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POST: As I'm writing this, my neighbors' workers are building a fence on our own property. [Wisconsin] I'm a college student on summer break, and I'm living with my parents near Lake Winnebago for the time being. They have surveyed on multiple occasions the area of land that the neighbor is currently building a fence on (he started building about 3-4 hours ago, in the morning), and the surveyor seemed to confirm that this was part of our property. My dad believes we must give up, believes we can't afford a lawyer to fight it and so on. It probably doesn't matter, but our property is on the lake, and that little land could be rather valuable if we ever sell the house and land. I'm just hoping to help my parents.
RESPONSE A: Its actually simpler than you think Ask the contractor that you want to see the survey report where it says that the piece of land is theirs. Take a picture with your phone. Then go to your local housing authority match the record, if the record doesnt match. Go to your local sheriff office, explain them everything. They will send one of their officers to handle the matter police doesnt handle these type of matters.
RESPONSE B: If your parents are willing to give up this fight, would they alternatively be willing to sell the area the fence is being built on? If they are contact someone who can write up some sort of agreement for you.
Which response is better? RESPONSE
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B
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POST: a couple inches to a foot so that it made sense with the landscaping. In November they committed to bringing in a lawyer and working together to figure out an easement that would keep things amicable. We never heard back from the neighbors or their lawyer. I left in April for a six month deployment to the middle east, so I'm not there to deal with this. My wife came home from work this week to find fence posts, sunk in concrete, in the original locations. She went and spoke with the neighbor's wife, who claimed that they had my go-ahead, that the contractor had said that there was too much rock in the neighbors yard so they put the posts in ours, and that the contractors were coming back on Monday to finish the work. We are looking for some more options. The neighbors want a fence, and seem to be refusing to take a hint or even listen when we say we are not going to donate 150 sq/ft of property to their back yard. I feel like we're being petty fighting over this, but I also feel like I should have to give up the back yard my kid plays in. Current plan of action is to call the contractor Monday morning and demand they stop work, then contact a lawyer to work a better plan. If they refuse to stop work then we call City Permitting and pitch a fit. MS Paint property line diagram!
RESPONSE A: Put up nk trespassing signs and call the police every time someone neighbor contractor etc comes on the property.
RESPONSE B: I’d call the neighbors or send your wife over one more time to reiterate that it is your property and the contractors will not be finishing anything Monday until this is resolved. Remind them that it will cost them more money in the long run to have it torn down and possibly deal with legal fees/court costs, and you don’t want them to have to deal with that when this can hopefully be solved amicably. But in the meantime, y’all aren’t going to allow trespassers to do work on your property. Hopefully your wife is off or can take off on Monday to make sure that contractors don’t trespass onto your property and possibly call the police if they don’t listen.
Which response is better? RESPONSE
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B
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POST: them, so there is a large rock retaining wall that wraps their back yard and comes about 3-4 feet across the property line on to our yard. The neighbors have two large dogs and a small child so want to install a fence. They put up a temporary snow fence around the outside of the rock wall about 4 ft on to our property, I went and discussed with them that this was not acceptable. I wanted to be neighborly and not make enemies with them since we had just moved in, they said okay and wanted to discuss what would be a workable compromise. I said I would work with them for a couple inches to a foot so that it made sense with the landscaping. In November they committed to bringing in a lawyer and working together to figure out an easement that would keep things amicable. We never heard back from the neighbors or their lawyer. I left in April for a six month deployment to the middle east, so I'm not there to deal with this. My wife came home from work this week to find fence posts, sunk in concrete, in the original locations. She went and spoke with the neighbor's wife, who claimed that they had my go-ahead, that the contractor had said that there was too much rock in the neighbors yard so they put the posts in ours, and that the contractors were coming back on Monday to finish the work. We are looking for some more options. The neighbors want a fence, and seem to be refusing to take a hint or even listen when we say we are not going to donate 150 sq/ft of property to their back yard. I feel like we're being petty fighting over this, but I also feel like I should have to give up the back yard my kid plays in. Current plan of action is to call the contractor Monday morning and demand they stop work, then contact a lawyer to work a better plan. If they refuse to stop work then we call City Permitting and pitch a fit. MS Paint property line diagram!
RESPONSE A: Put up nk trespassing signs and call the police every time someone neighbor contractor etc comes on the property.
RESPONSE B: Have your wife talk to your military legal assistance office: https://legalassistance.law.af.mil/
Which response is better? RESPONSE
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A
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POST: that this was not acceptable. I wanted to be neighborly and not make enemies with them since we had just moved in, they said okay and wanted to discuss what would be a workable compromise. I said I would work with them for a couple inches to a foot so that it made sense with the landscaping. In November they committed to bringing in a lawyer and working together to figure out an easement that would keep things amicable. We never heard back from the neighbors or their lawyer. I left in April for a six month deployment to the middle east, so I'm not there to deal with this. My wife came home from work this week to find fence posts, sunk in concrete, in the original locations. She went and spoke with the neighbor's wife, who claimed that they had my go-ahead, that the contractor had said that there was too much rock in the neighbors yard so they put the posts in ours, and that the contractors were coming back on Monday to finish the work. We are looking for some more options. The neighbors want a fence, and seem to be refusing to take a hint or even listen when we say we are not going to donate 150 sq/ft of property to their back yard. I feel like we're being petty fighting over this, but I also feel like I should have to give up the back yard my kid plays in. Current plan of action is to call the contractor Monday morning and demand they stop work, then contact a lawyer to work a better plan. If they refuse to stop work then we call City Permitting and pitch a fit. MS Paint property line diagram!
RESPONSE A: Have your wife talk to your military legal assistance office: https://legalassistance.law.af.mil/
RESPONSE B: Call permitting office when they open Monday morning and confirm that your neighbor has a permit. If they do, I'm sure the permit will show that the submitted plans did not include infringing on your property. The permitting office has the authority to shut down the job if necessary and to compel your neighbor and his contractor to honor property lines. If things get stinky you can pay the lawyers to get involved, but in most cases the municipal planning/permit office can get the involved parties to follow the rules.
Which response is better? RESPONSE
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A
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POST: they said okay and wanted to discuss what would be a workable compromise. I said I would work with them for a couple inches to a foot so that it made sense with the landscaping. In November they committed to bringing in a lawyer and working together to figure out an easement that would keep things amicable. We never heard back from the neighbors or their lawyer. I left in April for a six month deployment to the middle east, so I'm not there to deal with this. My wife came home from work this week to find fence posts, sunk in concrete, in the original locations. She went and spoke with the neighbor's wife, who claimed that they had my go-ahead, that the contractor had said that there was too much rock in the neighbors yard so they put the posts in ours, and that the contractors were coming back on Monday to finish the work. We are looking for some more options. The neighbors want a fence, and seem to be refusing to take a hint or even listen when we say we are not going to donate 150 sq/ft of property to their back yard. I feel like we're being petty fighting over this, but I also feel like I should have to give up the back yard my kid plays in. Current plan of action is to call the contractor Monday morning and demand they stop work, then contact a lawyer to work a better plan. If they refuse to stop work then we call City Permitting and pitch a fit. MS Paint property line diagram!
RESPONSE A: Live in Washington too. Neighbor did the same thing. Just get a real estate attorney. Worth their weight in gold. Don't wait like I did. In ten years with adverse possession laws, that will be their property.
RESPONSE B: Call permitting office when they open Monday morning and confirm that your neighbor has a permit. If they do, I'm sure the permit will show that the submitted plans did not include infringing on your property. The permitting office has the authority to shut down the job if necessary and to compel your neighbor and his contractor to honor property lines. If things get stinky you can pay the lawyers to get involved, but in most cases the municipal planning/permit office can get the involved parties to follow the rules.
Which response is better? RESPONSE
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B
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POST: not there to deal with this. My wife came home from work this week to find fence posts, sunk in concrete, in the original locations. She went and spoke with the neighbor's wife, who claimed that they had my go-ahead, that the contractor had said that there was too much rock in the neighbors yard so they put the posts in ours, and that the contractors were coming back on Monday to finish the work. We are looking for some more options. The neighbors want a fence, and seem to be refusing to take a hint or even listen when we say we are not going to donate 150 sq/ft of property to their back yard. I feel like we're being petty fighting over this, but I also feel like I should have to give up the back yard my kid plays in. Current plan of action is to call the contractor Monday morning and demand they stop work, then contact a lawyer to work a better plan. If they refuse to stop work then we call City Permitting and pitch a fit. MS Paint property line diagram!
RESPONSE A: Call permitting office when they open Monday morning and confirm that your neighbor has a permit. If they do, I'm sure the permit will show that the submitted plans did not include infringing on your property. The permitting office has the authority to shut down the job if necessary and to compel your neighbor and his contractor to honor property lines. If things get stinky you can pay the lawyers to get involved, but in most cases the municipal planning/permit office can get the involved parties to follow the rules.
RESPONSE B: A possible way of resolving this is *selling* them that little strip of land ~ something to consider if you haven’t already. (but definitely for getting a real estate attorney 👍) Edit/add - no, you’re not being petty. It’s a property *line,* not a property suggestion. Honestly they’re being kinda cocky blowing you off, I’d be annoyed too. Just remember, if you did decide to sell them the land, you can sell it for whatever it’s worth TO YOU. Personally I value my time and peace a lot and costing me those would reflect. 😁.
Which response is better? RESPONSE
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A
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POST: [NC] My neighbor is planting invasive and fast spreading plants on his property. Is there anything I can do legally to stop it? My house is in a small neighborhood surrounded mostly by woods. The neighborhood itself is quaint, with about.25 acre lots so we're all pretty close together. My direct neighbor has started planting Kudzu for ground cover in his tree beds that are only a few feet from the tree line. For those unaware Kudzu is a fast growing, invasive vine that spreads like wildfire here in the south. He has also planted Lily of the Valley, which I'm not sure is classified as invasive here but it sure as hell spreads like it is. Normally I don't meddle in the affairs of someone on their own property but in this case I'm worried my neighbor is going to let these plants loose on the neighborhood and they'll be tough if not impossible to get rid of. I've already spoken tomy HOA but they said since it's not a major landscaping change requiring approval there's nothing they can do. Is there any type of law that prevents people from planting stuff like this? Edit: Before I get the reply, yes I have already spoken to my neighbor and have tried to warn him but he's not having any of it
RESPONSE A: So I did some research here: http://nc-ipc.weebly.com/laws--policies.html And it seems while it is a class 3 misdemeanor to knowingly propagate invasive species, Kudzu and Lily of the Valley are NOT classified as invasive species (specifically "plant pest") so it would have to be settled between you two.
RESPONSE B: NC Department of Agriculture has a reporting hotline NC Department of Agriculture and Consumer Services: 1-800-206-WEED Here is the state noxious Weed list: http://www.ncagr.gov/plantindustry/plant/weed/weedprog.htm
Which response is better? RESPONSE
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B
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POST: If it's really a favor, and we don't want it, then why would you keep doing it? He says even then, the driveway and sidewalk it intersects is city property so he can do whatever he wants. Is this really true? I mean at some point, all the debris and gunk may collect onto the "city property" but it affects us because our cars and shoes will start dragging it into our property. We've had a shaky relationship, and the fact that he refuses to use his driveway to collect the leaves (there's literally no difference between using ours or his driveway) feels like he's just trying to provoke us. This issue is a bit minor, but bending over and letting him do whatever he wants to provoke us without any repercussions is ridiculous. This issue has escalated to cops coming over TWICE, and both times, they also agree the issue is dumb: it literally makes no difference for my neighbor to use his driveway to collect the leaves, but makes a world of difference for us - just use your own driveway! The police say to never call them again over this issue and for us to just talk it out. Knowing my neighbor though, he'll keep doing this and eventually force me to have to call the police again who will be upset with me for still being upset with this. Do I have any recourse here, or am I just going to be stuck dragging dirt and leaves and other gunk all over my shoes and car tires? Even if I do record him leafblowing onto the driveway: it does look like from afar that he is collecting it on our driveway, then leafblowing it all down onto the street, leaving my driveway clean. It's only when you actually observe the driveway closely that you start noticing all the gunk still everywhere, especially after a few days (he does this daily). For this reason, I'm not sure if recording him will even help?
RESPONSE A: Blow em back. Establish your boundaries !
RESPONSE B: It isn’t city property. You bought the house and own the drive away. If he’s blowing it and entering your driveway tell him he’s trespassing.
Which response is better? RESPONSE
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B
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POST: city property so he can do whatever he wants. Is this really true? I mean at some point, all the debris and gunk may collect onto the "city property" but it affects us because our cars and shoes will start dragging it into our property. We've had a shaky relationship, and the fact that he refuses to use his driveway to collect the leaves (there's literally no difference between using ours or his driveway) feels like he's just trying to provoke us. This issue is a bit minor, but bending over and letting him do whatever he wants to provoke us without any repercussions is ridiculous. This issue has escalated to cops coming over TWICE, and both times, they also agree the issue is dumb: it literally makes no difference for my neighbor to use his driveway to collect the leaves, but makes a world of difference for us - just use your own driveway! The police say to never call them again over this issue and for us to just talk it out. Knowing my neighbor though, he'll keep doing this and eventually force me to have to call the police again who will be upset with me for still being upset with this. Do I have any recourse here, or am I just going to be stuck dragging dirt and leaves and other gunk all over my shoes and car tires? Even if I do record him leafblowing onto the driveway: it does look like from afar that he is collecting it on our driveway, then leafblowing it all down onto the street, leaving my driveway clean. It's only when you actually observe the driveway closely that you start noticing all the gunk still everywhere, especially after a few days (he does this daily). For this reason, I'm not sure if recording him will even help?
RESPONSE A: I am not a lawyer, are they blowing the leaves down a stormwater drain? That’s probably not legal. Depending on city/county laws it’s worth looking into. Police wouldn’t know this, but local environment/protection government division would. Where are you located?
RESPONSE B: Can you turn a sprinkler system on if you have grass between your driveways? Can't really blow thru water.
Which response is better? RESPONSE
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B
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POST: . So I don’t plan on speaking to them. I’m considering whether, the next time I hear them screaming and what sounds like a physical altercation (e.g., furniture being thrown and words to the effect of “Don’t touch me”), calling 911 and reporting a domestic assault. My concern is that, while all this stuff is horrible, none of it rises to the level of a breach of my lease by management (not sure if the implied warranty of habitability is breached here—everything else about our living situation is fine). And I’m not party to their lease, so I can’t enforce their lease terms the way management should be doing. Is there any potential civil or criminal liability to me if I report my neighbors to the cops on the good-faith but mistaken belief that a violent crime is being committed by them in their domicile in that moment? In all candor, if they weren’t waking up my kids every night, I wouldn’t care. But I don’t know any other way to get it to stop.
RESPONSE A: Call the police if you suspect DV occurring. You will not get in trouble for reporting something you suspect and have witnessed. When we lived in town, we lived in a house that was detached but still close to our neighbors'. Our neighbor would have screaming matches with his babymomma at all hours of the day and night, which would escalate into screaming matches with the neighbors across the street who were friends with babymomma (small town). We called the town police a few times for noise disturbances and wellness check. Our neighbor figured out who it was since we were friendly with him and his son. He thanked us because he was afraid to call himself since he was afraid he'd get in trouble since he was the man. Babymomma was charged with several things since she punched him in the face in front of their child while in their driveway.
RESPONSE B: Call the police every time it happens. Write down the nonemergency police number and hand it to your other neighbors to complain too. Be persistent with reporting to both police and land lord. Also, maybe stop being rude to people giving you advice you asked to receive?
Which response is better? RESPONSE
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B
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POST: no avail. So management stopped trying to do anything. I guess they pay their rent. The issue is that their fighting wakes up my kids night after night. It’s that loud. They’re so trashy, I’m skeptical that telling them to stop having screaming fights at all hours will do anything. Given how they act, I worry that they might just become belligerent towards me and my family for having the temerity to ask. So I don’t plan on speaking to them. I’m considering whether, the next time I hear them screaming and what sounds like a physical altercation (e.g., furniture being thrown and words to the effect of “Don’t touch me”), calling 911 and reporting a domestic assault. My concern is that, while all this stuff is horrible, none of it rises to the level of a breach of my lease by management (not sure if the implied warranty of habitability is breached here—everything else about our living situation is fine). And I’m not party to their lease, so I can’t enforce their lease terms the way management should be doing. Is there any potential civil or criminal liability to me if I report my neighbors to the cops on the good-faith but mistaken belief that a violent crime is being committed by them in their domicile in that moment? In all candor, if they weren’t waking up my kids every night, I wouldn’t care. But I don’t know any other way to get it to stop.
RESPONSE A: Call the police every time they have a fight and report it to the apartment complex the next morning. If you are in communication with other neighbors that are also being annoyed by this, encourage them to do the same. The apartment complex will eventually get tired of it and address the situation more firmly. You are entitled to quiet enjoyment of your living space. The complex would rather evict one problem couple then risk 3-4 other renters moving out due to noise.
RESPONSE B: Call the police every time it happens. Write down the nonemergency police number and hand it to your other neighbors to complain too. Be persistent with reporting to both police and land lord. Also, maybe stop being rude to people giving you advice you asked to receive?
Which response is better? RESPONSE
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B
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POST: I think management has warned them a few times, but to no avail. So management stopped trying to do anything. I guess they pay their rent. The issue is that their fighting wakes up my kids night after night. It’s that loud. They’re so trashy, I’m skeptical that telling them to stop having screaming fights at all hours will do anything. Given how they act, I worry that they might just become belligerent towards me and my family for having the temerity to ask. So I don’t plan on speaking to them. I’m considering whether, the next time I hear them screaming and what sounds like a physical altercation (e.g., furniture being thrown and words to the effect of “Don’t touch me”), calling 911 and reporting a domestic assault. My concern is that, while all this stuff is horrible, none of it rises to the level of a breach of my lease by management (not sure if the implied warranty of habitability is breached here—everything else about our living situation is fine). And I’m not party to their lease, so I can’t enforce their lease terms the way management should be doing. Is there any potential civil or criminal liability to me if I report my neighbors to the cops on the good-faith but mistaken belief that a violent crime is being committed by them in their domicile in that moment? In all candor, if they weren’t waking up my kids every night, I wouldn’t care. But I don’t know any other way to get it to stop.
RESPONSE A: Even aside from there being potential violence, you have the right to report unreasonable noise at such a time at night. Generally apartment buildings have a noise code, or however you want to call it, from about 9 or 10 pm to early morning. It's not right for neighbors to be waking your kids. If you're in an apartment, you have to be mindful of your neighbors.
RESPONSE B: Call the police every time it happens. Write down the nonemergency police number and hand it to your other neighbors to complain too. Be persistent with reporting to both police and land lord. Also, maybe stop being rude to people giving you advice you asked to receive?
Which response is better? RESPONSE
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A
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POST: , but to no avail. So management stopped trying to do anything. I guess they pay their rent. The issue is that their fighting wakes up my kids night after night. It’s that loud. They’re so trashy, I’m skeptical that telling them to stop having screaming fights at all hours will do anything. Given how they act, I worry that they might just become belligerent towards me and my family for having the temerity to ask. So I don’t plan on speaking to them. I’m considering whether, the next time I hear them screaming and what sounds like a physical altercation (e.g., furniture being thrown and words to the effect of “Don’t touch me”), calling 911 and reporting a domestic assault. My concern is that, while all this stuff is horrible, none of it rises to the level of a breach of my lease by management (not sure if the implied warranty of habitability is breached here—everything else about our living situation is fine). And I’m not party to their lease, so I can’t enforce their lease terms the way management should be doing. Is there any potential civil or criminal liability to me if I report my neighbors to the cops on the good-faith but mistaken belief that a violent crime is being committed by them in their domicile in that moment? In all candor, if they weren’t waking up my kids every night, I wouldn’t care. But I don’t know any other way to get it to stop.
RESPONSE A: I was a 911 dispatcher. In the past, we’ve received emergency calls with much less to go on and it ended up being a really serious DV incident with injuries. This is 100% an appropriate situation to utilize 911 services. Call the police. Don’t be afraid of the police for stuff like this.
RESPONSE B: Even aside from there being potential violence, you have the right to report unreasonable noise at such a time at night. Generally apartment buildings have a noise code, or however you want to call it, from about 9 or 10 pm to early morning. It's not right for neighbors to be waking your kids. If you're in an apartment, you have to be mindful of your neighbors.
Which response is better? RESPONSE
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A
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POST: , I can’t be positive. The building management has been completely apathetic to our and other tenants’ complaints about these people. I think management has warned them a few times, but to no avail. So management stopped trying to do anything. I guess they pay their rent. The issue is that their fighting wakes up my kids night after night. It’s that loud. They’re so trashy, I’m skeptical that telling them to stop having screaming fights at all hours will do anything. Given how they act, I worry that they might just become belligerent towards me and my family for having the temerity to ask. So I don’t plan on speaking to them. I’m considering whether, the next time I hear them screaming and what sounds like a physical altercation (e.g., furniture being thrown and words to the effect of “Don’t touch me”), calling 911 and reporting a domestic assault. My concern is that, while all this stuff is horrible, none of it rises to the level of a breach of my lease by management (not sure if the implied warranty of habitability is breached here—everything else about our living situation is fine). And I’m not party to their lease, so I can’t enforce their lease terms the way management should be doing. Is there any potential civil or criminal liability to me if I report my neighbors to the cops on the good-faith but mistaken belief that a violent crime is being committed by them in their domicile in that moment? In all candor, if they weren’t waking up my kids every night, I wouldn’t care. But I don’t know any other way to get it to stop.
RESPONSE A: I was a 911 dispatcher. In the past, we’ve received emergency calls with much less to go on and it ended up being a really serious DV incident with injuries. This is 100% an appropriate situation to utilize 911 services. Call the police. Don’t be afraid of the police for stuff like this.
RESPONSE B: Call in a noise complaint to both the police when it happens and the management the next morning, or kwitcherbitching. Cops and management will be able to do whatever from there. Edit: typo
Which response is better? RESPONSE
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B
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POST: support. This is in Illinois. We both still live here. Fast forward 10 years I am in economic ruin during the recession. I fall behind on my payments. Illinois CS enforcement takes me back to court, I get amount lowered. Fast forward two years I get nearly caught up in CS payments and my ex casually mentions that our daughter has lived in Nevada for the last 8 years. WTF. Why didn't you tell me? Why am I still paying YOU child support? Why is the state of Illinois still going after me child support? "I need that money for my other son, you know I wanted a boy" Sooo the next court date I pull the state's attorney aside and I ask her the same questions. She tells me I can't duck my responsibilities and that's why we are in court". I ask the judge and he said that wasn't the issue at hand and I no longer had to return to court as I was now in compliance with my payments. I called SDU, DHS, HFS, Everyone I could think of with to no avail. Finally tracked down the grandparents in Nevada. They have the child and my ex owes them tens of thousands of dollars. Now I am an actual father to two other children that live with me. (Not really relevant to this). We are just over %125 poverty and improving, but practically no money for a lawyer How do I force the state and my ex to prove physical custody? Show me the body, if you will. I just want to money to go to my daughter....thats all I want. I have no illusions that I can ever be her father.
RESPONSE A: Mom doesn't have to prove anything. *You* have to sue her to show that she does not have custody of the child.
RESPONSE B: The grandparents need to file. Child support is paid by court order, the custodial parent in most cases has the right to determine where the child lives. That change alone has no impact on your order. Once the grandparents go to court (they can easily prove custody via school records, etc) then the courts will order you and mom to pay the grandparents. In addition, depending on how your state calculates support, your payment *may* decrease bc you have another child.
Which response is better? RESPONSE
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B
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POST: restored, our neighbors security system keeps randomly going off, and playing an extremely loud alarm for around 30 seconds every 15 minutes. We can hear it throughout our entire unit and the unit next to his (not attached) also has told us that it is driving them crazy. The problem is that our neighbors are gone until the end of June, and the contact information i have for them seems to be out of date (phone says number is not in service). We called bylaw this morning, who in turn basically told us to call the police because aside from writing him a ticket for noise he cannot do anything. We called the police and a police officer came to the house and did a perimeter check but said everything was fine. He suggested we contact the owner, when we explained he said there isn't anything he can do, but suggested we call his security alarm company. We called the security alarm company and explained our situation and they basically told us they cannot help us, and we need to get the owner to contact them. I cannot put up with this for 45+ days. How do i make this stop.
RESPONSE A: Call the alarm company and ask if they can contact the owners. After all, the alarm system is malfunctioning, making its efficiency suspect. If someone broke into the home now, would the alarm go off? They are apparently unaware that the alarm is sounding now. Do you know where they go? If they are in the US, you might be able to find them using FamilyTreeNow.com. I've used it to find a friend I hadn't seen in forty years and a woman who dropped her marriage license in a Pennsylvania courthouse parking lot.
RESPONSE B: I am not a lawyer but I install alarms You say the security company said you need the owner to contact them - have you tried searching for them on Facebook? Alternatively, the company should be trying to contact the owner THAT IS THEIR JOB. It is in my experience not a police issue but the issue of the security company. They have the ability to make it stop, which the police likely do not. Ask the security company to contact the owner (they will have emergency contact details depending on how it was set up) and simultaneously do anything to contact the owner to make them speak to the company.
Which response is better? RESPONSE
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A
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POST: and playing an extremely loud alarm for around 30 seconds every 15 minutes. We can hear it throughout our entire unit and the unit next to his (not attached) also has told us that it is driving them crazy. The problem is that our neighbors are gone until the end of June, and the contact information i have for them seems to be out of date (phone says number is not in service). We called bylaw this morning, who in turn basically told us to call the police because aside from writing him a ticket for noise he cannot do anything. We called the police and a police officer came to the house and did a perimeter check but said everything was fine. He suggested we contact the owner, when we explained he said there isn't anything he can do, but suggested we call his security alarm company. We called the security alarm company and explained our situation and they basically told us they cannot help us, and we need to get the owner to contact them. I cannot put up with this for 45+ days. How do i make this stop.
RESPONSE A: I am not a lawyer but I install alarms You say the security company said you need the owner to contact them - have you tried searching for them on Facebook? Alternatively, the company should be trying to contact the owner THAT IS THEIR JOB. It is in my experience not a police issue but the issue of the security company. They have the ability to make it stop, which the police likely do not. Ask the security company to contact the owner (they will have emergency contact details depending on how it was set up) and simultaneously do anything to contact the owner to make them speak to the company.
RESPONSE B: Do your bylaws include a clause that provides the HOA with the right to enter a property for emergency maintenance purposes? I would go back to them and start complaining, repeatedly. They most likely have the owner's up to date contact and just don't feel like getting off their butts to do anything. If they have a right to emergency access, they *may* have the right to enter the unit to address the alarm (depending on what's written). At the very least, I would put it on them to be responsible for running down the owner since it's "damaging" the common property.
Which response is better? RESPONSE
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B
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POST: home in Toronto, Ontario it is attached to our neighbors unit. We aren't really close to our neighbors as they rarely seem to be around. Yesterday evening we had a power outage where the power went out for around 6 hours. When power was restored, our neighbors security system keeps randomly going off, and playing an extremely loud alarm for around 30 seconds every 15 minutes. We can hear it throughout our entire unit and the unit next to his (not attached) also has told us that it is driving them crazy. The problem is that our neighbors are gone until the end of June, and the contact information i have for them seems to be out of date (phone says number is not in service). We called bylaw this morning, who in turn basically told us to call the police because aside from writing him a ticket for noise he cannot do anything. We called the police and a police officer came to the house and did a perimeter check but said everything was fine. He suggested we contact the owner, when we explained he said there isn't anything he can do, but suggested we call his security alarm company. We called the security alarm company and explained our situation and they basically told us they cannot help us, and we need to get the owner to contact them. I cannot put up with this for 45+ days. How do i make this stop.
RESPONSE A: You may have an action for nuisance. They are interfering with the use and enjoyment of your home, after all. I mean it wont stop the alarm now... but you might try and consult an attorney. I mean a month straight of the alarm going off next door might entitle you to some compensation. Good luck.
RESPONSE B: I am not a lawyer but I install alarms You say the security company said you need the owner to contact them - have you tried searching for them on Facebook? Alternatively, the company should be trying to contact the owner THAT IS THEIR JOB. It is in my experience not a police issue but the issue of the security company. They have the ability to make it stop, which the police likely do not. Ask the security company to contact the owner (they will have emergency contact details depending on how it was set up) and simultaneously do anything to contact the owner to make them speak to the company.
Which response is better? RESPONSE
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POST: won't be back till end of June. Police say they cannot do anything, is there anything i can do to make it stop? Hi we own a town home in Toronto, Ontario it is attached to our neighbors unit. We aren't really close to our neighbors as they rarely seem to be around. Yesterday evening we had a power outage where the power went out for around 6 hours. When power was restored, our neighbors security system keeps randomly going off, and playing an extremely loud alarm for around 30 seconds every 15 minutes. We can hear it throughout our entire unit and the unit next to his (not attached) also has told us that it is driving them crazy. The problem is that our neighbors are gone until the end of June, and the contact information i have for them seems to be out of date (phone says number is not in service). We called bylaw this morning, who in turn basically told us to call the police because aside from writing him a ticket for noise he cannot do anything. We called the police and a police officer came to the house and did a perimeter check but said everything was fine. He suggested we contact the owner, when we explained he said there isn't anything he can do, but suggested we call his security alarm company. We called the security alarm company and explained our situation and they basically told us they cannot help us, and we need to get the owner to contact them. I cannot put up with this for 45+ days. How do i make this stop.
RESPONSE A: This would be a nice fine to pay reporting g many noice complaints and getting multiple tickets.. coming back in June with a months supply of fines
RESPONSE B: I am not a lawyer but I install alarms You say the security company said you need the owner to contact them - have you tried searching for them on Facebook? Alternatively, the company should be trying to contact the owner THAT IS THEIR JOB. It is in my experience not a police issue but the issue of the security company. They have the ability to make it stop, which the police likely do not. Ask the security company to contact the owner (they will have emergency contact details depending on how it was set up) and simultaneously do anything to contact the owner to make them speak to the company.
Which response is better? RESPONSE
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POST: and a police officer came to the house and did a perimeter check but said everything was fine. He suggested we contact the owner, when we explained he said there isn't anything he can do, but suggested we call his security alarm company. We called the security alarm company and explained our situation and they basically told us they cannot help us, and we need to get the owner to contact them. I cannot put up with this for 45+ days. How do i make this stop.
RESPONSE A: I am not a lawyer but I install alarms You say the security company said you need the owner to contact them - have you tried searching for them on Facebook? Alternatively, the company should be trying to contact the owner THAT IS THEIR JOB. It is in my experience not a police issue but the issue of the security company. They have the ability to make it stop, which the police likely do not. Ask the security company to contact the owner (they will have emergency contact details depending on how it was set up) and simultaneously do anything to contact the owner to make them speak to the company.
RESPONSE B: have you tried finding where your neighbors are currently? do they have another house somewhere, or family? if you have a rough idea where you could look on the property appraiser (or if they are in canada whatever the equivalent would be if there is one) site for the area and maybe find their address and at least send a letter. i'd also try googling them and see if something turns up that gives a clue as to where they are/contact info. try looking them up on facebook too - maybe they would see a message you send them or maybe you'd get a clue as to where they are or their friends/family members, and you could try finding their contact info online. like, if your neighbors are older and don't work, maybe they have kids who do and you could find them online and their work contact info and call them. also, the alarm company must have their contact info - mine calls me when my alarm is triggered. can't they contact the home owner? how would your condo building handle things if there was a fire in the unit while the neighbors were out of town? they must have a procedure for emergencies...
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POST: [Texas] HOA wants to fine us for having a dog, but we don't have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote "secret dog" from them. My husband and I don't own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn't a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don't own a dog. They won't listen!
RESPONSE A: Tell them to prove it or pound sand. Contest any fines in writing. From now on you should discuss the issue in writing only (email is fine). Getting everything in writing is essential if they decide to go to court either for the fines they think you owe or to foreclose.
RESPONSE B: Sounds like you did something to piss someone off, intentionally or unintentionally, and they're trying to make up something to get you out. As for what you can do, did you sign a HOA contract when you purchased your home? It's usually a condition of purchase. If so, what does it say your recourse is for contesting complaints?
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POST: [Texas] HOA wants to fine us for having a dog, but we don't have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote "secret dog" from them. My husband and I don't own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn't a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don't own a dog. They won't listen!
RESPONSE A: Why do they think this?
RESPONSE B: Tell them to prove it or pound sand. Contest any fines in writing. From now on you should discuss the issue in writing only (email is fine). Getting everything in writing is essential if they decide to go to court either for the fines they think you owe or to foreclose.
Which response is better? RESPONSE
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A
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POST: [Texas] HOA wants to fine us for having a dog, but we don't have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote "secret dog" from them. My husband and I don't own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn't a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don't own a dog. They won't listen!
RESPONSE A: No advice but this reminds me when we got a ticket for letting our Rottweiler out and having a weight vest on him. They put him back in the yard and fixed our fence. We didn't own a dog at the time
RESPONSE B: Why do they think this?
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A
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POST: [Texas] HOA wants to fine us for having a dog, but we don't have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote "secret dog" from them. My husband and I don't own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn't a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don't own a dog. They won't listen!
RESPONSE A: No advice but this reminds me when we got a ticket for letting our Rottweiler out and having a weight vest on him. They put him back in the yard and fixed our fence. We didn't own a dog at the time
RESPONSE B: Do you need permission to own a pet?
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A
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POST: [Texas] HOA wants to fine us for having a dog, but we don't have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote "secret dog" from them. My husband and I don't own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn't a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don't own a dog. They won't listen!
RESPONSE A: No advice but this reminds me when we got a ticket for letting our Rottweiler out and having a weight vest on him. They put him back in the yard and fixed our fence. We didn't own a dog at the time
RESPONSE B: Seems to me like they have *prove* you have a dog. They can't simply make up violations and *make* you pay. I say like u/bagellord, prove it or pound sand. Just stare at them blankly like they're crazy.... well, they kinda are.
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POST: the illegal variety. The files are dated 1999 and my dad has been dead close to ten years. What do I do?
RESPONSE A: PLEASE DO NOT DESTROY THOSE HARD DRIVES. Speak to a criminal defense attorney and find a way to cover yourself before turning them in. If children have been victimized you may very well hold the only known evidence capable of bringing their abusers to justice. You don't just have something potentially incriminating, you have 3 hard drives full of potential to bring abusers to justice before they hurt anyone else. Please get these to the appropriate authorities.
RESPONSE B: People are ballsy. Pay a lawyer to safely turn them in to authorities if you believe there is something illegal on them. If OP destroys these and it was found out they purposely tried to obstruct Justice- they are totally screwed. I’d rather be the person who gets some heat for doing the right thing. Up to this point- Op has done nothing wrong! Once OP purposely and willfully destroys these tapes. They are guilty of obstruction and covering up a CP crime. There would be no doubt- they are guilty. In a court of law- the very act of destroying these things would make others believe they have something more to hide. I’d rather have a lawyer quietly fighting on my behalf for a few years. Than the 20-30 years behind bars they could get for pulling this illegal crap- depending where they are. You are hoping that 10 years is enough time- it’s not! Those young children on those videos just turned adults. It just takes one child, who is now an adult to come forward and the walls could come caving in. Which isn’t that unlikely. You’d rather be ahead of this. What if your dad and a friend were responsible for filming and passing it around and his partner is still alive and gets caught next year. This goes public- you don’t want to be the person who destroyed evidence! I dunno- just my two cents. Plus- knowing that many sexual predators are able to operate under the radar for decades. It seems those hard drives have just as much chance of being relevant- as they do of not being relevant.
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POST: found a stash of illegal stuff on my deceased dad's hard drive, what now? Going through my dad's stuff from storage, found a box with three external hard drives. Was not expecting them to work as they'd been in a non-climate-controlled garage several years but they work. I knew I'd find porn and I did, but it's definitely of the illegal variety. The files are dated 1999 and my dad has been dead close to ten years. What do I do?
RESPONSE A: PLEASE DO NOT DESTROY THOSE HARD DRIVES. Speak to a criminal defense attorney and find a way to cover yourself before turning them in. If children have been victimized you may very well hold the only known evidence capable of bringing their abusers to justice. You don't just have something potentially incriminating, you have 3 hard drives full of potential to bring abusers to justice before they hurt anyone else. Please get these to the appropriate authorities.
RESPONSE B: Not a lawyer This is the second CSAM post on this subreddit in the past week and I’m confused by all the advice to not report it. These are real children who are real victims. What if the images include adults that have not been identified by law enforcement yet and still have access to kids? I usually would never recommend talking to the police but turning these over could protect future victims.
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POST: found a stash of illegal stuff on my deceased dad's hard drive, what now? Going through my dad's stuff from storage, found a box with three external hard drives. Was not expecting them to work as they'd been in a non-climate-controlled garage several years but they work. I knew I'd find porn and I did, but it's definitely of the illegal variety. The files are dated 1999 and my dad has been dead close to ten years. What do I do?
RESPONSE A: You're not saying it, but if its kids and not animals, you need to tell someone. There is a probability that your doing so will help put someone else whos still actively hurting kids away, or prevent future abuse.
RESPONSE B: PLEASE DO NOT DESTROY THOSE HARD DRIVES. Speak to a criminal defense attorney and find a way to cover yourself before turning them in. If children have been victimized you may very well hold the only known evidence capable of bringing their abusers to justice. You don't just have something potentially incriminating, you have 3 hard drives full of potential to bring abusers to justice before they hurt anyone else. Please get these to the appropriate authorities.
Which response is better? RESPONSE
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POST: found a stash of illegal stuff on my deceased dad's hard drive, what now? Going through my dad's stuff from storage, found a box with three external hard drives. Was not expecting them to work as they'd been in a non-climate-controlled garage several years but they work. I knew I'd find porn and I did, but it's definitely of the illegal variety. The files are dated 1999 and my dad has been dead close to ten years. What do I do?
RESPONSE A: Turn it in to federal authorities. They may be able to use it to apprehend others involved in the distribution/production of the material and also to potentially identify victims.
RESPONSE B: PLEASE DO NOT DESTROY THOSE HARD DRIVES. Speak to a criminal defense attorney and find a way to cover yourself before turning them in. If children have been victimized you may very well hold the only known evidence capable of bringing their abusers to justice. You don't just have something potentially incriminating, you have 3 hard drives full of potential to bring abusers to justice before they hurt anyone else. Please get these to the appropriate authorities.
Which response is better? RESPONSE
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A
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POST: found a stash of illegal stuff on my deceased dad's hard drive, what now? Going through my dad's stuff from storage, found a box with three external hard drives. Was not expecting them to work as they'd been in a non-climate-controlled garage several years but they work. I knew I'd find porn and I did, but it's definitely of the illegal variety. The files are dated 1999 and my dad has been dead close to ten years. What do I do?
RESPONSE A: PLEASE DO NOT DESTROY THOSE HARD DRIVES. Speak to a criminal defense attorney and find a way to cover yourself before turning them in. If children have been victimized you may very well hold the only known evidence capable of bringing their abusers to justice. You don't just have something potentially incriminating, you have 3 hard drives full of potential to bring abusers to justice before they hurt anyone else. Please get these to the appropriate authorities.
RESPONSE B: The information on those drives could be used to solve decades old crimes. That could bring closure to a lot of people and justice to some. I say bring it in to the police.
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POST: I've just been informed my ex wife is moving across the country. We have joint physical 50/50 company of my 16 year old son in California. How does this work? Just like the title says, my ex wife just informed me via email that they're moving to Idaho, from California, with our 16 year old son. She says he picked to go with them and wants to avoid a legal battle, as she has to be at work on Oct 25, 2021. I'm aware that when he turned 14 or 15 he was allowed to choose which parent to live with. I'm a stay at home dad with my new wife and kids, I do not have a job, that is my job, to take care of the kids. How does any of this work? I can't afford a lawyer, she says she wants to do mediation. Will I have to pay child support now? Do I agree to anything? This is all very sudden and came out of nowhere and we're scrambling to figure out what to do now
RESPONSE A: Do you have a court ordered custody set up?
RESPONSE B: Don't agree to anything. Don't sign anything. You need to beg or borrow money for a lawyer, and you need to do it quickly. >I'm aware that when he turned 14 or 15 he was allowed to choose which parent to live with. Unless you have a court order that explicitly says that (which I doubt), that isn't true. The child has a say, but the court makes the decision.
Which response is better? RESPONSE
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POST: I've just been informed my ex wife is moving across the country. We have joint physical 50/50 company of my 16 year old son in California. How does this work? Just like the title says, my ex wife just informed me via email that they're moving to Idaho, from California, with our 16 year old son. She says he picked to go with them and wants to avoid a legal battle, as she has to be at work on Oct 25, 2021. I'm aware that when he turned 14 or 15 he was allowed to choose which parent to live with. I'm a stay at home dad with my new wife and kids, I do not have a job, that is my job, to take care of the kids. How does any of this work? I can't afford a lawyer, she says she wants to do mediation. Will I have to pay child support now? Do I agree to anything? This is all very sudden and came out of nowhere and we're scrambling to figure out what to do now
RESPONSE A: Don't agree to anything. Don't sign anything. You need to beg or borrow money for a lawyer, and you need to do it quickly. >I'm aware that when he turned 14 or 15 he was allowed to choose which parent to live with. Unless you have a court order that explicitly says that (which I doubt), that isn't true. The child has a say, but the court makes the decision.
RESPONSE B: Don't agree to anything you don't want, you're going to have to figure out how to afford a lawyer and look into what local resources you may have available, Look at your divorce paper work to see what it says about this kind of stuff. That's pretty shitty of her to do this to you. Good luck.
Which response is better? RESPONSE
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POST: I've just been informed my ex wife is moving across the country. We have joint physical 50/50 company of my 16 year old son in California. How does this work? Just like the title says, my ex wife just informed me via email that they're moving to Idaho, from California, with our 16 year old son. She says he picked to go with them and wants to avoid a legal battle, as she has to be at work on Oct 25, 2021. I'm aware that when he turned 14 or 15 he was allowed to choose which parent to live with. I'm a stay at home dad with my new wife and kids, I do not have a job, that is my job, to take care of the kids. How does any of this work? I can't afford a lawyer, she says she wants to do mediation. Will I have to pay child support now? Do I agree to anything? This is all very sudden and came out of nowhere and we're scrambling to figure out what to do now
RESPONSE A: Make sure you take action before six months goes by because then residency in the new state will be established and you'll be operating under a new states rules which could introduce major difficulties getting legal assistance etc. For example if your ex moved to New Jersey you'd be on the hook for child support until your kid graduated college, or 24... don't know the Idaho laws but you should really hire a professional to assist.
RESPONSE B: Info: Have you spoken to your son? Did he tell you this or is this what your ex-wife said? You’re in California so go to the courts website for the court that applies to you. For example if you were in Los Angeles there are Self-Help resources to help guide you. Good luck 👍🏼
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POST: Claim made against me for a dog bite, but I've been out of town...with my dogs Hi reddit. I was recently mailed a notice by a major legal office M&M, that their CL would be taking legal action for a dog bite that occurred at my address in which police were called, per her case worker with said legal office. (I learned this after calling M&M from the letter that was sent). I own a house in Florida but the mail was routed to my temporary out of state residence. The date of the claim is in March but I've been out of state since February, again with my dogs. So I know for a fact nothing happened- unless maybe it was a neighbor? Or someone walking their dog by my house? Or a false claim? Do I need to call local law enforcement to share my side? The legal office case worker said "they were waiting on more information but they would contact me in the next few days." Just looking for some good old fashioned internet advice. Thanks!
RESPONSE A: When they contact you I'd just tell them you and the dogs have been out of town as of X date. Doesn't seem like anything to worry about.
RESPONSE B: You need to let your homeowner insurance know about the potential claim. They should provide you with a defense.
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POST: Claim made against me for a dog bite, but I've been out of town...with my dogs Hi reddit. I was recently mailed a notice by a major legal office M&M, that their CL would be taking legal action for a dog bite that occurred at my address in which police were called, per her case worker with said legal office. (I learned this after calling M&M from the letter that was sent). I own a house in Florida but the mail was routed to my temporary out of state residence. The date of the claim is in March but I've been out of state since February, again with my dogs. So I know for a fact nothing happened- unless maybe it was a neighbor? Or someone walking their dog by my house? Or a false claim? Do I need to call local law enforcement to share my side? The legal office case worker said "they were waiting on more information but they would contact me in the next few days." Just looking for some good old fashioned internet advice. Thanks!
RESPONSE A: When they contact you I'd just tell them you and the dogs have been out of town as of X date. Doesn't seem like anything to worry about.
RESPONSE B: Do you have insurance on the Florida property that includes coverage for such claims? If so, the first call should be to your insurance company.
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POST: their CL would be taking legal action for a dog bite that occurred at my address in which police were called, per her case worker with said legal office. (I learned this after calling M&M from the letter that was sent). I own a house in Florida but the mail was routed to my temporary out of state residence. The date of the claim is in March but I've been out of state since February, again with my dogs. So I know for a fact nothing happened- unless maybe it was a neighbor? Or someone walking their dog by my house? Or a false claim? Do I need to call local law enforcement to share my side? The legal office case worker said "they were waiting on more information but they would contact me in the next few days." Just looking for some good old fashioned internet advice. Thanks!
RESPONSE A: When they contact you I'd just tell them you and the dogs have been out of town as of X date. Doesn't seem like anything to worry about.
RESPONSE B: If this is a real law firm and a real claim, you should ask them for the case number from the police or a copy of the report. If the date is the same as the dates you were out of state, then it's a pretty clear case. If there is some situation where, maybe a stray dog wandered onto your property and bit someone there...well... I would wonder why they were on your property. If they were just near your property, then the attack has nothing to do with you. Explain this to the lawyers and tell them to pound sand. They might just go away. If they wandered onto your property and the stray dog was on your property, I think you have a very good case, but would need a lawyer to figure it out. Homeowners insurance is great for that. I guess I'm saying if this is slam dunk, you might be able to clear it up without going to insurance (I assume it would have some impact on your rates to create a claim). If it's more complex, you need a lawyer. Getting the police report might fill in a lot of the detail, like where it happened, when it happened and the like.
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POST: Father passed away and uncle took all his money because of no will Hello, I live in California and my father passed away recently. My uncle came in and not only extracted the money from his bank account (Father left behind a folder full of personal information for me but Uncle intercepted it), as well as cash in an envelop. What can I do to get everything back? Father had no will and uncle is saying tough shit while I'm now in debt $7000 for funeral expenses.
RESPONSE A: You neec to go see an estate attorney. When a person dies with no will and no beneficiaries on the accounts, the courts assigns an executor of the estate, and who are the heirs starting with spouse then children. How did your uncle even access any of the accounts without being on them?
RESPONSE B: My condolences on the loss of your father. I'm sorry you have to deal with all of this on top of everything else. As the only surviving child, you are the sole heir of your father's estate. *See* California Probate Code 6402(a)^1 Your uncle is not legally entitled to anything. By entering a house that did not belong to him, and taking items that did not belong to him, he committed both theft and burglary. You should contact the police and file a complaint. Do it right now, they're open 24 hours. Hopefully they'll be able to intervene before the money disappears. --------------- ^1 "the entire intestate estate if there is no surviving spouse passes as follows: (a) To the issue of the decedent"
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POST: Future Trademark Applications 4. Transfer of Domain Names 5. Acknowledgement of Ownership and No Challenge 6. Mutual Release. 7. Covenant Not to Sue 8. No Outstanding or Known Future Claims/Causes of Action 9. Acknowledgment of Settlement 10. Confidentiality of Agreement 11. Non-Disparagement 12. Agreement is Legally Binding 13. Entire Agreement 14. New or Different Facts: No Effect 15. Interpretation 16. Governing Law and Submission to Jurisdiction 17. Equitable Relief 18. Reliance on Own Counsel 19. Counterparts 20. Authority to Execute Agreement They sent this just email today, but state that I must do all of this within 3 days. >"[Company Name] further demands that you provide, by no later than the close of business Pacific Standard Time on December 15, 2021, written confirmation that you will comply with these demands. You are specifically advised that any failure or delay in complying with these demands will likely compound the damages for which you may be liable. If [Company Name] does not receive a satisfactory and timely response, [Company Name] is prepared to take all steps necessary to protect [Company Name]'s valuable intellectual property rights, without further notice to you. > >The above is not an exhaustive statement of all the relevant facts and law. > >[Company Name] expressly reserves all of its legal and equitable rights and remedies, including the right to seek injunctive relief and recover monetary damages." Is this correct? Sounds ridiculous to me. If anything I would have thought they should be the ones changing their name, as I was using the name 7+ years before them with a similar product
RESPONSE A: I have managed domains for 20+ years. Ignore the email - it is BS. You should lock down your security. ​ Further detail: Domains are controlled by ICANN. Even if you are in violation, it is not a legal case for the court.
RESPONSE B: What are you using the domain for? Does the company who want the domain have a granted trademark in your country (or the countries you operate, if you’re a business too) covering the same business activities?
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POST: to be inherited by my mother and sister when my grandma passes on. This has been understood ever since her house was built. Four years ago, my mother took in a "tenant" (a charismatic 80 year old gent, we'll call him Fred) to help with expenses and to help around the house. He was extremely helpful in taking care of the property, taking care of my grandma and her health actually got a lot better over the last couple years. He sort of became her boyfriend afterwards, and apparently asked her to marry him (which she blurted out, to his chagrin, as he was trying to keep it under wraps). Now that her dementia is gotten worse, we've found out that Fred wants to put her in a home so that he can live on the property in peace. This was never part of the agreement– my grandma has always lived on the farm, and would be very unhappy in a home. It was understood that my mother can move in and help with my grandmother as soon as necessary. We've known that Fred doesn't want this to happen at all. Recently he had a nurse come to see my grandma / confirm that she needs to be taken to a home. He told the nurse his plans to take over the property, and the concerned nurse told my aunt. Apparently Fred has found a lawyer to help him achieve this (although it took him 4-5 tries to find one who wants to take the case). We are looking into lawyers today. Is there anything we could or should do in the meantime? Does this guy actually have any legal standing? Any advice is appreciated– my family has no legal experience so any information I can get here will help. (Note: this is in Canada, and has also been posted in r/legaladvicecanada. If this isn't allowed then please remove this post).
RESPONSE A: Derspiny gave you good advice on the Canadian sub. Go see a lawyer.
RESPONSE B: When is his lease up? If he's month to month, it's time to end his tenancy. I would get your mom living there as soon as possible as it may no longer be safe for your grandmother to be alone with him.
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POST: My mom passed away still owing 95k on a house worth about 125k. I'm guessing I have to go through probate to sell the house, but do I have to buy it or take over payments before selling it once probate is over? I'm the only living family member left.
RESPONSE A: My condolences about the passing of your mother. Until probate is completed, technically your mother's estate would have to continue to make payments. Practically speaking, as long as the mortgage holder gets their monthly payment, they won't foreclose. So if you want to get the equity out of the house, you'll keep making payments, and then once in control of the estate (either as executor through a will, or appointed administrator by the courts if she didn't have one) you can sell it.
RESPONSE B: Sorry you lost your mother. Do you want the house or do you want to sell it? Edit to add if you are not on deed you likely have to go through probate to sell real property.
Which response is better? RESPONSE
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POST: My mom passed away still owing 95k on a house worth about 125k. I'm guessing I have to go through probate to sell the house, but do I have to buy it or take over payments before selling it once probate is over? I'm the only living family member left.
RESPONSE A: Not a lawyer. I'm sorry for your loss. You have to start the probate process and be appointed by the court as the executor of the estate in order to legally act in the name of the estate. You'll be issued Letters Testamentary, and can present that to banks, insurance companies, etc. The estate (not you personally) has to pay off all debts first. If there isn't enough cash, then you have to sell assets. There will be a list of who gets paid first, usually it's the funeral expenses, probate attorney fees, secured loans (like a house or car), and then unsecured debt (like credit cards.) This can vary by state. Anything left over is your inheritance. Also note, money you get from an insurance policy, retirement fund, or that's held in a joint account, is outside of probate, and is not part of the estate; don't use any of that to pay the debts of the estate (some collection agencies will try to guilt you into paying them, or flat out lie and say the debt is now yours - it isn't unless you are also on the account/co-signed the note.) What this boils down to is that you can sell the house as part of the probate process. If you want to keep the house, you can also do that as long as you keep up the payments, and don't need the equity to pay off other debt. The bank is required to transfer the mortgage to you if you agree to the existing terms of the loan. Good luck to you.
RESPONSE B: Sorry you lost your mother. Do you want the house or do you want to sell it? Edit to add if you are not on deed you likely have to go through probate to sell real property.
Which response is better? RESPONSE
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POST: can I do? I live in WI, and was on a road trip to Yellowstone a month ago (June 16). Unfortunately I only made it to South Dakota before my car started having issues. I had to stop and get it checked out by a mechanic in a small town because it was the only place my car could make it to. It turned out that my car would be more expensive to fix then it was worth. The mechanic said he would buy it from me instead and I agreed. I had to leave SD to make it back to work on time (my trip was during my vacation week). So I left my car behind and said I would send the title once he sent me money. Well he hasn’t sent me any money. And I have contacted him many times about it. He claims the first check he sent must’ve gotten lost so he’d send another. And yet it’s been over a week and I still have not received a check. I don’t know what I can do to get my car back. Do I report it stolen? Should I contact the police in the town the mechanic is in and explain the situation to them? Would small claims be the move? I’m not sure how it works since we live in different states. It’s been a month since I left the car in SD and I don’t want the mechanic to claim I abandoned the car. I’d rather the cops auction off my car for themselves than the mechanic get my car. Any help is greatly appreciated.
RESPONSE A: By this point he's likely filed a mechanic's lien for a title and sold it or scrapped it. Check with South Dakota, see if anything has been filled in it. All he has to do is send notice to your previous address and post the lien in the local paper for 4 weeks running and then it is his vehicle.
RESPONSE B: The car is yours legally. None of us know for sure if you’re getting scammed, but “the check is in the mail” sure sounds like it. Why didn’t he pay you up front instead of you getting a check by mail? Anyways you still own the car, just have it towed and get a second opinion from a different mechanic.
Which response is better? RESPONSE
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POST: I tried to sell my car and now the buyer is refusing to pay me, what can I do? I live in WI, and was on a road trip to Yellowstone a month ago (June 16). Unfortunately I only made it to South Dakota before my car started having issues. I had to stop and get it checked out by a mechanic in a small town because it was the only place my car could make it to. It turned out that my car would be more expensive to fix then it was worth. The mechanic said he would buy it from me instead and I agreed. I had to leave SD to make it back to work on time (my trip was during my vacation week). So I left my car behind and said I would send the title once he sent me money. Well he hasn’t sent me any money. And I have contacted him many times about it. He claims the first check he sent must’ve gotten lost so he’d send another. And yet it’s been over a week and I still have not received a check. I don’t know what I can do to get my car back. Do I report it stolen? Should I contact the police in the town the mechanic is in and explain the situation to them? Would small claims be the move? I’m not sure how it works since we live in different states. It’s been a month since I left the car in SD and I don’t want the mechanic to claim I abandoned the car. I’d rather the cops auction off my car for themselves than the mechanic get my car. Any help is greatly appreciated.
RESPONSE A: The car is yours legally. None of us know for sure if you’re getting scammed, but “the check is in the mail” sure sounds like it. Why didn’t he pay you up front instead of you getting a check by mail? Anyways you still own the car, just have it towed and get a second opinion from a different mechanic.
RESPONSE B: You still own the car. Have it towed /scrapped to somone who will pay.
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POST: from me instead and I agreed. I had to leave SD to make it back to work on time (my trip was during my vacation week). So I left my car behind and said I would send the title once he sent me money. Well he hasn’t sent me any money. And I have contacted him many times about it. He claims the first check he sent must’ve gotten lost so he’d send another. And yet it’s been over a week and I still have not received a check. I don’t know what I can do to get my car back. Do I report it stolen? Should I contact the police in the town the mechanic is in and explain the situation to them? Would small claims be the move? I’m not sure how it works since we live in different states. It’s been a month since I left the car in SD and I don’t want the mechanic to claim I abandoned the car. I’d rather the cops auction off my car for themselves than the mechanic get my car. Any help is greatly appreciated.
RESPONSE A: You could try reporting it stolen. The problems with that are: 1. Most criminal theft statutes require a showing that the defendant intended to steal the item *at the time* they took possession of it. Based on your post, that doesn't seem like the case here 2. The most likely outcome even if he is arrested and charged with a crime doesn't involve you getting money or a car anytime soon. So, you'd be using the police and criminal justice system to try to get an outcome more appropriately sought in civil court under a breach of contract suit. Whether you think that's OK is a separate discussion. No one likes hearing this, but talk to an attorney in the area where the mechanic is about your options. A phone call or letter from a lawyer might be all it takes.
RESPONSE B: The car is yours legally. None of us know for sure if you’re getting scammed, but “the check is in the mail” sure sounds like it. Why didn’t he pay you up front instead of you getting a check by mail? Anyways you still own the car, just have it towed and get a second opinion from a different mechanic.
Which response is better? RESPONSE
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POST: in a small town because it was the only place my car could make it to. It turned out that my car would be more expensive to fix then it was worth. The mechanic said he would buy it from me instead and I agreed. I had to leave SD to make it back to work on time (my trip was during my vacation week). So I left my car behind and said I would send the title once he sent me money. Well he hasn’t sent me any money. And I have contacted him many times about it. He claims the first check he sent must’ve gotten lost so he’d send another. And yet it’s been over a week and I still have not received a check. I don’t know what I can do to get my car back. Do I report it stolen? Should I contact the police in the town the mechanic is in and explain the situation to them? Would small claims be the move? I’m not sure how it works since we live in different states. It’s been a month since I left the car in SD and I don’t want the mechanic to claim I abandoned the car. I’d rather the cops auction off my car for themselves than the mechanic get my car. Any help is greatly appreciated.
RESPONSE A: I don't think reporting it stolen is going to get you anywhere. A more practical option might be to call a local tow/salvage company who could pick it up on your behalf and purchase it from you for (at least) scrap value if the mechanic is no longer willing to purchase it. Out of curiosity, what year/model of car is it, mileage, and what's wrong with it? That would give an idea of the value of the car and perhaps the best options for proceeding. BTW, fellow Wisconsinite here and just did that Yellowstone - WI road trip in June, as well.
RESPONSE B: The car is yours legally. None of us know for sure if you’re getting scammed, but “the check is in the mail” sure sounds like it. Why didn’t he pay you up front instead of you getting a check by mail? Anyways you still own the car, just have it towed and get a second opinion from a different mechanic.
Which response is better? RESPONSE
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POST: road trip to Yellowstone a month ago (June 16). Unfortunately I only made it to South Dakota before my car started having issues. I had to stop and get it checked out by a mechanic in a small town because it was the only place my car could make it to. It turned out that my car would be more expensive to fix then it was worth. The mechanic said he would buy it from me instead and I agreed. I had to leave SD to make it back to work on time (my trip was during my vacation week). So I left my car behind and said I would send the title once he sent me money. Well he hasn’t sent me any money. And I have contacted him many times about it. He claims the first check he sent must’ve gotten lost so he’d send another. And yet it’s been over a week and I still have not received a check. I don’t know what I can do to get my car back. Do I report it stolen? Should I contact the police in the town the mechanic is in and explain the situation to them? Would small claims be the move? I’m not sure how it works since we live in different states. It’s been a month since I left the car in SD and I don’t want the mechanic to claim I abandoned the car. I’d rather the cops auction off my car for themselves than the mechanic get my car. Any help is greatly appreciated.
RESPONSE A: Give him one more chance to overnight the money (I'd do money order or cashiers check personally) certified with a tracking number via ups or fed ex. Do not send the title till the money is actually posted to your account. Tell him he has 72 hours to send the money or you will report the vehicle as stolen. Make sure you have some sort of evidence that he has the vehicle in his possession.
RESPONSE B: The car is yours legally. None of us know for sure if you’re getting scammed, but “the check is in the mail” sure sounds like it. Why didn’t he pay you up front instead of you getting a check by mail? Anyways you still own the car, just have it towed and get a second opinion from a different mechanic.
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POST: Do I have to give my ex-wife access to bank accounts I created for my kids? I live in South Carolina. My ex wife has custodial guardianship over our shared children. I created bank accounts for them to teach them how to use and manage money. Am I legally required to give her access to those accounts?
RESPONSE A: I am not a lawyer but so long as they were created after the dissolution of the marriage was finalized and there’s no attempt to state that it is part of child support payments, she should have no right to those accounts or the funds contained therein provided that her name is not on the account. She may try to access them by claiming that the account is in the child’s name and she is the custodial parent, and for that reason I would recommend taking the children’s names off anyway until they turn 18.
RESPONSE B: Think in terms of their account belongs to them but you are the “manager” in most cases. Check with your family law attorney as it pertains to your state, county laws
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POST: My wife and I separated over a year ago. She is now saying that I cannot allow anyone else access to our jointly owned home. Does this mean that I can't have guests? Home is located in northwest Arkansas. In June of 2018 my wife and I separated. I left the home and lived in a van for about 8 months. A few months ago, I was notified by her sister that my wife had moved to another state and abandoned the property. When I got here, it was a wreck. I got everything cleaned up and moved back in. Now, I contacted her about the back taxes. She had not paid the property taxes for last year or this year. During that conversation, she told me that I could not allow anyone else access to the property. How binding is that? If I have people in my home as guests, will I have legal trouble because of it? Can she charge others with trespassing?
RESPONSE A: Is it a court order as part of a custody agreement? If it's just a simple matter of joint ownership, then as long as one of you allows the guest, they can legally be there.
RESPONSE B: If you are a co-owner on the title, you have equal ownership rights. She cannot tell you who may stay as a guest and you have full control. However, she equally has full rights, so absent a court order, you can't lock her out or tell her she can't stay there.
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POST: state for audio recordings, so the recording I have is admissible, if needed.) After hearing the threat of firing my mother if I were to accept the other company’s offer, it solidified my decision to leave this company and pursue the new opportunity. I then told the old employer I was taking the other offer and I continued working for 3 days to help them with the transition. At the end of the 3rd day, we mutually parted ways. Fast forward about 5 weeks, to last Friday. I bought my mother a plane ticket a couple weeks previous, to go visit my sister and her children, as a Mother’s Day present. She put in her request for vacation time which was approved, and she was set to depart last Friday after work. Because she was coming up on her 10-year anniversary she scheduled an annual review for an increase in salary. (It had been 3 years since her last raise.) The employer scheduled her review for last Friday at 2:00, just an hour before she was scheduled to leave work to catch her flight. As soon as she sat down, they told her that they were severing their ties with her and that she should enjoy her vacation and take that time to process what just happened. (Under my advice, she recorded this conversation.) They handed her a final paycheck, and an additional check equal to one week of her pay for ‘unused paid time off’. (She has not deposited either of these checks.) The employer then said they knew that she “had to leave at 3:00 to catch her flight, so take the next 45 minutes and clear out your desk.” I understand that Idaho is an at-will employment state, but there is something here that just doesn’t sit right with me. For reference, my mother just turned 58 years old. Also, my mother is in the middle of a worker’s compensation claim for an injury that occurred at work a little over a year ago.
RESPONSE A: Unfortunately, this is another example of why employees should not tell their employers everything. Im sorry this happened and I hope everything works out.
RESPONSE B: Idaho is an at\-will state so they can fire her for any reason they want not related to her membership in a protected class....your mom is not a protected class.
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POST: to catch her flight. As soon as she sat down, they told her that they were severing their ties with her and that she should enjoy her vacation and take that time to process what just happened. (Under my advice, she recorded this conversation.) They handed her a final paycheck, and an additional check equal to one week of her pay for ‘unused paid time off’. (She has not deposited either of these checks.) The employer then said they knew that she “had to leave at 3:00 to catch her flight, so take the next 45 minutes and clear out your desk.” I understand that Idaho is an at-will employment state, but there is something here that just doesn’t sit right with me. For reference, my mother just turned 58 years old. Also, my mother is in the middle of a worker’s compensation claim for an injury that occurred at work a little over a year ago.
RESPONSE A: I just had this conversation about the state of Georgia, which is also an at will State. It was to my understanding that they can let you go and not tell you why and you won’t be able to do anything about it, but someone commented and said this: “This is a hugely common misunderstanding. Yes they don't have to tell you why, that's the law in 49 states. But if you are fired shortly after engaging in a protected activity like making a good faith wage, EEOC, hostile workplace, OSHA, etc. Complaint then the court isn't just going to throw up their hands and go "Hey, it's at will employment!" No matter the reason they claim, or none at all, for the firing in a situation where a good-faith complaint was made there will be a strong presumption that a firing made proximate to that complaint is retaliation and any reason given is merely a pretext.”
RESPONSE B: Can someone explain how this is not blatant extortion? "If you leave us, your mom's job is in jeopardy". That seems like extortion to me, but I am not a lawyer. Maybe someone more lawyery can chime in and advise...
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POST: The non-refundable Handling Fee for your use of the website and our processing of your order has nothing to do with the product you purchased. You are certainly welcome to make a big deal out of a few dollars. However, please be advised that any action you take may result in additional fees as per the Terms of Use. I would strongly advise that you read the contract that you electronically signed. Note that we maintain your digital signature, and in fact, no transaction is permitted without manually checking a box stating that you read and agreed to said Terms of Use." ​ And BTW, the terms of use essentially states that they'll fine me $1000 for disputing and send it to collecitons, among other things. Tell me Reddit, how TF is this legal? And what can I do about it?
RESPONSE A: You're right that things like 1000$ fees buried in the TOS are generally not legally binding. The issue is they absolutely can attempt to bill you and send you to collections over it. And you'll have to spend time and effort to contest it. Extraordinarily scummy of this company, but there's not a whole lot you can do without a class action suit where a bunch of customers get together and combine their damages.
RESPONSE B: The entirety of this is managed by the FTC. You can do some basic web searches for official FTC rules and regulations. FTC regulations supersede any 'Terms of Use' you may sign. In fact, one of the first search results from FTC official sources states the company must provide a full refund if they do ship the item within the allotted time and MUST be given consent by the consumer to continue with the sale. Allotted delivery time is defined by what it states on their website. If nothing is stated, it's defaulted to 30 days. ​ File your dispute. If they send you a 'fine' for $1000, send one back for $1000 plus an extra hour for the time it took you to deal with it. If they try to hit your credit up, you can dispute that and with all relevant information it will get resolved in your favor. The credit bureaus are very familiar with FTC regulation.
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POST: Terms of Use by electronically signing said document, as a legal and contractual condition of sale. It clearly and concisely states the following: 3) Handling Fee - 5% of the invoice is a non-refundable Handling Fee for placing the order. This fee is not part of the purchase price of the product and is not refunded upon return or cancellation, including involuntary cancellations. Therefore, your statement regarding said is false, and your insinuation of illegality is absurd. As previously stated, your order was refunded. The non-refundable Handling Fee for your use of the website and our processing of your order has nothing to do with the product you purchased. You are certainly welcome to make a big deal out of a few dollars. However, please be advised that any action you take may result in additional fees as per the Terms of Use. I would strongly advise that you read the contract that you electronically signed. Note that we maintain your digital signature, and in fact, no transaction is permitted without manually checking a box stating that you read and agreed to said Terms of Use." ​ And BTW, the terms of use essentially states that they'll fine me $1000 for disputing and send it to collecitons, among other things. Tell me Reddit, how TF is this legal? And what can I do about it?
RESPONSE A: In order for a contract to be legally binding, there has to be consideration. They never provided anything, therefore there is no contact. They can certainly try to collect, but if it's reported to the credit agencies it'll turn out extremely poorly for them if you decide to fight them. Take a look at Palmer v. Kleargear for how it turns out for companies that try to do stuff like this.
RESPONSE B: You're right that things like 1000$ fees buried in the TOS are generally not legally binding. The issue is they absolutely can attempt to bill you and send you to collections over it. And you'll have to spend time and effort to contest it. Extraordinarily scummy of this company, but there's not a whole lot you can do without a class action suit where a bunch of customers get together and combine their damages.
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POST: credit card company. I quickly received a response, and here are the highlights: "You explicitly agreed to the Terms of Use by electronically signing said document, as a legal and contractual condition of sale. It clearly and concisely states the following: 3) Handling Fee - 5% of the invoice is a non-refundable Handling Fee for placing the order. This fee is not part of the purchase price of the product and is not refunded upon return or cancellation, including involuntary cancellations. Therefore, your statement regarding said is false, and your insinuation of illegality is absurd. As previously stated, your order was refunded. The non-refundable Handling Fee for your use of the website and our processing of your order has nothing to do with the product you purchased. You are certainly welcome to make a big deal out of a few dollars. However, please be advised that any action you take may result in additional fees as per the Terms of Use. I would strongly advise that you read the contract that you electronically signed. Note that we maintain your digital signature, and in fact, no transaction is permitted without manually checking a box stating that you read and agreed to said Terms of Use." ​ And BTW, the terms of use essentially states that they'll fine me $1000 for disputing and send it to collecitons, among other things. Tell me Reddit, how TF is this legal? And what can I do about it?
RESPONSE A: If it were me, I'd dispute with card company, tell the truth about what happened and let them work it out. At worst, it will be a PITA. Maybe not worth the money, but if you're a stubborn SOB like me, then you will almost certainly prevail in the end.
RESPONSE B: You're right that things like 1000$ fees buried in the TOS are generally not legally binding. The issue is they absolutely can attempt to bill you and send you to collections over it. And you'll have to spend time and effort to contest it. Extraordinarily scummy of this company, but there's not a whole lot you can do without a class action suit where a bunch of customers get together and combine their damages.
Which response is better? RESPONSE
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POST: . As previously stated, your order was refunded. The non-refundable Handling Fee for your use of the website and our processing of your order has nothing to do with the product you purchased. You are certainly welcome to make a big deal out of a few dollars. However, please be advised that any action you take may result in additional fees as per the Terms of Use. I would strongly advise that you read the contract that you electronically signed. Note that we maintain your digital signature, and in fact, no transaction is permitted without manually checking a box stating that you read and agreed to said Terms of Use." ​ And BTW, the terms of use essentially states that they'll fine me $1000 for disputing and send it to collecitons, among other things. Tell me Reddit, how TF is this legal? And what can I do about it?
RESPONSE A: No this is not legal they would be in the right to charge a handling fee if you placed an order but then canceled after they had gone through the effort of packaging the product. However in your case the company canceled the order presumably because they could not fulfill it within a reasonable period of time as such per FTC rules they have to refund the whole amount. The terms and service agreement means nothing if they violate any law or regulations which they would in this case. Thus feel free to chargeback as you are in the right and should they attempt to fine you then it is very likely you would be in the right to chargeback those as well. Here is a link that you could read for your self: https://www.ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order
RESPONSE B: You're right that things like 1000$ fees buried in the TOS are generally not legally binding. The issue is they absolutely can attempt to bill you and send you to collections over it. And you'll have to spend time and effort to contest it. Extraordinarily scummy of this company, but there's not a whole lot you can do without a class action suit where a bunch of customers get together and combine their damages.
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POST: would be helpful.
RESPONSE A: To add to the other comments, even if somehow this is legit (most likely not), this would fall under a civil matter and not criminal. Cops would not be contacting you. They could sue you, but that's it
RESPONSE B: > If this is a real person who accidentally sent me money, I want them to have it back. It's not mine and I don't want to be enriched by someone else's misfortune, even if they did do it themselves. Could this be a money laundering scheme? Others have mentioned that it's a scam, I'll throw a bit of different information here. The way the scam works is that the $500 sent to you is 'bad money'. It's probably a stolen/hacked account, or other identity theft issue. The way you stop the scam is to contact PayPal and have them fix the mistake. No matter what, $500 is getting removed from your account. As I said before, it is 'bad money'. *They will get the 'bad money' back to the original person that it was stolen from.* The scam succeeds when you send 'good money' to the scammer. Don't send your 'good money', in order to keep the 'bad money'. Because even if you send good money, the bad money is still going away. > The next day someone identifying themselves as a Phoenix (IIRC) police officer called me. He said he had someone there that was saying I was refusing to send them money....He said ok they would proceed with filing theft charges. I said thank you for your help and I hung up. Pretty much well done here! > What issues might arise from the phone call with the "cop"? If they call again, immediately note their name, their department ("Property Crime" or "Internet Crimes" department?) and badge number. Do not call the phone number they give you, or the number on your called ID. Instead, call the actual Phoenix, Arizona police department (602-262-6151 https://www.phoenix.gov/police) and verify the caller. You already know this, but the police have not been calling you.
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POST: all the time to get money out of people. He basically said I was stealing it. I said that I wouldn't talk to him any further without a lawyer. He laughed at me and called me an idiot. I told him how would I even know who he was. He said he told me who he was. He then said he would put me down as a suspect. I said ok. He said ok they would proceed with filing theft charges. I said thank you for your help and I hung up. I am trying to get in touch with PayPal now about it, but don't know exactly what I should do. Here are my concerns: If this is a real person who accidentally sent me money, I want them to have it back. It's not mine and I don't want to be enriched by someone else's misfortune, even if they did do it themselves. Could this be a money laundering scheme? What issues might arise from the phone call with the "cop"? Let me know what other information would be helpful.
RESPONSE A: Not a lawyer but it does sound like a scam... I did a quick Google search and the first article that showed up said that apparently it's a thing... "Scammers are laundering stolen cash through money transfer apps, the Better Business Bureau (BBB) reported." (https://www.knoe.com/content/news/KNOE-570158231.html)
RESPONSE B: Definitely a scam. Contact PP and let them know what is going on. Screenshot the texts and phone number the calls are coming from. Email that to PP. Let PP handle it. If it's not a scam, contacting PP to handle the matter shows your due diligence in trying to rectify the situation. If an "officer" calls you back say nothing. Dont even tell them you've contacted PP. Tell them "I have nothing to say, goodbye". If it was an accident, which is very unlikely, then them contacting PP, and you contacting PP will eventually rectify the mistake. PP will reverse the charges. Do not respond to anymore texts or calls. I'm wondering how they even got your phone number to begin with.
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POST: there that was saying I was refusing to send them money. I said I got a phone call from someone claiming to have mistakenly sent me money, but that people use schemes like this all the time to get money out of people. He basically said I was stealing it. I said that I wouldn't talk to him any further without a lawyer. He laughed at me and called me an idiot. I told him how would I even know who he was. He said he told me who he was. He then said he would put me down as a suspect. I said ok. He said ok they would proceed with filing theft charges. I said thank you for your help and I hung up. I am trying to get in touch with PayPal now about it, but don't know exactly what I should do. Here are my concerns: If this is a real person who accidentally sent me money, I want them to have it back. It's not mine and I don't want to be enriched by someone else's misfortune, even if they did do it themselves. Could this be a money laundering scheme? What issues might arise from the phone call with the "cop"? Let me know what other information would be helpful.
RESPONSE A: Scam. And by the way, I’ve heard of PayPal telling people to just go ahead and refund it to the scammer instead of PP reversing it. This is so that PP can avoid liability in the future. Always insist on PayPal handling it internally and tell the people who sent the money that they need to call PayPal.
RESPONSE B: Definitely a scam. Think of it like this, because this is a real life example. I work in hotels. Someone called, said they were bringing a group, wanted to pay up front. They provide a Credit Card number, want to pay the full amount up front. We charge the card for $XXXX. Couple days later they call and say a couple rooms cancelled, can we send them a check for the difference? We send them a check, a week later the CC comes back as fraud. Hotel is out the original money plus the money we sent a check for. Let PayPal handle everything. Ignore everything else.
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POST: first mortgage payment, I saw that there was a February transaction, and in a panic, scrolled back to see the January transaction as well. I immediately called the former landlord, and told him I’d spotted the error. He said that he’d noticed it in January, and was “‘meaning to call me about that”. I said that it was fine, but that I’d like for him to return my money. At that point, he started talking about things he identified on a walkthrough at the end of my lease that he felt were my responsibility. We had talked about that at the time, and the new renter agreed to handle them after she moved in. He went on to say that he was going to hold on to the accidental payment until he had a chance to go back in and see if those things had been fixed. I pointed out that we were no longer in a contract, that the money I accidentally sent him has nothing to do with that contract, and that he needs to send that back to me. He said he’d return the February money, but that he’d get back to me about January. At this point, he’s not planning on sending me anything until at least Sunday when he has a chance to review the place. I’m posting here so it probably goes without saying that he hasn’t returned any of my money. So I’m exploring my options I guess, and wondering if anyone has advice. I think I’m giving him until the end of the day to tell me his next steps, and then filing some claim with small claims court? Not sure what else I should do. My gut tells me not to accept a partial re-payment, but I don’t know if that matters. I’m honestly not sure how he feels like he has a right to hold this money, and take some part of it based on the state of the house that another renter has been in for over a month. Thanks in advance for any advice.
RESPONSE A: Where is this taking place? General us advice is you’d sue him for the return and he’d be able to counter sue for any damages attributed to you.
RESPONSE B: small claims.
Which response is better? RESPONSE
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B
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POST: 21. I’ve had a broken window for over a year now. He’s unable to reach unless it’s about how I’m late on rent. I am currently caught up on rent with help from a mental health clinic I go to therapy at. The grass is a foot tall. There was also a leak from the 2nd floor through the first floor (apartment opposite of mine), and the ceiling has totally fallen out. And the previous tenants had left their stuff and a fridge full of old food which has rotted and there’s tons of bugs. I should call the health department but I am jobless waiting on VA claims for disability so if I lose my apartment I will be homeless. I’m also currently waiting to receive my dd-214 in the mail here. Which I never had a copy of. The amount of anxiety I have about my situation is exhausting. I have no money so I donate plasma and so I’m exhausted all the time. I really don’t want my cat and I on the streets. I have no car. What do I do?
RESPONSE A: Find a new VSO! Talk to your local American Legion, VFW, DAV, ect. to see if they have VSO's who can assist you. Reach out to your VA homeless program and Valor House, see if they can help you with housing, even short term. If you're concerned about your DD214 not finding you, rent a PO box and forward all your mail, starting today. If you leave your current housing, your mail will still have somewhere secure to be delivered to.
RESPONSE B: Firs things first: contact your nearest VA Medical Center and tell the switchboard operator you are at risk of homelessness. They will route your call appropriately. You can also call the number another post provided. Unfortunately Illinois does not allow rent witholding. However, it does allow for a tenant to pay for continuation of utility services and deduct the paid amount from rent if the lease states the landlord is responsible for the utility. It is also grounds for the tenant to terminate the lease without penalty. Running water and trash removal, in addition to the other items you're reporting, are all sanitation issues. Call you town/city Housing Inspector.
Which response is better? RESPONSE
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A
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POST: My landlord pays for my water and trash. The city took the trash bins so there’s no place to put trash and the city just turned off water. What to do? I’m a disabled veteran with PTSD/Major Depression/GAD/ADHD and I’ve been sober from alcohol and cocaine since December 12, 2021. I’ve had a broken window for over a year now. He’s unable to reach unless it’s about how I’m late on rent. I am currently caught up on rent with help from a mental health clinic I go to therapy at. The grass is a foot tall. There was also a leak from the 2nd floor through the first floor (apartment opposite of mine), and the ceiling has totally fallen out. And the previous tenants had left their stuff and a fridge full of old food which has rotted and there’s tons of bugs. I should call the health department but I am jobless waiting on VA claims for disability so if I lose my apartment I will be homeless. I’m also currently waiting to receive my dd-214 in the mail here. Which I never had a copy of. The amount of anxiety I have about my situation is exhausting. I have no money so I donate plasma and so I’m exhausted all the time. I really don’t want my cat and I on the streets. I have no car. What do I do?
RESPONSE A: Firs things first: contact your nearest VA Medical Center and tell the switchboard operator you are at risk of homelessness. They will route your call appropriately. You can also call the number another post provided. Unfortunately Illinois does not allow rent witholding. However, it does allow for a tenant to pay for continuation of utility services and deduct the paid amount from rent if the lease states the landlord is responsible for the utility. It is also grounds for the tenant to terminate the lease without penalty. Running water and trash removal, in addition to the other items you're reporting, are all sanitation issues. Call you town/city Housing Inspector.
RESPONSE B: I don’t know if I’m allowed to post links but try these guys too https://ilaflan.org/
Which response is better? RESPONSE
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B
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POST: My landlord pays for my water and trash. The city took the trash bins so there’s no place to put trash and the city just turned off water. What to do? I’m a disabled veteran with PTSD/Major Depression/GAD/ADHD and I’ve been sober from alcohol and cocaine since December 12, 2021. I’ve had a broken window for over a year now. He’s unable to reach unless it’s about how I’m late on rent. I am currently caught up on rent with help from a mental health clinic I go to therapy at. The grass is a foot tall. There was also a leak from the 2nd floor through the first floor (apartment opposite of mine), and the ceiling has totally fallen out. And the previous tenants had left their stuff and a fridge full of old food which has rotted and there’s tons of bugs. I should call the health department but I am jobless waiting on VA claims for disability so if I lose my apartment I will be homeless. I’m also currently waiting to receive my dd-214 in the mail here. Which I never had a copy of. The amount of anxiety I have about my situation is exhausting. I have no money so I donate plasma and so I’m exhausted all the time. I really don’t want my cat and I on the streets. I have no car. What do I do?
RESPONSE A: I don’t know if I’m allowed to post links but try these guys too https://ilaflan.org/
RESPONSE B: In addition to the other resources mentioned here there is 211, the United Way referral helpline. "Disabled vet on the verge of homelessness" is a demographic for which there will be at least *some* resources, which 211 can put you in touch with.
Which response is better? RESPONSE
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A
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POST: What to do? I’m a disabled veteran with PTSD/Major Depression/GAD/ADHD and I’ve been sober from alcohol and cocaine since December 12, 2021. I’ve had a broken window for over a year now. He’s unable to reach unless it’s about how I’m late on rent. I am currently caught up on rent with help from a mental health clinic I go to therapy at. The grass is a foot tall. There was also a leak from the 2nd floor through the first floor (apartment opposite of mine), and the ceiling has totally fallen out. And the previous tenants had left their stuff and a fridge full of old food which has rotted and there’s tons of bugs. I should call the health department but I am jobless waiting on VA claims for disability so if I lose my apartment I will be homeless. I’m also currently waiting to receive my dd-214 in the mail here. Which I never had a copy of. The amount of anxiety I have about my situation is exhausting. I have no money so I donate plasma and so I’m exhausted all the time. I really don’t want my cat and I on the streets. I have no car. What do I do?
RESPONSE A: Have you contacted your local health department and/or building inspector? I am on the Board of Health In my city, and turned off water and lack of trash disposal would be a major health code violation. We would have an inspector at the property immediately and the owner would be fined each day they didn’t fix the situation. We also get concerned over tall grass because it’s a lure for rodents. Health departments hate rat infestations because they can get out of control very quickly. I’m not saying that you should lie but if you thought you saw a rat in the tall grass that would get some attention. I’d also suggest calling your local Veteran Affairs office. In my city, we have a great Veteran Affairs director who knows all the resources available to help vets. Good luck and thank you for your service.
RESPONSE B: I don’t know if I’m allowed to post links but try these guys too https://ilaflan.org/
Which response is better? RESPONSE
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A
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POST: Can my landlord turn the water off because our water bill is too high? (KY, USA) There is something wrong with the water where I live that is causing a very high water bill— I’m not sure if it is our problem or the neighbors’ problem, as we’re in a duplex— but my landlord is threatening to turn our water off if it isn’t resolved. Is she allowed to do that?
RESPONSE A: >There is something wrong with the water where I live that is causing a very high water bill An unusually high water bill is often a sign of a pluming leak. ​ >but my landlord is threatening to turn our water off if it isn’t resolved. Your landlord is the one who should be taking steps to resolve this. A landlord is normally responsible for plumbing repairs. The landlord can charge you for the cost of the repair if you were somehow responsible for the damage. For example, if you were hanging a picture on the wall and somehow drove a nail through a water line, the landlord can charge you for the repair. If you haven't caused any leaks that you know of, and you haven't started using an unusually large amount of water, then it's not really up to you to resolve this. If I was in your situation, I would let the landlord know that you have no idea why the water bill is so high, but you've been told that this could be caused by a water leak. The landlord should hire a plumber to check for leaks. Tell the landlord this in writing (could be text or email) and be sure to save a copy. Save any texts or emails that the landlord has sent you about this. This serves as evidence that the landlord knew of the problem. This makes it more difficult for the landlord to try to blame you if the water bill remains excessive or if there is a leak and it causes damage. (Am not a lawyer or a plumber).
RESPONSE B: No, she can't. Wtf, "I'm gonna turn your water off instead of locating and fixing the very obvious leak". Tf is wrong with her?
Which response is better? RESPONSE
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B
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POST: I use any of this as grounds to break my lease and move out?
RESPONSE A: If turning it off causes damage, then the LL may be able to bill you for that damage when you move out. However, I don't believe that turning off a fountain will damage it. You should protect yourself against the possibility that he will bill you for it anyway by taking note of the condition of the fountain before you move out. The reply that suggested this is a constructive eviction is incorrect. You cannot break your lease and move out just because you and your LL disagree, or because you don't like him, or because he comes around a lot. You may have legal recourse to recoup the cost of running the fountain from your LL, but it would involve going to court. Your LL is correct that this is a common area, and that turning it off is depriving other residents of a common feature. But you're correct that you aren't responsible to pay for it or maintain it if you haven't agreed to do so; maintaining that feature is your landlord's responsibility, not yours.
RESPONSE B: It is not uncommon for one apartment in a smaller building to also have the "common areas" on it's meter. I do not know the rules in CA, but in some places this means the LL must pay the bill, and include the electric in the set rent. In others it must simply be disclosed, prorated, etc. Look up your rights on that front, but it might get confusing if you are just renting a single room. It stands to reason that if you are renting a single room, not the entire house, you have no business paying to heat, power, or water the entire house. If the landlord can not find renters for the other rooms to cover his expenses that is his problem not yours. I think he is taking advantage of you to cover his losses on utilities because he can not find tenants. As an aside, when you do rent an entire house, there are often requirements like "the heat must be set above X degrees" or "the basement dehumidifier must be kept running" even "The fountains must be kept flowing" in the rental agreement to prevent damage like frozen pipes.
Which response is better? RESPONSE
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A
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POST: the fountains are part of a 'common area'. He said that if they were not running that would damage the fountains. I responded by telling him that I don't intend on running the fountains because it's costing me money, and it's not mentioned anywhere in the lease that I have to maintain the fountains. He proceeded to yell at me (pretty much harassing me) and said a bunch of stuff that made no sense, for example that he would bill me if the fountains were unplugged. ​ Do I legally have to run the fountain? Can the landlord legally keep plugging it back in? This is just one incident of many where the landlord has yelled at me. I feel uncomfortable living here and it's weird to me that the landlord comes every single day (I feel like I'm being watched). Can I use any of this as grounds to break my lease and move out?
RESPONSE A: It is not uncommon for one apartment in a smaller building to also have the "common areas" on it's meter. I do not know the rules in CA, but in some places this means the LL must pay the bill, and include the electric in the set rent. In others it must simply be disclosed, prorated, etc. Look up your rights on that front, but it might get confusing if you are just renting a single room. It stands to reason that if you are renting a single room, not the entire house, you have no business paying to heat, power, or water the entire house. If the landlord can not find renters for the other rooms to cover his expenses that is his problem not yours. I think he is taking advantage of you to cover his losses on utilities because he can not find tenants. As an aside, when you do rent an entire house, there are often requirements like "the heat must be set above X degrees" or "the basement dehumidifier must be kept running" even "The fountains must be kept flowing" in the rental agreement to prevent damage like frozen pipes.
RESPONSE B: Seems like if it's that important to him he could give you a discount in exchange for the fountain's electric usage
Which response is better? RESPONSE
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A
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POST: it. He immediately started yelling at me and telling me that the fountains are part of a 'common area'. He said that if they were not running that would damage the fountains. I responded by telling him that I don't intend on running the fountains because it's costing me money, and it's not mentioned anywhere in the lease that I have to maintain the fountains. He proceeded to yell at me (pretty much harassing me) and said a bunch of stuff that made no sense, for example that he would bill me if the fountains were unplugged. ​ Do I legally have to run the fountain? Can the landlord legally keep plugging it back in? This is just one incident of many where the landlord has yelled at me. I feel uncomfortable living here and it's weird to me that the landlord comes every single day (I feel like I'm being watched). Can I use any of this as grounds to break my lease and move out?
RESPONSE A: If turning it off causes damage, then the LL may be able to bill you for that damage when you move out. However, I don't believe that turning off a fountain will damage it. You should protect yourself against the possibility that he will bill you for it anyway by taking note of the condition of the fountain before you move out. The reply that suggested this is a constructive eviction is incorrect. You cannot break your lease and move out just because you and your LL disagree, or because you don't like him, or because he comes around a lot. You may have legal recourse to recoup the cost of running the fountain from your LL, but it would involve going to court. Your LL is correct that this is a common area, and that turning it off is depriving other residents of a common feature. But you're correct that you aren't responsible to pay for it or maintain it if you haven't agreed to do so; maintaining that feature is your landlord's responsibility, not yours.
RESPONSE B: Seems like if it's that important to him he could give you a discount in exchange for the fountain's electric usage
Which response is better? RESPONSE
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A
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POST: late in the evening (8pm). The next day I unplugged the fountain and emptied the water in the bowl of the fountain. That evening I saw the landlord refilling the water, so I came out and confronted him about it. He immediately started yelling at me and telling me that the fountains are part of a 'common area'. He said that if they were not running that would damage the fountains. I responded by telling him that I don't intend on running the fountains because it's costing me money, and it's not mentioned anywhere in the lease that I have to maintain the fountains. He proceeded to yell at me (pretty much harassing me) and said a bunch of stuff that made no sense, for example that he would bill me if the fountains were unplugged. ​ Do I legally have to run the fountain? Can the landlord legally keep plugging it back in? This is just one incident of many where the landlord has yelled at me. I feel uncomfortable living here and it's weird to me that the landlord comes every single day (I feel like I'm being watched). Can I use any of this as grounds to break my lease and move out?
RESPONSE A: Not a lawyer but a former renter from California with a problematic Landlady who liked to show up unannounced, enter my apartment without permission/advanced notice, etc. There are a few options you should look into because it sounds like your landlord is intense. This is a link for a guide to California Tenants rights and there are likely some seminars or clinics you can attend in your county regarding tenant/landlord issues to help you resolve things. Call the california bar association and ask and look through your library, sometimes they offer community stuff like this. It might be wise to start looking for a new place anyhow, landlords who lurk like that are generally problematic human beings anyhow.
RESPONSE B: Not a lawyer, but given the droughts in CA, isn't this illegal regardless? I thought there were pretty strict water bans in pace (although they may not apply to where you're at?)
Which response is better? RESPONSE
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A
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POST: Landlord "fixed" freezing pipes issue by installing pumps on hot water tank. Since then my electric usage has doubled. I keep getting $300+ electric bills because the hot water heater is constantly running.
RESPONSE A: What state are you in? Are you renting a whole house, or an apartment? Does the water heater serve more than just your apartment? If it serves more than your apartment/residence, it's illegal. One tenant cannot be made to pay for something used by all tenants (such as lighting in the hallway outside or parking lot lights).
RESPONSE B: You’re not quite in the legal phase yet. You need more information from an electrician and water heater professional. Although it is frustrating to be in your place right now, more facts are needed.
Which response is better? RESPONSE
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A
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POST: My Landlord has turned off the hot water and unplugged all the large appliances in my house and threw out all the food and took the liquor in the fridge and freezer. What can I do? (NB, Canada) My roommates and I are not living in the house consistently through the summer but will be in the house off and on. The House is in a student town and I'm pretty sure the landlord is trying to pocket the money from our hydro. We've already sent an email saying this is not acceptable and threatening to go to the rentalsmen if the issue isn't cleared up. Any advice would be great!
RESPONSE A: Contact the police via the non-emergency number regarding the theft of food and liquor. If there's no evidence (security camera footage, admission from the landlord, etc) they may be limited in what they can do, but it's worth a try. If you can't turn the hot water back on yourself, and the landlord refuses to comply, contact the New Brunswick Residential Tenancies Tribunal. You may wish to get a cheap security camera that records anyone entering your suite with the time and date, so that you have evidence if your landlord enters illegally again. In BC, you can provide the footage to the Residential Tenancy Branch, and they may allow you to change the locks. NB probably has a similar law. Is there anything to the story that we're missing? I've had some crap landlords, but never had one unplug my fridge and help himself to my food.
RESPONSE B: Did he/she tell you 24h in advance before walking into the house?
Which response is better? RESPONSE
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A
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POST: when they can turn it on for me. She responded "Radicalvic1 (she used my first name like she's my mom. That really pissed me off) I hate to inform you but that's not how it works! I told you both that utilities needed to be turned on in your name. I already have other tenants with utilities on in there name waiting for us to clean up. That's not gonna fly with me." Anyway, here is the issues. I am extremely upset that I am required to pay for them to use the water and electricity to clean the apartment weeks before we move in. I don't want to push too hard. Where we live good, affordable housing is hard to come by. I am worried that she will decide to cancel the lease and return our deposit. Considering we have to be out of our current house with all of our stuff by July 13, this would be a massive problem. The lease I signed has no mention that I am required to turn on the power and water beforehand so that they can clean the house for us. My current plan is to record all of the information and cost of their cleaning. I will then take them to small claims court in a year when our lease is up. I can already tell I am going to have issues with this land lord, but I don't have any other options at this point in time. I am so frustrated by this situation and my new landlord. What are my rights and options? Thank you for your answers, I apologize if this is long.
RESPONSE A: People in this subreddit love to give the advice "look at the contract and tell the landlord to fuck off". And I may get downvoted for this. But unlike many, I'm a real lawyer. I like to talk to my clients about the cost benefit analysis of things. How much is two weeks of electricity going to cost? $50 at most? Are you willing to have her cancel the lease (which may be possible per the lease terms) over $50? Do you want to live there? Do you want to have a good relationship with your landlord? How much time, effort, and energy will it cost you to fight it?
RESPONSE B: Have you tried asking for a discount on next month's rent in exchange for signing up for utilities early?
Which response is better? RESPONSE
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A
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POST: 7th that is when they can turn it on for me. She responded "Radicalvic1 (she used my first name like she's my mom. That really pissed me off) I hate to inform you but that's not how it works! I told you both that utilities needed to be turned on in your name. I already have other tenants with utilities on in there name waiting for us to clean up. That's not gonna fly with me." Anyway, here is the issues. I am extremely upset that I am required to pay for them to use the water and electricity to clean the apartment weeks before we move in. I don't want to push too hard. Where we live good, affordable housing is hard to come by. I am worried that she will decide to cancel the lease and return our deposit. Considering we have to be out of our current house with all of our stuff by July 13, this would be a massive problem. The lease I signed has no mention that I am required to turn on the power and water beforehand so that they can clean the house for us. My current plan is to record all of the information and cost of their cleaning. I will then take them to small claims court in a year when our lease is up. I can already tell I am going to have issues with this land lord, but I don't have any other options at this point in time. I am so frustrated by this situation and my new landlord. What are my rights and options? Thank you for your answers, I apologize if this is long.
RESPONSE A: People in this subreddit love to give the advice "look at the contract and tell the landlord to fuck off". And I may get downvoted for this. But unlike many, I'm a real lawyer. I like to talk to my clients about the cost benefit analysis of things. How much is two weeks of electricity going to cost? $50 at most? Are you willing to have her cancel the lease (which may be possible per the lease terms) over $50? Do you want to live there? Do you want to have a good relationship with your landlord? How much time, effort, and energy will it cost you to fight it?
RESPONSE B: If it’s not on the lease, tell em to jog on.
Which response is better? RESPONSE
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B
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POST: of our current house with all of our stuff by July 13, this would be a massive problem. The lease I signed has no mention that I am required to turn on the power and water beforehand so that they can clean the house for us. My current plan is to record all of the information and cost of their cleaning. I will then take them to small claims court in a year when our lease is up. I can already tell I am going to have issues with this land lord, but I don't have any other options at this point in time. I am so frustrated by this situation and my new landlord. What are my rights and options? Thank you for your answers, I apologize if this is long.
RESPONSE A: You have a couple options. 1. Tell them the lease dies not state that you need to turn the power on for them to clean. 2. Turn the power on and "suck it up". 3. Tell them the lease does not state you need to do it but you will and deduct the prorated amount from,the first months rent.
RESPONSE B: There is a lot of debate in the comments of this thread. You obviously want the house and don’t want to have to find another. So telling the LL you won’t cooperate is not a good option. Instead you want to make sure landlord reimburses you for this. I would respond to LL with something like: “Dear Landlord, Despite no requirement in our lease for me to do so, in the interests of starting out our tenancy on good terms with you, we will agree to turn on the utilities early for you if you agree to reimburse us as a credit against rent due a pro-rated amount of the first month’s utility charges based on the actual first month’s bill and the number of days that the utilities were turned on prior to our move-in date as a proportion of the number of days in the first billing period. In other words, we don’t want to incur utility costs associated with your pre-cleaning and preparation of the unit as these are not our costs to bear pursuant to the existing lease. Please prepare and execute a binding addendum to our lease and email it to me. We will gladly countersign and work with the utility companies to get everything turned on timely.”
Which response is better? RESPONSE
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A
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POST: in. I don't want to push too hard. Where we live good, affordable housing is hard to come by. I am worried that she will decide to cancel the lease and return our deposit. Considering we have to be out of our current house with all of our stuff by July 13, this would be a massive problem. The lease I signed has no mention that I am required to turn on the power and water beforehand so that they can clean the house for us. My current plan is to record all of the information and cost of their cleaning. I will then take them to small claims court in a year when our lease is up. I can already tell I am going to have issues with this land lord, but I don't have any other options at this point in time. I am so frustrated by this situation and my new landlord. What are my rights and options? Thank you for your answers, I apologize if this is long.
RESPONSE A: There is a lot of debate in the comments of this thread. You obviously want the house and don’t want to have to find another. So telling the LL you won’t cooperate is not a good option. Instead you want to make sure landlord reimburses you for this. I would respond to LL with something like: “Dear Landlord, Despite no requirement in our lease for me to do so, in the interests of starting out our tenancy on good terms with you, we will agree to turn on the utilities early for you if you agree to reimburse us as a credit against rent due a pro-rated amount of the first month’s utility charges based on the actual first month’s bill and the number of days that the utilities were turned on prior to our move-in date as a proportion of the number of days in the first billing period. In other words, we don’t want to incur utility costs associated with your pre-cleaning and preparation of the unit as these are not our costs to bear pursuant to the existing lease. Please prepare and execute a binding addendum to our lease and email it to me. We will gladly countersign and work with the utility companies to get everything turned on timely.”
RESPONSE B: Have you tried asking for a discount on next month's rent in exchange for signing up for utilities early?
Which response is better? RESPONSE
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A
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POST: weeks before we move in. I don't want to push too hard. Where we live good, affordable housing is hard to come by. I am worried that she will decide to cancel the lease and return our deposit. Considering we have to be out of our current house with all of our stuff by July 13, this would be a massive problem. The lease I signed has no mention that I am required to turn on the power and water beforehand so that they can clean the house for us. My current plan is to record all of the information and cost of their cleaning. I will then take them to small claims court in a year when our lease is up. I can already tell I am going to have issues with this land lord, but I don't have any other options at this point in time. I am so frustrated by this situation and my new landlord. What are my rights and options? Thank you for your answers, I apologize if this is long.
RESPONSE A: There is a lot of debate in the comments of this thread. You obviously want the house and don’t want to have to find another. So telling the LL you won’t cooperate is not a good option. Instead you want to make sure landlord reimburses you for this. I would respond to LL with something like: “Dear Landlord, Despite no requirement in our lease for me to do so, in the interests of starting out our tenancy on good terms with you, we will agree to turn on the utilities early for you if you agree to reimburse us as a credit against rent due a pro-rated amount of the first month’s utility charges based on the actual first month’s bill and the number of days that the utilities were turned on prior to our move-in date as a proportion of the number of days in the first billing period. In other words, we don’t want to incur utility costs associated with your pre-cleaning and preparation of the unit as these are not our costs to bear pursuant to the existing lease. Please prepare and execute a binding addendum to our lease and email it to me. We will gladly countersign and work with the utility companies to get everything turned on timely.”
RESPONSE B: If it’s not on the lease, tell em to jog on.
Which response is better? RESPONSE
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A
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POST: Landlord shutting off water without notice I live in Phoenix, Arizona. My landlord regularly will turn off the entire complexes water supply without any notice, and without reason. They did so last night for about 12 hours, leaving me unable to pee in my toilet as I was in the middle of cleaning whenever it happened. This is especially heinous due to the fact that I'm 9 months pregnant and have to pee every 30 minutes lol. I know this is area specific, I tried to post it on the Phoenix subreddit but they said to try a legal forum instead because it "didn't pertain to the area". Anyways, what should I do to stop them cutting the water supply? Does anyone know the tenant rights in Phoenix, because Google says a few different things?? Also, should I call the non-emergency police dept next time this happens, or maybe a lawyer, since the landlord refuses to give proper notice? Thank you in advance and I appreciate any/all responses.
RESPONSE A: When the water gets turned off, call the Department of Health to inform once it is over an hour or so. They will investigate and fine
RESPONSE B: Was this an emergency shut-off?
Which response is better? RESPONSE
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A
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POST: Landlord is kicking me out, what should I do? Hello y'all, This is for a friend who is being evicted because her landlord is having a "Divorce" and husband is moving into the guest house were my friend is living at the moment. She lives in a gust house in California in the San Fernando Valley moved in early March. She is always paying her side of the rent and is never late as well. She's had problems with the landlords wife because she always has her son over helping as she trying to make her new place feel like home. As of today she got a text saying her(Landlord) husband and her are getting a divorce. The husband will be moving in the guest house, so she will need to move asap. I know there are laws that protect someone who has been living more than a month in a place, but im not entirely sure. ​ Hope someone could help out my friend, she is a very lovely older lady and is trying her best to live at peace.
RESPONSE A: On a month-to-month lease that has been going on for less than a year, there is no protection from lease non-renewal. She cannot be made to leave right away, but if the landlord gives an actual notice of non-renewal of the lease she will need to leave in thirty days.
RESPONSE B: Does your friend have a lease?
Which response is better? RESPONSE
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A
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POST: Landlord is kicking me out, what should I do? Hello y'all, This is for a friend who is being evicted because her landlord is having a "Divorce" and husband is moving into the guest house were my friend is living at the moment. She lives in a gust house in California in the San Fernando Valley moved in early March. She is always paying her side of the rent and is never late as well. She's had problems with the landlords wife because she always has her son over helping as she trying to make her new place feel like home. As of today she got a text saying her(Landlord) husband and her are getting a divorce. The husband will be moving in the guest house, so she will need to move asap. I know there are laws that protect someone who has been living more than a month in a place, but im not entirely sure. ​ Hope someone could help out my friend, she is a very lovely older lady and is trying her best to live at peace.
RESPONSE A: If its in California it can be time consuming to terminate a lease or evict. If I was her I would do a pay to go deal. Find a new place and figure to cost and tell the landlord she'll move when the new place is available. If not then make them evict which takes awhile. Realistically though landlord's should have the right to not renew leases so I wouldn't be to upset by that. The asap thing is absurd though. With less than a year there it's a bit much to expect someone to vacate. Just someone else who doesn't understand the responsibilities of being a landlord.
RESPONSE B: Does your friend have a lease?
Which response is better? RESPONSE
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B
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POST: Landlord is kicking me out, what should I do? Hello y'all, This is for a friend who is being evicted because her landlord is having a "Divorce" and husband is moving into the guest house were my friend is living at the moment. She lives in a gust house in California in the San Fernando Valley moved in early March. She is always paying her side of the rent and is never late as well. She's had problems with the landlords wife because she always has her son over helping as she trying to make her new place feel like home. As of today she got a text saying her(Landlord) husband and her are getting a divorce. The husband will be moving in the guest house, so she will need to move asap. I know there are laws that protect someone who has been living more than a month in a place, but im not entirely sure. ​ Hope someone could help out my friend, she is a very lovely older lady and is trying her best to live at peace.
RESPONSE A: https://landlordtenant.dre.ca.gov/resources/guidebook/index.html https://www.stayhousedla.org/tenant\_rights https://wdacs.lacounty.gov/stories/la-county-eviction-mediation-assistance-helpline/
RESPONSE B: San Fernando valley is under la city rent control which is very strict. Your friend should look into laws . I believe 60 days notice is the shortest if they don’t fall under stricter rules which they most likely do. I don’t know if guest houses have different rules but contact HCIDLA.org for help. Most likely landlord is SOL and tenant can demand cash 4 keys or refuse to leave.
Which response is better? RESPONSE
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B
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POST: Landlord is kicking me out, what should I do? Hello y'all, This is for a friend who is being evicted because her landlord is having a "Divorce" and husband is moving into the guest house were my friend is living at the moment. She lives in a gust house in California in the San Fernando Valley moved in early March. She is always paying her side of the rent and is never late as well. She's had problems with the landlords wife because she always has her son over helping as she trying to make her new place feel like home. As of today she got a text saying her(Landlord) husband and her are getting a divorce. The husband will be moving in the guest house, so she will need to move asap. I know there are laws that protect someone who has been living more than a month in a place, but im not entirely sure. ​ Hope someone could help out my friend, she is a very lovely older lady and is trying her best to live at peace.
RESPONSE A: https://www.stayhousedla.org/referral
RESPONSE B: San Fernando valley is under la city rent control which is very strict. Your friend should look into laws . I believe 60 days notice is the shortest if they don’t fall under stricter rules which they most likely do. I don’t know if guest houses have different rules but contact HCIDLA.org for help. Most likely landlord is SOL and tenant can demand cash 4 keys or refuse to leave.
Which response is better? RESPONSE
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B
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POST: My company has added a coworkers income into my draw because "most of the work she does benefits me". My wife and I work for the same company. She is salaried and I work on commission, paid a draw abd then my commissions are to be paid out monthly. I put in my notice two weeks ago because I haven't seen commission since February. With my notice I noted that the state law around termination of employment for a commissioned sales person is that they pay me 100% up to date within 30 days of my last day. Today I received my commission statement and when they figured my draw against my commission, for the first time in five years, the deducted my wifes salary in full from my commissions. So effectively, I paid her for the last 5 months instead of the company. My CEO says we discussed this but we definitely never did. What does my recourse look like here if he does not correct this? I'm in Missouri and he is in California if that matters.
RESPONSE A: Local labor board
RESPONSE B: Shorted you $11.5K? Pay a consultation fee for an employment lawyer or look for a free consultation. Perhaps a demand letter would do the trick.
Which response is better? RESPONSE
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A
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POST: My company has added a coworkers income into my draw because "most of the work she does benefits me". My wife and I work for the same company. She is salaried and I work on commission, paid a draw abd then my commissions are to be paid out monthly. I put in my notice two weeks ago because I haven't seen commission since February. With my notice I noted that the state law around termination of employment for a commissioned sales person is that they pay me 100% up to date within 30 days of my last day. Today I received my commission statement and when they figured my draw against my commission, for the first time in five years, the deducted my wifes salary in full from my commissions. So effectively, I paid her for the last 5 months instead of the company. My CEO says we discussed this but we definitely never did. What does my recourse look like here if he does not correct this? I'm in Missouri and he is in California if that matters.
RESPONSE A: Your wife’s salary is nothing to do with your salary. That sounds extremely dodgy. Get a lawyer.
RESPONSE B: Find the phone number for your local bar association. Tell them your situation and they’ll give you a list of referrals for an attorney.
Which response is better? RESPONSE
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B
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POST: My company has added a coworkers income into my draw because "most of the work she does benefits me". My wife and I work for the same company. She is salaried and I work on commission, paid a draw abd then my commissions are to be paid out monthly. I put in my notice two weeks ago because I haven't seen commission since February. With my notice I noted that the state law around termination of employment for a commissioned sales person is that they pay me 100% up to date within 30 days of my last day. Today I received my commission statement and when they figured my draw against my commission, for the first time in five years, the deducted my wifes salary in full from my commissions. So effectively, I paid her for the last 5 months instead of the company. My CEO says we discussed this but we definitely never did. What does my recourse look like here if he does not correct this? I'm in Missouri and he is in California if that matters.
RESPONSE A: You really need to talk with a lawyer who specializes in this for your state.
RESPONSE B: Your wife’s salary is nothing to do with your salary. That sounds extremely dodgy. Get a lawyer.
Which response is better? RESPONSE
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A
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POST: My company has added a coworkers income into my draw because "most of the work she does benefits me". My wife and I work for the same company. She is salaried and I work on commission, paid a draw abd then my commissions are to be paid out monthly. I put in my notice two weeks ago because I haven't seen commission since February. With my notice I noted that the state law around termination of employment for a commissioned sales person is that they pay me 100% up to date within 30 days of my last day. Today I received my commission statement and when they figured my draw against my commission, for the first time in five years, the deducted my wifes salary in full from my commissions. So effectively, I paid her for the last 5 months instead of the company. My CEO says we discussed this but we definitely never did. What does my recourse look like here if he does not correct this? I'm in Missouri and he is in California if that matters.
RESPONSE A: So if the company is based in California I’m sure they’ll frown heavily on what he’s doing. You can try reaching out to someone in Missouri but you’re better off contacting the California Labor dept. You can try a lawyer as well but again go with someone in Cali. who knows the laws better. I’m in Massachusetts and the labor commission sues the company for you and the state.
RESPONSE B: Find the phone number for your local bar association. Tell them your situation and they’ll give you a list of referrals for an attorney.
Which response is better? RESPONSE
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A
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POST: My company has added a coworkers income into my draw because "most of the work she does benefits me". My wife and I work for the same company. She is salaried and I work on commission, paid a draw abd then my commissions are to be paid out monthly. I put in my notice two weeks ago because I haven't seen commission since February. With my notice I noted that the state law around termination of employment for a commissioned sales person is that they pay me 100% up to date within 30 days of my last day. Today I received my commission statement and when they figured my draw against my commission, for the first time in five years, the deducted my wifes salary in full from my commissions. So effectively, I paid her for the last 5 months instead of the company. My CEO says we discussed this but we definitely never did. What does my recourse look like here if he does not correct this? I'm in Missouri and he is in California if that matters.
RESPONSE A: So if the company is based in California I’m sure they’ll frown heavily on what he’s doing. You can try reaching out to someone in Missouri but you’re better off contacting the California Labor dept. You can try a lawyer as well but again go with someone in Cali. who knows the laws better. I’m in Massachusetts and the labor commission sues the company for you and the state.
RESPONSE B: You really need to talk with a lawyer who specializes in this for your state.
Which response is better? RESPONSE
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A
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POST: I was hit by a car Exactly what it says on the tin - I was a pedestrian walking to work who got hit by a car one night. I've had to request the police report because I have no memory of the accident or the roughly half an hour leading up to the accident. I had to be taken by ambulance to a nearby hospital where I was finally aware enough to have my long term memory back about 6 hours later. I had a fairly severe concussion and a large laceration on the the back of my right thigh which is going to make walking very challenging for some time. What should I do next?
RESPONSE A: Former insurance adjuster here. It sounds like you sustained a pretty sever injury. You may want a personal injury attorney. I would recommend that you stay away from the big firms that advertise on TV and instead contact your state bar for recommendations. I would also recommend you make a claim with the responsible party's insurance which should be on the police report. The police may be willing to give you the first page with all the involved party's contact information before the full report is ready, but you'll want to call and ask. Your own auto insurance may have some coverage for you as a pedestrian, so it may also be worth a claim with them.
RESPONSE B: Look for a personal injury attorney. If they think there's a case they'll work for you to get the max. They'll obviously get a piece of the pie but that's usually the way to go
Which response is better? RESPONSE
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A
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POST: I was hit by a car Exactly what it says on the tin - I was a pedestrian walking to work who got hit by a car one night. I've had to request the police report because I have no memory of the accident or the roughly half an hour leading up to the accident. I had to be taken by ambulance to a nearby hospital where I was finally aware enough to have my long term memory back about 6 hours later. I had a fairly severe concussion and a large laceration on the the back of my right thigh which is going to make walking very challenging for some time. What should I do next?
RESPONSE A: Former insurance adjuster here. It sounds like you sustained a pretty sever injury. You may want a personal injury attorney. I would recommend that you stay away from the big firms that advertise on TV and instead contact your state bar for recommendations. I would also recommend you make a claim with the responsible party's insurance which should be on the police report. The police may be willing to give you the first page with all the involved party's contact information before the full report is ready, but you'll want to call and ask. Your own auto insurance may have some coverage for you as a pedestrian, so it may also be worth a claim with them.
RESPONSE B: The first step is to get that police report so you can have the information to set up a claim. This wasa serious injury, so I would personally talk with an attorney. I worked as a PI legal assistant for a while, and while I think a lot of our cases don't necessarily need an attorney, this one is big enough that having that guidance could be very useful. You'll definitely want to follow through on all medical referrals and attend physical therapy to get you back to a normal life.
Which response is better? RESPONSE
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A
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POST: California: I was served with a TRO: No Contact of any kind against someone I don't know! I was served yesterday, 4-ish pm. I was on a work call. When I signed it, I thought it was something else that I was expecting. ​ What I got was a TRO. It's very detailed about not contacting a person in any form. And I seriously have no clue who the person is.
RESPONSE A: Check your credit. It’s possible that your identity was stolen.
RESPONSE B: Absolutely dispute it with an attorney’s assistance. Mistaken identity, error by the court, or someone you pissed off unknowingly doesn’t matter. Depending on your field a TRO could cause problems later, it would for me with a clearance and bar license - I’d have to fight it.
Which response is better? RESPONSE
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A
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POST: California: I was served with a TRO: No Contact of any kind against someone I don't know! I was served yesterday, 4-ish pm. I was on a work call. When I signed it, I thought it was something else that I was expecting. ​ What I got was a TRO. It's very detailed about not contacting a person in any form. And I seriously have no clue who the person is.
RESPONSE A: Check your credit. It’s possible that your identity was stolen.
RESPONSE B: I think the best thing to do at this point, if you really do not know who the person is, go to the CA court website in your county and follow the instruction on how to prepare a Response to a Request for a Restraining Order, and write a Declaration (follow the instructions!) state you have no idea who this person is. Have it served on the other person and file a copy with the court. If it's a mistake, the Petitioner may withdraw the Request for the RO. There should have been a court date scheduled on the paperwork you received. If you do not get information that the TRO and/or Request for a permanent RO have been withdrawn, go to court for the scheduled hearing. The judge will have read your Response and you can tell the judge you don't know this person. The court will likely not grant a permanent RO, and the TRO will expire. If you think this is a big mistake, you can probably not spend money on an attorney and handle it yourself. But I caution you, make sure and file a Response and make sure you use the correct form, it is property served and you file proof of service. Now, if you do know this person, probably retain an attorney. However, if the other party proceeds on mistaken identity, and you have to retain a lawyer, you may request the other party pay your legal fees.
Which response is better? RESPONSE
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B
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POST: California: I was served with a TRO: No Contact of any kind against someone I don't know! I was served yesterday, 4-ish pm. I was on a work call. When I signed it, I thought it was something else that I was expecting. ​ What I got was a TRO. It's very detailed about not contacting a person in any form. And I seriously have no clue who the person is.
RESPONSE A: I think the best thing to do at this point, if you really do not know who the person is, go to the CA court website in your county and follow the instruction on how to prepare a Response to a Request for a Restraining Order, and write a Declaration (follow the instructions!) state you have no idea who this person is. Have it served on the other person and file a copy with the court. If it's a mistake, the Petitioner may withdraw the Request for the RO. There should have been a court date scheduled on the paperwork you received. If you do not get information that the TRO and/or Request for a permanent RO have been withdrawn, go to court for the scheduled hearing. The judge will have read your Response and you can tell the judge you don't know this person. The court will likely not grant a permanent RO, and the TRO will expire. If you think this is a big mistake, you can probably not spend money on an attorney and handle it yourself. But I caution you, make sure and file a Response and make sure you use the correct form, it is property served and you file proof of service. Now, if you do know this person, probably retain an attorney. However, if the other party proceeds on mistaken identity, and you have to retain a lawyer, you may request the other party pay your legal fees.
RESPONSE B: Absolutely dispute it with an attorney’s assistance. Mistaken identity, error by the court, or someone you pissed off unknowingly doesn’t matter. Depending on your field a TRO could cause problems later, it would for me with a clearance and bar license - I’d have to fight it.
Which response is better? RESPONSE
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B
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POST: California: I was served with a TRO: No Contact of any kind against someone I don't know! I was served yesterday, 4-ish pm. I was on a work call. When I signed it, I thought it was something else that I was expecting. ​ What I got was a TRO. It's very detailed about not contacting a person in any form. And I seriously have no clue who the person is.
RESPONSE A: I think the best thing to do at this point, if you really do not know who the person is, go to the CA court website in your county and follow the instruction on how to prepare a Response to a Request for a Restraining Order, and write a Declaration (follow the instructions!) state you have no idea who this person is. Have it served on the other person and file a copy with the court. If it's a mistake, the Petitioner may withdraw the Request for the RO. There should have been a court date scheduled on the paperwork you received. If you do not get information that the TRO and/or Request for a permanent RO have been withdrawn, go to court for the scheduled hearing. The judge will have read your Response and you can tell the judge you don't know this person. The court will likely not grant a permanent RO, and the TRO will expire. If you think this is a big mistake, you can probably not spend money on an attorney and handle it yourself. But I caution you, make sure and file a Response and make sure you use the correct form, it is property served and you file proof of service. Now, if you do know this person, probably retain an attorney. However, if the other party proceeds on mistaken identity, and you have to retain a lawyer, you may request the other party pay your legal fees.
RESPONSE B: Get a lawyer. You need to read the complaint and get to the bottom of it. It will pop up on background checks. These usually trigger an entry into the National Crime Information Center.
Which response is better? RESPONSE
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A
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POST: my estranged sibling has accused my mother of stalking and abuse. my mother was served with a court summons saying the court denies the accusations, but my mom still has to appear in court. what do we do? My mom is not abusive nor is she stalking my sibling. She has tried contacting them a few times over the past year, but nothing beyond texts/emails. They never had the best relationship, but my mom's never hit any of her children. The court denied the claim but for some reason are still requiring that my mom appear in court. My mom wants me to try and speak with them and get them to drop the accusations as we cannot afford to get a lawyer but don't qualify for a public defender, but I feel it isn't a good idea to contact them without speaking with a lawyer first. Is there anything else we can do? My parents are being faced with the choice to either pay the monthly mortgage fee or pay a lawyer.
RESPONSE A: Are you sure it's not just a hearing for your sibling to get a restraining order?
RESPONSE B: I'm confused as to what is going on here. Your sibling is claiming that your mother has been harrassing, abusive and stalking. Your sibling is _threatening_ your mother to... do what exactly? Take her to court for .. damages from the stalking? unless your mother agrees to pay your siblings mortgage?
Which response is better? RESPONSE
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A
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POST: my estranged sibling has accused my mother of stalking and abuse. my mother was served with a court summons saying the court denies the accusations, but my mom still has to appear in court. what do we do? My mom is not abusive nor is she stalking my sibling. She has tried contacting them a few times over the past year, but nothing beyond texts/emails. They never had the best relationship, but my mom's never hit any of her children. The court denied the claim but for some reason are still requiring that my mom appear in court. My mom wants me to try and speak with them and get them to drop the accusations as we cannot afford to get a lawyer but don't qualify for a public defender, but I feel it isn't a good idea to contact them without speaking with a lawyer first. Is there anything else we can do? My parents are being faced with the choice to either pay the monthly mortgage fee or pay a lawyer.
RESPONSE A: Are you sure it's not just a hearing for your sibling to get a restraining order?
RESPONSE B: if the court denied the claim.. You might have to just go there for a formality to say you were present when they dropped it... You can get advice from duty counsel as well.. They aren't anywhere near as expensive as lawyers... Also can't you represent yourself?? since the claim is denied and over that the burden of proof is on the accuser.. There are many free consultations that lawyers will do. Perhaps that might be a good way to see what is going on?
Which response is better? RESPONSE
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A
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POST: mom is not abusive nor is she stalking my sibling. She has tried contacting them a few times over the past year, but nothing beyond texts/emails. They never had the best relationship, but my mom's never hit any of her children. The court denied the claim but for some reason are still requiring that my mom appear in court. My mom wants me to try and speak with them and get them to drop the accusations as we cannot afford to get a lawyer but don't qualify for a public defender, but I feel it isn't a good idea to contact them without speaking with a lawyer first. Is there anything else we can do? My parents are being faced with the choice to either pay the monthly mortgage fee or pay a lawyer.
RESPONSE A: Not sure where you are, and if in US, it would vary by state, but it sounds like what most likely happened (based on the procedures in my own state) is that your sibling is trying to get a harassment restraining order against your mother. Your sibling would have filed a petition for a harassment restraining order with the court and checked the box saying that if the court denied the request based on the information in the petition (this is only in writing, so the judge wouldn't have seen anyone in person at this point) your sibling would like a hearing to try to prove that a harassment restraining order is necessary. Your mother probably got a notice that the initial written petition was denied so there's no restraining order in effect right now, but your mom will need to go to the hearing or the judge might grant the restraining order. In my state, these types of hearings are frequently conducted with no attorneys.
RESPONSE B: if the court denied the claim.. You might have to just go there for a formality to say you were present when they dropped it... You can get advice from duty counsel as well.. They aren't anywhere near as expensive as lawyers... Also can't you represent yourself?? since the claim is denied and over that the burden of proof is on the accuser.. There are many free consultations that lawyers will do. Perhaps that might be a good way to see what is going on?
Which response is better? RESPONSE
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A
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POST: Brother is in prison for pot. His daughter was born just after he got sentenced. His ex won in court and doesn't have to allow contact. She applied for a guy adopt and my brother lose rights. He's served 1 year, has 2 left. Besides these 2 felonies he has no record or arrests. How can he stop this? Alabama
RESPONSE A: It's deeply puzzling to me that OPs brother is being treated as if he willfully abandoned his child, when he went to court to try to get the best visitation he could under the circumstances. So the court denied him contact, but now he'll lose the parental rights he desperately wants because he's had no contact? If he were in prison for a violent crime, or for mistreating the child or the child's mother, that would at least make some sense. But for weed, even in Alabama? A state where a rapist can have parental rights over the child of said rape?
RESPONSE B: the good news for your brother is that he was sentenced to non-violent crime, the short duration says it was not a lot. if his time in prison has been uneventfull so far and he has no other violent offenses it would makes it extremly hard for him to lose patental rights. they would need to hammer on about how they offer a stable home and how he has not seen the child and his ability to support the child. if you can get him the most basic family lawyer i highly doubt he would lose. it pretty much comes down to the fact he has never been given the chans to be a father and there is no reason to belive he would harm the child.
Which response is better? RESPONSE
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B
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POST: else where I am, haven't even been outside for a few days. I don't know what to do. If I go back to my stepdad I think I will do something I may regret, should I toss the gun in a lake? I'm worried about my stepbrother too even without the gun. I really don't know where to fucking start. edit: it's a handgun to be clear I know theres a distinction between the two
RESPONSE A: You need to get your brother out of there. How old is he? Please call the cops and tell them the whole story, including instances of previous abusive behavior and emphasize that you do not feel safe there and are fearful for your and your brothers life. And that is not an exaggeration: if he pointed a gun at you for any length of time while thinking you were asleep, there was a possibility you could have died that night. Please do not downplay this to yourself and find a way to keep yourself and your brother safe.
RESPONSE B: Texas Lawyer here. Sorry for disclaimer: I’m not your lawyer and this isn’t legal advice. Step 1: Call the police non-emergency number for your area. Google “[city/county] police non emergency number.” Tell the police what happened, that your bro is there, and that you feel your life and your bro’s could be in danger. That will be the first step to getting some help. They may ask you to meet with an officer, hand over the gun, whatever. This is one of the rare instances where I will tell someone to trust the police and accept their help. Step 2: If you feel you need more help at that point (getting your bro out, contacting other relatives, adjusting the guardianship of your bro, being declared an adult so you can move out, whatever), you’re welcome to post another thread on here. There are tons of resources for people in abusive homes, and we can point you to those resources. You may feel that the police help solve the problem. If not, get some help to take action so you and your brother are safe. Good luck—I am sure this situation is weird and awful and stressful, but help is absolutely available.
Which response is better? RESPONSE
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A
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POST: and then a police officer comes by, and detains everyone, since he saw everything on a range camera. He asks us all questions, then he releases us, telling us to leave the range. This happened two months ago, and the parents are suing me for child endangerment, resulting in the government investigating me, suspending my PAL (Canadian firearms license), and seizing my weapons in the process. I have no idea what the outcome might be, since I was legally defending myself, but at the same time, it was a young child who pointed a gun at me. I dont want to be a felon, but at the same time, I was legally defending myself. What can I do? Sorry for the really bad grammar, I have terrible writing skills.
RESPONSE A: Consider posting on r/legaladvicecanada as laws in Canada related to firearms, gun ranges and "self-defence" are quite different to what most contributors are knowledgable in. But considering you are already subject to legal proceedings and investigations hiring a legal representative is absolutly they path to take
RESPONSE B: \> legally defending myself ​ That's a conclusory statement. It will depend on the actual circumstances at the point you aimed your weapon at the child. Was he still pointing the gun at you? Were you in immediate danger of grievous bodily harm or death? I'm not talking about "this clumsy brat could have fired again" -- your remedy for that is to remove yourself to a safe location. If the kid represented an active and immediate threat to your life, the fact that you *did not shoot him* is evidence that you did not believe your life was in danger to the degree necessary for self-defense. Taking what you say at face value, your purpose appears to have been to neutralize the threat by terrifying the child. That is exactly not what guns are for in a self-defense situation. Now, that being said, we don't know what the actual circumstances were, so it's possible that based on those circumstances, your actions were reasonable or at least not excessively harmful. That's what the investigation is for.
Which response is better? RESPONSE
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B
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POST: a bullet wizz right past my face. Like, if I was firing my weapon, at the time, I would be dead. I am pissed at this, and tell him to get the fuck down on the ground, and he does. The mother starts screaming at me, asking what the fuck I was doing, and telling me to put my weapon down, so I do, while she takes the rifle away from the child, who is crying his eyes out. I ask her why the fuck she cant control her kid, and she yells at me, and the dad comes back and yells at me, for pointing a gun at their little angel. The daughters, on the other hand, actually seem to have a brain, and start yelling at their parents, and then a police officer comes by, and detains everyone, since he saw everything on a range camera. He asks us all questions, then he releases us, telling us to leave the range. This happened two months ago, and the parents are suing me for child endangerment, resulting in the government investigating me, suspending my PAL (Canadian firearms license), and seizing my weapons in the process. I have no idea what the outcome might be, since I was legally defending myself, but at the same time, it was a young child who pointed a gun at me. I dont want to be a felon, but at the same time, I was legally defending myself. What can I do? Sorry for the really bad grammar, I have terrible writing skills.
RESPONSE A: I don’t see how drawing down on a kid who accidentally fired a weapon, even if it almost hit you, is self defense. You should have went and told whoever was in charge of the range if you felt like the child was being dangerous, or left. Get a lawyer.
RESPONSE B: Consider posting on r/legaladvicecanada as laws in Canada related to firearms, gun ranges and "self-defence" are quite different to what most contributors are knowledgable in. But considering you are already subject to legal proceedings and investigations hiring a legal representative is absolutly they path to take
Which response is better? RESPONSE
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A
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POST: reloading my pistol, when I hear the rifle fire, and a bullet wizz right past my face. Like, if I was firing my weapon, at the time, I would be dead. I am pissed at this, and tell him to get the fuck down on the ground, and he does. The mother starts screaming at me, asking what the fuck I was doing, and telling me to put my weapon down, so I do, while she takes the rifle away from the child, who is crying his eyes out. I ask her why the fuck she cant control her kid, and she yells at me, and the dad comes back and yells at me, for pointing a gun at their little angel. The daughters, on the other hand, actually seem to have a brain, and start yelling at their parents, and then a police officer comes by, and detains everyone, since he saw everything on a range camera. He asks us all questions, then he releases us, telling us to leave the range. This happened two months ago, and the parents are suing me for child endangerment, resulting in the government investigating me, suspending my PAL (Canadian firearms license), and seizing my weapons in the process. I have no idea what the outcome might be, since I was legally defending myself, but at the same time, it was a young child who pointed a gun at me. I dont want to be a felon, but at the same time, I was legally defending myself. What can I do? Sorry for the really bad grammar, I have terrible writing skills.
RESPONSE A: Consider posting on r/legaladvicecanada as laws in Canada related to firearms, gun ranges and "self-defence" are quite different to what most contributors are knowledgable in. But considering you are already subject to legal proceedings and investigations hiring a legal representative is absolutly they path to take
RESPONSE B: Leaving the area.was an option you could of taken before, or after, you were nearly shot. Pointing a loaded gun at a child isn't "self defence" if you could simply walk away instead.
Which response is better? RESPONSE
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A
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POST: and telling me to put my weapon down, so I do, while she takes the rifle away from the child, who is crying his eyes out. I ask her why the fuck she cant control her kid, and she yells at me, and the dad comes back and yells at me, for pointing a gun at their little angel. The daughters, on the other hand, actually seem to have a brain, and start yelling at their parents, and then a police officer comes by, and detains everyone, since he saw everything on a range camera. He asks us all questions, then he releases us, telling us to leave the range. This happened two months ago, and the parents are suing me for child endangerment, resulting in the government investigating me, suspending my PAL (Canadian firearms license), and seizing my weapons in the process. I have no idea what the outcome might be, since I was legally defending myself, but at the same time, it was a young child who pointed a gun at me. I dont want to be a felon, but at the same time, I was legally defending myself. What can I do? Sorry for the really bad grammar, I have terrible writing skills.
RESPONSE A: This is get a lawyer territory. In Canada, firearm offences are taken seriously and usually result in a ban from owning/using them. Why didn’t you contact the ranger? You ignored a dangerous situation then escalated to the max.
RESPONSE B: Did they not have a safety at your range? How could this little boy hold & fire an 8.5 lb/3.85kg rifle? I'm having a difficult time believing that an 8-10 yr old could wield an SKS without support. Additionally, when you saw that this child was having difficulty wielding the rifle & was flagging you, why didn't you remove yourself from the unsafe situation and inform the authorities at the range? This would have been the safest & most reasonable action. You were not legally defending yourself, as the child clearly (and by your own words) had no intention of harming you, they were struggling to wield the rifle.
Which response is better? RESPONSE
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B
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POST: a person). And not even thirty seconds later, it happens. I am reloading my pistol, when I hear the rifle fire, and a bullet wizz right past my face. Like, if I was firing my weapon, at the time, I would be dead. I am pissed at this, and tell him to get the fuck down on the ground, and he does. The mother starts screaming at me, asking what the fuck I was doing, and telling me to put my weapon down, so I do, while she takes the rifle away from the child, who is crying his eyes out. I ask her why the fuck she cant control her kid, and she yells at me, and the dad comes back and yells at me, for pointing a gun at their little angel. The daughters, on the other hand, actually seem to have a brain, and start yelling at their parents, and then a police officer comes by, and detains everyone, since he saw everything on a range camera. He asks us all questions, then he releases us, telling us to leave the range. This happened two months ago, and the parents are suing me for child endangerment, resulting in the government investigating me, suspending my PAL (Canadian firearms license), and seizing my weapons in the process. I have no idea what the outcome might be, since I was legally defending myself, but at the same time, it was a young child who pointed a gun at me. I dont want to be a felon, but at the same time, I was legally defending myself. What can I do? Sorry for the really bad grammar, I have terrible writing skills.
RESPONSE A: Leaving the area.was an option you could of taken before, or after, you were nearly shot. Pointing a loaded gun at a child isn't "self defence" if you could simply walk away instead.
RESPONSE B: This is get a lawyer territory. In Canada, firearm offences are taken seriously and usually result in a ban from owning/using them. Why didn’t you contact the ranger? You ignored a dangerous situation then escalated to the max.
Which response is better? RESPONSE
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