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    Legal Advice Seeking 2018 Best of BoLA Nominations

    December 24, 2018

    Legal Advice Seeking 2018 Best of BoLA Nominations

    Seeking 2018 Best of BoLA Nominations

    Posted: 24 Dec 2018 04:57 AM PST

    Hey guys welcome to the Second Annual Best of Best of Legal Advice Awards. /u/TheElderGodsSmile and I will be your hosts, because apparently Jon Stewart, Chris Rock, and Neil Patrick Harris were all busy, none of them even had the courtesy to RSVP no... Anyway, it's been an outstanding year for both BoLA and LegalAdvice. BoLA has just about tripled in growth this year, starting at just under 100k subscribers in January to 273,428 as of the time I wrote this post. BoLA has also expanded our reach to better cover LAUK with the addition of a new moderator, /u/litigant-in-person, who hails from our neighbor across the pond, who had joined our existing US and Australian team. LegalAdvice itself has seen a continuing explosion of growth, starting the year at 324,582 subscribers and more than doubling to its current count of 670,941. LegalAdvice has also gotten some outstanding press this year, with this flattering Vice article on the sub being published back in August.

    Now, as I know none of you are here to listen to me ramble on, let's get to the awards.

    This year we have 10 categories that need nominations. Each category will have its own post for nominations in r/BoBoLA. The nomination posts will contain additional information about what we are seeking in each post. To make it to the final ballot all nominations will require a second, to second a nomination simply post a comment on the top level nomination saying "second" or whatever other cute language you clever devils come up with, just make sure we know you are really supporting the nomination. You are welcome to nominate your own content and so long as you get a second you will get to the final ballots.

    The nomination posts will remain open until 10PM Eastern December 27th, shortly thereafter we will put up the voting polls and run those through January 1 at 10PM.

    Folks who nominate winners (and folks who win the good ones) will get a custom user flair in /r/bestoflegaladvice, and a certificate courtesy of /u/bug-hunter. Without further ado, our categories:

    The Special Delivery Award - For the best update of the year

    The Vinny Van Gogh Award - For the best MS Paint drawing

    The Trickle Truth Award - For when OP really buried the lede

    The Tenebralupo Memorial Award - For the best BoLA title

    The Gold Fringe Award - For the craziest/strangest/most delusional LAOP

    All Star Parent(s) - For the actual best parent (either an OP or parent discussed by an OP)

    Prima BoLArina - The best BoLA poster

    Understudy Prima BoLArina - The best BoLA commenter

    BoLA Post of the Year

    LA Comment of the Year

    submitted by /u/ops-name-checks-out
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    I manage a 24/7 motel and only make $600 a month.

    Posted: 23 Dec 2018 10:41 PM PST

    There really isn't a lot to explain on this one, I just have a feeling that I am being illegally exploited by my employers and I'm looking for some advice.

    The facts: - I work in hospitality in Idaho - I am either engaged in work-related activities or am on call for 24 hours out of the day, 7 days a week - I live on site where I work - I am not allowed to leave for more than an hour (only during a specific time of day as well) - I haven't received a day off since I started working here three months ago (I have been offered a fill-in to cover for a few hours, but work resumes as soon as I get back home, and I have to find a fill-in myself in a small town of 500 people.) - I have not provided my employer with my social security number, but they're withdrawing taxes - I never filled out a W-4, and never recieved an employment contract - I was told I was salaried but on my paystub it's blank where hours should be and my wage reads $8.00/hr - I do not have a set payday and my checks have always been 1-4 days late, yet always show a previous (on-time) date when I receive them that aligns with a normal bi-weekly schedule - I know that my employer is currently undergoing an audit and have been red flagged in the past - They have a security camera in the office adjoining my apartment with audio equipped that can clearly record my conversations in my living room, and the only separation is a non-locking sliding door that's really more of a privacy curtain than anything, and blocks out no noise - I have no defined sleeping hours, and more often than not get woken up in the middle of the night to attend to my duties - There are no labor laws posted anywhere in my work area or common areas. I haven't seen one since I started working here

    I know this might be a lot of information, but I just want to make sure that I have a case before I waste my time or money seeing as I don't have much time to investigate or get out of the office.

    EDIT: I'm also disabled (legally blind), if that matters.

    submitted by /u/Killmerightmeow
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    My friends ex-husband had his new wife, and employed dental hygienist “fix” their daughters cracked tooth. Now her front two teeth are badly messed up. Does she have any recourse from preventing the dad from doing something like this in the future? Can she report the wife? (TX)

    Posted: 24 Dec 2018 08:14 AM PST

    Close friend send her 15 year old and the other children with their dad for break. About a week ago their daughter cracked her tooth. Her mom took her to the dentist and they sealed it and said they would wait 10-15 days until they would rebuild the tooth. She informed the dad. Well today he informs her that he had it fixed. She was initially upset because he didn't clear it with her. He said he "took care of it and she should be happy he saved her a 'shit ton' of money." Daughter gets home and it's bad.

    The tooth isn't the right color. And they are misshapen. Yep, they messed with both teeth. In fact, they filed the good tooth to match one that was "fixed." Also. The teeth now touch. It's a mess.

    So, mom is mad and wondering what dentist would do this hack job. Turns out the dads wife, an unemployed, dental hygienist, did it in their living room.

    Legally, what can she do to make sure that something like this doesn't happen again during visitation? And, what can she do to make sure the wife can't do unauthorized procedures on their children?

    Additional info: the daughter let them do it cause her dad assured her that the wife was trained.

    TLDR: During visitation dad let his wife perform dental procedures on their daughter without moms permission. Teeth are messed up. How can mom protect kids to make sure this doesn't happen again?

    Edit: The wife is, in fact, unemployed.

    submitted by /u/ErikaCheese
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    Girlfriend is threatening a 5150

    Posted: 24 Dec 2018 09:01 AM PST

    This is for California. Long story short, my Christmas gift was finding out my (ex) girlfriend tripped and fell on another dudes dick. When I found out, and when she realized she couldn't talk her way out of it, she became hysterical and started texting people I am suicidal. I own 30+ firearms, and am worried that even without cause I may end up in trouble or on a hold. I have spoken with the people she texted that I know about, my brother, room mates, and a friend, all of whom have checked up on me and seen I'm fine. My father, who has now been updated, is a psychiatrist for the state and he also confirmed I am not suicidal and I have been at his house just pre-emptively because there is no access to firearms there (I figured this would help). I want to go back to my house where my room mates would be there and sleep on my own bed, but I don't know if this is a good idea. What can I do to protect myself? Should I call the local PD and explain the situation?

    submitted by /u/throwrowrowawayyy
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    [Missouri] Someone abandoned their dog with my friend over two months ago and now she wants the dog back.

    Posted: 24 Dec 2018 07:26 AM PST

    I'm posting for a friend who is currently in this situation, here is the direct quote from his Facebook page.

    "So a couple of months ago someone said "Hey can you watch my dog for a couple days", then she stopped responding to texts, calls, facebook etc. 2+ months later and she now says " Hey good news, I want that dog back in January."

    Now this turned into a little bit of an argument, so I'd like to ask the SocialMediaVerse,

    Does anyone have experience with this type of situation? I've fallen for this dog, and truthfully don't trust the previous owner to care for her."

    She didn't leave him any money to care for the dog and he's been caring for her out of pocket, she left him no date for which she'd pick the dog up, and she cut all contact with him when he tried to reach out about the care of the dog. He only agreed to watch the dog for a few days and now he's had her for the better part of three months. He wants to keep the dog.

    According to what I've been able to dig up, this is almost certainly abandonment in Missouri, but I'm also not a lawyer: https://www.animallaw.info/statutes/us/missouri

    "A person is guilty of abandonment when he or she has knowingly abandoned an animal in any place without making provisions for its adequate care."

    Where does my friend stand? Can he tell her to shove off? Is the dog legally his now?

    submitted by /u/FuckCargoShorts
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    Package thief broke ankle on my property she’s now suing. NY

    Posted: 24 Dec 2018 12:49 PM PST

    This happened two weeks ago. As the title says, a 14 year old package thief tried to steal an Amazon delivery off of my doorstep. She slipped on some ice and broke her ankle while leaving the property with the box in her hand. The delivery contained a wine glass set that broke when she dropped the box. I've already filed a claim with Amazon and I have a replacement set pending. My security cameras have the entire incident in tape.

    I got a letter from an attorney in the mail seeking compensation for her medical bills. I know the lawsuit is bull and she won't win but I'm trying to figure out what I need to do. I know her being a minor may complicate the issue.

    submitted by /u/bobsm145
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    I accidentally shoplifted

    Posted: 24 Dec 2018 07:37 AM PST

    Yesterday I was at Walmart with my mom at the self-checkout lanes. We were sharing a cart and one of my items was trapped under hers, resulting in me not seeing it. After paying for my stuff (around 30$) we went home and I noticed I didn't pay for one of the items. The item was around 5 dollars and no alarms went off, and no one tried to stop us on our way out. I ended up throwing the item and receipt away because I felt too guilty. I'm too scared to go back and get in trouble for it and I'm also scared the cops are going to find me. This happened in Ohio.

    update: thank you all for your advice, it did make me a little less anxious. however, i've still been looking outside my window waiting for the cops to pull into my driveway for the last 3 hours. your advice really does mean the world to me though.

    submitted by /u/elonmuskyeehaw
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    Is constant co-sleeping with a grandparent during visitation legal? [PA]

    Posted: 24 Dec 2018 10:06 AM PST

    Hi all, looking for information from anyone with experience in this field or just with similar situations. A couple months ago, my stepdaughter's biological father/wife's ex-boyfriend reported us to CPS for physical abuse of our stepdaughter, alleging that a bruise on her outer leg was caused by us kicking her (which was a lie - we've never hit our kids.) Long story short, he gloated to my wife via texts that he had reported us, CPS came same-day to investigate but did not see any imminent danger and left our children with us, and ultimately it became apparent that the situation/story made no sense and was closed out as unfounded with no further action necessary. It was also apparent that this was simply a power move by a man who has been both mentally and physically abusive to my wife in the past.

    My question lies in the fact that during our initial CPS visit, our caseworker stated she had to confirm that both of our children had their own beds and bedrooms. They both do, so that was fine - however, that is not the case at my stepdaughter's father's residence. He was evicted from his apartment less than a year ago and moved back in with his parents. Originally she was in his old bedroom and he moved into the basement - however at some point within the last few months (not sure when) he decided to take her room for reasons unknown (according to her, he says the basement makes his back hurt, not sure what that means) and her bed, and she was put on a futon on their back porch/sunroom. Obviously it gets cold in there considering it's a Pennsylvania winter. Additionally, it seems for whatever reason his parents are having marital issues and that futon has also become his mom/her Grandma's permanent sleeping area, so every night she spends on visitation over there means she has to sleep on a little futon with her grandmother. Not only is this kind of weird to me, but it's also affecting her physically - she's always gone to bed way later at her father's than at our house, but now couple that with sleeping with a grandparent who snores loudly and keeps her up at night, and her sleep is really bad over there. She says she's asked them to get her her own bed several times in the last couple months but has essentially been told "no."

    Is this abuse? Is there law surrounding this? I have had a hard time finding a definitive answer. I'm not looking to get him or anyone in trouble (even though that's what he did to us), I just want her to be able to sleep well and have her own space like she should. She spends 5 out of every 14 nights there so it's not good for her. She's almost 10 years old.

    Thanks for any assistance anyone can provide and I apologize if this was too wordy. Located in PA.

    submitted by /u/grx782
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    (Poland) Wife had to terminate pregnancy and now we are forced to wait ~1 month to bury our child

    Posted: 24 Dec 2018 06:15 AM PST

    My wife (Polish) and myself (Cyprus), currently living in the UK, were visiting her family in Poland. While in Poland, my wife had pregnancy complications (there was hematoma that was causing bleeding and might have affected the amniotic sac to rupture at 18 weeks) and was advised to terminate pregnancy at 18 weeks (to save her from sepsis). Labor was induced and she gave birth to a perfect looking boy that did not stand a chance of survival in this cruel world. We were told that we would be able to receive him back and arrange for funeral 2 weeks after. Three weeks have passed and no one is giving us any information on where our child is. Only information we get from the hospital is that it will take much longer for them to run the typical histopathology exams (baby was healthy as far as we know) and for them to release the baby to us, with us having no say on what exams get done on him -- apparently this is a typical procedure in Poland (hospital told us that the law and their procedure says they can take as much as they need to run what ever tests they want). Unfortunately, I dont speak Polish and cant be of much help in trying to figure what I can do in this very difficult time for my family. Any advice?

    submitted by /u/AllAboutTheRide
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    [Texas] Did a cop unlawfully trespass on my property?

    Posted: 24 Dec 2018 09:18 AM PST

    I live in Texas and late last night (around 10PM) I heard a noise in my garage. My roommate that also parks in the garage is currently out of town so I immediately went to investigate.

    I opened the door to the garage and there was a cop just standing there. I had the garage door cracked a little bit because I had smoked some marijuana a few hours earlier and decided to let it ventilate a little bit. So this cop had to have crawled under the cracked open garage door and had been in there for who knows how long before I heard the door and investigated.

    He claimed they got a report from a neighbor who was worried about our garage door being cracked open at night with the lights off. But why on earth would he have crawled under the door rather than knocking on the front door. The lights inside the house were on as the rest of us in the house were home.

    One of my roommates thinks this is unlawful trespassing and we should report it, but I'm not so sure I want to escalate things because there was some marijuana in the garage, which has since been from the premises.

    submitted by /u/weirdeventthrowaway
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    My cat died after neuter.

    Posted: 24 Dec 2018 09:27 AM PST

    I took my 16 week old kitten to the vet to get fixed as per their request. He was fixed on Friday and he died early this morning. I gave him all his medications on time and made sure his post surgery care was as comfortable as possible. I know a spay/neuter is a routine procedure that has been done countless times. What legal recourse do we have regarding this?

    submitted by /u/Nkeeks
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    Husband is not following parenting time agreement?

    Posted: 24 Dec 2018 10:36 AM PST

    I'm from New Jersey. I have a final restraining order against my husband. For stalking, harassment, uncomfortable touching. The judge ruled in my favor because of the surplus of evidence I have. My husband had his parenting time with our 2 year old terminated from May 2018 until, recently.

    We are getting divorced still but my husband was able to complete his batterers invention and risk assessment. He was given visitation from 3:30-7:30, Monday, Wednesday and Friday. He has been late every time. He had the baby waiting for a half hour the first time. The daycare told me she was so sad and asking where I was. She was sitting on the floor holding her backpack and jacket just waiting. He came at 4:15. She is only paid for 8 hours of care. I never leave her there late because I know that the daycare is only being paid for that amount of time. That is rude and inconsiderate.

    The last times he told me he could not get her at 3:30. He ended up getting her ranging from 4:30-5:15, picking her up from my residence. The first day, I told him she needed to eat dinner with him. He did not feed her. He brought her back to me and she was hysterical because the last time she ate was 3:00 at daycare. I have a text message stating "he forgot to feed her dinner".

    The other thing is, I am afraid of my husband. He stalked me, abused me and assaulted me. When he drops off the baby he is not allowed to get out of the car. The judge told him his verbally. It's not written on the FRO. But, last Wednesday my ex husband got out of the car, had me cornered to another car, while I was holding the baby, got very close and tried to kiss my face, I turned my head. I froze up out of fear. I had tunnel vision. He was asking me for sex, saying he missed me, that he wants me to drop the restraining order and be a family. I was able to snap out of it and just walk away.

    I reported it to the police station. They said they cannot arrest him. It is not in the restraining order that he has to stay in the car. The judge told him verbally. They just took a statement.

    I want to take him back to court. I cannot deal with knowing he didn't give our daughter anything to eat or drink for hours. I'm tired of him harassing me and not following the rules. He is controlling the entire situation and monopolizing my time. He is sexually harassing me.

    Am I allowed to demand he pick up and drop the baby off at the police station until I get this sorted out with the domestic violence judge? As I said I do fear him and he does not know when to stop.

    submitted by /u/Frequencytoturnuon
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    (Pennsylvania) I am a bartender and the bar owner requires us to pay any difference on a blind drop

    Posted: 24 Dec 2018 09:55 AM PST

    This is a pretty standard bar operation in terms of the till, with the cash register having a set amount at the beginning of each shift. We count and record what is in there, noting any discrepancies from the previous shift. At the end of the night we count it back down to the set amount, with the rest of the cash being dropped into a deposit box. We have no way of (or rather the owner denies us) the ability to print out any shift report from the register for cash transactions. The credit card machine is a separate unit, and all we get from there is a settlement report. He is the only one who views the cash transactions/register unit report and when he compares it to our blind cash drop, we are required to pay any difference. Is this legal? The ability to print and review a shift report would allow us to find input errors and correct as such. I just feel as if this blind drop thing sets us up for failure.

    Let me provide an example. We have live music on weekends which requires us to do a pay out from the register to pay the bands. One night a new bartender forgot to enter the pay out for $350 and just took it out from the till. The following day the owner texts everyone who worked that shift saying we each owe $100 plus dollars because the numbers are "all wrong". I finally realize it was the band pay out that went unrecorded and point this out to the owner, which he did accept as truth. But he would have made everyone give him that money had they been new bartenders or weren't smart enough to figure out the mistake. I don't know. Seems off to me.

    submitted by /u/Sleipnirsdouble
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    Can an ISP legally inject ads / promotional material into webpages?

    Posted: 24 Dec 2018 09:04 AM PST

    I live in the United States, specifically New Jersey. Recently my ISP has started to inject promotional material into webpages that I look at. This means at the top it has a banner that provides information about a new service they are offering. The ads appear on multiple devices (including iPhone) so I have confirmed that it isn't a local virus or malware. The ISP has admitted that they are doing this to me over the phone. From what I gather, multiple people have submitted FCC complaints but the representative claims that it is legal for them to be doing this.

    While for some people this wouldn't be a big issue. The problem is that when I am working from home and it appears on a specific display device. I can't close it like a regular device so it forces me to have to use a network wide VPN to prevent the popup.

    Is this legal?

    submitted by /u/EffadoraAnnielora
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    Sis in Law took over 6k

    Posted: 24 Dec 2018 10:26 AM PST

    Hope that this is the right place to post. I live in Houston, TX and I'm seeking serious advice. I have a grandmother who has Alzheimer's (undiagnosed but almost positive it is), and a few years ago before she got worse, she set up a bank account with my sister in law on it (who also has a past of doing shady stuff). My sister in law had her name on it because she help set up the account with my grandmother. Fast forward to now, my sister in law has taken over 6k from my grandmother without her knowing due to her illness, and has spent it on cars and expensive trips, amongst other thingws. Is there anything legally we can do since her name was on the account? It infuriates me when people steal from elderly or sick people.

    submitted by /u/dizzydshort
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    Lease is Ending, landlord attempting to get $100 from each tenant for not resigning.

    Posted: 24 Dec 2018 08:45 AM PST

    Hey everyone. I need some help. My lease at my current apartment is ending on December 31st and two of the three roommates (myself included) do not wish to stay and resign another lease on the apartment. One roommate, however, does want to stay there and has already found another roommate to move on with her and they meet the apartment required income requirements. Our lease legally ends on December 31st and the roommate wishing to stay is signing a new lease for the apartment without our names on it. This is where I need help, the apartment landlord is trying to say that me, the other roommate and our two guarantors on the lease need to pay 100 dollars each to "remove our names" from the lease. But the lease ends December 31st, do I have to pay this fee? Sorry for the horrible formatting, I'm in the parking lot of our leasing office waiting to go in and complain. Any help is very appreciated.
    Edit: location is Sacramento, California.

    submitted by /u/Boogie_Smalls
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    Sister caught at Montana and Canada border with Schedule 1 drug

    Posted: 24 Dec 2018 11:04 AM PST

    Hello Legal Advice,

    I am using a throwaway account. I just found out that my sister was caught with a schedule 1 drug coming from Canada to Montana. She is 21 years old. No prior convictions or charges in the US or Canada. As we live in Canada, I thought it might be helpful to ask for some advice here. She is in jail at the moment in Cut Bank, Montana. My parents are trying to get her calling privileges. What would be some of the first steps here? What could she be looking at in jail time? Will she have to serve her sentence in the US if she does get sentenced? Sorry for not having much information at the moment. I just found out this morning and my parents are having a hard time contacting and getting information.

    Edit: I am waiting for more information from my family. I know in the past she has only been involved with marijauna. Thank you for the replies so far.

    Edit 2: Just found out the charges: 2 felony charges for dangerous drug offences and one for drug paraphernalia.

    submitted by /u/throwaway78674531
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    The police can not serve my harassment order. What can I do to protect myself from my harasser?

    Posted: 24 Dec 2018 11:24 AM PST

    Hi, I'm not quite sure what category this falls under or if this post even belongs here, but I'll start at the very beginning. I'm a 24 year old female living in MA and my harasser is a 28 year old male who's last known address is in upstate NY.

    In January 2018, I met this guy on an online dating app. He said he was in my area for a while visiting an army buddy. We went out and got coffee three times and got dinner one time. He seemed completely normal and fairly intelligent the first three times I met him. However, the fourth time he seemed very unhinged and told me a variety of things that made me never want to interact with him again including that he was an army ranger, that his sister had a restraining order against him, that he had supposedly been tortured by some government agency, and that he had a kid that he supposedly owed a lot of money in child support for.

    After ending this dinner date, I tried to have as little contact with him as possible. I tried to let him down gently and told him that I was getting too busy with my masters program to really see anyone. Unfortunately, he wouldn't take no for an answer and took to messaging me on Facebook after I had blocked his phone number. I then told him to stop contacting me and blocked him on Facebook, only to get a message from a new phone number about a month later, which I knew was him. I told him to stop contacting me, and blocked that number. After this, about every 2-3 months I would hear from him using a new Facebook account.

    Just when I thought he was gone for good, he would be back again messaging me nonsensical, sexually explicit, and aggressive things. At one point, he was apparently back in my area for a music festival around July 4th. He told me that he was going to come visit me and that he knew where I lived. I spent the entire night alone and terrified because my family and neighbors were away. I called some friends for support but they all seemed to think that I was overreacting and that this guy was full of it, so I hesitated to report this. I blocked this Facebook account, only to find him messaging me with another one a few days later. This continued into August when he finally seemed to go away.

    I graduated from my master's program and found a job in a local city and thought I was finally rid of him for good until the first week of December when I saw him about a block away from my new workplace. At first I thought I might be going crazy so I was hesitant to report this incident. I thought I could just try and forget about it and move on until last Monday when he texted me something sexually explicit and vile from a new phone number. I immediately knew it was him, so I told him to go away and that if he contacted me again, I would be calling the police. I did not hear from him again that day or on Tuesday, so I thought he might have gotten the message.

    Unfortunately, that was not the case. Wednesday I saw him while I was out getting lunch close to my workplace. As soon as soon as I saw him, I turned around and headed back to work. About 10 minutes later I got another message from that same new phone number calling me dumb and saying that he didn't care if I contacted the police.

    I left work early that day and went straight to my hometown police department where I was able to speak to a police officer about this situation. He was disturbed by the messages and attempted to contact him to ask him to stop contacting me with both of the numbers that I had for him. One was no longer in service and the other seemed to be for a burner phone that only accepted text messages. It was at this point that the officer suggested I attend court the next day to try and get a harassment order against this person. After quite a bit of back and forth with the judge, he finally agreed to issue me a temporary harassment order against this person as he stated I could not prove that the harassing messages were indeed coming from this person. He told me I would have to be back in court in 10 days with more information and that I would have to come back every 10 days indefinitely if this person could not be served.

    A day later I called his local police department to inquire if he had been served. I was told that they had attempted to serve him at his fathers home in town but that his father stated that he no longer lives there and that he has no idea where his son is or how to contact him. I was also told that this guy has a record of multiple orders of protection that have been served to him at that address, and that someone who is not his father reported him as a missing person which is concerning to say the least.

    At this point I just want him to leave me alone and not come near me, but it seems there is no guarantee of that. I've been unable to sleep very well and when I do sleep I have nightmares of him coming after me. I really want to figure out if there is anything else I can do or should be doing to ensure that he stays away from me and my workplace and what else I might be able to do to protect myself. Any advice is greatly appreciated!

    submitted by /u/halfbakedcupcake
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    Does Illinois recognize accents and non-English (but Latin) characters in names?

    Posted: 24 Dec 2018 10:40 AM PST

    My parents named me the diminutive form of the name I want to change it to (I also want to change my last name). The full name contains the letter "ł". When I'm filling out the form for the name change request, do I use that letter or should I use the letter L?

    submitted by /u/Th30n3Wh0kn0cks
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    Will it hurt your case to change lawyers more than once during divorce litigation?

    Posted: 24 Dec 2018 09:11 AM PST

    It is still very early on in the procedure. The parties just barely filed initial discovery. I have changed lawyers once already. Will the judge view changing lawyers again as a negative as long as it doesn't hold up the proceedings? I.e. do I run the risk of the judge saying "oh this guy is difficult" or "oh this guy must have a bad case"? My case is solid, but I am concerned with some things I have seen from my current lawyer: getting details of the case wrong, missing a filing date, taking a week to forward over documents from the other side, and making more than a few typos in filings.

    submitted by /u/powertotruth
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    Other tenants stealing packages - is a camera okay?

    Posted: 24 Dec 2018 12:34 PM PST

    Hello all,

    ​

    We live in a apartment building which has a general area hallway that connects all 6 apartments and has mail boxes. Packages are often left out in this hallway when they are too big for the mailbox, and we have had a few Christmas packages listed as "delivered at your mailbox" come up missing.

    ​

    Our landlord will not be available for about 2 weeks, and we have more packages that are coming in the mean time. Would it be okay to place a camera outside of our door (no audio) to cover the mailboxes. There is nothing in our lease that specifically prohibits cameras or anything about the common hallway at all, and the camera would not be able to few into any other apartments. I just don't want us to loose any more packages we spent our money on.

    ​

    Again, we can not reach our landlord at the moment or I would ask his permission directly, but I just want to make sure there are no legal issues with this idea.

    ​

    I appreciate any advice.

    submitted by /u/ndain75
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    [NV] Parent remarried and died and now the half-sibling is taking everything in secret.

    Posted: 24 Dec 2018 10:14 AM PST

    My parents divorced in California in 1984 after 15 years of marriage. As it was Cali in the 80's, my stay-at-home mother kept the house, everything in it, and got some good alimony. She remarried within a few years. Nobody knows if she had a will when she passed last year in Las Vegas, Nevada as we were told she didn't by the husband. My sister called to see about getting some of mom's antique furniture and her husband indicated that since he was the survivor in the marriage, he was keeping everything. We heard nothing more from him and didn't pursue it.

    He died about 3 months ago and his daughter is apparently listed as executor of the estate. We have not seen a will, nor anything from the estate at all. The daughter told us her father had gambled all his savings away in his last months, was in debt due to health problems, and nothing was left except a barren and dismantled house.

    Through sheer dumb luck, mom's old friend went to a series of estate sales and called us from it saying she was standing in mom's house and was very upset by it. Items from my grandmother were being sold off in typical fashion, and there was no apparent damage to the place. My sister wired her money to purchase things that mattered to her. The estate sale ended yesterday. We were not advised of the sale beforehand.

    The house should be worth about $400k. The estate sale should have yielded a bit, and we have no info on the state of debts or assets in the bank. We're entirely in the dark.

    So the legal questions are: Are the children of the partner who died first entitled to anything there or was the husban d correct that as survivor he gets everything? This is all a bit raw right now so we're also knee-jerking into wanting to hit his daughter with anything legal we can after this shifty move. Useful or a waste? None of us live in NV. I assume a probate lawyer is the right speciality?

    As a second level question, if we have recourse in this, what can or should we demand proof of along the lines of debts and assets and stopping the daughter from disposing of anything else? TIA.

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    submitted by /u/DoctorHootieHoo
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    Hospital charged wrong insurance and now making me pay legal fees even after they got paid?

    Posted: 24 Dec 2018 12:17 PM PST

    In March I took an ambulance ride. It was not needed and was not wanted by me but I was told I had to take it. On the ride, nobody at any point asked for my personal or insurance information even though I was fully alert and coherent. The hospital had my correct information and also rooted through my personal belongings and took my insurance card so they passed the info along to the ambulance. Somehow still the ambulance charged the wrong insurance and had an address for me that was years out of date. They never bothered to ask the hospital again for correct info.

    They never sent me a bill. I did get a phone call but the message had no call back number or instructions and when I called the caller ID number it went to someone's personal home phone. The ambulance company itself had no idea what I was talking about and I got stuck in a loop.

    A few months later after hearing nothing and not knowing if/what I had to pay, I get a letter in the mail saying I owe $1300 for the bill and another $600 in legal fees and if I don't pay they will sue me.

    I called the law office and explained it all, gave my correct insurance info, and in a week the full $1300 bill was paid in full by the insurance. The lady on the phone said that was great and we were done and to inore the legal fees. A month later I get another bill from them now saying they want $700 in fees despite what I was told and the original fees being less.

    Now they say I have to pay it but this isn't my fault. I tried everything to fix this but had nowhere to go and had they charged the correct insurance in the first place they would have got their money. I didn't cause this issue and they got their money so why should I have to pay?

    I live in Pennsylvania. What can I do? Law firm won't drop the fees. Can I argue with the ambulance company or hospital since they are the ones that screwed this up?

    submitted by /u/stitchmidda2
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    [NJ] Charged with N.J.S.A. 2C:35-10(a)(4). What is my next step?

    Posted: 24 Dec 2018 09:56 AM PST

    I'm an 18yo college student home on break, and was arrested last night for possession of thc oil.

    Events leading to arrest: Friend picked me up and we were on our way to a party. It was in a sketchy part of town. Party got cancelled so we left. Suddenly, red and blue lights turn on behind us. Cop asks my friend what we were doing there and we told him we were going to a party but it got cancelled. Officer says "so what were you really doing there? Trying to buy something? Be honest" Friend denies and the officer takes our ids and goes back into his car.

    After what felt like forever, two more units showed up and they told my friend to get out. He owned up to having edibles in the car, and I watched him get cuffed. They pulled me out and were about to search me and asked if I hand anything illegal on my person. I figured I was out of luck, and handed over my thc vape pen, which had maybe 1/4 gram left.

    We were later booked and both charged with N.J.S.A. 2C:35-10(a)(4), which is simple possession under 50 grams. The cops were lenient and weren't out to get us. There was an older cop with an axe to grind that tried to get the arresting officers to charge us with combined possession and being near a school, but they said they aren't trying to nail us for something like this, as marijuana is on the fast track to legalization.

    Telling my parents isn't an ideal option, as they would lose their minds and take me out of my university or something crazy. As a first time offender, who is an active Eagle Scout in his community, who had family in all branches of law enforcement, and was honest and showed remorse, what could I be looking at here.

    1. What are the chances the case gets thrown out the window entirely due to many possession cases in jersey being pushed off until legalization or dropped entirely?

    2. Should I speak with the prosecutor to see what he wants out of the case?

    3. What are the chances of just receiving a fine and nothing on my record?

    4. If all else fails, would I be eligible for conditional discharge?

    Thanks for reading, and any advice would be a great help.

    TLDR: Friend pulled over. Got searched and found with 1/4 gram of thc distillate in a vape pen. Charged with N.J.S.A. 2C:35-10(a)(4).

    submitted by /u/throwaway3649275
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    [North Carolina] My mom got arrested for failure to appear - wrong name on original citation and clerk of court originally said there was no court case for her to deal with.

    Posted: 23 Dec 2018 06:57 PM PST

    Edit: tl;dr, mom was arrested for failure to appear because police spelled name wrong on original citation which meant all court records said she had no pending case to deal with.

    First post, please let me know if something is wrong with the format.

    Over 4 years ago, my ex boyfriend called the cops when my mom went to his workplace and asked for some personal property of mine back (a storage unit key) while I waited in the car. Instead of agreeing to do so my ex called the cops and demanded she be trespassed from the store. This entire interaction was caught on cell phone video from his perspective which the cop watched when he arrived and agreed she was not threatening or violent but said an employee can tell her to leave regardless - because she did not do so when requested, he had to write her a citation.

    When we were outside speaking to the police officer, the officer gave my mom a piece of paper that said she was not allowed back on the property and if she returned she would be arrested for trespassing. Additionally, the officer gave her the citation that said she needed to appear at court. He said to call the clerk of court for more information and to double check about the time, date, and to ask any other questions (fairly standard stuff). My mom gave her license (not a NC license) as her ID and the cop entered all the information into the system yadda yadda and we were free to go on our way.

    A few days go by and my mom calls the clerk of court to double check when she needed to appear etc. The clerk tells her there is no case by her name and date of birth and that the officer must have decided not to pursue the charge. We thought that was awesome and carried on with our lives.

    Today, while visiting family for Christmas, my mom was pulled over for a California stop. The officer told her she had a warrant for her arrest that was issued in July of 2015 and that any traffic stop should have lead to her arrest. He was pretty cool and didn't make it a dramatic thing. She was taken to the PD and immediately bonded out.

    The police officer was kind enough to tell my mom that the original citation had the wrong spelling of her last name and did not have a social security number attached. He could not explain how the 2 other times she had been pulled over in the last 4 years (by state troopers) she had not been arrested. Nor why when she went to the same police department to make a stolen property report last year why they didn't mention it.

    My question: what do we do? She lives out of state and she would love to clear this up as fast as possible. She has been down to NC courts twice to deal with speeding tickets, it isn't like she was hiding from them at all. Her license number has not changed, nor has her address, car, or any other identifying information. She would really just love to move on.

    submitted by /u/plsnodoxing
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