to go in on my days off and ask him to pay me. After several attempts to get him to pay me he would eventually write me a check, which would almost always bounce. Eventually I always got my money though, through persistence and many visits to the bank.

    However, the bar just went out of business and the owner is filing for bankruptcy. I am only owed a little over $300, but I am really hurting for that money. He owes my boyfriend (who also worked there) over $500.

    Luckily, I have a manager there who looked out for me and went in there and demanded the owner write us checks. After a screaming match, the owner finally wrote the checks, knowing full well that there are insufficient funds in the account and that we would never see that money. I suspect that he plans on closing the account soon if he hasn't already.

    Is there a loophole to cash this check despite there being insufficient funds? Are there any legal steps that I can take without a lawyer? Or am I best off just cutting my losses and moving on? Any advice is appreciated, thanks!

    EDIT: I am located in Baltimore, MD

    submitted by /u/flowkitty
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    My elderly mother may need state assisted medical care. Her hometown in Florida does not have viable facilities and she is currently in a hospital in Alabama.

    Posted: 25 Dec 2018 08:28 AM PST

    Long time lurker first time poster.

    I'm in NY. Mother lives in FL but is currently in a hospital in AL. She was flown there last night after suffering a stroke because the hospitals in her hometown are still recovering from a major hurricane a few months ago. It's early in the recovery process (she got out of surgery 2 hours ago) but already the doctors are talking about the "long road ahead."

    I know she's going to want to go home and recover by herself but in my opinion she is not physically capable of doing so and her home environment is not safe (still debris and mold damage in the home and she just got home from a previous hospital visit caused by a bad infection she contracted while attempting to clean the damage). My brother lives several hours away and has been able to visit several times to help with clean up and her care after the storm (he's with her now) but it is not realistic for either of us to supply the level of care that she will be needing.

    Is there a type of medical hold we can put in place to keep her in a hospital or other facility until she is deemed capable of her own care by a professional? If we find ourselves needing to seek financial assistance for her care do we apply in FL or AL? If a medical hold is put in place in AL can she be moved to a facility closer to my brother in South FL under the same hold or de we need to jump through the hoops in both states?

    The info I need is less "Do I need a lawyer?" and more "What agencies do I call in which state to get the right balls rolling?"

    Thank you.

    submitted by /u/Usual_Parsley
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    my father is running out of money for alimony payments, im scared for him. what happens when he runs out of funds?

    Posted: 24 Dec 2018 04:45 PM PST

    My parents split jan 2008 in florida after 25 years. My dad had a job paying 250k a year and got let go from that job in 2012 (minimal severance package). My dad has a 6k a month alimony payment to my mother and has been unemployed since 2012 (he is 68). He says his funds are about out. What happens next? He is a great man, my mom is a looney tune, and i am scared shitless to see my dad go dead broke and possibly homeless because of my mother.

    Update/Edit: my dad has filed for a reduction 6 separate times and has gone thru 6 different lawyers, all of them were no help in lowering alimony.

    Update/Edit 2: not one person has answered my real question. What happens when he runs out of money?

    UpdateEdit 3: There was no adultery on either side. My mom is crazy. She stressed my father and my brother and I out to no end and the divorce was much needed. She is the single most incompatible human being on planet earth every person she has attempted to date has left her in the dust and for good reason.

    Final Update: thanks for the advice everyone. Sorry if i ranted at all, this whole situation is highly frustrating. I appreciate y'alls help!

    submitted by /u/zachynix
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    Accused of discrimination

    Posted: 25 Dec 2018 10:46 AM PST

    This is the weirdest experience I have ever had. I (38 F/South Asian) took a seasonal job at a big chain company in Canada in November. I worked yesterday (Christmas Eve) from 10 AM to 6 PM and was working at the cash desk in the kid's sections for most of the day. It was really, really busy. I was going as fast I could so I could check people out.

    Anyway, two Asian men came up to check out. They wanted to make two transactions, because they wanted two different gift receipts. They didn't need to do this (make two different transactions for gift receipts) but I didn't want to argue with them so I went ahead and finished up one transaction. I asked them for their loyalty card, but they didn't have it on them. So, I searched using one of the men's email address and applied their membership. They wanted a couple of items gift wrapped and I took down their information and sent off their item to be gift wrapped. Next, I completed the last transaction and handed them their bag. The man who paid for it (he was using the other man's membership number but I assumed they were family or partners and also it was Christmas Eve) asked what promotion we were running. He had overhead the cashier next to me give someone $5 off. I told him it was something we were running where if someone was waiting in line too long or couldn't find a book, we give them points as a thank you (I know, stupid idea). Then he said well, I spent $100 at this place I want to get the promotion. So I said, sure we can do an exchange and I can apply the promotion, which gave him (his friend) $5 worth of membership points and not $5 off. So I got his friend's or partner's membership number and applied the promotion and handed his item back to him. My whole interaction with them took 10 to 15 mins. He came back a little later and said actually, I want to talk to a manager. I called for the manager and I heard them whispering. A little later, the manager said he accused me of discriminating against him. I tried to act normal because I wasn't expecting that; I was expecting to be told off for anything and everything else. I didn't want to protest too much and make myself look guilty. I told her of my interaction with them. Anyway, she was like I told him that it wasn't her intention at all. WTF!!! Also, this was the first time I had applied the promotion to anyone that day.

    So this could all disappear and that's the end of that, but you hear such crazy stories nowadays. He could talk to a lawyer who could convince him that he was discriminated against because a promotion wasn't applied to him. I don't want the company to throw me under the bus because he threatens to sue them or something. I don't want to be dragged into something and not be prepared for it. I will never work retail ever. What should I do?

    submitted by /u/ANON7473
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    Debt Collector continuing to call me and contact me after debt validation letter was sent, but no validation paperwork was sent back to me?

    Posted: 24 Dec 2018 09:07 PM PST

    So about 25 days ago I got a letter from a debt collector saying I owe $XXXX from an account I've never heard of. I sent a debt validation letter immediately. Within the last 25 days since sending it, I've not received any paperwork back but they continuously call my phone, which I believe is a huge violation of the FDCPA.

    What's my next step? I'm approaching the 30 day mark of no validation...I always see mixed information regarding consumers taking legal actions against collectors after the 30 day mark.

    Any advice appreciated.

    EDIT: Located in California.

    submitted by /u/WorriedStraight
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    Someones using my name and address (as the sender) to ship illicit materials

    Posted: 24 Dec 2018 08:28 PM PST

    Received a letter from the USPIS today saying they withheld a package (due to hazardous, restricted or perishable mail) with my address as the sender. I have no idea what this package is but after looking up the recipient address I'm pretty certain I know who the real sender is, an old business acquaintance who lives in the same city as me and knows my address and whose parents are the recipient. I can't make someone just stop putting my address as the sender, but yea, no idea where to start here.

    What is the severity of a USPIS withholding (do they just dispose of it or is this going to be a pain for me to get sorted out that the guy faked my address and if that's the case do i need an attorney?) and would his actions constitute identity theft? Colorado.

    submitted by /u/throwaway01119
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    Try to start a business. I'm so overwhelmed I don't know where to start...

    Posted: 25 Dec 2018 09:54 AM PST

    I'm trying to start up a business by the beginning of next year. I live in Florida btw. I have gone on so many government website to look up info but none of it makes sense. I don't know what to do first or what I need to do at all. I would be working from home and would be the only employee for now. It's going to be a skin care line. I don't know if or when I should register as an LLC, when to register my business name, or if I need a Tax ID #, if I need to get liability insurance and what kind. Any advice would be appreciated. I'm so overwhelmed I just don't know where to start. I'm about to give up on my dream.

    Edit: clarification

    submitted by /u/hviske1989
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    My mom's lover died and his ex is threatening to take everything my mom has

    Posted: 25 Dec 2018 01:34 PM PST

    Situation : My mom and her late boyfriend were living in HIS house (a house he once lived in with his ex, the troublemaker). They bought furnitures together and both have things that's theirs in the house as well. Some of the furnitures only have my mom's late boyfriend's name on it.

    Problem : The will was outdated and the ex inherited from the house (the daugther inherited from it but she's under 18 so her mom decides) and now she's threatening my mom to take every single item in the house that she cannot prove with a receipt that it's hers.

    The ex is an ex-lawyer and always threatens to bring my mom and the boyfriend's family into court if they do no comply with her needs.

    Ps : she's only really doing it to hurt my mom. She doesn't need the money for her daughter nor the house since she inherited from around 4 millions $ of the boyfriend's money and she's willing to throw my mom in the street without any furniture just for fun.

    I really don't think what she does is legit and if it's really the law... Anyone know if she really can do that ? Canadian if relevant.

    TL;DR : Following the death of my mom's boyfriend last november, his ex is threatening my mom to keep everything that she can't prove is hers.

    submitted by /u/Grenierfirst
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