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    Thursday, July 11, 2019

    Legal Advice Tropical Storm Barry - Pre-Disaster Megathread

    Legal Advice Tropical Storm Barry - Pre-Disaster Megathread


    Tropical Storm Barry - Pre-Disaster Megathread

    Posted: 11 Jul 2019 08:48 AM PDT

    Tropical Storm Barry is slated to hit Louisiana on Saturday, probably as a Category 1 hurricane. However, due to the current high water levels in the Mississippi, there is a risk of catastrophic flooding over the levees in New Orleans. We will be editing this post at least once daily as resources become available, and we'll be answering questions in the comments.

    What should I do now?

    Evacuation orders have been issued for Plaquemines and Jefferson Parishes. Lafourche and Vermillion Parish have voluntary evacuation orders. Five Parishes made made emergency declarations: St. Bernard, Plaquemines, Jefferson, St. Charles , Terrebonne.

    Whether you are planning to evacuate now or not, make sure to keep important documents with you, especially your passport, driver's license, birth certificate, and Social Security Card. You will need these to establish your identity if anything goes wrong, such as needing to get a new job or apply for assistance. For insurance purposes, take pictures of every room and of important things you can't take with you, and make sure you have your insurance policy info (at the least, the contact info for your insurance companies). Even if you don't plan to leave, take those pictures and get them uploaded to the cloud (You can also use home inventory apps for this purpose).

    Here is Ready.gov's Hurricane prep site.

    You can follow emergency orders at http://emergency.louisiana.gov/ as well as @FEMARegion6 on Twitter.

    Your protections (or lack thereof):

    If your employer threatens to fire you or fires you for not going to work in a state of emergency, you probably have no legal recourse (unless you have an employment contract). However, if you are missing work due to work as a volunteer emergency responder, you do have protections.

    Price Gouging Laws are automatically in effect with any state of emergency. If you suspect price gouging, please report it.

    Other Resources:

    If you are in New Orleans and have special needs, register with the NOLA Health Department Special Needs Registry so they can prioritize assistance.

    What about my pet?

    If you have a pet, while FEMA is required to take animal owners into consideration, shelters and hotels are not required to accept pets, but service animals retain their normal ADA protections. Emotional Support Animals (ESAs), in this context, are equivalent to pets - fair housing does not apply. Petfriendly.com has a list of pet-friendly hotels - you should call ahead if you are evacuating to a hotel and need to take a pet with you.

    After the storm is over, what should I do?

    As storm related help is posted, we will post links to apply for emergency aid, get insurance help, or get disaster related legal help. If you find something out before it's posted here, please post it. Most importantly, do not return home until the area is declared safe, and follow all emergency management notifications, as entering areas that have been restricted can result in criminal charges.

    What kind of resources can I expect?

    Emergency SNAP (food aid) and TANF (cash aid), short term housing through FEMA, extended unemployment benefits, short-term forgiveness on student loans and mortgages. State and federal organizations will set up special processes to handle these in the coming days, and we'll add them here.

    Until other sites are online, keep an eye on www.disasterassistance.gov. Save your FEMA registration number once you sign up.

    Also, local legal aid resources will be available after landfall. Lawhelp.org will have some, but we'll link others as we find them.

    submitted by /u/bug-hunter
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    [UPDATE] Aunt moved in and changed the locks while I was out (TN)

    Posted: 11 Jul 2019 04:38 AM PDT

    Original Post

    "She" in this post refers to my friend, not the aunt. My friend spent yesterday trying to get the police to help. They continued to basically blow her off, all the way up the chain to the sheriff himself. They still insisted that she fill out this form (the part she is supposed to fill out is circled) and take it to the courthouse before doing anything, which she is going to do today. They told her she will need to get a lawyer. They said she can then call dispatch and get an escort to go to the house with her. After she was done with them she tried just getting a locksmith to get into the house without a police escort, only to find there are no locksmiths in her entire county. We don't know how to get into the house without breaking anything, so she is still on my couch as of this post. She is also going to call Adult Protective Services today as some people recommended in the original thread. She is also waiting to hear back from some free legal services she reached out to on Monday. Also, another detail, aunt does not seem to be staying in the house. It appears to be vacant as far as my friend can tell. What is this form for?

    ETA: Can friend recover the costs of having to damage the house to get in? What about the cost of rekeying the locks? Also, until locks are replaced, aunt still has access. Any way friend can prevent that in the meantime?

    submitted by /u/sleepingonmycouch
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    [Update] Child wanting pick up during the other parent's scheduled time.

    Posted: 11 Jul 2019 04:52 AM PDT

    Link

    So, this is a really fast update, but apparently while I was worrying and writing a Reddit post, my 13yo was talking to a police officer, refusing to go back to the other parent.

    I really appreciate the feedback, because I was better prepared with how to handle the fallout.

    The officer also told the child that they have to go unless the other parent decides to drop them off here. I think it was good the child talked to police so they knew I wasn't just abandoning them, but my hands really were legally tied. But it was bad because of what happened next.

    So the child decided to tell the stepparent that they didn't want to stay, and when they were told by the step they had to, they said they would be suicidal if the parents didn't bring them back here. So the step parent called me up, and the child is now at my house.

    You can believe I had a long talk with my child about how that is crossing a line, and has to be taken seriously. So the child can't be alone the next few days, and I told them if they do it again, I will take them to a clinic. Not as punishment, but because I love them and need them to be safe. They actually said they had been hoping the other parent would leave a mark, and you can believe I did what I could to talk them out of that line of action. I hope.

    I should have seen it coming. The child has contemplated suicide since 3rd grade, and actually did some self harm a year or two ago that I didn't know about until recently. The child has been in therapy since 3rd grade, but has been resistant until a year or so ago because they were given reason to believe it was a play by me. I'm feeling pretty frustrated about everything, because everything I can do doesn't seem to be enough.

    It's hard, because I was in a similar situation, but I was able to get out. I have to tell my child that they can't get out for five more years. I guess all I can do now is wait to see the long-term effects and keep up the therapy.

    Thanks for telling me the difficult but real truth about my legal options.

    submitted by /u/willneverbesafe
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    My dog bit a child at the dog park and her mother is trying to sue me. Am I at fault due to the circumstances?

    Posted: 11 Jul 2019 07:47 AM PDT

    Ontario

    I have a GS/Lab mix and her name's Josey. She's entirely non-aggressive and has never bitten anyone before. She's around 3 years old and around 50lbs. Has all of her shots, is chipped to my property, and has all of her necessary tags.

    I am a frequent visitor to the off leash dog park and recently I've started making friends. One of these friends was a woman and her 6 year old daughter. They have a shitzu named Gizmo. Josey and Gizmo like each other but don't play often because of the size difference. I haven't spoken too much with the woman, but we exchange hellos and gentle conversation.

    A few days ago I went to the park as normal and let Josey off her leash to play with the other dogs. I followed her around at a distance but kept my eyes on her because of course she needs to be supervised like all the others. I saw her getting a little roudy so I called her over and she came right away. I was standing with the woman and her daughter at this time, and when Josey came over, her daughter began to pet her. No big deal at all and I trusted them both. Josey was very happy to receive attention. As me and the mother were watching, her daughter suddenly grabbed Josey by her ear and YANKED it very hard, and Josey immediately yelled and bit in response. It was a quick snap and there is a single puncture wound that bled, but apparently her hand is fine otherwise. Josey didn't hold on.

    I have one other person who was there who saw what happened (by chance) but I'm not sure if I can rely on them to testify in court for me. Everyone else in the commotion was confused and I had to understandably leave the park.

    I'm just wondering if I'm really at fault here. If it was on the street I would understand how it's mine and my dog's fault because that requires immediate and constant supervision, but this was an off-leash dog park where dogs are allowed to roam. I was also right there when it happened and just wasn't able to react quick enough to avoid the bite. All this, and the only reason Josey big was because she was attacked—she's never bit or growled at anyone before.

    submitted by /u/throwaway93728327
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    [MA] I work for the state. I’m a nurse. I work in a very old facility. I just sent out my 6th patient in a week and my second coworker to have a heart attack in a week, who can I report this to?

    Posted: 11 Jul 2019 05:00 AM PDT

    My facility was built in the 1700's. Every year when the AC units turn on we loose a few patients due to sepsis or respiratory illnesses. It is one building. I've spoken in writing to HR, my supervisors, the directors, ect. who have all said they will "look into this concerning matter" my patient that is currently out has been tested for legionaries and was negative. My coworker last Thursday literally crawled out of the office to me grasping her chest and we found out that afternoon she suffered from a massive heart attack. Yesterday, my other coworker dropped dead AT work from a heart attack. Out of the 6 patients in the past WEEK I have sent out (there are only 20 in the building) 2 have died from respiratory failure. These are young patients that live at these facilities 24/7 their whole lives that are fairly healthy (mental facility) and besides getting respiratory illnesses each spring/summer they usually manage to pull through. (Some other coworkers have dropped dead at work but nothing has ever come of it except "oh it's work stress, it's an aneurysm, ect.") Each year 8/10 nurses get "strep throat" or "pneumonia" that we get treated for. If it matters also 3 of my coworkers have been trying IVF therapy and have not been able to have a baby and they've all been trying for 3-4 years and keep having miscarriages. What can I do? Who can I report this to?

    Edit: Many of us are afraid to report to anywhere we have to use our name because someone has done so in the past and this place has made it very difficult to work for her. She ended up quitting and loosing her retirement and pension and time.

    TLDR: Sent out many of my patients for respiratory illnesses, they're in respiratory failure and some have died. A few of my coworkers have had heart attacks or dropped dead at work. We believe it's because of the old ACs in the building because every year when they turn on that's when everyone starts getting respiratory illnesses/sepsis/heart attacks/miscarriages. Who can I report this to?

    Edit2: I have contacted a workman's comp attorney. It is a very scary situation. Their office will be guiding me in this situation and I will be meeting with them on Monday. He has worked helping workman's comp for the state workers for a very long time and he was recommended by a very high up person in the commonwealth. I appreciate everyone's help and am still open to any input and opinions. It's a very scary situation and I am deeply saddened by so many losses.

    submitted by /u/redditredditreddit20
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    [IN] Out of state abortion for minor without parental consent

    Posted: 11 Jul 2019 10:31 AM PDT

    Hello. I will get straight to the point. I [M20] recently found out that my sister [17F] is 2-4 weeks pregnant. She has made it clear she wants an abortion.

    I've researched my state's minor abortion laws, and it requires parental consent of at least one parent/legal guardian or through a judicial bypass. Our father is mentally disabled and my mother has power of attorney. So all legal decisions are made by her. She refuses to provide parental consent for an abortion. Before going through the process for a judicial bypass, I have questions about the legality of taking her out of state where no parental involvement is required, in the case that a judicial bypass does not pan out.

    Is this something that I can do legally? I am fully prepared to pay for all of this as I have a decent amount of money saved up.

    If I can, I would plan on calling an abortion clinic in one of these states to set up an appointment. Then is it as simple as going to the appointment? Any advice is greatly appreciated.

    submitted by /u/throwaway5123487510
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    update and more advice needed (I have been a stay at home mom for the past ~12 years and my husband wants to kick me out)

    Posted: 11 Jul 2019 05:29 AM PDT

    https://www.reddit.com/r/legaladvice/comments/c8h4hn/i_have_been_a_stay_at_home_mom_for_the_past_12/

    So some lawyers got back to me and they have said that there should be some things I can do to be able to keep the house. I have an appointment for a consult on August 9th.

    I also managed to get a job; it's delivering newspapers so I do still need the car, and gas money. I will get paid for the first time on July 26th. It is usually done before my husband needs to leave for work but 1 day the truck was late with the papers so I ended up being late delivering them, and then he was 2 hours late for work because he refuses to take an uber.

    So he keeps threatening to not let me use the car since there is the potential to make him late which he says will make him lose his job (which is ridiculous because if it's that serious then why doesn't he just take an uber) and he "needs his job" and he refuses to listen to the fact that I need mine too. And because of the contract, if I leave this job within a year I will owe them money.

    Then last night he decided the credit card bill is too high - it is in his name but he allowed me to use it and I used it as a last resort for food and gas. He said that he saw that I only used it once in the last 6 months at the grocery store but that he didn't like that the bill was so high so he was taking it.

    With me needing gas until the 26th this leaves me pretty screwed. We won't have enough in the bank to buy food and gas. I know legally he is not supposed to remove my access to funds but he is doing it and I worry that he will remove my access to more. I'm also worried he will carry through on his threat to not let me use the car. I know that legally he is not supposed to do these things but what can I do when he's doing them illegally? What can I do until my consultation? Should I email the lawyer's secretary all this (I have been communication with them via email so the kids/husband can't overhear)?

    Edit: Location = Lake County Indiana

    submitted by /u/throwaway-23521335
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    Brother being accused of getting neighbor's 17 year old daughter pregnant on the same day.

    Posted: 11 Jul 2019 10:54 AM PDT

    So this morning at 3:00am the neighbor's daughter came to our back door and my brother being the 20 year old idiot that he is let her in and then kept telling her, her mom isn't going to be happy. Well they were looking for her and the mother found her in our house since she answered our door and took the daughter and beat her with her fist. move forward to like 10 am she says her daughter is pregnant because of a pregnancy test. Now my brother didn't do anything and that's a fact. But if he did I don't think pregnancy test work for within 7 hours of the intercourse. But she said we have 3 options. Take her daughter, Pay 100 dollars [Which is a lot for us and could hurt us] or My brother goes to jail. My mom has stage 4 lung/colon cancer and shouldn't have to deal with this. But on the off chance they do try to put my brother behind bars what do I do? I live in Phoenix, Arizona UPDATE seems my suspicious were right they did have sex. NOW I have to take out 100 dollars of my money so she doesn't call the cops for statutory rape. Mind you I'm poor we're poor. We only make 700 a month and most of it goes into rent our washer car and food. I can't afford a lawyer.

    submitted by /u/IsaacsNightmare
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    what to do about a possible squatter

    Posted: 11 Jul 2019 08:08 AM PDT

    Heres what happened,

    I live in a house in college and a week before leaving for summer break, some kids broke one of our windows. This wasn't a huge worry as it was warm out, we weren't living there over the summer, and were cleaning paying tenents who ASSUMED our landlord would fix the window as we were told he would. As you can probably guess the window was not fixed, and last week we found out there is someone living in our house, who managed to get us moved off our gas and electric and has been living in our house. If we lose anything, are robbed, or damage is done are we entitled to compensation and how should we go about this?

    This takes place in Abany, New York and we dont know how long they have been there maybe three weeks at most

    Sorry its long, thank you

    submitted by /u/klineleon
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    [NY] Former roommate waited two years to "serve" me at an address I never lived at.

    Posted: 11 Jul 2019 08:38 AM PDT

    I lived with three roommates in 2012 in New York City. Two of the roommates were messy never paid rent or anything but they were all friends. I moved out two weeks early but I guess the other roommates had caused damage over the course of the lease (I was subletting. Never signed any agreement or anything but I paid rent every month.) I got angry messages after I moved back to Ohio demanding 2k from me for damage that HIS friends did (I think they were trying to shake me down because none of us ever got along and we all got into an argument a week before I moved out because they would eat literally all my food.) I blocked him and never heard from him again. Last spring I applied for credit for a car and I guess that updated my (then Ohio) address and I got a letter from some type of collection agent saying I had a default judgement passed against me in civil court for 5000 in 2014.

    I called the clerk of courts in new york and I asked where the hell they could've served me at because I haven't lived in New York in years. The old roommate chose to falsely serve me to a random address in Queens (I have NEVER lived in Queens and its not any of my official addresses on my credit report.) Now because none of this is linked to my SSN or anything, merely name...Its not on my credit report thankfully. These are my questions:

    1. I live in California now. Do I have to travel back to New York to fight this? I haven't been back since 2012.
    2. Would there be any punishment for him using unethical methods to serve me?
    submitted by /u/stormbreaker162545
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    Got Robbed at 16, What Should My Next Move Be?

    Posted: 11 Jul 2019 06:20 AM PDT

    Hi, I'm 16 and have been working in medical IT 5 days a week for the entirety of the summer. I was working so I could build my 240SX exactly how I want it. Well I finally found some OEM fenders on Facebook marketplace and ran by an ATM one one of the nicest areas in Atlanta to get some cash to pay the guy I was buying from. I went to Wells Fargo and got $200 cash out of the machine and went and sat back down in my car to put it in my wallet. As I do this, a guy comes up to my car and leans in way too close for comfort. He grabs the money I had in my lap as well as my debit card and says "You're gonna give me this shit right now or its not gonna be pretty." I comply, not wanting to get hurt or anything. He appeared to have a gun with how he had his hands in his pants. As he walked off he said "I better not catch you around here again or I'll fuck you up." This had me scared as hell and I instantly left as fast as I could and called 911, gave a description, gave the partial tag number I was able to see. The officers and chief of police came and helped me out with the claim and investigation. This occured 3 days ago, and I just got a call yesterday saying they were finally able to get the bank's security footage as well as the video from the shopping center next door. They said they should be able to get an ID on the guy based in the video they had, which was a relief to me, but now I have some questions about what happens next. It happened on bank property, it was $200 cash, and I don't know what to do next. Will the bank give me my money? Do I need an attorney? (Was told an attorney was the only way if be able to see the security video) If anyone has any advice on what happens with my money, the case, the bank, or the way it went down, I'd really appreciate. Thanks all.

    submitted by /u/rogue__pilot
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    Sister purchased a home that was on foreclosure, the tenants are still living there and refuse to leave. What does she do?

    Posted: 11 Jul 2019 09:24 AM PDT

    Any help or guidance is appreciated. She purchased the property 3 weeks ago. She went by today and had an argument with the people living there who refused to leave and demanded they leave her property

    Area is Pennsylvania

    submitted by /u/PokerJawn
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    [WA] I’m an idiot seller and now buyer is harassing me.

    Posted: 11 Jul 2019 08:23 AM PDT

    I'll try to keep this as detailed as possible while trying to also keep it short. I'm an idiot. I sold a brand new ceiling fan on Facebook Marketplace on Sunday and allowed them to pick it up from my home. I exchanged messages with the lady on Facebook messenger, agreed to a price, gave her my address. She sent her son to pick it up, I have it on my doorbell camera that he inspected the fan, as it was opened to confirm no glass pieces were damaged. Everything was satisfactory, he carried it to his car and then came back and paid cash. 3 days later she messages me on Facebook and say the fan doesn't work and she wants a refund. Clearly knowing it was brand new I was not about to take it back or agree to a refund. I said no and then blocked her. Now I've been out of town visiting family, however after checking my security camera today I see that this crazy lady showed up to my house at almost 11pm Tuesday night with the clearly opened and used fan, leaves it at my doorstep, rings the doorbell 5 different times and the whole time my doorbell camera is recording. You can hear her oversay "fine I'll come back tomorrow night and do this again because I'm not chicken shit like some people", she takes a photo showing she left the box at my door and then finally leaves. So now I'm paranoid about coming home and having this lady harass me. From what I can see on camera the box is still there. We've had package theft so I don't know if it will still be there when I get home this weekend. What do I do? Do I report her to the police if she keeps showing up? She left the fan at my doorstep, what should be done with it if it's still there when I get home? Is she entitled to a refund? I genuinely was not trying to scam anyone, if the fan was truly defective I would never have known as the box was only opened to check the glass casing. This is in Washington, Snohomish county.

    submitted by /u/ThrowawayinWA3
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    (USA - MA) I was illegally admitted to a mental hospital

    Posted: 10 Jul 2019 11:42 PM PDT

    I was admitted to a locked psychiatric hospital under M.G.L. Chapter 123, Section 12(b). The admitting clerk told me I must sign-in on a voluntary status or I will not be seen by a doctor. I said, "That's fine, just release me. I'm not here on my own initiative." She then escorted me onto the unit. I was never evaluated by the "designated physician", rather, a nurse practitioner signed the admission order. I filed a request for emergency hearing in the District Court 3 days later over the abuse and misuse of the s. 12(b) procedure. The hospital's medical director and attorney admitted to my public defender that my admission was a improper. Public defender said he will try to arrange an emergency hearing but the hospital will probably call 9-1-1 and rush me somewhere else.

    The nurse practitioner approached me and said she would 'administratively discharge' me (without letting me walk out of the locked hospital) and have me transported by ambulance against my will to a another hospital under a new Section 12 application UNLESS I sign an application for care and treatment on a conditional voluntary basis. I signed the application and immediately requested discharge (three-day notice). The hospital's designated physician accepted the application without evaluating me or assessing my capacity, as required by M.G.L. Chapter 123, Section 11.

    Can I sue for false imprisonment?

    submitted by /u/throwaway07112019
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    [US-IL] Sideswiped by a rental car while I was driving a rental car, now my insurance company says they're giving up on trying to recover my $1000 deductible. Can I sue the other rental company without knowing the name of the other driver?

    Posted: 11 Jul 2019 06:57 AM PDT

    Please note that there's a quick TL;DR at the bottom if you don't want all the details :-)

    Back in January of this year I took a family trip out to Chicago, IL to visit some relatives and do some sight-seeing. While in Chicago I rented a large minivan and opted against the added insurance options the rental agency pushed at me, since my normal car insurance covers rental cars too.

    During our Chicago trip I was driving downtown to do some sightseeing with the family and while on the freeway, a black SUV came roaring up on my left and cut into my lane, crunching against our van hard enough to do serious damage to the front-left corner of 'our' rental van. The vehicle that hit us was driving extremely erratically, swerving from lane to lane and driving significantly faster than anyone else nearby. Upon realizing that A) we'd been hit and B) the other car wasn't even thinking of stopping, I gave pursuit while my wife called 911. I was able to keep up for a few minutes, but the other car was driving so dangerously (including racing past other cars on both shoulders of the road), I had to fall back. That's when I saw two (possibly more) police cars which appeared to be chasing the car which hit us - presumably this explains why the other driver was being so aggressive: they were trying to get away from the police.

    I took the next available exit, and the rest of our day was spent talking with my insurance company, the car-rental agency, and miserably trekking from one police station to another until we were finally able to locate a State Trooper who could take our statement. The trooper was able to confirm that the car which hit us was also a rental car, though he couldn't provide any further info about the driver.

    I eventually ended up paying the $1,000 deductible on my insurance plan to cover the repairs to the rental van, but at every step, my insurance company assured me that they would "do everything they could" to recover my deductible fees and return them to me, since it was clearly a "not at fault" accident from my side. I also spoke with an internal investigator at the rental agency which owned the car that struck us - he confirmed that the person who'd been driving was also the registered renter of the vehicle (though I still don't have a name), and that he was "acting real fishy" and avoiding all attempts to get his statement.

    Now I've gotten a form letter from my insurance, in which they say, "After reviewing the facts surrounding the above-referenced claim, we have concluded that a possibility of recovery by <Insurance Company> does not exist. Therefore, we regret to inform you that we must close our file and not further pursue the matter." The letter goes on to say that I have the choice to continue to pursue the recovery of my deductible myself, though on my own time and on my own dime.

    I find it morally unacceptable that some jerk can crash into me and I get stuck footing the $1000 bill for it. What would be a good next step here? Can I file a small-claims suit against the other rental agency, or should I be more focused on trying to find the name of the actual person who was the registered renter of the car that hit me?

    TL;DR: Got sideswiped while driving a rental car by someone else in a rental car. Paid the $1,000 deductible to my insurance, but now they're giving up on recovering my out-of-pocket expense. What do I do now if I want to pursue this on my own? Can I sue the other rental agency, or should I focus on trying to find the name of the person who'd rented the car that hit me?

    submitted by /u/wowbobwow
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    Local lawn company threatening to place a lien on my house if I don't pay him for services I never requested [MI]

    Posted: 11 Jul 2019 10:30 AM PDT

    In short, I used a local lawn company last summer for weekly maintenance (mowing). This year, he restarted services without my knowledge or consent. The owner is now requesting payment or else he will 'slap a lien' on the house.

    Because I do not live at the house, I had no way to see the company was visiting and mowing the lawn until I got the first invoice (May). I called to cancel services and an employee assured me he'd handle it. However, in June, I was surprised by another invoice so I'm guessing the employee I talked to forgot to handle it. I did not pay either invoice.

    I got in touch with the owner in June who said he just assumed to continue services this year because he did not hear from me about not continuing services. Even though I informed him that I did call in May to cancel, he is claiming he heard nothing about me wanting to cancel until June (again, I'm assuming the employee I talked to just... forgot ). He is requesting some payment/compensation for services rendered (~200) and threatened to 'slap a lien' on the house if I do not pay.

    In my opinion, the fault is on him for authorizing services without my knowledge and on the employee who assured me he'd handle it. The assumption to continue services without notifying me seems very unprofessional.

    Is this threat viable? (or is just trying to scare me into paying him?)

    Is he entitled to any payment/compensation?

    Could he take this to small claims court?

    I would sincerely appreciate any advice on handling this - thanks

    submitted by /u/they-call-me-socks
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    My case was "removed to federal court"

    Posted: 11 Jul 2019 08:14 AM PDT

    I filed a small claims court case against the company garnishing my wages for federal student loans. They have broken several laws in the Fair Debt Collection Practices Act. My case was "removed to federal court" Does that mean I have to file the case in federal court? or do I just wait and find out when the date in federal court is? Edit - Location Tulsa Oklahoma

    submitted by /u/stevejohnson007
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    My dog bit someone trespassing and he is now trying to sue us

    Posted: 10 Jul 2019 04:34 PM PDT

    I have a pitbull. She is trained. Has completed multiple obedience classes and socialization classes. Cool dog, love of my life. I also have an American Bulldog. He has completed the same classes as my other dog.

    Our house is set on a decent plot of land, about 4 acres. This is in Tennessee.

    A few nights back my family, my bf, his family, and I were on the back patio. We had a large fire and we were drinking and talking, enjoying the night. American Bulldog is playing with the pitbull. All is well. Boyfriend's dad suddenly points out he can see someone, all the way down the hill, poking around our cars. The closest public area to our house is the sidewalk, which is a good 500 feet of gravel driveway away from where we park. The man appears to be shining a flashlight in the cars and around them, scoping them out I guess. He pulled at the door handles once or twice and even walked over to our shed to poke around in our stuff. Everyone gets up and walks over a bit to get a better view. Dogs start paying attention. My boyfriend yells for him to get off our property or we're sending the dogs. I grab both my dogs collars, who's hackles are raising and they start growling. He doesn't hear, or simply ignores us, because he keeps poking around. My dad tells me to let the hounds loose. I do. They run down to meet him, snarling and throwing a fit. The dude starts to turn and thats when my pitbull grabs his leg and starts shaking. American bulldog is running around them barking. We go down there, call the police, get him in ambulance and they leave. The dude tried to tell us he was just looking for his cat. He was also armed with a firearm. We told the police we warned him about the dogs and neither of them are aggressive unless it's territory related. (People trespassing)

    The man has gotten in contact and we are informed he is trying to sue us for the amount of his hospital bills + emotional trauma. He is also trying to file a bite claim to get my dog taken by authorities and to be ethunized.

    Can he do this in the state of Tennesee?

    Edit: Had I not grabbed their collars, they would have run down there right away, before we could warn him. We have had people try to steal our lumber, tools, and even our goats. The dogs main reason for being on the property is not to gaurd it, they're our family pets, but they certainly take care of anyone who is not supposed to be there. They are naturally protective of our land. We also have a No Trespassing sign on the tree right next to the side walk.

    submitted by /u/_Constantly-Confused
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    My aunt was accused of attempting to hit a child on an atv by the child's parent after she told the parents that their children should be safe as it was 11pm. What can we do?

    Posted: 11 Jul 2019 01:08 PM PDT

    As the title says aunt was accused of something she didn't do.

    So here's the background: the neighbors have two kids that are constantly riding around on their atv's and will flick-off and curse as us whenever they pass, which has gotten onto us but we haven't taken action (their parents are equally unruly). A few nights ago the atv kids rode around with four of their friends at close to 11PM. Mind you that this all takes place in the Tennessee country-side where it isn't uncommon to drive 10 mph above the speed limit and the roads are extremely bendy and there are no street lights around where they live. You could say it's fairly dangerous to just be out on the street. My aunt went to the neighbors to warn them to make sure their kids will be safe. The parents took that as a threat (which we don't really believe) cursed her out over it. The next day the neighbors then called the county police on my aunt saying that she was threatening to hit their kids. The police sided with the neighbors and took my aunt to jail where she was then bailed out by her parents for $200 and was also charged a felony. Is there any legal action we can take moving forward?

    submitted by /u/LegalThrowaway921
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    My shared fenced is falling down and neighbor won’t share cost of repair

    Posted: 11 Jul 2019 07:48 AM PDT

    I own my home, the neighbor is a multi unit owned by a landlord and is rented out. I got landlords phone number, had him meet me at the property, he saw the collapsed wall (from my side of fence, he seemed scared to be seen by his tenants!?!). He said he knows some people to fix it, I said I do too. I got a quote, he said it's too high, I pretended to negotiate the amount down (actually I just decided to pay more than half) he still refused this lowered amount. He said he can get someone cheaper. That was two years ago, this guy seems like a dead beat landlord. He told me he doesn't own the building his sons do, but they are far away. Then he showed me a (surgery?) scar on his chest and said he's a sick old man and his life is hard. What to do?

    submitted by /u/Hectorbravo123
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    [CA] Co-Tenant (roommate) is having psychotic episodes, how can I break lease or get rid of him?

    Posted: 11 Jul 2019 09:26 AM PDT

    I made the mistake of signing a very expensive lease with a roommate who neglected to disclose (he seemed a little weird but went to good school and has decent job so I missed warning signs) he is bi-polar and prone to psychotic episodes. During the episodes he has broken glasses, left sharp objects in front of my door, and wandered around the apartment for days on end muttering gibberish.

    He has also been harassing my guests and business partners even when not having episodes.

    But my primary concern is for my safety and the safety of my dog.

    Can I either force him to leave (unlikely) or get out of the lease without being responsible for the remainder of the months left on lease?

    Edit: Forgot to mention that his episodes can be so bad that on one recent occasion his family called an ambulance (not at my request, they came and watched him for a day) and he was out under a 72 psych hold. Apparently this has happened numerous times before.

    submitted by /u/erica_jj
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    My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California.

    Posted: 11 Jul 2019 01:31 PM PDT

    We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they're in town. My social worker believes they'll follow the rule that her dad can't stay over night.
    I'm afraid his parents will allow him to stay.
    His parents have enabled him his whole life. I believe they're part of the problem.
    I've tried having an open conversation with the grandparents about everything that has happened and they've refused to talk to me about any of it. I don't trust these people. Am I obligated to let them have an over night?
    I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?

    submitted by /u/madhammachck
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    My neighbors dog just jumped their back fence and attacked me

    Posted: 11 Jul 2019 12:15 PM PDT

    I live in Florida.

    I was walking my dog when their Rottweiler jumped the fence and tried to attack my Brussels. I grabbed up my dog in time but theirs bit my elbow. The cops are on their way and the owners arnt home (tried knocking on their door before I called the cops.)

    Their fence is in a state of decay and obviously not secure enough to keep the dog in. As a college graduate with student loans.... do I have any chance of suing them? Thanks in advance.

    submitted by /u/longfacepug
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