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    Wednesday, November 24, 2021

    Legal Advice My mother intends to "keep" her parental custody over me past 18 because I have a diagnosis of autism. Is this legal and can I prevent this?

    Legal Advice My mother intends to "keep" her parental custody over me past 18 because I have a diagnosis of autism. Is this legal and can I prevent this?


    My mother intends to "keep" her parental custody over me past 18 because I have a diagnosis of autism. Is this legal and can I prevent this?

    Posted: 24 Nov 2021 07:44 AM PST

    Okay, so a bit of background. I'm currently 17F and I have an active diagnosis of autism. My parents are divorced and I have been living at my mom's for about 2 years due to the situation at my dad's place not working out.

    My condition does not need any special treatment. I stopped being on medicine at 11, I do not have any direct special needs and I'm currently undergoing education just like every other minor. The diagnosis comes mostly from behavioral aspects and I'm honestly not very great at socializing. I believe the most I might need is just therapy to have someone qualified to talk to, and that's a bit of a stretch.

    However, my mom is on a completely different opinion. She believes my diagnosis is very severe and that I need all the benefits she can garner for me. This is mostly financial. She recieves a good sum of money in government support and often tries to wage her way into benefits using my disability. An example of this is her trying to get discounts from stores or using parking spaces even though I am physically able and don't need it. I believe it's purely for her own greed.

    I wish it ended here, but she has also forced me out of my signature to sign various documents. One of these was the one that would allow her to get government support off of my disability (which yet again, I don't need.). She told me directly that if I didn't sign it, she'd send me back to my father's place. Since that isn't my wish, I was forced to do it. This manipulation is also the reason my disability is listed as "severe".

    Recently, we had a bit of a clash. I told her I couldn't wait to stop being forced to go to therapy once I become 18 and she told me that it will not end at 18, because she'll still be my legal guardian then due to me "not being able to think for myself because of autism". Is this legal? Will she still get support money then? What can I do? Can I get help now or do I have to wait until I'm 18?

    If it helps, I live in Estonia.

    TL;DR mother purposefully arranged for me to be severely disabled so she could reap the financial benefits and I am afraid she'll continue past 18 as she has said before.

    submitted by /u/LumetormiAeg
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    Neighbors put security camera on my porch

    Posted: 24 Nov 2021 03:48 AM PST

    On, not pointed to, but literally on. I'm not sure where to report this or if I can even report it to begin with.

    CT state. This is a multifamily home. The couple that live upstairs are very spiteful and have been doing small things like tipping our trash over and keying the cars.

    But the main issue right now is they installed a Ring Doorbel camera (yes it's a doorbell, not sure why) on our porch wall.

    We rent out the bottom which is the front porch, but they have a porch on the top for which all their packages come.

    Landlord will not interfere. It makes me uncomfortable that I cannot use my front porch without being watched. Any advice is appreciated.

    submitted by /u/SOSFinance
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    Incorrect appliance delivered and installed, delivery company wants to come and take back or will call police.

    Posted: 24 Nov 2021 07:35 AM PST

    I live in Pennsylvania and just bought a new (old) home. As a moving-in present, our parents bought new appliances from Home Depot with install and haul-away services.

    The new appliances arrived, but the delivery drivers indicated I would need to remove all dishwasher and stove connections because they don't know how to. I performed all of this work, even though I have a receipt where it was paid for.

    The refrigerator is missing leveling legs, so now it rolls around freely. I sent a request to Home Depot to have these legs delivered, but they "don't know" when they can obtain them.

    Today, two days after the delivery and I personally installed these appliances into the cabinetry, the delivery company called to inform me I received the wrong model of stove and they're coming Saturday to rip out my newly installed gas stove and give me the "right one".

    I said, absolutely not unless I receive compensation for the install I never was provided, the refrigerator leveling legs, and a person to install the other gas stove because I will not do it again. They told me they will arrive on Saturday, and if I don't open the door they will call the police.

    I called the Home Depot store, and they've corroborated this. It's also the day before Thanksgiving, so I'd love to engage a lawyer to know my rights but it is very short notice.

    Any advice or tips to deal with this? We do not want police involved, we haven't done anything (other than install our own appliances via sheer power of will and YouTube). Thank you for any help!

    Follow-up: For anyone following, I really appreciate the advice we've received. You have all been so kind to take a moment, especially with a major holiday tomorrow. In line with a multitude of advice we've read on here, we spoke once with the delivery company (after they called us) and let them know we will only work through Home Depot to resolve this as we have no contract with them. We also let them know any correspondence they'd like to have directly with us now needs to be through certified mail, since their phone representative threatened calling the police on us. Home Depot has spoken to the delivery company, and I believe are backing off a bit on the aggression and realizing we have done nothing wrong, and didn't aggressively call them or badger them when they didn't hold up their end of the bargain about the install, and seem to be more actively assisting with the refrigerator leveling feet issue. It feels like the pressure is starting to deflate, largely due to advice from you all here. Thank you so much!

    submitted by /u/Jaromir1729
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    Protecting an old graveyard from a new landowner?

    Posted: 24 Nov 2021 03:28 PM PST

    TLDR: This is random and a bit weird, but I've recently been asked to pay to relocate the graves of some of my ancestors in Ohio, and I'm wondering whether I have any legal options against the graveyards current landowner.

    Long version: A couple of weeks ago I (and several other distant relatives) were contacted by an investigator hired by an Ohio landowner. The landowner recently purchased a farm that apparently belonged to some of my ancestors, and contains a family cemetery with burials between the 1820's and 1902. There are about 30 graves in the yard, including several of my direct ancestors. I don't live anywhere near Ohio, and had no idea this graveyard existed until they contacted me.

    The investigator and landowner sent photos showing that the graveyard is in very poor shape and hasn't been maintained in nearly a century, and the new owner wants the graveyard gone. When I, and one of my distant cousins, offered to hire someone to clean up the graveyard, the landowner's real plan was revealed. Apparently, this property (and several adjoining properties) are being subdivided to build luxury homes. The graveyard is located in a wooded area alongside a very large natural pond, and the pond is to be the focal point of several properties. A visible graveyard doesn't fit their planned luxury vibe.

    The landowner informed us that we'll be receiving a formal demand by certified mail soon. He will be asking us to relocate all of the bodies out of the abandoned cemetery (at our expense), or he will begin the process of having the graveyard formally declared abandoned so that he can destroy it (which, according to him, would probably involve digging them up and cremating whatever remains are found).

    Is there anything we can do to stop this? My ancestors have been buried there for nearly 200 years, and the landowner purchased the property knowing it contained a graveyard. The burials include a veteran of the War of 1812, and the son of a soldier from the Revolutionary War. Is there any way to fight the cemetery's removal, or does the landowner hold all of the legal rights here? At a minimum, is there a way to force the landowner to pay for the relocation, since he's the one demanding it be moved? I've been told that it will likely cost a half-million dollars to move all 30 graves to a nearby cemetery, which isn't something I could ever hope to do. The landowner kept saying that we've lost any rights to it because it was abandoned and unmaintained but has also been adamant that he will not allow us to access the graveyard or hire anyone to maintain it. He bluntly said that he's "being nice" by going through the expense of tracking us down and giving us the opportunity to move the graves, but that we have no legal claim on the property and that removing it is a "done deal that just needs some paperwork completed".

    submitted by /u/LeaveTheDeadAlone
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    Computer Tech copied 15k porn images, medical documents of others and spreadsheets of blackmail information on people onto MY hard drive while 'recovering my data' Need legal advice

    Posted: 23 Nov 2021 11:56 PM PST

    I will try to keep this as concise as possible but details are plentiful.

    TL;DR = computer tech copied someone else's porn, med records and what appears to be surveillance spreadsheets/blackmail spreadsheets onto my computer. Wanting to know my legal options

    I had failing hard drives that needed data recovery, contacted local repair company that was well reviewed on google. Owner confirmed he could likely do the recovery and we setup a time for drop off.

    Total data needed recovered was 2TB. It took him 4.5 weeks. Multiple trips in to pick it up because it was "finished" revealed there was a lot of data missing. My initial dropoff of hard drives included him removing his shirt in front of me for supposedly spilling ink on the front, repeatedly being told to shut up and that I'm stupid. (sticks and stones but giving context).

    The final time of going in to get my "recovered" drive I discover there have been several hundred pornographic images copied to my hard drive. I ask him why these were on my hard drive, he brushes it off claiming that they are not his and clearly mine. (Assuredly they are not).

    There was still data missing which he claimed was irretrievable due to the platters being scratched. A point he would only know had he physically opened the hard drive, which, he did not. It appears the most pertinent data had marginally been recovered and by this point he had kept my drives for 4.5 weeks with continual delay and excuses for the work not being done, or, worse yet: total lack of communication and refusal to respond to email/phone calls.

    This cost me $750.00 along with refunds to clients, missed contractual deadlines and I don't know what the going rate is for emotional distress during the process but I hope there is at least a going rate of some kind. Once I get the drives back to my office I discover that 20% of the data that should have been recovered was missing and in its place, (renamed to my naming system for work) are nearly a thousand pornographic images.

    I contact Seagate and explain the situation, they have me send the drive to them to remove the platters and hopefully restore the data.

    I received the restored drive today and the level of violation is fairly substantial along with the fraud and negligence.

    Though my original hardware only showed me a few thousand images that were not mine nor did I authorize to be put there, it was at the time evident additional files existed and were hidden in some fashion. The newly restored hard drive I received today contains well over 30,000 files, the majority of which consist of the following:

    • Fully nude images
    • Sex acts including penetration, oral sex, BDSM
    • Obsession material of one woman in particular that her face was photoshopped onto naked women's bodies
    • Video files of sex acts
    • Drawing depictions of sex acts
    • Nude selfies of women
    • Unemployment documents of a gentleman who is not the technician and has been deceased since 2019, containing address, date of filing, email address and full name
    • Credit card dispute legal document of a woman with full credit card number, name and address
    • Medical records of another individual (eye doctor prescription scanned)
    • html files of a people finder search with a woman's name and full address history, DOB and known relatives
    • And the most unsettling of it all --if there can be a classifier for that-- there are 5 spreadsheets of information on individuals containing the following:
    1. Nickname
    2. Alias
    3. Legal Name
    4. Identifiers: (children, accent, other biographicals and marks and black mail type info. )
    5. Country/state
    6. IP/VPN/HOST
    7. Known group individual is a part of (anonops, US military, anonleaks etc ...)
    8. Socials: twitter, youtube, personal website, facebook
    9. Email
    10. Phone number, skype ID,

    Here are a few examples (withholding real names and changing some of the minor descriptors to protect identifies of these people but this is fairly close to an actual entry in this spredsheet)

    Name: Walter Black
    Identifiers: Transgender, works nights, former marine, tried to send a java trojan
    goes on to list state/city, contact info and socials.

    Nickname: Other_Ego (no legal name listed)
    Identifiers: Speaks German/Dutch, grew up in Gera, Controlled LOIC for OP Payback

    These spreadsheets have a website address on them of an organization that has been linked to outting Anonymous members.

    What, if any, are my legal options? I'd at the very least like a refund but if it's within the statutes -the loss of work, loss of funds, damage to my business reputation as a result of him holding my data for weeks on end and not producing what he assured me he could. (Ironically what he claimed was irretrievable was fully recovered along with the 4TB of other data in 8 days vs his 28).

    If anyone at all has suggestions or can point me in a direction-- I was set on walking into his business tomorrow with copies of what I think are specific laws broken in my state, and give him an ultimatum but, I want to do this the legally responsible way since there is private info / images on this drive.

    If you've read this far, a million thank you's.

    Cheers
    ~Midwest Photographer

    submitted by /u/Midwest-Photographer
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    Company threatening to fine me for use of their website

    Posted: 24 Nov 2021 07:39 AM PST

    I left a negative review on the website of a company that kept spamming my email for a review. Attempts to unsubscribe, and emails to the company went unanswered until now. The review was left on the product they continually requested the review for; not the company itself.

    Later I received this email:

    "Hi _________,

    We never sent you any request for a review. That must be a function of Yotpo…we did not even know until today that they did that. And we certainly didn't know that they apparently ruined your life asking for reviews more than once. We will contact them and find out how to stop that from occurring.

    I must say, I think most people would find it pretty excessive to give us a one star review for something so trivial, especially after we gave you something, for free. The decent thing to do would have just clicked 5 stars and be done with it, or emailed us and asked us to look into it. You are the first person in 14 years to ever complain about this issue, and the only one star review we've ever received.

    Since it would obviously be very hard to make you happy, I am afraid we can not assist you anymore. So, you are hereby banned from any use of our site. Any attempt to use our website will be considered theft, and will be treated accordingly. Any attempt by you or surrogates to violate this ban will result in a charge of $100 per each attempted or actual purchase or download. In other words, no more free use of our website, including browsing.

    We wish you the best,

    RAF"

    While there are many ways to privately browse and prevent this, I have zero plans of giving this company any business. Including traffic to their website. I found this to be a comedic response to a negative review, and was also curious on how enforcing this is legally possible?

    Thank you in advance, and I apologize if this is the incorrect forum.

    submitted by /u/eapr207
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    Been Subpoenad for information of work done decades back. How do I go about the old harddrive

    Posted: 24 Nov 2021 02:37 PM PST

    Hello and thank you for looking. In Illinois and got subpoena to provide all information partaning to our client. We do landscaping. The problem is our custom bidding program started dying and it was DOS base (Anzio) so we moved to a cloud base program (6 years ago). The last computer that could read anzio died 2 years ago.

    So I do not mind handing over the hard-drive but is there a way to get it insured incase of damage or a way to have the lawyer sign a document stating he is now In possession of it and will be liable for it.

    Most likely we have no need for anzio but it does have 33 years of business data for our company.

    Thank you for any advice

    Edit: this is for a property line dispute

    submitted by /u/Jackalopekiller
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    Can my landlord give a key to my apartment to my neighbor?

    Posted: 24 Nov 2021 01:53 PM PST

    Some background info before I dive into this. My husband and I have lived in our apartment for two years, it is almost like a duplex, 1 house, 2 side by side apartments. The neighbor has been a long term tenant having been in her side almost 20 years. She is also in my opinion a little mentally unbalanced (to put it in nice terms).

    In the early morning hours of 11/21/21 she smelled an odor, which I did as well when I woke up to use the bathroom. I knew a skunk had sprayed very close to the house, which happens fairly often this time of year as there are several that roam our neighborhood. I went back to bed and was starting to fall back asleep when I heard voices in my living room. She had called the fire department and although they said they knocked, I never heard anything despite the fact that I have a small apartment and my bedroom door was open.

    She had allowed the fire department to enter my apartment with a key that she has. Needless to say, there was no fire, and no indication of a fire. I spoke with my landlord about how uncomfortable I was with this whole situation and the fact that she has had a key during our entire tenancy without our knowledge. The landlord seems to be brushing off my concerns as he says he trusts her (he also lives 45 mins from our home) and that he was the one to allow the fire department into our home over the phone.

    I feel like this is a huge invasion of privacy and I've been having panic attacks at night/not sleeping very well since this has happened considering that my home was broken into twice previously several years ago. There is also no provision in our rental agreement that states a 3rd party may have a key to our apartment. Do I have any legal recourse? I'm not looking to sue anybody, I just need peace of mind until we can get a new place.

    submitted by /u/ECaprood83
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    Trying to adopt a dog, are these contract provisions even enforceable? Seattle WA

    Posted: 24 Nov 2021 12:26 PM PST

    We're looking to get a dog, and a lot of the rescues around here have provisions in the contract that seem absolutely insane. Here's an example from one of the few places that post the contract online.

    "To allow a PSR representative to examine the dog and its living conditions at any time, and to surrender to said representative custody of the dog immediately if the conditions are found unsatisfactory or if the terms of this agreement are not kept."

    So, essentially they want me to agree that at any point for as long as (they believe) the dog is alive any random volunteer from this group can just show up at my house, demand entrance, inspect every inch of it, and then take the dog away if they feel that the conditions are in some undefined way unsatisfactory. That's insane!

    Other clauses I've seen including listing the rescue as essentially a backup owner with a microchip service, never transferring ownership (including between family members so good luck if your kid grows up and wants to take their dog with them I guess) and a lot of other stuff that just seem wildly over reaching. This has unfortunately led to us passing on a lot of dogs that would otherwise have potentially been a good fit. I would never sign a contract with provisions I wouldn't live with even if they're unenforceable, but I was thinking that if I could show them that what they're asking isn't actually doing anything they might agree to amend the contract. Any thoughts?

    submitted by /u/Corvus_Antipodum
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    Downstairs neighbor keeps violating their lease by smoking cigarettes indoors. It's flooding my apartment with cigarette smoke. What can I do?

    Posted: 24 Nov 2021 12:16 AM PST

    In my Cleveland OH apartment, my downstairs neighbor is some sort of chain smoker. Whenever they're home, cigarette smoke blows into my apartment through the heating vents. It wasn't so bad during the summer, but now that winter is rolling around, I need to choose between choking on second hand smoke or freezing. I'm asthmatic and cannot use my heat when they're home without wheezing. I've reported their smoke to my landlord several times, and the landlord has acknowledged that the smoke is a lease violation. It is very important to me to live in an apartment without smoke. Do I have any legal grounds by which to pressure either my landlord or neighbor to resolve the situation? Anything from my landlord covering the difference in my electric bill from using space heaters, to forcing my downstairs neighbor to stop smoking, installing additional filters in the air system, or anything else.

    submitted by /u/KumquatCanesword
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    Client won't pay freelance design invoice.

    Posted: 24 Nov 2021 07:56 AM PST

    Hello legaladvice,

    A couple of weeks ago I created 5000 NfTs for a cryptocurrency market analytics team that aims to give predictions on the market. They were and are asking £2000 for each of these coins. In my initial invoice I asked for the high sum of £375,000 since I knew they were making 10 million and they had multiple times changed the scope of the project, making my job more difficult, but comforting my stress with the fact that they were "increasing the budget".

    They strongly rejected my invoice and proposed £30,000 which I accepted. I explained that I had to shoot my shot seeing how lucrative the project was and my asking price would be a fraction, but that 30,000 was also a fair price and sent them a corrected invoice. One of their team members however accused me of pulling off a "stint" and blocked me. After a week of silence the team let me know that they will no longer be using my art (after they already used it on social media to promote their NfT and successfully sell more than half) and will not be paying me for my two weeks of full-time work.

    I, unfortunately, didn't sign a contract, as this started off with some casual designs that I was volunteering with and which later turned into this massive project that made me extremely stressed but motivated because I knew they would pay me well. Is there any sort of legal action I can take. I only have their Discords, Website and a couple of emails.

    I appreciate any help I can get. I live in the UK and I am fairly sure the boss of the team is from the UK but seeing how they work in crypto and probably avoid taxes I'm not sure if they are based in the UK.

    submitted by /u/curiousjerry
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    Separated for nearly 10 years, now seeking divorce. Live in separate states. Unsure where to begin?

    Posted: 24 Nov 2021 12:44 PM PST

    I suppose a Google search would turn out answers, but I'm not entirely sure I trust the ad-paid links.

    We've been separated for nearly 10 years, married October 2012. I live in Georgia, USA. She lives in another state, Ohio maybe, I'm not sure. We've not been in contact since the summer of 2013. The divorce is long over-due, but I guess neither of us have really tried pursuing it. I'm unsure of how to proceed at this point.

    Are "online divorce" services reliable? What exactly do they provide, and how much footwork do I need to put in? Will I need a lawyer in the end, no matter what?

    There's literally nothing to split, or was split. We never built assets, debt, nothing. No children. I support myself solely on social security disability right now. I imagine that's not something she can petition for?

    Thank you in advance.

    submitted by /u/spaceguitar
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    Friend got an eviction notice after paying her rent a week late. The name on the notice hadn't been on the lease in 3 years.

    Posted: 24 Nov 2021 02:24 PM PST

    [US-GA] This isn't me, but a friend. She was a week late on her rent, paid it, but the landlord served an eviction notice anyway. However, when the notice was received, it named a tenant who hasn't lived there or been on the lease in 3 years. Would the eviction notice still be valid, or would the leasing agency have to refile the notice?

    She's out of town visiting family for the week, so I'm the one who actually went and saw the notice while checking on her cat. It was posted on the door Monday 11/22. She called the leasing office, got them to find the payment she made, which they did, and they said they'd stop the eviction, but they're dodging her calls now (she's trying to get some kind of confirmation). She's worried they're going to change the locks and throw out all her stuff, which I assured her is illegal.

    UPDATE I just got off the phone with my friend, trying to explain everything and not only did the file against the wrong person, she no longer even has a lease! She's been month-to-month since 2019, which means, under GA law, they legally have to give her a 60-day notice before filing for eviction, which they did not do. This leasing office has done absolutely everything wrong.

    submitted by /u/ClaireAsABell87
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    [FL, USA] Landscape company never delivered part of order and lost shipping documentation due to employee turnover. They're saying they can't issue a refund because I don't have my receipt.

    Posted: 24 Nov 2021 09:55 AM PST

    This was roughly 8 mos ago and I've been patient since they've been consistently out of the rock since I ordered (and I didn't want to lay any rock in the Florida summer). Well I finally asked for a refund today and they're telling me they can't refund it because I have no proof saying they didn't deliver it. When I called a couple weeks ago, they had the documentation in hand and were able to see that they hadn't fulfilled the order. Is this legal? What can I do?

    submitted by /u/windingriver17
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    Freezers we bought has been unusable and Frigidaire won't replace it

    Posted: 24 Nov 2021 07:48 AM PST

    We bought two Frigidaire freezers of the same model and they've both developed issues with maintaining inner freezing temperatures within the month of owning them. All of our frozen food thaws completely. There is no refund policy. We have contacted CS about it 10+ times in the 10 months (it takes then minimum 2 weeks to schedule an appointment after we tell them it's still not fixed) and they've sent over at least 7 different mechanics, none of whom could fix it. They would all "try" something. Machine would be beeping again by that evening.

    Frigidaire refuses to replace or refund these Machines, refuses to escalate the issue in anyway, and according to one mechanic, this is a known issue with the machine within the company. They're still selling these unusable models and there's no end in sight with the "fixes." This can't be legal, right? Is there literally anything we can do?

    Additionally: Just the amount of food we've had to toss because of these faulty machines is enough to cover how much they cost. These are not small freezers. It's stressful, time consuming, and more than anything really disrespectful from Frigidaire. It's honestly a scam. They even had the audacity to tell us our service warranty is ending soon even when they haven't fixed our machines.

    submitted by /u/naerial
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    My husband has a single wide trailer in which the loan is under his name and his sisters.

    Posted: 24 Nov 2021 03:46 PM PST

    Currently, my husband has a single wide trailer in which he shares with his sister. We had lived there when we first got married but due to circumstances I no longer felt comfortable living there with her. We moved about 2 years ago to a city that is an hour and a half away from the trailer. Ever since then we have been paying rent without living there due to his name being under the loan. Recently, he received a call that we had not been paying the lot rent but a week prior he had sent the money to his sister a week before. He contacted his sister and she stated she was unable to pay due to having financial problems with a "tanda". My questions is would we be able to get his name off of the loan? Or what could we do? He said he's planning to save up and pay his half of the trailer but his name would still be under it.

    submitted by /u/jessiarua
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    How to get served legal papers if I might be hard to reach?

    Posted: 24 Nov 2021 03:07 PM PST

    I want to be served.

    I'm rarely at my home address, there isn't a mail box and I do not think the door bell works. It's a big house, and I live in a part that is away from the front door. So if the one who is trying to serve me is trying for my home address, I doubt they would succeed.

    For work, the compound is locked. Anyone trying to serve me would either have to serve me as I'm entering/leaving my building or would have to basically request that I come to the waiting area. I would come, as I want to be served. Although, another caveat, there are multiple buildings.

    Should I try to contact the local sheriff's department and explain? I realize anyone can serve, but I'm not sure what to do. I am worried the proceedings will go on without me. I live in Wisconsin.

    submitted by /u/adamaero
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    Old Employer Installed Remote Access on my Private Laptop without my Knowledge

    Posted: 24 Nov 2021 05:05 PM PST

    Hello! So, I worked as a consultant for a company in a very high position. When I left the company, I had to allow them to delete everything so as to not let any company secrets come along with me. Not a big deal for me. I basically had my computer refurbished.

    However now 9 odd months later, turns out that the company still had remote access to my computer, and I opened up my laptop as they were deleting files remotely (files pertaining to my new company). Meaning they most likely also have all that information they deleted too (very private and secret company specs/info). I have screenshots and videos of this happening. And will have to go to some computer place to see if they can help look at my computers logs to see if we can prove it even further.

    Is there anything I can do legally against my former employer? I feel like this is quite a serious offence. However they employed a third party for the data wipe etc. These deleted files could end up costing me a lot and I would rather try go after my old employer, not the third party doing as they were told.

    Obviously I am going to my lawyers office today

    submitted by /u/chrihall
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    Encroachment and a shrub in VA

    Posted: 24 Nov 2021 01:12 PM PST

    I need advice on how to proceed with a shrub removal that is on our property in line with our fence. Our fence is 3 feet into our property and has a shrub that has grown into the path of the fence. The shrub is also on our property.

    The problem is our neighbor swears that there are encroachment laws in VA and I am not able to find anything besides Fancher v. Fagella, 650 S.E.2d 519 Va., 2007.

    Our neighbor is telling us that because the shrub roots are on his property that we cannot cut down this shrub in order to complete a fence that the previous owners installed. My understanding is that since the shrub and fence are on our property it is up to our discretion as to whither we leave it or remove it.

    The neighbor does not have anything near that shrub to which it can damage, he just likes the foliage and does not want us to complete the stone fence. So my question is, are we able to complete the fence and remove the shrub?

    submitted by /u/Einstein20192021
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    How to get family dog back? (Wife name is listed as parent/adoption and ownership)

    Posted: 24 Nov 2021 04:43 PM PST

    Hi Reddit,

    My Wife had the sweetest dog I've ever met. Certainly one of my favorite souls I've ever been privileged to meet. Due to a number of circumstances, my wife wanted to move in order to reset things for a number of reasons. While in the process of moving, she allowed her ex-husband to watch her dog while she situated herself. Obviously this was a mistake, so please don't comment on this, she realizes this. This arrangement wasn't that unusual for them to do as they shared the house together and a number of smaller things together as she finally separated herself. They also had a mutual understanding and relationship so this wasn't something to be cautious over previously.

    My wife owns the dog 100%, she has the paperwork, adoption papers, and the dog is micro-chipped with her name as the owner. The ex-husband does not have his name on anything regarding this dog. Unfortunately, once the divorce and house sale was finalized, the ex-husband essentially vanished and is ghosting my wife while keeping the dog against her will, her child's will, and frankly, my own will.

    My question for you, Reddit, given that my wife and her name are on everything regarding this dog, what are our options on re-obtaining this beloved pet? I am interested in going through proper channels to get the dog without drama. Is this possible?

    tl;dr: wife's ex-husband has beloved dog against her will. She has ownership and full legal right to this dog. How do we get her back?

    submitted by /u/vrossv
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    [Alberta, Canada] Renting an apartment-style condo. Tenant brought in an overweight dog, wants to bring in a "service dog" - Condo board threatening eviction of tenant and fines for me. What's my best next steps?

    Posted: 24 Nov 2021 04:33 PM PST

    I have been dealing with issues for this tenant pretty much since the day I started renting to him.

    For reference, I own a small, 1 bedroom + den condo in a smaller town where I used to live, prior to moving into a larger city and buying a house with my wife. I rent the condo because the market sucks and I'd lose money if I sold it. I charge enough rent to cover my mortage and condo fees and that's it.

    I signed a new tenant to a yearly periodic lease on November 1st, after my previous tenants moved out to move to BC. My previous tenants were a dream; I think in almost 2 years rental, I got maybe 3 texts total with any kind of issue.

    This guy seemed a little rough around the edges, but was polite enough. He said he works oil and gas and works 14 on, 6 off (relevant later in story). He said he has a cat and is recently divorced. The condo bylaws allow 2 cats or a dog under 35 pounds if approved by board. I put all this in the lease.

    About a week and half after he moves in, I get a call from the condo management company the board contracts. The tenant had a dog in my unit, a pittbull-type dog that was well over allowed weight, was being walked by the tenants girlfriend and was apparently aggressive - lady on the phone says it lunged at another owner. I called the tenant. He said it's his parents dog and he was dogsitting whilst they're out of town for the weekend. I said dogsitting or not, I can't allow an oversize dog in the unit. I mention the aggression - he says the other owner ran up to his girlfriend yelling about the dog being too big and not allowed and spooked the dog and his girlfriend.

    This is a new tenant and I'm trying to give him the benefit of the doubt. I say I'd like the dog gone after the weekend, as this was at 5pm on a Friday and I understand it's hard to find a dogsitter sometimes. I was trying to be reasonable and friendly.

    Tuesday at 3pm, I get another call from the board - dog is still there, they're sneaking it out the back of the condo building to avoid detection. I call him around 4pm, he says it's gone now, the parents picked it up 30 minutes ago. I go to to visit the unit that evening, have a brief chat with the gf re: pet policy; I don't see or hear any dog, but since I didn't give notice of a visit, I don't go into the unit.

    At this point, tenant promises the dog is gone and will stay gone. I think we're done.

    Fast forward to last week, I get another email from the management; the tenant called the management, said his girlfriend has a service dog and it's allowed and approved and apparently cusses this lady out. I call the tenant again; he has more excuses. I start by saying I don't want you being disrespectful to the management, and actually, I don't want you talking to them at all: Call or text me and I'll deal with it.

    I then get the info about the so-called service dog; this is a totally different dog than the pitbull from before. They have apparently been working on getting paperwork for a service dog for his girlfriend for several months now. I ask why he didn't mention this prior to signing lease, and he gives me a line about not wanting to bring it up until everything was confirmed. Okay, yeah, sure.

    Basically he says his girlfriend is a recovering alcoholic and has PTSD and is getting a service dog that will be over the condo bylaws weight limits. The dog isn't there yet, and won't be there until he gets the paperwork; I emphasize with him that I don't want any dog in the unit until everything is sorted.

    I do some (a lot) of Googling. It looks to me like the Alberta Human Rights Act and Service Dogs Act of Alberta forbid denying a person occupancy of a self-contained dwelling unit (i.e. the condo) because of a service dog. The condo people I talk to disagree and are threatening to evict the tenant and charge me legal fees.

    Several days of calls and emails later, today the condo people tell me they think the dog is the same dog as was in there a few weeks ago, and that it'll be a "comfort dog" not a "service dog." I've talked to the tenant several times confirming it'll be a legal service dog in Alberta with all associated paperwork, and he says it will be completely legit and it's also not the pitbull from before. But I don't have any paperwork yet. So I don't know for sure.

    Then I get a call from the tenant that the RCMP showed up at his unit and talked to his GF about the dog. He says the RCMP thought it was ridiculous they were called out and confirmed no dog was present. The tenant is pissed because he's out of town and he feels his GF is being harassed. I call the management again about calling the cops over this and they get super pissed at me, say I don't know what I'm talking about, their lawyer will be in contact, and to let people who know what they're doing, do their job.

    I've called a free legal advice line about 2 weeks ago, and also emailed the Residential Tenancy Dispute Resolution Service, asking for advice on what I should do; haven't heard back yet. I don't want to violate any rights. I also don't want to get a bunch of fines from the condo board. And I ALSO want to continue getting rent from the tenant (or have him move out and get a new, better tenant) so I can pay my mortgage, and I don't want him getting pissed if he gets evicted or just plain fed up and trash my condo.

    What's my best course of action here? I'm at the point of just waiting to see what kind of paperwork the tenant presents, and if it qualifies as a legal service dog or not. But I'm getting angry emails and texts from all angles and I'm so damned stressed right now, I just want to see if I'm doing everything right or if I should do something else.

    Thanks all.

    submitted by /u/MyWorldInFlames
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