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    Tuesday, March 9, 2021

    Legal Advice [FL] My father died this morning, he was hit by a car crossing the street. What do I do next?

    Legal Advice [FL] My father died this morning, he was hit by a car crossing the street. What do I do next?


    [FL] My father died this morning, he was hit by a car crossing the street. What do I do next?

    Posted: 08 Mar 2021 10:31 PM PST

    After crying all day, Id like to begin the long road of closure. Him and my mother had me at 17, 25 years ago, I'm his only child. What are the first steps someone takes?

    I appreciate the help you can give.

    submitted by /u/Inevitable_Tadpole12
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    I'm getting paid weekly for a job I don't work.

    Posted: 09 Mar 2021 10:48 AM PST

    Hi! I'm a college student and for the past 3 years, I've been getting paid as a remote intern for a west coast small business. While I contributed during the first year, my work has steadily decreased until it's been virtually nothing, but my wage as remained the same (30 hours a week). I reach out every few months and my boss tells me I'm doing great and will let me know if he needs anything, which he never does. It's a small company with only 3 employees. Is it possible something illegal is going on, and could I be liable?

    submitted by /u/IHaveSmallWeiner
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    USA-GA. Friend put on psychiatric hold because someone else misunderstood his Facebook post.

    Posted: 09 Mar 2021 11:17 AM PST

    A friend has been grieving the loss of his wife due to COVID. He posted on Facebook about how much he missed her and wants to be with her again. Someone decided it was a suicide threat and called the cops.

    He was eventually talked into going to the hospital to "get checked out," by the Pastor of his church. He ended up being detained in the ER for over 24 hours without his insulin, given white bread and French fries to eat, then the out of control sugar levels used as evidence he was not taking care of himself.

    They told him it was a 72 hour hold, but they won't tell him when that 72 hours begins/began. The people who called the police, after speaking to me called the police again and told them it was a mistake. Police proceeded, told him he was not detained, then took him to the hospital and said he was suicidal when he wasn't. He has a mechanical heart valve, severe diabetes, and thick blood, all things he needs medication for, and as of this morning still is not getting as he was taken without them.

    Is there any recourse? Do they have to tell him when he will be released? What if they continue denying him his meds? This hospital is a real shit show. He was in the ER not long ago because he blood got to thick and his doc sent him and he ended up in the ICU for three days before they would give him thinners. They didn't know why he was there.

    submitted by /u/SnooGiraffes4348
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    Pregnancy in the work place

    Posted: 09 Mar 2021 06:41 AM PST

    I live in TN and I work for a large company, over 100 full time employees so all FLMA size requirements are met.

    I'm pregnant and I was pressured into a work dinner with my entire department and an out of state vendor at the begining of February. The vendor had not only traveled from out of state for his visit he had also just traveled out of state for a family vacation. Before I knew I was pregnant I expressed my concerns about dinner, I stated that I would only attend if the dinner was outdoors. The work dinner ended up being 100% not COVID friendly but I was still expected to attend. I told my boss, who I have a great relationship with, that I am early into my pregnancy and I don't feel comfortable doing non COVID compliant activities. My boss was thrilled for me and excused me from attending the dinner.

    About a month has past and now my boss is asking if I've told HR I'm pregnant. I told her that I'm planning on telling HR once I'm out of the first trimester. She is now insisting that I was legally required to tell HR the second I knew I was pregnant. She is under the impression that I know I will need to take leave and I am under legal obligation to tell the company. She has now asked me about it three times in the last 5 days. Two of those times has been in a public setting. I know that I am not required to tell the company yet, but my boss has threatened to tell the director of HR if I don't tell them immediately.

    We had a discussion yesterday where I brought out employee handbook, which explicitly states that I don't have to tell HR until 3 months before my due date. I also brought reading materials from government websites stating that I do not need to inform the company yet. The conversation got extremely heated.

    What is the best way for me to handle this?

    submitted by /u/022119
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    Debt Collector sent a wage garnishment overpayment refund check to another law office. Not to me

    Posted: 09 Mar 2021 09:48 AM PST

    Long story short, I was getting my wages garnished for a school loan and when I paid the debt off the Collectors closed my account and never bothered to send anything to courts or to my HR and my wages kept getting garnished although it was paid. They finally got everything to HR and the garnishments did stop. However they still took about $850 from two checks. They told me they sent the refund check and I've been waiting patiently for a check that never came. I called back and they told me it was a misunderstanding and they sent my refund check to "a client" and I need to contact them for my check . I call and it's a lawfirm called Aacanet and "they're not accepting calls" they have no contact email and their "Contact us" tab on website is broken. Look up Aacanet on BBB and apparently they're notorious for never contacting people back and you can't contact them. I'm afraid I'm never going to get my money. I am located in Denver CO. Are they allowed to do this? This was taken after the garnishment was paid and account was closed

    submitted by /u/Snoo_79693
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    advice on issue between my mother and my psychiatrist PLEASE!!

    Posted: 09 Mar 2021 03:51 AM PST

    I am 22, turning 23 next week. I am under my parents insurance. My mom recently found out through my sister that I take adderall for ADHD. She has a huge personal issue with this medication (which is exactly why I didn't want her knowing). She absolutely freaked out when she found out. She emailed my doctor threatening her and accusing her of malpractice. She said she would be reporting her to her insurance and to the medical board of colorado.

    She also told my doctor that I have no ADHD symptoms and am lying to get this drug. None of this is true, I told my doctor the truth and my meds have really helped me. I am worried for my doctor and myself. My mom also took all my medication, which I obviously want back and am pretty sure she is not allowed to confiscate.

    I am an adult and I don't want my mother involved in my medical health, however I am not sure if she is entitled to that information since she is providing my insurance. I am too nervous and embarrassed to return my doctor's call - she is obviously very worried right now since getting that email from my mother.

    I am living at home for the next 3 months until I graduate college so I don't want things to get crazy but I want to know what my rights are and what I should do and how I can protect myself and my doctor.

    any advice is majorly appreciated, I really don't know how I should handle this

    submitted by /u/izzynsnickers
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    My disabled GF (20) got hired to a job and was asked to perform a JFT, then was told that she didn’t pass that test for improper body mechanics, despite having a note saying she needs to use modified body mechanics. We believe it was an act of discrimination. (USA, CO)

    Posted: 08 Mar 2021 03:44 PM PST

    Title says most of it. My GF got invited to do a 'fit test' (for CNAs at this particular medical facility) that tests to what extent you can perform at the job. My gf did the test, and she had to perform some tasks differently (as her doctor recommended her to do) and was still able to complete them efficiently and effectively. She had a note from a surgeon that explained she needs to do a lot of activities differently, and that she needs to wear a knee brace at all times as well. She was told she had to take off the brace for the exam and they could not test her with any kind of brace or support on. After she was done she got an email that same day telling her that she didn't pass because she did not complete the tasks with "proper body mechanical" and instead used body mechanics like how her doctor recommended her to do and not like how they wanted her too. The body mechanics she learned are the ones she learned when she originally passed her Colorado State boards to become a CNA. Before the test she was promised that even if she didn't pass the test that she could still be a RA, but now they revoked that as well. What are our options here if any?

    submitted by /u/FrustratedMTguy
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    (Texas) Veteran Affairs Deemed me as "Unfavorable" for Rehire - Which Affects my Current Job. Do I Have a Case?

    Posted: 09 Mar 2021 11:44 AM PST

    I work at the VA for 8 months. When I left, I gave a 2 weeks notice. I had never been written up, received any e-mails, or received any information that I had any behavior issues.

    I work for a different company (non-VA) that does VA contract work. While obtaining a security clearance, an investigator called me and said that my old supervisor at the VA told her that I was "emotionally unstable, can't handle criticism, she tried to kill herself" etc. and the VA said I was an "unfavorable" rehire. All things that absolute shocked me when the investigator told me. I had never been written up or received any criticisms or been in trouble. Nothing on my record whatsoever. An adjudicator is looking at this at this information now.

    The issue? If my security clearance comes back as denied I will lose my employment with my current full-time job because of what my previous employer said. Despite the fact I never said anything bad to my supervisor nor ever received any reprimand or communication via e-mail about this information whatsoever.

    The (female) supervisor fired the only 2 females before me in the past year for random reasons - which isn't easy to do at the VA. I quit with a 2 weeks notice.

    Do I have grounds for defamation? Especially if I lose my current full-time job if I don't get security clearance with Veteran Affairs due to my old supervisor saying I'm "unfavorable" and telling them made up stuff, especially when there's nothing on my record and not documented action taken against me?

    submitted by /u/Snoo_34496
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    New Construction Builder sold lot (by accident) and now I cannot close on the property

    Posted: 09 Mar 2021 05:33 AM PST

    I'm currently under contract with a new construction home in North Carolina and have been since mid January. The house wasn't completed yet and was scheduled to be done around mid-March. Last week we got told that basically I cannot close on the house because the builder doesn't own the lot. The builder has said I can get my money back (due diligence deposit and earnest money deposit). I'm going to copy & paste (and edit out names, etc) the email I got that was sent to the home builders from the lawyers handling closing.

    "Hello All,

    I hope my message finds you all well. Our office is handling the closing for the sale of HOUSE (Lot A, Parcel Number XXX-XXX-X1). Our title search of the property has found an issue that will likely need to be addressed by the seller, HOME BUILDER.

    The Contract we have received for this transaction lists HOUSE, which did not exist for the 2020 tax year. Lots A, B, and C appear to have been deed together from 1974 forward. These Lots were also all taxed together as a single parcel through 2020. Looking now at the COUNTY WEBSITE, it appears that these three Lots have been separated into three distinct parcels for the 2021 tax year, with HOUSE being identified as Lot A and parcel number XXX-XX-X1.

    It looks like Lots A, B, and C were all deeded to HOME BUILDER on 4/27/2020 by the deed recorded in Book XXXXX at Page XXX. However, on 1/12/2021 all three Lots were then conveyed by HOME BUILDER to LOT BUYER by the deed recorded in Book XXXXX at Page XXX (said deed being attached here). As such, LOT BUYER is currently the owner of HOUSE (aka Lot A). Please advise, was Lot A intended to be conveyed by that deed at XXXXX-XXX to LOT BUYER?

    If that conveyance of Lot A to LOT BUYER was done in error, I would recommend the sellers reach out to the prior closing attorney who handled the transaction back in January in which Lot A was conveyed to LOT BUYER to inquire about why Lot A was included and how this should be resolved. That looks to be "CLOSING LAWYER" in Charlotte. Assuming our office is not missing any information that may clear this issue up, before our closing can move forward here, HOME BUILDER will need to acquire Lot A back from LOT BUYER.

    Thank you all in advance for your time and assistance here. Please let me know if you have any questions about the information above, or if there is any additional information we may need to receive."

    I know for a fact that selling the lots to the lot buyer was an accident because the home builder is building on 2 out of the 3 properties, they just wanted to sell the lot they weren't building on.

    To add on top of this, I got a screenshot from a text conversation between my real estate agent and the builder's agent saying that the lot buyer wanted $75k for the lots, that the builder and a lawyer were serving the buyer with a $600k lawsuit, that this lot buyer was an illegal immigrant, and that it could take up to 6 months to resolve.

    My questions are:

    1. What can the lot buyer do? Do they technically own the houses built on the land? Do they have a legal case?
    2. Can the builder legally get back the properties without paying the $75k that the lot buyer is asking for? They've already told us that they are not willing to do that
    3. Do I, as a home buyer, have any right to sue this builder for falsely trying to sell the property that they do not own?
    submitted by /u/Boylan96
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    $21,000 withdrawn from bank account for cashier's check... But We never requested this check.

    Posted: 09 Mar 2021 01:04 PM PST

    I'm writing this post on behalf of my Wife; hopefully someone can help us understand our options here, appropriate steps to take, and who we can file a complaint with. For background, we are located in Arizona.

    My wife recently purchased a car and got a cashier's check issued for the down payment, ~$5,000. When checking her account over the weekend she saw her account balance in the negative five-digit range with a mysterious $21,000 withdrawal from a cashier's check. The $5000 for the car purchase was also correctly withdrawn. This was on a Saturday (3/6) that the 21k withdrawal showed up on her account and she went in first thing Monday (3/8) morning to the branch (Bank of America) to sort it out since customer support claimed they couldn't do anything over the phone. Obviously we're freaking out since BoA just emptied her checking and savings accounts well over their balance and we close on a house in roughly 3 months from now. The bank manager, after briefly going into the back, told her the situation was resolved and gave her a copy of the amended account statement. I'm assuming due to just having authorized the $5k cashier's check for her car that there was some sort of human error here. We thought this was the end of it...

    Cue the next day, today (3/9), the account is back to showing negative five-figure balance with the $21k cashier's check withdrawal. My wife goes into the branch... again... and they say that they need to contact "the back office" (that exact term) to try and resolve this and it would take about an hour. We're sitting here 4 hours later with no response, and can't get through over the phone, and are about to go back into the branch to see WTF is up.

    Obviously she is done with BoA and will be switching banks. Until then, as asked above, does anybody have a good idea of the time frame something like that can be cleared up with funds back in her account? What steps would be prudent at this point? We already plan to demand anything they tell us at this point in person to also be written to us in an email. I would also like to know if there's some sort of gov't agency that a complaint should be filed through for this case.

    I'll make sure to edit this post w/ any updates.

    Thanks!

    submitted by /u/Skwonky
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    Friend's husband abandoned everything in PA

    Posted: 09 Mar 2021 12:54 PM PST

    My friend's husband walked out on her and their children about six months ago. She has remained civil during all of this but he refuses any and all communication be it from her or their children. The other day she was out getting groceries with their daughter and they saw him. When they tried to approach his car to talk to him, he drove off (their daughter recorded it & it's very heartbreaking to watch). My friend is going to file for divorce as he has made it very clear he is done with his family.

    When he left, he did leave behind one of his vehicles. My friend has been driving it (it's in his name), paying the loan (it's in his name) & paying for the insurance (now in her name). For the last few weeks she has been leaving him voicemails letting him know that she does not want the car and asking if they could take it and trade it in for a car in her name. He, of course, has not responded to her at all. She is considering stopping making the car payments and instead buying herself a car in her name. Can she get in any legal trouble if she stops making the payments for him? They have separate bank accounts, she is making the payments with her money and he is not giving her any money for anything. Obviously the car will be repoed and it will damage his credit, the main concern here is if there are any legal ramifications for her.

    tldr; can my friend get in legal trouble for not making car payments on the loan of a car that are both in her husband's name (he abandoned her and their children)?

    submitted by /u/DullBeauty
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    [VIRGINIA] resign or be terminated because I exhausted FMLA and disqualified from commercial driving due to disqualifying (legally prescribed) medication

    Posted: 09 Mar 2021 12:05 PM PST

    I exhausted FMLA and because I couldn't pass DOT physical, I cannot do any job involving commercial driving. My HR director us giving me 2 options:

    1. Submit a resignation. You always can apply for another position with the City at any time that does not involve driving a city owned vehicle or require a CDL, however you will still have to compete for whatever positon you apply for.
    2. If you do not wish to resign, unfortunately we have no other choice but to separate you from employment.

    I want to apply for unemployment benefits. I am disabled, just unable to drive a commercial vehicle due to disqualifying medication. So looking for medical waiver for unemployment benefits, which my doctor said she would sign. What are the consequences of these options? I am unsure there is really any good positions for the company, it's small city government and people stay for 30 years for their pensions.

    submitted by /u/yourkillingmesmalls9
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    My wife is being wrongly accused of stealing an earring in a house that she used to work as housecleaner.

    Posted: 08 Mar 2021 07:42 PM PST

    The house owner called saying she is making a report. She worked there from October 2019 until the end of December 2020, and she contacted her today (03/08/2021). The jewelry is missing since December as she told. On January she messaged her asking for her full name and address, we thought it was weird but whatever. And after that she never called again to schedule another service. But that happened before because of covid, and my wife got another job already and we didn't think about it again until today. How should we proceed in this situation? We migrated 2 years ago and we are worried of what this can cause to our citizenship process, besides that is something that really sucks for both sides, but we have no idea how to prove anything, it's just her word. It was her daughter's earring and it seems that she even went to her college that is in another city to look for it. Can she accuse someone of stealing like this? Even when she considered she lost it before? My wife won't stop crying and we are really stressed out right now, any help would be greatly appreciated!! Thank you

    Edit: we are located in NY.

    submitted by /u/cahems
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    I recently designed a sort of toy and started selling them. Many people have told me I should patent my design.

    Posted: 09 Mar 2021 05:06 AM PST

    Carrying on from the title. Shortly after making a listing on etsy with my product I had a hand full of people order them as well as a company ask to buy them from me to stock in their online store. With this all happening a number of people have suggested I get a patent for my design and while I'm fairly certain I couldn't actually get a patent as the mechanism used isn't of my own creation I would definitely like to protect my idea and my product with some kind of commercial licence or something like that( sorry, I really don't know what it would be called but I hope this is clear enough).

    Btw, I'm from Australia, if that makes a difference

    submitted by /u/Standard_Pickle
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    (AZ) Hospital will not give me an MRI specifically because I DO have insurance? WTF?

    Posted: 09 Mar 2021 01:56 PM PST

    My oncologist needs me to get an MRI within the next week and the only place in town to do that is at the local hospital. When I contact the hospital they said that unless I pay them CASH they will not give me an MRI for at least 2 months. They said that absent an emergency, anybody needing to use their insurance to pay for diagnostic imaging must wait a minimum of 1 month.

    What the fuck kind of nonsense is this? How is it legal to deny medical care to someone due to HAVING insurance? And, yes, I consider this denial of service because I could be dead by then if my doctor doesn't get to see my results. 😠😠😠

    submitted by /u/CanIGiveACarAway
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    Family member hung himself in jail at 20 years old; Jail is saying it will cost $200 for his mother to "see" him. This person had previously threatened suicide under arrest circumstances, and was not under any additional watch. Any advice is appreciated.

    Posted: 08 Mar 2021 08:23 PM PST

    As the title states, a young family member has committed suicide, and the rural Colorado county jail is telling his mother is will cost her $200 to see him.

    His mother is understandably hysterical, so any information is helpful, as this is something many haven't been through. This just makes no sense at this stage, and some guidance would be so very appreciated.
    Thank you, in advance.

    submitted by /u/Hephf
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    [CANADA] Neighbours want to plant trees that will choke out our garden

    Posted: 09 Mar 2021 01:45 PM PST

    Does anyone have experience with this? The sun comes from the direction of their property, and they want to plant a line of poplars along the fence between us, (and erect a 6 foot fence, instead of the current 4 ft) for privacy. We have a large vegetable/herb garden, 12 berry bushes, native wildflowers, and 3 small trees of our own that will no longer receive the necessary sunlight. The 6 foot fence alone will block half our veggie garden, but with the trees almost our entire backyard will be shaded. We just bought this house 2 years ago, and the sunny backyard and garden were huge selling points for us.

    Do we have any rights here? Can we stop them from planting the trees? I'll be devastated if we can't garden back there anymore!

    Thanks in advance, everyone!

    submitted by /u/Aluushka
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    I'm almost 30 years old. My birth certificate shows the wrong man as my father. Can I have my birth certificate changed to name who my real father is?

    Posted: 08 Mar 2021 10:45 PM PST

    I live in Illinois.

    Long story short, my mom cheated on my bio dad with a man she would marry several years later. She divorced my bio dad. I'm not sure if she doubted who my father was, but for whatever reason my birth certificate lists my stepdad as my father.

    This is incorrect, and I want my bio dad to be listed on my birth certificate. Can this be changed and updated? He and I had a DNA test done. He is indeed my father.

    To complicate matters: my dad is in poor health and I don't know how long he will live. Can I make the changes to my birth certificate if my dad is not alive?

    To complicate matters further: my birth certificate also lists my last name as my stepdad's last name. I want to change my name. If I can change what's on my birth certificate, should I change my name before or after doing so?

    submitted by /u/throwaway39790
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    There are no significant marital assets that aren't gifts/inheritances on my side. We had an antenup agreement. What is the California court going to do on splitting assets?

    Posted: 09 Mar 2021 01:02 PM PST

    The title is the question.

    Me and my ex agree that he doesn't want any things or money or my businesses. The house and cars and money were mainly inherited and/or gifts to me from family/friends. So that makes them considered separate property that isn't divisible according to property division law.

    We also had a prenup that said what is his during the divorce leaves with him and with me, the same.

    What is the Cali court gonna do with assets?

    Because right now they threw out my prenup saying that it is 'unfair' to my ex, who explicitly wants the assets to be split that way. He recognizes that he gambled/gave away/was irresponsible with his assets and he also wants me to have stuff for our son that is staying with me. He also knows that the things i own are mostly inheritance/gifts and that doesn't count. Its so hard because both me and my ex agree on what we want and the court won't honour it. What do I do? Should I just give him the things (if the court orders it), which he's inevitably gonna give back to me afterwards (I have spoken to him about this and that's what he says)??? Also note that he's not going to be completely destitute as he has family that he plans to stay by.

    Can the court decide to overrule the "gifts aren't community property" rule?? That's what my attorney (who i don't trust) is saying to me and I'm suspecting this isn't true.

    submitted by /u/IllustriousMinimum2
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    Civilian Boss fabricated paperwork while on military orders.

    Posted: 09 Mar 2021 12:57 PM PST

    Georgia,

    So this is a little long-winded please bear with me here. So I worked for a company for three years and joined the reserves. About a year and a half into working for this company I decided to join the reserves to chase what I had been willing to do for a while but put off. Upon returning form training a notice that my bosses attitude to me changed heavily and I was constantly being reprimanded for what would be normally not ever punished or allowed to slide. After attempting to get back on track with my jobs good side I volunteered to work in the areas and coverages that no one wanted to pick up to be a "team player". I got a complaint from a customer a week after New Years that I was not responding fast enough to the account requests. Around February.

    Summer training came around and I told my boss and my HR department that I would need to take military leave. About a month before military leave I had a customer quit their position and the replacement was someone from within our company.

    We employed our customer with a liaison from within our own company to keep a working relationship for the account.

    when I came back from summer training I was handed a reprimanding and probation period stating that A customer "requested for me to no longer work in their account".

    The dates that was claimed was while I was in fact already on military leave (IN THE SUMMER) and was not even working with my civilian job. The only complaint occurred from February. Hr notes all incoming complaints.

    First off I was confused. The customer was an in-house employee.... Not thinking anything further of it I just thought this is a non factor i am not willing to cover that area either. I didn't see the bigger picture. This started a longer period of "falling short of meeting metrics" that had NO BEARING on my probation period for complaints. So I started to notice a pattern and I call HR to enquirer what the procedure was about probation and metrics vs probation and complaints. Then they confirmed it "This seems retaliatory." I was slightly relieved ....

    A Week later at the end of that period it was used as a reason to fire me for "not improving on customer relations". Regardless of not having that account anymore or even getting another complaint to my name. HR also didn't look further into the retaliatory comment from their side after "agreeing".

    So my question is did they violate any laws lying about me while on reserve orders. And who do I reach out to? Jag? Civilian lawyers? Also I fell outside of retaliatory statutes of limitations.

    Type this pretty fast please bare with me.

    submitted by /u/FluffyCollection4925
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    Should I call a detective back?

    Posted: 09 Mar 2021 12:56 PM PST

    I just got a voicemail from a detective saying he is looking for Mr. + MyLastName. I have no idea what it is about. I know I am not legally obliged to call him back, but should I? I think if it is something serious he will call me back again, but if that is the case would not calling back have any negative impact on my dealing with whatever it happens to be?

    submitted by /u/SackOfFlesh
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