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    Tuesday, April 7, 2020

    Legal Advice Neighbour cutting down trees on my property

    Legal Advice Neighbour cutting down trees on my property


    Neighbour cutting down trees on my property

    Posted: 07 Apr 2020 04:31 AM PDT

    Ontario, Canada

    My neighbour has cut down a number of trees on my property. Not just branches on his side, but he's cut multiple trees from their stumps which are on my side of the fence. I have video evidence of all of it from home security cameras.

    He has caused my family and I a lot of stress since we got here and we are moving homes at the end of May. This is the first time he's damaged my property.

    is what he did illegal? Is this worth pursuing in court? If so how do I go about doing this?

    Thank you, please let me know if you need any other information

    submitted by /u/LostZiran
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    [Missouri] Am I legally required to tell my employer I have tested positive for Covid-19?

    Posted: 07 Apr 2020 02:46 AM PDT

    I am currently working from home. My work has issued guidance that if any employee tests positive for Covid-19, they must contact their supervisor and also HR. I have been working at home for over 3 weeks now, and am not going to go into work any time soon. If I was called in, I would tell them I do not feel well. In reality, I have had the mildest of symptoms and I actually feel pretty normal.

    I am somewhat embarrassed about this whole thing and also I don't feel it's their business to know if it is not impacting my work and I am not affecting other employees. I just don't want it to circle back on me and get me in trouble if someone finds out and they feel they should have been notified. Thanks for any replies.

    submitted by /u/Justhaveaquestion1
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    [California/LA County/COVID-19/Labor Law] My employer is having me work from home and answer company cell phone for Customer Service but only wanting to pay me for when a call is received and time spent on that call. They are not wanting to pay for me being available during business hours.

    Posted: 06 Apr 2020 05:20 PM PDT

    The title gives most of the information but I will clarify.

    I work as a Customer Service Agent for a high dollar, low volume, bespoke product manufacturer. When I am at the office during business hours I am expected to answer all calls to the Support line (a cellphone that I keep on me at all times when at the office and required to take home with me) immediately with a goal of a 90% answer rate.

    ***I am the only Customer Service Agent for this company. ***

    I provide all of the TIER 1 product/tech support for our product as well. A majority of my time is spent waiting for support calls, managing our ZenDesk, and working on projects assigned to me by my Supervisor. There are many days where I simply sit at my desk being available for work to come in. If a call comes into the Support Line after hours I am required to record my time via Toggl. I am expected to pick up the call, handle the issue if it's quick or generate a ticket in ZenDesk and inform the customer we will be able to handle it in the morning when the rest of the office is in. If I miss the call I must reply via ZenDesk with an "after-hours" type message within 8 hours. The business owner advertises 24/7 Customer Support. Yes, I am the one who has to answer the calls on weekends as well.

    Our offices closed 2 weeks ago due to COVID-19, my employer had me start working from home so our customers could still get support. Everything we use is web-based and they previously gave me a laptop for weekend calls when I am out of town doing my own stuff. I must have wi-fi and a laptop to take most of our calls as I need to remote into the client's machine and make changes. I was being paid 8/hrs a day M-F and OT for any additional work done outside of that during the past two weeks of work at home.

    My boss contacted me this morning informing me that I need to record all time spent working and that once special projects (busy work) dry up and the current tickets are updated, I will not be paid for being available during business hours but still be required to keep my metrics up.

    I let them know I'm happy to keep working on special projects but that I need to be paid for the time spent being available. I need to be at my desk in order to do my job (office or remote) and to keep up the requirements they've set for me. My Supervisor proceeded to let me know that "a lot of people are laid off and not being paid" and "well you can't go outside right now anyway so why wouldn't you be available?". He is claiming to not understand why I am upset at this proposal and invited me to speak with the owner, I will do that once I have some ammo to back me up or enough information to accept this as a bullshit situation that I cannot change.

    I feel that they are using this pandemic to take advantage of my time and exploit me. Is there any legal basis for them to be required to pay me for my time?

    submitted by /u/subject30nine
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    [USA] A politician is using a false narrative of my family member’s death to raise funds and garner sympathy for their campaign.

    Posted: 07 Apr 2020 11:28 AM PDT

    A politician has started using my deceased family member's name as part of a sympathy story to promote his campaign agenda. My family member's name has been mentioned on social media and in the local news to raise funds for his platform. He is doing so against the wishes of my family and he is also largely embellishing the details of my family member's death to suit his agenda. He did personally know my deceased family member, but he is lying about many things including how he knew her, her exact cause of death, and other aspects of her life.

    I am aware of many of these lies because I have access to my deceased family member's devices which contain years of texts from the politician (including a message where he told her to kill herself, among other condemning messages). I have not contacted the politician to request that he stop mentioning my family member, but even if that would suffice, I would still prefer to take legal action (if possible) to force him to stop. Hopefully legal action would also assist somehow in allowing his donors and campaign supporters to know that they are funding lies. I'll be clear that he is not saying negative things about my family member or attempting to slander her, rather he is rewriting her life and memory to create a false narrative that supports his own needs.

    I know that politicians lie every day with zero legal consequences, but this seems like it should be illegal. Is he breaking any laws by spreading this misinformation? Would a lawyer be able to help with this?

    [California, USA]

    submitted by /u/SorryBill
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    Caught my husband cheating, ghosted what to do next till I can meet with a lawyer?

    Posted: 07 Apr 2020 05:20 AM PDT

    (FL) Title pretty much says it all. I packed up my stuff, took half the money and disappeared. I text him to let him know and he has been looking for me, even put a tracer on my phone. A lawyer can't see me till Monday what should I do in the meantime? Also some what not to do's would be nice.

    submitted by /u/IntelligentArtist2
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    Neighbor built under our tree now wants it removed

    Posted: 07 Apr 2020 02:33 AM PDT

    There's an on going dispute with a neighbor. Last year they built a boat storage structure 1.5' into the 5' setback along property line. the city come check it out and code compliance has asked them to move it by a date. We have a received a letter from their lawyer stating that we must trim a nuisance tree back from the structure, tree was there long before either of us owned the house. They have increased liability of removal of tree branches as there is a boat that is partially covered by structure. Stern and bow are exposed so trimming of branches would be difficult if not impossible where it is located. Is there a phase or term we can use as they have created an increased liability in removal of branches. I am willing to remove branches as soon as the structure is moved and boat is out for the season. They said we have 7 days or they will have a contractor do it and send us the bill. Not sure how to proceed. Any help would be great thanks.

    Location: Idaho

    submitted by /u/SaveTheAles
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    (Illinois)My coworkers and I are COVID-19 positive, likely because of instructions from management.

    Posted: 06 Apr 2020 06:42 PM PDT

    I'm a RN that works on a wing in a state run hospital that was converted to respond to the large influx of COVID-19 rule-out and positive patients. Initially staff working with these patients were told to not wear N95 (Airborne) masks when in the room with these patients because COVID-19 was suspected by the CDC to be transmitted via droplets. When staff complained that surrounding hospitals were using N95s and requested to wear these masks as an additional precaution, we were told the hospital had a very limited supply and discouraged from using them unless our patient was having a procedure that would aerosolize the virus. We were told instead to use surgical masks. Some of our staff including me have tested positive for COVID-19. About two weeks after their initial announcement recommending the use of surgical masks, our hospital now recommends the use of N95s at all times. Our management claims that all personal protection equipment advice was taken from the CDC, and their understanding of COVID-19 is changing every day. However, staff affected by this are understandably upset, and feel that we considered expendable in the eyes of our management. We wanted to see if there are grounds for a class action lawsuit.

    submitted by /u/ThoreauAweh
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    (USA, but instructions for other jurisdictions solicited.) I own lots of different kinds of IP. Please tell me how to automatically dump 100% of my IP into the public domain on death.

    Posted: 07 Apr 2020 05:15 AM PDT

    Corona will almost certainly kill me, you see. It's been a short, short shitty run but... that's irrelevant. I'm not a minor. I've written books, scripts, pamphlets. I've composed music, and recorded my compositions. I've drawn comics. I've made films. Don't worry, absolutely none of it was commercially successful! I took a loss every single time, I swear 8-D

    I care about the writing 100,000% more than anything else, and the books more than the other writing, so even if there's no convenient way to force it all into PD when I die, if you know how to remove those from the realm of solo profitability, that would be fuckaesoom.

    If my reasons matter , it's because I don't believe that copyright should last longer than patents, and so since I don't have the money to create an estate, the best alternative is not making people wait seventy years... I think. Maybe?

    Thanks for the help if you help, thanks for the laughs if you troll.

    submitted by /u/Lovepoint33
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    Someone else’s car parked in my driveway in middle of the night

    Posted: 07 Apr 2020 06:54 AM PDT

    I'm in Columbus OH.

    So this morning at 0307, I have video of someone pulling into my parking pad, failing to jump my neighbors fence & breaking it, and then running down the alley. They left their truck in my driveway, and it is still there. The police told me they can't do anything because it is on private property, not reported stolen or involved in an accident. The keys are not in the vehicle. Any idea what options I might have?

    Thanks.

    Edit- I contacted a few towing companies and they said it takes 24-48 hours to remove, because I have to sign contracts and post signage. I would like to have it gone sooner than that it possible.

    submitted by /u/mimic3413
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    Remote job was terminated, employer withholding final paycheck.

    Posted: 07 Apr 2020 10:46 AM PDT

    As stated above, I live in Minnesota and worked remotely for a company out of California. I was let go from the California company a few weeks ago (no reason given). I was paid bi-monthly (the 1st and the 15th of the month) and should have received my final paycheck on April 1st.

    I emailed my employer about the final paycheck and he responded saying that I may have been overpaid because my work was insufficient (not working 40 hours/week), and they may be seeking previous pay to be returned. This statement by him is a lie, but I am unsure what to do. I need that final paycheck because I have bills to pay.

    First, I need that paycheck ASAP.

    I was reading on the MN Dept of Labor and Industry and CA Department of Industrial Relations that I should essentially have been paid my final paycheck immediately upon termination. Is this correct?

    Secondly, I don't want to return pay I earned.

    How do I fight his inaccurate claim of my lack of work. I have my work hours loosely documented showing that during my time working for the company, my average time worked has come to at least 40 hours/week.

    submitted by /u/sup3rman
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    Apartment complex using/stealing residents water and power

    Posted: 07 Apr 2020 08:39 AM PDT

    I live in an apartment complex with duplex units. Each unit has outside electric and water outlets. Our utilities are our responsibility and we are required, per the lease to keep all utilities connected. The staff of the apartment complex have been using occupied units water/power outlets to fill pressure washer water containers, pressure wash the complexes sidewalks, fill the pool, and water plants. I have photographic evidence of this happening. I have emailed them and asked them how they plan on compensating/crediting residents for water/power used, with no response. Do I have any other options to get them to stop this practice of stealing water and power?

    I understand their need to use power for the pressure washer but filling up a trailer sized massive water tank for the pressure washer with resident's water is inexcusable in my opinion.

    Edit: I live in Georgia

    Edit 2: I also remembered 4 years ago the staff took my personal water hose to water flowers. When I emailed them they apologized and said they were not aware staff was using personal items.

    submitted by /u/runForestRun17
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    [Texas] Boss took away all my work until I either resign and pay reimbursements or agree to work until end of year

    Posted: 07 Apr 2020 06:53 AM PDT

    I work as a tutor at a small SAT test prep company, where the CEO is the sole decision maker in deciding workers' schedules and hourly rates. Because of the nature of this job, obviously hours are sporadic throughout the week and tend to fluctuate from season to season, but are usually given in 3 hour blocks for classes/tutoring sessions. When the boss took me on board, he gave me paperwork that had the normal at-will employment clause stating I can leave at any time with 2 weeks notice, but on the last page there was a clause snuck in saying I agree to work here until the end of the year or else I may owe reimbursement fees for all training fees up to the maximum extent of the law. I was never informed by the boss that I was signing up for contract work for a predetermined time, but unfortunately I signed without noticing it.

    After a couple months of getting through the training phase, I felt like this company did not treat workers ethically, so I tried to quit per the at-will employment clause a month ago and it was only then that I found out the contract also contained that clause about having to work for a predetermined time or else I would have to repay. I asked what the reimbursement amount would be, but I simply got told he didn't have the numbers and didn't want to do the calculation but probably several thousands of dollars. Obviously I can't afford that, so I tried to continue working here. The Texas stay at home order hit, but the CEO was able to find a way to keep the office open as long as we were only facilitating online classes/tutoring from the office, and there are still plenty of hours to go around. You can get scheduled for either running a class, or a private tutoring session (both online through the office's software), but running a class has a higher hourly rate. I noticed that ever since I had tried to quit, there were a couple of times where I was assigned a class sometime a week or so down the road, but then the class always ended up getting removed from my schedule, which seemed a little suspicious to me, but I didn't think much of it at the time.

    Fast forward to the past week. I was getting almost no hours despite the fact that other tutors were still receiving work, and finally I called the boss to ask if there was anything that could be done to give me more work. He said he would look into it, but a few hours later I instead suddenly got an accusatory email telling me he had been waiting this whole time for a clear answer on whether I am going to resign and repay training fees or stay the predetermined time on my contract. I replied once again asking what exactly the reimbursement would be / how it's calculated and if we could set up a meeting to discuss this. He told me again he didn't know since it depends on what the teachers who trained me were paid and he wouldn't be able to calculate exact figures until the accountant got back after the stay-home order expires, and the bottom line was there is work available for me but only if I agree to stay. When I checked my schedule after receiving that email, I noticed ALL my hours had disappeared. He is now ignoring my emails and calls, only responding after several days when up until now communication had been nearly instant.

    I now realize that all those times where I saw myself scheduled for a class only to have it removed later were likely manual actions done by the boss to passive-aggressive slash my hours because he didn't like me, and the fact that now he took away all my work I believe is an attempt to use my hours as leverage to force me into making a quick decision (probably because he's getting slightly less business in this whole pandemic and sees me as an easy source for quick money).

    Here are my questions:

    1) I know it's unlikely, but is there anything about the contract that might make it so I don't have to repay these fees? Can I say I was deceived by seeing there was an at-will employment clause and yet it's not really "at-will"?

    2) Is it legal for him to take away all my hours like this and refuse to give me anything until I commit to staying? I am thinking that him telling me in the email that "if you want to work, hours are available if you commit to the original agreement" and "you either resign or reimburse us, or stay until the end of your contract, there is no middle ground" may be a violation of the at-will employment clause because I should have the right to quit at any time, not be forced to make a decision now.

    3) Do I have the legal right to know the exact figure of the reimbursement fee and/or how it is calculated before I quit?

    submitted by /u/shamcommon
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    Not allowed to file for unemployment during furlough. Is this legal?

    Posted: 07 Apr 2020 10:38 AM PDT

    Hi everyone,

    My employer sent out notice today that my team (exempt employees) would be required to take 15 days of unpaid furlough throughout the year. The first day is this Thursday (April 9th). The days are randomly spaced throughout the year and equate to about a 8-9% reduction in my salary. There are some weeks where I am required to work 2 days and some where I am required to work 4.

    I am unable to get into contact with anyone at the Georgia DOL to ask about this situation.

    I was told by HR that I was not allowed to file for unemployment for lost wages or take vacation time for furloughed days (or even take vacation time during the weeks where there are furloughed days).

    Is this legal? Can my employer block me from filing for unemployment those days or from taking my vacation?

    Any help or advice from anyone would be greatly appreciated. They sprung this on us today and I am lost about where to turn to.

    submitted by /u/TheWearyArcher
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    Not paying water bill

    Posted: 07 Apr 2020 10:40 AM PDT

    Edit: forgot to add this takes place in Washington state

    My dad bought his house sometime in the 60s. The house is roughly 130~ years old. It was also remodeled twice since my dad has had the house. At some point in the 70s, my dad noticed he stopped recieving Bill's for water. When he checked the meter it was spinning backwards. He immediately informed the city because he didn't want to get in trouble for not paying for water. He was told someone would be out to adjust it soon. That was 50 years ago and no one has been out to fix it. My dad says he should be fine considering he did call it in and it's on the city for him having free water for all these years.

    My question is, if it suddenly came to light that he's had free water this whole time, can he be sued? Will he get in trouble? He still has the original letter stating someone would be out to fix it. Would that letter be enough to keep him out of trouble.

    submitted by /u/pink_batty
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    [Georgia] Boss wants GF to pay for her own drug test.

    Posted: 07 Apr 2020 01:02 PM PDT

    My girlfriend's boss is making her submit to a drug test. Normally I wouldn't have a problem with this, as it's his company and it's his prerogative to screen his employees for this sort of thing. What I am not okay with is that he is making her shell out $40 for the test. I've been drug tested a lot in the past, and I never had to pay for it out of my own pocket (mind you this was in Florida, but nevertheless). I'm having a difficult time finding info online about this. I don't want her to stand up for herself and refuse to pay only to then get in trouble. She's only paid $12/hour. What he's asking her to do is to work for almost 4 hours after taxes for the privilege of having her privacy invaded. What can I do?

    submitted by /u/Crooked_Cricket
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    Psychiatrist closed my case because I'm pregnant and refuses to treat me. They also did not give me any referrals. (Kentucky)

    Posted: 06 Apr 2020 03:49 PM PDT

    I have bipolar disorder and was seeing a Psychiatrist for it. When I found out I was pregnant, I called them to let them know. They told me to quit taking my medication (cold turkey) and that they are closing my case. They also did not give me any referrals. I understand there are certain medications I can't take, but it's very dangerous for me to not receive any medical help for my bipolar disorder. My OBGYN says she cannot treat me for bipolar.

    So my question is, is this even legal? I feel like I've been discriminated against because I'm pregnant.

    Edit: clarified what my OBGYN can't treat me for.

    submitted by /u/The_Aeons_Torn
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    I’m a landlord and my civil liberties are being broken because of the “cannot evict” shutdown and now I’ve got a tenant breaking all the rules and destroying the property, can I sue the state for forcing me to let them stay?

    Posted: 07 Apr 2020 05:07 AM PDT

    Oklahoma...

    I've got a tenant on HUD in an apartment.

    HUD doesn't allow extra people living in the house.

    I've been trying to get her to give me the guys name "who isn't staying there" for the past few weeks. Previously I gave her a notice to get him out, he's not allowed to live there, and when she didn't move him out, I would evict. Then the government told landlords we can't evict.

    Well I get a call from the cops because he's been in there destroying the house and beating his baby momma. He had fled from the cops and they were looking for him but he's now back and it's past the time that cops care to get him now because they never follow up.

    I check out his background and he's got an extensive felony list of convictions on domestics, assault and battery, assault and battery on pregnant women, stalking, conspiring to commit violence, burglary, robbery, larceny, etc etc.

    I can't evict her and have to allow her to have someone in the complex that is causing issues with the neighbors safety now. My other tenants already hate them and their drama and may begin to move out to get away from them.

    I feel I'm being violated on my rights of my property and maybe some kind of reverse due process because I'm not allowed to have a hearing In Front of the judge.

    My state allows for immediate 24hour eviction for certain things (safety or health threats such as physical threats of violence or violence itself)

    But my protection under the law is stripped away.

    If they do another $20,000 in damages because they want to and I can't evict, can I sue the state for not allowing me my rights to evict?

    I already have tenants saying they aren't paying rent because I can't evict and they are going to live there for free and will move after the virus is over without paying what they owe. I can't afford to make mortgage, insurance, taxes etc with tenants not paying, let alone the $3,000 a month water bill(which is a Smaller expense)

    submitted by /u/Herp-a-titus
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    Downstairs neighbor is recording my kids. (TX)

    Posted: 07 Apr 2020 09:27 AM PDT

    My downstairs neighbor has been recording my kids (10,11,14) everytime they play in the courtyard. He has made claims about getting us evicted and honestly he is a creepy old man that makes me and my kids uncomfortable. He doesn't say anything, just stands outside his door and records them. Can he legally record them? Is there something i can say or do?

    submitted by /u/jfkwho
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    landlord charging me for a clogged septic pipe

    Posted: 07 Apr 2020 11:36 AM PDT

    I just ended a lease from renting an apartment in a (landlord occupied) house in New Hampshire.We are the only two parties in the home. About a month before my lease ended my toilet overflowed, causing a major back up of water and flooding into the basement as well as my bedroom closet. My landlord was able to address the issue quickly but called a plumber over to fix the clogged pipe. According to my landlord the plumber said he had 20+ years of experience and without a doubt the septic clog came from my apartment side and that it was clogged with recently used wipes. My landlord now is sending me the bill and deducting the cost from my security deposit. My issue is that I never used wipes and don't feel like I should be responsible for any of this. What are my rights as a tenant in NH? Is this even something that I can win in small claims court? There was nothing in my lease about being responsible for the plumbing. Thanks for any advice offered

    submitted by /u/renterneedshelp
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    Undisclosed Damaged to Vehicle

    Posted: 07 Apr 2020 11:32 AM PDT

    I purchased a vehicle in Virginia last year. It was a used 2017, but told it was accident/damage free. No where in any of my paperwork is damage listed. (I should have gotten a physical copy of the carfax, but I overlooked it). This was from a pretty big car dealership, not an independent one.

    The car drives and looks fine, but I was thinking recently about trading it in on a different vehicle. The carfax gets run and it lists significant damage to the vehicle from before I owned it. Needless to say, the car is worth much less than what I paid since I paid market value for what I thought was an accident free car.

    I called the dealership to see if they would reimburse me or buy the car back. Unfortunately, the dealership is under a new ownership group, they said I had to take it up with the old ownership group. They gave me a number, but I have yet to get a hold of anyone. From googling, it looks like the old ownership group sold all their dealerships.

    Do I have any recourse with the old owner or the new owners of the dealership? Worst case, the car drives fine, but I'm pretty annoyed that I was taken advantage of. May be a hard lesson. Thanks

    submitted by /u/camaro6820
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    How can I get my birth certificate/paperwork from my abusive mother

    Posted: 07 Apr 2020 06:14 AM PDT

    Hi Reddit, I'm on mobile and this is the first time that I've used the website but I need some help.

    So for some background, I was adopted from China back in January of 2001 and I'm currently a college student about to turn 20. My mother was a great woman who was from America and before she lost her job back in 2014 after that she became what I later discovered was abusive. She stole my money, made me pay for my food, screamed at me that I was fat if I ate her food, constantly degraded me, made me pay "rent" (~$200-$300) a month at 15 when I just got a job, and kicked me out multiple times for reasons like; "you didn't pick up my prescriptions" or "I didn't like how fast you were driving are you that selfish that you don't care about me I'm your mother".

    Last year I was kicked out permanently and she cut all ties with me. I currently live with my friend on her couch with her family that was generous enough to take me and my two cats in.

    So my question for you lawyers of Reddit is this, how do I go about getting my birth certificate/any other papers that say I'm a citizen (ie naturalization papers). I know I am a citizen because I can vote and I believe I have an American birth certificate, but I'm not sure after contacting my state's department of vital records, which had informed me that I most likely have naturalization records instead. However I remember vaguely what the document looked like when I applied to get my drivers license and it doesn't look like the naturalization papers I saw online. I have tried to get a copy of my birth certificate through my states online service however I received a "No Records Found" document, listing the years 2006-2015, which isn't when I was born(2000). The department of vital records also told me that if I wanna get a copy of my naturalization papers (if that's what I actually have) then I need a copy of my original birth certificate officially translated which I don't have and is with my mother.

    I've tried to get it from my mother however she's either ignored my text or texted back something along the lines of "oh so you need me now. Go do it yourself. It's not fun being an adult is it" and so on. So now I'm wondering if I can legally force her to give me the papers or not cause they are MY official paperwork. However I'd rather not talk to her if I have to.

    I know that we got a copy of some kind of official paperwork back in October of 2016 because that's when I was able to get my driver's permit. Also if I have my stats's driver's license and my social security card can I get some type of document that way?

    I don't know really what to do anymore and I'd really appreciate if someone who knew what to do could help to be honest.

    Thanks!

    submitted by /u/prinbody890
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    Buyers responsibility to ship?

    Posted: 06 Apr 2020 07:58 PM PDT

    I recently sold a motorcycle online ( I'm from Kansas and the buyer's phone number is from North Carolina. We agreed on a purchase price for the item and he sent a check. When I received the check it was for $1200 more than the purchase price.

    I was not aware until I received the payment that the buyer wanted me to pay for shipping. Am I wrong in thinking that such a payment is the buyer's responsibility? This is partially due to the fact that the buyer has chosen a shipping company in Connecticut that refuses to take traditional payment methods and only accepts cashapp or Walmart to Walmart, which I refuse to use. I offered to pay for shipping via PayPal but my offer was turned down.

    I offered to use the extra funds sent to me to ship it to him myself but he doesn't seem interested in that idea, nor has he given me any info regarding his preferred shipping location.

    I don't want to get into legal trouble, and was unsure whether if I refuse to pay his shady movers for shipping and just keep the money and motorcycle until he figures out something else (I hope!)

    Will be liable for some for of fraud or misrepresentation? What would be the smart legal thing moving forward? Thanks.

    submitted by /u/sweetsammyk
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    Estate Limbo - Father Died Unexpectedly - Assets Being Taken By Other Relatives

    Posted: 07 Apr 2020 01:55 PM PDT

    TLDR: My father passed away unexpectedly while still holding property with his sister, and her husband. He paid 196k out of 300k. In 15 years they somehow managed not to ever finish paying off the mortgage between the two of them. (Real Estate Agent and Insurance Agent)

    Hello legaladvice!

    First off I want to take the time to thank you, and appreciate you for taking a look at my post. I have leaned on all of my friends, family, and even some lawyers outside of the field to no avail. Unfortunately I have not been able to find anyone with experience or idea on how I should be proceeding with this matter. I hope you can find it in your heart to lend me your professional advice or at very least point me to the names of the types of lawyers I am looking for.

    My father had no prior symptoms and was regularly going for checkups and had health insurance. Diagnosis took about 7 days and the ER doc made a very strong comment about advanced cancer but legally they had to confirm it, so this wasn't repeated by anyone else and we kept getting told to wait for results. When results came back it was terminally ill stage 4, immediately eligible for hospice.

    Only because of the ER Doc's comment did we somewhat scramble for last wishes, he had already left some things in place. He had a will, and left 2 assets quit claim deeded.

    Here's where it starts getting sticky. My father put down $196,000 on a $300k house with my Aunt and her Husband. This house was sold to them by my brother around 13 years ago right before the housing bubble. The idea was for them to flip the house for 600k, but somewhere along the lines they held too long and that happened.

    The 2nd day my father was in the hospital my Aunt (his blood sister) decided to "clean his room", in case he were to soon be discharged.

    His last will "cannot be found". I don't have any idea who the lawyer was. Is this public record?

    One of my fathers last wishes was that I needed to fight for the house. He had helped his sister and her husband for too long and he intended his assets to be left to the kids....

    My aunt and uncle are not speaking to me. They made a comment to my mentally disabled sister that they are going to let the bank take it. They had 12-13 years to pay off 100k and somehow have not. I heard from my brother that they refinanced a few times. They took my father off the title and my father threatened to call police and they put him back on. My fathers name is still on the title when I look up property appraisal.(I looked today)..this is just insight of what they tried doing a few years back.

    My father gave me a 15k credit card bill that he thinks was taken out by them in his name. My father was the kind of person who used his credit card but paid it off instead of sending payments. The card was in his address....

    My uncle is a real estate agent, and his wife is an insurance agent and has worked as a mortgage agent before most of her life.

    I feel their is a lot going on, and maybe some criminal mischief.

    So, if you read all that. I am the youngest, and my older brother hasn't done ANYTHING at all and I assume my father left him as power of attorney but what strikes me so concerning is why can't we find the last will as he made some sort of change.

    Again my father verbally told me to fight for the house. I have a mentally disabled sister that I want to make sure she gets money as I am her daughters god father. I feel ripped apart, and haunted that I have not done anything yet. My brother keeps saying do nothing he's gonna do something......I have waited 1 year and 4 months I think I should step in.....

    Help!

    submitted by /u/ro0d
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