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    Monday, November 4, 2019

    Legal Advice Two large pitbulls got loose from their owner’s grip and attacked my dog unprovoked. This is the second time it has happened with those same dogs. She is refusing to pay vet bills this time because “I shouldn’t have been walking my dog around her apartment.” Houston, TX

    Legal Advice Two large pitbulls got loose from their owner’s grip and attacked my dog unprovoked. This is the second time it has happened with those same dogs. She is refusing to pay vet bills this time because “I shouldn’t have been walking my dog around her apartment.” Houston, TX


    Two large pitbulls got loose from their owner’s grip and attacked my dog unprovoked. This is the second time it has happened with those same dogs. She is refusing to pay vet bills this time because “I shouldn’t have been walking my dog around her apartment.” Houston, TX

    Posted: 04 Nov 2019 06:29 AM PST

    The first time I let it go because she paid the vet bills and my dog got the care she needed. She is a medium sized, 35lb dog.
    This time, I turned a corner with my dog and her dogs saw mine, overpowered her (walking both at once. About 60-80lb pitbulls) and even though I picked my dog up, they bit her leg and dragged her down before going for her neck. I screamed for help and eventually people came out to help.

    One bystander said I "should avoid that area because I know her dogs live there." And I guess they convinced that owner that it was MY fault that her dogs attacked my dog.

    My dog has a reputation around the complex for barking and trying to intimidate people, but I keep her in check and hold a short leash because of that. My dog has never attacked anyone or anything and has never gotten out of my control because I know how to handle her. This lady said that "my dog is known to provoke reactions" and is using that to justify why her dogs attacked mine.

    I've already called animal control and I am about to file a complaint to the property manager. What else should I do?

    Edit: I also have puncture wounds on my hand from her dog when I was trying to get its jaws off my dog.

    submitted by /u/BongoCatFFXIV
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    Update Bank gave away my entire banking account

    Posted: 03 Nov 2019 08:16 PM PST

    My original post was back in February about my bank giving away my account to someone with the same name as me. [Link text] https://www.reddit.com/r/legaladvice/comments/atb2ce/bank_gave_away_my_entire_banking_account/

    So I posted back in February about the incompetent bank giving away my account. Not much to report on the legal front, but I did report them to several governing bodies as suggested by helpful posters. The bank did reimburse my entire account and bounced check fees as well as opening a new account number with my money while admitting "some fault". So I got my money back and have not moved my account as some posters suggested as it is a beneficiary account my grandfather set up 20 + years ago before he passed that accumulates 5% interest. So basically, if I remove it I will never get this type of interest again because these types of accounts don't exist anymore.

    My update mostly concerns abut my personal situation, which recently become a problem. My husband and I are trying refinance our house, and on the equifax report... surprise surprise... THE OTHER WOMAN'S CAR LOAN IS UNDER ME. STILL. 8 months later. Also, her current address. Which means they did not fix any of this. I had tried to contact the other woman (non-confrontational) about this situation back in March letting her know her info was breached and she immediately blocked me. No lawyers I had contacted were interested in taking my cases since they gave my money back so I kind of dropped it. But now I've filed fraud under my credit report, and now have to fix my credit with her under it.

    I'm not sure what my next steps are, but I re-filed some complaints under FDIC and am trying to figure out what else I can do, since clearly this bank isn't interested in actually fixing this situation. Luckily, she pays her car payments on time so I don't have any dings on my credit, but I also have a car on my credit report that isn't mine. So that's fun. I will post another update as I have it! I'm in Colorado.

    submitted by /u/Ksilverstar25
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    15 Year old daughter is bulimic/ anorexic. Therapy has found the cause, wondering what I can do

    Posted: 04 Nov 2019 06:01 AM PST

    In the state of Texas. My daughter has entered into treatment for the above eating disorder. Through her many sessions with the licensed therapist staffed at the treatment facility, they have discovered her earliest memory of what would become body dis morphia.

    When she was around 8 years old, her mother and I put her and her brother into a different daycare. We have since come to learn that the caregiver at this facility often commented about my daughter's weight often even restricting her food and denying her snacks. She even went as far as to encourage the other children in attendance to join in teasing and mocking her.

    The comments ranged from "I'm giving you less food because you're so much fatter than the others" to "You're too fat to get a snack right now, so you just sit here while the others have their snacks" .

    I have since learned that this same caregiver still works at the daycare. While I'd like to sue them for punitive damages (therapy isn't cheap for sure) I would mainly like for this woman to not be able to harm children in this way ever again.

    Edit: To be clear, I'm not trying to single scape-goat this as the only trigger that has manifested in her ED. As stated, I'm identifying it (as she has) as the earliest memory.

    I'm kind of assuming that since it's all hearsay evidence, there's probably very little I can do, but figured I could throw it out here to see if anyone knows anything.

    submitted by /u/Asshumpabutthumpa
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    Hospital quoted $2k for treatment, billed $16k

    Posted: 04 Nov 2019 05:42 AM PST

    I needed treatment that could only be done at a local hospital. It is a series of vaccinations following exposure to a disease. I asked about the coat of the treatment before signing ANYTHING or even sitting in a chair. I was quoted $1.9k for treatment, they billed me $16k.

    Nothing about my treatment was outside routine procedure. I have tried reaching out multiple times over the span of 2 months and have gotten nowhere.

    What can I legally do about this? I can't and won't pay $16k when the price for treatment I was given was nowhere near that.

    submitted by /u/PepperoniPants
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    My soon to be exwife is spending all of the money I'm earning while deployed overseas

    Posted: 04 Nov 2019 07:24 AM PST

    Me and my wife are currently going through a divorce for reasons that came up after I left for deployment. We haven't done any paperwork yet because of the fact that I'm over seas. She has been spending every dime of every paycheck I get as soon as I earn it. Is there anything I can legally do to protect my money and if not at least start the divorce process while deployed.

    submitted by /u/chargers70live
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    “Owners Closet” in my rental house

    Posted: 04 Nov 2019 08:21 AM PST

    Hello all!

    I live in Florida, and recently rented a house. I admittedly had to do it pretty quickly due to my other house's plumbing flooding my entire bottom floor.

    It's a nice house and my landlord is nice enough, she only mentioned in passing that she had a locked closet she stored her stuff in, which I said was cool np.

    I toured the house everything is nice, I looked for the locked closet but I couldn't find it and neither could my agent.

    Well come move in day I notice that end of the hall upstairs there's a door with a deadbolt in place of a doorknob. Well we look at the floor plans and it turns out that this "closet" is actually the master bedroom with the master bath.

    I'm pretty peeved, I know it's my fault for not noticing ahead of time. But I was spread pretty thin cleaning out my other house, working and finding another house, my agent assured me that this house was perfect, and I sillily took her word for it.

    Do I have any legal recourse to ask for this room? Or should I just accept my dumb loss?

    Thanks for all the advice!

    EDIT thank you for all the advice! Bit of an update, I tried to get WiFi in the house and discovered my landlord already had an active account she refused to close for us to open one. (Spectrum won't let us have two open accounts on the same house)

    We then discovered that she was using the WiFi for cameras and stuff to record in the locked bedroom for whatever reason and did not tell us! She then told us the cameras were video and sound and didn't want to tell us in fear of scaring us off? She alluded to there being more cameras for our safety but won't respond as to specifically where. I'm still not sure why she needed a full master bedroom locked off, but lesson FULLY LEARNED thank you all! I will try to keep responding, but I am in the process of moving again as I won't stay in a house where I am being unknowingly recorded.

    submitted by /u/sadsack1000
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    My neighborhood might become an age-restricted community? [AZ]

    Posted: 04 Nov 2019 10:09 AM PST

    My husband and I are both 24, and we moved into our current house about a year ago. We are homeowners with a mortgage, not renting, and live in Arizona.

    The wide majority of our neighborhood is retired, and in the year we've lived here, I've only met one other "younger" homeowner, who is in his 30's and has three young daughters under the age of 10. Our neighborhood is surrounded by age-restricted communities where the residents must be 55+, and until our real estate agent showed us this house, we were under the impression this was an age-restricted neighborhood as well. Obviously, since we were able to buy the house, it's not.

    There's been a lot of talk going around recently about petitioning the HOA to impose an age restriction on our neighborhood. According to the lady who started the idea, all it would take is a simple majority vote at an HOA meeting. This doesn't sound quite right to me, but I don't actually know who is responsible for community age restrictions or how they are imposed, so I suppose she could be right. The thing is, she's also insisting that imposing this age restriction would require all homeowners below the minimum age to move out, and that absolutely does not sound right to me. There's an HOA meeting today where I assume she's going to bring up the idea, but since all our HOA meetings are held on weekdays while I'm at work, I'm never able to attend (and likewise, I assume most other working-age homeowners would not be able to either).

    So, I suppose these are my questions: - Does a HOA in AZ have the authority to impose an age restriction on an existing neighborhood that already has younger residents? - How would an age restriction affect my husband and I, who would no doubt be under the minimum age? I don't think we could be forced to move out, but could the HOA legally do anything to encourage us to, such as imposing fines for being under the age limit? Or would it just prevent younger people from moving in?

    Thanks.

    submitted by /u/not_55_plus
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    Is a 40% month to month surprise lease fee legal? South Carolina.

    Posted: 04 Nov 2019 04:00 AM PST

    At the end of October I had a twelve month lease expire. I am moving out in 60 days and I was assured by my property manager that nothing would change while we were finding a new place to move to. When I went to pay my rent they have added a $400 "month to month fee". Normally my rent is only 919. Is there anything I can do about this?

    My lease says that if I did not give notice to vacate I would immediately become a month to month tenant. There is no mention of any additional fees and when I spoke to my property manager about my intentions to go month to month for a while he said that it wouldn't be a problem and there should be no changes.

    submitted by /u/ccoopersc
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    [PA] How to present iMessages in small claims court

    Posted: 04 Nov 2019 06:14 AM PST

    I hired a handyman to do some work on my home. When he was finished, he had some leftover materials, so he offered to continue to do this work on another area of my house using the leftover materials for $2k. This never happened.

    It's been 6 months and he has stopped responding to my calls and texts. Before I would get excuses like family drama or an injury, but I started seeing him solicit work on Nextdoor.

    Our conversation about the leftover materials and additional work for $2k happened over iMessage. How would I present these messages in small claims court? I can't get them from my carrier. Should I take some screenshots and print those? I understand I would need three copies: one for the judge, one for the handyman and one for myself.

    submitted by /u/PureCanyons
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    [MS] Someone used GooglePay to transfer $2300 to a gmail user. Neither Google nor my bank will agree that this is fraudulent.

    Posted: 04 Nov 2019 07:40 AM PST

    I woke up Wednesday to see that four transaction ($590, $580, $570, $560) appeared on my bank statement as pending charges via Google. GooglePay shows these transactions as a money transfer to a gmail address I've never heard of. I had no security alerts that my account had been accessed, no other devices were showing up, and my MFA did not kick-in at any point.

    I went to the bank to see about getting the charges cancelled. They claimed since it was Google, then Google would need to cancel the charges or refund the money.

    I spent all weekend on the phone with Google and submitting forms and disputes, but the ultimate decision is that Google considers these as legitimate transactions and will not be offering a refund. They also claimed that due to fraudulent activity, they are suspending my account.

    I went to my bank this morning, and they are claiming that since these are legitimate transactions, they will not charge back or refund the money.

    Each institution is passing the buck to the other, and I have $40 left in my checking account. I have a house payment coming out today. I don't know what to do.

    What are my options?

    Update: I went to file a police report with the city police department, but after filling out the statement with a detective, they informed me that since I live in the county, I'll have to go to the sheriff's department to file a report. I've already used up my lunch hour for the day so I'll have to go tomorrow.

    I called in a favor and got the contact for the bank president. He put me in contact with the CR head and she's seeing what she can do, but makes no promises.

    The bank called while I was in the police department to verify that their fraud division would not be refunding my money since my claim that it was fraudulent was hearsay.

    submitted by /u/itsannarose
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    eBay buyer trying to scam me, $4000 item! Anything I can do?

    Posted: 04 Nov 2019 09:27 AM PST

    Hello!

    I recently sold a really expensive bag on eBay, the total transaction amount was $4000 (well winning bid was $4050 total) yes the bag was authentic, I purchased it myself and listed the receipt, serial number and a third party verification certificate on the auction.

    The buyer paid right away and I shipped the item out the following morning, with signature confirmation and insurance. The label was printed directly from PayPal. The buyer received their item but the same day the package was marked as delivered they opened an INR dispute with PayPal, I called PayPal and sent them the pdf of USPS proof of delivery which shows it was delivered to the correct address and signed for by the buyer. PayPal closed the case in my favor and I thought that was the end of it,

    This morning I woke up to a chargeback from the buyer and my account is in the negative again! Is there anything I can do legally? The buyer and I are in the same state, actually they're a about two hour drive away from me. I'm in LA and they live near San Diego

    submitted by /u/Dbzxgirlxm
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    Buying a house and the bank disclosed the appraisal value to the sellers without our consent. North Carolina.

    Posted: 04 Nov 2019 08:33 AM PST

    We're in the process of buying a house and paid our bank for an appraisal. The loan processor sent a group email to us, our agent, the lawyers, and the listing agent with the appraisal amount. We're still under due diligence and negotiating for repair costs. The sellers now know that the house appraised for $40k higher than the offer price.

    Is the bank liable here?

    submitted by /u/onecleansock
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    Apartment is rejecting applicants with perfect credit for a roommate takeover so they can get my lease break fee.

    Posted: 04 Nov 2019 08:57 AM PST

    Hello and thank you in advance for helping.

    I need to move out of my apt early because I'm working freelance out of state. My apartment complex in GA told me I was allowed to find a replacement and add them as a roommate then I could be released from the lease entirely. I had to call corporate to get that info.

    Now that I'm dealing with the building directly they are trying to be difficult. Because if I don't find a replacement, I would be forced to pay the $2500 lease break fee on top of two months rent (2500+1280*2=$5,060!). So instead of being helpful and not harming either party, the building is rejecting every roommate applicant I send their way. On top of that they are avoiding all calls and emails, having applicants accidentally fill out the wrong application, not working on apps over the weekend when their office is open 7 days a week, and constantly reminding me, whenever I get the chance to speak with them, that I could just easily pay the buyout fee of $5,060 even though I have 9 people wanting to apply. It's obvious what their goal is.

    Is this interference allowed? The most recent applicant they rejected showed me his credit score on Credit Karma and its a 740! He said he's never had collections after him and has no criminal background. He wouldn't have wasted the $85 app fee if he thought his credit or BG were shaky at all. I've tried calling corporate about this and "they assure me they'll look into it" but since it's gotten worse I've tried calling again. Corporate has a policy of responding to phone calls in 24-48 hours and they are taking until hour 47 to get back. It's obvious they are trying to stall to get me to pay the lease break fee.

    I don't know what to do. They are dissuading the applicants I find by taking so long and being rude over the phone.

    Any thoughts are very appreciated.

    Thank you

    submitted by /u/tunaman123
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    (WI) High school girl flashing my security camera

    Posted: 04 Nov 2019 09:26 AM PST

    I have a few security cameras set up around my house. I live about a half mile from a high school. Long story short, I recently found footage on my security camera of a girl who looks to be a high schooler who stops, looks at my camera, and quickly flashes her breasts.

    This may sound bad, but I quickly went through my files (they are separated into 15 minute chunks) and deleted 3 separate videos she's done it in over 2 weeks. I don't always see her walk by, and the times are within an hour long window. For example, one was roughly 3:10, one was 3:35, and one was 3:50.

    I'm worried she might do this, and I miss it, and end up having child porn on my computer without knowing it.

    Besides getting rid of my cameras, what are my options here?

    submitted by /u/CrochetyOldGuy
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    Downstairs neighbor making it hard to live (Sacramento County, CA)

    Posted: 04 Nov 2019 04:54 AM PST

    So I moved in to a nice-ish apartment complex recently and found out the neighbor beneath me is a nightmare. He constantly gets in yelling matches with friends or girlfriends (including throwing and breaking things), smokes an unbelievable amount of weed with the back door open making the entire area outside and in my apartment reek, and has a disgusting apartment which is infested with bugs and they like to migrate to upstairs sometimes.

    I have informed the leasing office about it but the neighbor is smart and only smokes/yells after they're closed so anytime I would be able to speak to them all they can do is act based on what they see at the time (which I'm not blaming them for necessarily) and the after hours people are just emergency maintenance and can't really do much besides leave a note for the landlords.

    There is security that patrols around but it's the equivalent of a mall cop in a golf cart, no power or will to do much and the complex is designed in such a way where I'm sure they don't even know most of the area too well as I've never actually seen them walk through the walkways near my place. Actual police have been called in the past to that apartment, usually for the yelling at late hours, but have never caught him "in the act" so they haven't done much either.

    Also, bugs come in from under the carpet or through the wall and they're large, gross, and unsightly things that I see frequently. Sometimes I find some dead in a cabinet or they'll be crawling on my wall and they can be sighted up to 2-3 a day. I can confirm they come from there as his small yard has been crawling with them (I can see from my balcony above) and if I walk by the short fence and glance over I can see a very grotesque apartment which presumably would attract bugs regularly.

    My question is, what can I do? Police have been called, security doesn't care, and the leasing office is either closed or can't act on unsubstantiated past information. Other tenants around me have said this person just recently became a problem a month or two before I moved in and they're just as bothered as me. Short of moving out, do I have any options?

    TL;DR neighbor is loud, smelly, and makes my place gross and everyone who usually would help with this can't/won't. What to do?

    submitted by /u/SovietWinnebago
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    In my dorm bathroom someone took a crap on the floor, and my college is going to charge each person $250.

    Posted: 04 Nov 2019 09:52 AM PST

    Someone took a crap on the floor of my halls bathroom. We called campus police and they got a person to come and clean it up. There is a cleaning fee for things like these and it's normally about $500. However the college is trying to make us pay 250 dollars each. There are 38 kids in my hall. That's $9,500. To clean up one piece of Doo Doo. Is there any way we can challenge this?

    submitted by /u/AgentXgopher
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    Just received a letter from my doctor saying I can no longer see him

    Posted: 04 Nov 2019 09:12 AM PST

    I live in a small town in Texas that only has one hospital and one doctor. There are Nurse Practitioners and other nurses that I've seen while there but he is the only doctor.

    He had a malpractice lawsuit brought against him and I was on the jury. He was found guilty but he didn't loose his medical license. That was a few months ago and today I got a letter in the mail from the doctors office letting me know that the doctor will no longer be seeing me and I'm not allowed at the hospital. There was an exception for emergency care but otherwise I'm no longer allowed to go to the doctor.

    Is there anything I can do? Is this allowed? Thanks for your help.

    submitted by /u/DylKyll
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    Boss is forcing me to only buy from our own store.

    Posted: 04 Nov 2019 12:11 PM PST

    Help! I work at a car dealership in Canada and my boss is telling me I can only buy a vehicle from our own dealership. I either do not like or am priced out of all our models. Is this something he can actually do.

    submitted by /u/HerenJames
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    Can I proactively prevent a guest from becoming an unwanted tenant? (NY)

    Posted: 04 Nov 2019 08:53 AM PST

    Hey all, I'm trying to nip a potential situation in the bud. We are in Upstate NY.

    My boyfriend (the other legal tenant in our apartment) has a friend who chooses to be homeless as a political statement and abandons this lifestyle in the colder months. My boyfriend tells me this friend finds places to sublet during the winter but has asked me if this friend could stay with us while he finds a place if the temperature drops before he has somewhere to go.

    The friend has not moved in, and hasn't asked to stay yet, but recent events make me nervous and I have a feeling that if he stays he will be a mooch and actually try to move in. Given his knowledge and disdain for the "landlord institution" I think he'd know the loopholes that could allow him to become a tenant when I don't want him there.

    In this situation I think the only way to get around this easily is to be proactive. The majority of online resources are for landlords writing a lease. So far my list of terms to prevent him from staying long term are as follows: •He will not pay rent/utilities •He may not receive mail at our address •He may not stay more than X days in an X time period.* •He must use our computer to surf Craigslist for apartments every day that he stays there. •We will not be giving him a key

    *I do not know how long this time period should be and our lease weirdly does not have a visitor clause. Ideally I'd like him there less than a week, but I'm more interested in preserving my legal rights than my personal comfort. I cannot support an adult on my wages/disability/other benefits. I'm also not sure if those benefits would be in jeopardy if a legal situation pops off and it comes out in court that a person is leeching off of me. He also has a job, so I'm not sure how any of that works.

    Are there things I should add or that I'm not taking into account? I'm so scared that I will be taken advantage of but my boyfriend does not share my concerns.

    submitted by /u/mistressnadine
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    Legal direction needed for extortion

    Posted: 04 Nov 2019 10:43 AM PST

    Can anyone recommend a type of attorney or where to turn - police, district attorney, press, for a possible extortion crime?

    A young Asian family I'm trying to help in Massachusetts had a tenant break the lease and want their money back. Owner said if it was rented quickly any remaining funds would be refunded.

    The tenant threatened in text messages that she was well connected in the town, had an important friend in the building department who would impose fines for violations, have the owners thrown out of their own house, would ruin the family's business, etc. if everything wasn't refunded.

    Owner restated her policy and sure enough she sent the building inspector and hundreds of dollars of fines were written up, notice put on house, etc. owners bought it as a legal 3 family. Now the bldg inspector says it's a 2-family.

    Tenant again threatened to escalate unless money was refunded. Owner, terrified and doesn't speak perfect English, refunded ALL of her money. Now tenant wants more money and building inspector pressing for money as well.

    The owners are the nicest, most honest people I have ever met. What can I do to help them?

    submitted by /u/zeetzeet
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    Someone said I owe him $30,000 after I paid my father's debt.

    Posted: 04 Nov 2019 01:40 AM PST

    My father together with Mr. John Doe (not his real name) owed a bank $300,000 (using Mr. John Doe's account). A debt collector (an independent, not a bank employee, and is Mr. John Doe's friend) told them that he had already paid $100,000 to the bank and later would also pay the rest of the debt to the bank and asked them to pay all the debt to him in 60 days. He (the debt collector) then would be the one who send the rest of the money to the bank.

    Mr. John Doe paid his part ($100,000) to the debt collector. My father is ill and broke due to his other debt. A lawyer told me that I didn't need to come to the debt collector, so I came to the bank with the lawyer and negotiated the amount of money I need to pay. The bank decreased the amount from $200,000 to around $110,000. I sold my own cars and used all of the money I had to pay the debt to the bank.

    Three days ago Mr. John Doe came to me and asked me to give him $30,000. He said it's unfair for him because I only needed to pay half of the money to the bank. He said I owed him $30,000, because the total amount of the debt was reduced to $210,000, so his part was also reduced from $100,000 to $70,000. He called me everyday. He said he might go to the police if I refused to pay him.

    Does it work like that? I'm the one who came to the bank and negotiated the amount of the debt. He said he also came to the bank (weeks after I came), but paid the full amount to the debt collector. Mr. John Doe asked the debt collector to give him back the money but failed, so he came to me. Yesterday I found out that the debt collector also asked the bank to reduced the debt and planned to paid my father's debt, so he could pocket some of the money when I paid the debt to him.

    What should I do? I don't have that kind of money anymore, and I don't want to sell my mother's house. The lawyer I hired to go to the bank is busy with big cases at the moment. Also, I might need to pay him again if I use his service again.

    submitted by /u/ImHurtButImSmiling
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    Did price overrides at my old work, just received warrant arrest

    Posted: 04 Nov 2019 01:37 PM PST

    Hello, I just received an arrest warrant dated 10/24/19 (today's date is 11/4/19).The 2 offenses listed are (M) PC503 and (M) PC182(a)(1). There are 3 options for the warrant, and I unfortunately received this one: Please appear in person at the Gilroy Police Department. You will need to be prepared to post bail. Bail must be paid in full. If you are unable to post bail, you will be transported to the Santa Clara County Jail in San Jose.

    How I got the warrant: I was a manager at a retail store and did price overrides for a coworker. We got caught, and LP had an interview with us, and said that we had to pay for the actual value of the items or they would press charges. They said they would send us a letter in the mail asking for the amount that we had to pay, but we never received anything in the mail, so we could not pay. Today, my mom got the warrant in the mail, and I was wondering how I could take care of this without posting bond? The asking amount is $5000 and it would be great if I didn't have to pay that amount. Could I talk to my old work and ask if they can drop charges? Or would the warrant still be valid?

    submitted by /u/xenun13
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    Land lord entered and searched my place without consent

    Posted: 04 Nov 2019 11:46 AM PST

    A lot of weird and sketchy things have happened at my apartment from drug use to theft and today while I was at work my girlfriend was at my place when my land lord forced her way in. She claimed it was to check on water pressure but actually looked around in each room for stolen items. I live in Alberta Canada and in my province it is a written law that a land lord must give a 24 hour written notice before entering a tenants unit without consent and I was given no notice. Thinking about going to the police station after work to make a report but I'm asking here if it's the best bet and if I can get any compensation in return for this.

    submitted by /u/throwawaym434
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    "How Screwed am I?" or "Middle Driver Liability Questions Related to a 3-person Motorcycle-Involved Collision" (CA)

    Posted: 04 Nov 2019 06:15 AM PST

    The Dispute:

    Last week while riding my motorcycle and 1-2 seconds after my initial acceleration from a stop in the left lane at a newly-turned green light, I was involved in a 3-person accident. Driver 1 was going the opposite direction and failed to yield while turning left, assuming a green arrow when there was none. So Driver 1 hit me and pushed me into the right lane, causing my bike to side swipe Driver 3 (as I consider myself Driver 2). I was thrown from my bike, rag-dolled a bit, and landed on my back but was able to stand up almost immediately (ATGATT people!!!). I rolled up my jeans to feel/examine the affected leg and nothing seemed life-/quality-of-life-threatening so I declined an ambulance at the scene. This caused the police then to decline writing an accident report, citing no injuries (despite my minimal but real road rash, bruising, and burns). In fact, Driver 1 was not even cited for any infraction despite failing to yield. Anyway, in advance, I'll be fine, thanks. I saw my doctor the next day and am currently under his care. I have linked a crappy MSPaint diagram.

    The Legal Part:

    Both myself and Driver 3 have given our accounts to Driver 1's insurance carrier and they have already determined Driver 1 to be 100% liable. I have since come to find out that I made a mistake after purchasing my bike, and as a result my insurance never kicked in, so I was uncovered at the time of the accident. Double unfortunately, Driver 1 is an international student at a local college and has the minimum liability coverage of $5,000; however, Driver 3 does indeed have their own collision coverage. My bike will likely be totaled, and its FMV was around $3,000. I do not yet know the cost of repairs for Driver 3's vehicle, but it is likely to exceed the minimum payout when added to my totaled bike. In the case that Driver 1's liability coverage cannot cover Driver 3's total cost after paying out for my bike, and Driver 3's insurance eats the difference via their collision coverage, how likely is it that Driver 3's insurance will come after me for the difference? I fear that I will be a much more attractive target for Driver 3's insurance carrier since Driver 1 is a foreign national and college student. Have you all had any similar experiences wherein a judge or jury actually found Driver 2 (me) liable since technically Driver 1 never touched Driver 3 even given the fact the entire accident was the result of Driver 1's negligence, a finding that their own insurance company has stipulated? I have not yet spoken to Driver 3's insurance carrier yet. I assume that Driver 3 told their insurance the same thing that they told Driver 1's insurance, which is the same thing that I told Driver 1's insurance: what you see written above, aka what happened. Before you all tell me to call a lawyer, I called a motorcycle-specific attorney for a consultation the next morning. Given my lack of insurance and two other vehicles involved, he declined to assist me and was generally an ass; though, at that time I did not yet know Driver 1's insurance would accept 100% liability.

    Yes, I'm incredibly lucky on about 9 or 10 or 1,000 levels. The cops at the scene reminded me many times (all 3 are bikers in their free time).

    submitted by /u/3way_CA_throwaway
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