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POST: communication regarding our 10 year old will continue to be done between the two of us only. The response back from my ex’s phone was from her new spouse. I then decided it was only safe for me to communicate with her using Our Family Wizard. I have let her know 3 times she needed to resign up for OFW and have only sent messages to her via OFW since then. She refuses to resign up and has not read any messages in 1.5 weeks. Her new spouse has also contacted my landlord insisting he compel me to remove our trampoline from our back yard. He seems to be escalating in his behavior. I have ordered cameras to increase security around my family’s home. What, if anything can I do about this?
RESPONSE A: Not a lawyer but been through a lot of family court with something similar. Our judge is a hardass and cussed my ex out for not coparenting. Then his lawyer, my lawyer, and attorney for the child ripped into him too for lack of communication and refusing to coparent and trying to involve his new wife in it. We have it in our court order that communication is to only be between him and I along with all parenting decisions. All communication is to be documented too. Judges do not like when others involve themselves in family matters that are not theirs.
RESPONSE B: Not a lawyer, and my advice is related to the very serious red flags of domestic abuse in the relationship (I've spent too many years working in this field). New spouse wants to take control of the communications is quite a massive red flag for abuse happening towards your ex - if not physical then I would bet there's potential to escalate there after new husband increases control over her social circle reducing who she can and can't talk to more. I'd personally be documenting everything, and checking in with my daughter on how things are going in the relationship. Ask to see how new husband treats your daughter, is she ever scared of him, etc. Let her know she can come to you anytime, potentially get her connected with a counsellor so she has someone safe to disclose to. It's hard to think about, but please document in case staying with mom becomes unsafe and she needs to permanently live with you.
Which response is better? RESPONSE
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POST: a physical altercation when my daughter attempted to leave the room. The police were called on my daughter by her stepmother who was requesting her to be placed in a 51/50 psychiatric hold. The police interviewed my daughter, found no intent on her part to harm herself or others, and left my ex's home. I believe my daughter. Since that time she has outright refused to visit her father and will only communicate with him through text or email. She says this is because she doesn't want him to twist her words. This isn't the first time this has happened, there have been two instances before where she has refused to see her father on the grounds of verbal abuse. This was the first time he was physical with her. Each time she wrote her father a letter explaining why she doesn't want to see him, she did the same this time as well. I've saved copies of all these letters. My daughter also came home with a few mild bruises on her arms, back, and butt. I've taken pictures of those too. My daughter told her mental health counselor what happened and CPS was called. Her injuries were documented but nothing came of it. It's been a little under 3 months now and my daughter is still scared to visit with her father and won't see him. My ex is now threatening to file a motion to contempt against me since I'm allowing my daughter to stay with me during "his time". I can't in good conscience force my child to see someone who scares her and poses a risk to her. I have no money to afford a lawyer, and I'm not sure what to do if he does go through with his threats. I live in Georgia. Can anyone help?
RESPONSE A: Let him file his motion. You can't physically force a 15 year old to go to visits, and judges generally know this. Just make sure you have proof that you are both facilitating and encouraging her to visit. You should absolutely have a lawyer represent you in court. Dealing with teenagers is one of the hardest things for a family court.
RESPONSE B: Yes, you need a lawyer. Reddit is not geared to help you pro se fight a contempt proceeding.
Which response is better? RESPONSE
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POST: the grounds of verbal abuse. This was the first time he was physical with her. Each time she wrote her father a letter explaining why she doesn't want to see him, she did the same this time as well. I've saved copies of all these letters. My daughter also came home with a few mild bruises on her arms, back, and butt. I've taken pictures of those too. My daughter told her mental health counselor what happened and CPS was called. Her injuries were documented but nothing came of it. It's been a little under 3 months now and my daughter is still scared to visit with her father and won't see him. My ex is now threatening to file a motion to contempt against me since I'm allowing my daughter to stay with me during "his time". I can't in good conscience force my child to see someone who scares her and poses a risk to her. I have no money to afford a lawyer, and I'm not sure what to do if he does go through with his threats. I live in Georgia. Can anyone help?
RESPONSE A: Let him take you to court. You may request a guardian ad litem for your daughter. (This is a court appointed attorney for your daughter). She can provide this attorney all her accumulated information (the letters and copies of texts etc.) Get copies of her medical records from the therapist. As a parent who understands how hard it is to pay for a lawyer, you may request a court appointed lawyer if he does take you to court. I am not a lawyer, but I would suggest getting in touch with your local legal aid society who may point you to a low or no cost lawyer willing to take your case and I would highly recommend suing for full custody based on the abuse allegations. Especially given you have photo proof and CPS has received a report of these allegations. I applaud you for raising a strong daughter who is willing to set her boundaries firmly and stick to them. Keep up the good work Mama.
RESPONSE B: Several states in the US consider children 13 and up old enough to make their own decision as to which parent they want to live with. So it's ultimately up to her.
Which response is better? RESPONSE
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POST: he was physical with her. Each time she wrote her father a letter explaining why she doesn't want to see him, she did the same this time as well. I've saved copies of all these letters. My daughter also came home with a few mild bruises on her arms, back, and butt. I've taken pictures of those too. My daughter told her mental health counselor what happened and CPS was called. Her injuries were documented but nothing came of it. It's been a little under 3 months now and my daughter is still scared to visit with her father and won't see him. My ex is now threatening to file a motion to contempt against me since I'm allowing my daughter to stay with me during "his time". I can't in good conscience force my child to see someone who scares her and poses a risk to her. I have no money to afford a lawyer, and I'm not sure what to do if he does go through with his threats. I live in Georgia. Can anyone help?
RESPONSE A: I would find a local woman’s shelter and ask them for advice. They may be able to refer you to a local lawyer who can give you a free or low-cost consultation, or connect you to free services.
RESPONSE B: Let him take you to court. You may request a guardian ad litem for your daughter. (This is a court appointed attorney for your daughter). She can provide this attorney all her accumulated information (the letters and copies of texts etc.) Get copies of her medical records from the therapist. As a parent who understands how hard it is to pay for a lawyer, you may request a court appointed lawyer if he does take you to court. I am not a lawyer, but I would suggest getting in touch with your local legal aid society who may point you to a low or no cost lawyer willing to take your case and I would highly recommend suing for full custody based on the abuse allegations. Especially given you have photo proof and CPS has received a report of these allegations. I applaud you for raising a strong daughter who is willing to set her boundaries firmly and stick to them. Keep up the good work Mama.
Which response is better? RESPONSE
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POST: before where she has refused to see her father on the grounds of verbal abuse. This was the first time he was physical with her. Each time she wrote her father a letter explaining why she doesn't want to see him, she did the same this time as well. I've saved copies of all these letters. My daughter also came home with a few mild bruises on her arms, back, and butt. I've taken pictures of those too. My daughter told her mental health counselor what happened and CPS was called. Her injuries were documented but nothing came of it. It's been a little under 3 months now and my daughter is still scared to visit with her father and won't see him. My ex is now threatening to file a motion to contempt against me since I'm allowing my daughter to stay with me during "his time". I can't in good conscience force my child to see someone who scares her and poses a risk to her. I have no money to afford a lawyer, and I'm not sure what to do if he does go through with his threats. I live in Georgia. Can anyone help?
RESPONSE A: Let him take you to court. You may request a guardian ad litem for your daughter. (This is a court appointed attorney for your daughter). She can provide this attorney all her accumulated information (the letters and copies of texts etc.) Get copies of her medical records from the therapist. As a parent who understands how hard it is to pay for a lawyer, you may request a court appointed lawyer if he does take you to court. I am not a lawyer, but I would suggest getting in touch with your local legal aid society who may point you to a low or no cost lawyer willing to take your case and I would highly recommend suing for full custody based on the abuse allegations. Especially given you have photo proof and CPS has received a report of these allegations. I applaud you for raising a strong daughter who is willing to set her boundaries firmly and stick to them. Keep up the good work Mama.
RESPONSE B: Yes, you need a lawyer. Reddit is not geared to help you pro se fight a contempt proceeding.
Which response is better? RESPONSE
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B
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POST: daughter by her stepmother who was requesting her to be placed in a 51/50 psychiatric hold. The police interviewed my daughter, found no intent on her part to harm herself or others, and left my ex's home. I believe my daughter. Since that time she has outright refused to visit her father and will only communicate with him through text or email. She says this is because she doesn't want him to twist her words. This isn't the first time this has happened, there have been two instances before where she has refused to see her father on the grounds of verbal abuse. This was the first time he was physical with her. Each time she wrote her father a letter explaining why she doesn't want to see him, she did the same this time as well. I've saved copies of all these letters. My daughter also came home with a few mild bruises on her arms, back, and butt. I've taken pictures of those too. My daughter told her mental health counselor what happened and CPS was called. Her injuries were documented but nothing came of it. It's been a little under 3 months now and my daughter is still scared to visit with her father and won't see him. My ex is now threatening to file a motion to contempt against me since I'm allowing my daughter to stay with me during "his time". I can't in good conscience force my child to see someone who scares her and poses a risk to her. I have no money to afford a lawyer, and I'm not sure what to do if he does go through with his threats. I live in Georgia. Can anyone help?
RESPONSE A: I would find a local woman’s shelter and ask them for advice. They may be able to refer you to a local lawyer who can give you a free or low-cost consultation, or connect you to free services.
RESPONSE B: Let him take you to court. Court is where a judge mediates between parties. If you feel you are right, then let a judge decide. Going to court is not a bad thing Ask your lawyer for advice, but your daughter is 15 and capable of making decisions. A judge will know this. She can even speak to the judge herself.
Which response is better? RESPONSE
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POST: Purchased a 3D printer for $689 in May. Haven't been able to use it due to warped bed plate contacted support & received a replacement that too was warped. After research I see it's common practice with this company. I want my money back. They only allow refunds upto 7 days after receiving it. I spent over a week trying to level the bed and figure out where I am going wrong because I'd never done anything like 3d printing before. Turns out it wasn't my fault, upon checking anycubic.com's reviews and Reddit page I see it's commonwealth practice for your printer bed to be warped and it needs to be only off by 1.5ml. I purchased this printer so I could rapid prototype ideas and designs I had so I could flesh out my designs and then get some professional tooling done to produce my products. When I contacted them a out the warped bed plate they sent me a replacement (looked like an engineering sample as it was all scratched up and didn't look anything new. This is a Chinese company. What can I do? I am based in Australia FYI
RESPONSE A: So the company is located in China and you're in Australia? Correct?
RESPONSE B: YOu might also try /r/AusLegal
Which response is better? RESPONSE
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POST: feeling he got was that his manager wished he hadn’t done that without his manager actually saying as much, like this would end up being a problem for both of them. And hopefully the man who holds the account doesn’t call in later and complain that he had the police called on him if the police find he did nothing wrong. That they’d talk later and get a full report of what happened. Then my brother called me and told me all this. He said he is worried he may get in trouble or fired for this, but at the same time he said if they fire him over it at least he could live with himself. Still, even the possibility of having disciplinary action taken *feels* wrong to me. So I guess I wanted to know is there any laws or measures he could take to prevent this from happening if it does? It is not beyond the realm of possibility that they would do this either. I used to work there and they once wrote me up for not honking at every intersection so as to prevent a guy barreling out of the wrong side of a one way from T-boning me. And fired another guy after he knocked himself out when hitting his head on a pole for not wearing his safety helmet while walking around in a backyard (he was tall, they only require helmets on ladders and in attics.) Any advice or info would be greatly appreciated. Also, he said the woman texted his coworker phone “thank you” right before he called me. So hopefully she got the help she needed.
RESPONSE A: Your brother did the right thing, morally speaking. However, his employer can fire him for any reason so long as it’s not for being a member of a protected class (based on age, race, gender, religion, etc). Since this does not seem to be a protected class type of issue, it would be legal to disciple or fire him.
RESPONSE B: Employment is at-will in Texas but there are a number of exceptions. Making a police report because of a suspected crime in good faith is usually protected under the public policy exception but it depends on the specifics. If he is fired get a consultation with an employment attorney to go over the options
Which response is better? RESPONSE
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POST: Landlord says we’re not allowed in after pipe burst two weeks ago, still being charged rent Florida, USA Writing this for my non-Reddit user friend. A pipe burst in her apartment building two weeks ago, flooding the units and forcing the inhabitants to vacate. She has since received continuous emails saying not to enter her unit as it is still flooded/not suitable for habitation. Of course, her landlord (corporation) is not refunding rent despite her not being allowed in most of this month, only offering a $50 credit. Is this legal? Thanks
RESPONSE A: You can put the money in escrow, meaning you have it and intend to pay BUT not until this gets worked out. Then take them to court. You prob won't have to pay and can get out of your lease bc your next prob will be black mold.
RESPONSE B: Is the landlord providing alternate accommodation?
Which response is better? RESPONSE
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POST: Landlord says we’re not allowed in after pipe burst two weeks ago, still being charged rent Florida, USA Writing this for my non-Reddit user friend. A pipe burst in her apartment building two weeks ago, flooding the units and forcing the inhabitants to vacate. She has since received continuous emails saying not to enter her unit as it is still flooded/not suitable for habitation. Of course, her landlord (corporation) is not refunding rent despite her not being allowed in most of this month, only offering a $50 credit. Is this legal? Thanks
RESPONSE A: Info: what caused the pipes to burst?
RESPONSE B: Is the landlord providing alternate accommodation?
Which response is better? RESPONSE
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POST: Landlord says we’re not allowed in after pipe burst two weeks ago, still being charged rent Florida, USA Writing this for my non-Reddit user friend. A pipe burst in her apartment building two weeks ago, flooding the units and forcing the inhabitants to vacate. She has since received continuous emails saying not to enter her unit as it is still flooded/not suitable for habitation. Of course, her landlord (corporation) is not refunding rent despite her not being allowed in most of this month, only offering a $50 credit. Is this legal? Thanks
RESPONSE A: Is the landlord providing alternate accommodation?
RESPONSE B: Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment.
Which response is better? RESPONSE
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POST: Landlord says we’re not allowed in after pipe burst two weeks ago, still being charged rent Florida, USA Writing this for my non-Reddit user friend. A pipe burst in her apartment building two weeks ago, flooding the units and forcing the inhabitants to vacate. She has since received continuous emails saying not to enter her unit as it is still flooded/not suitable for habitation. Of course, her landlord (corporation) is not refunding rent despite her not being allowed in most of this month, only offering a $50 credit. Is this legal? Thanks
RESPONSE A: Nope. Not legal. She has effectively been “constructively evicted” and she can withhold rent until it is inhabitable again or she can effectively break the lease without repercussions.
RESPONSE B: You can put the money in escrow, meaning you have it and intend to pay BUT not until this gets worked out. Then take them to court. You prob won't have to pay and can get out of your lease bc your next prob will be black mold.
Which response is better? RESPONSE
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POST: Landlord says we’re not allowed in after pipe burst two weeks ago, still being charged rent Florida, USA Writing this for my non-Reddit user friend. A pipe burst in her apartment building two weeks ago, flooding the units and forcing the inhabitants to vacate. She has since received continuous emails saying not to enter her unit as it is still flooded/not suitable for habitation. Of course, her landlord (corporation) is not refunding rent despite her not being allowed in most of this month, only offering a $50 credit. Is this legal? Thanks
RESPONSE A: Nope. Not legal. She has effectively been “constructively evicted” and she can withhold rent until it is inhabitable again or she can effectively break the lease without repercussions.
RESPONSE B: Info: what caused the pipes to burst?
Which response is better? RESPONSE
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POST: Oregon. My sister was married to a woman. They split up. Before the divorce was finalized she got pregnant with her now boyfriend's baby. Her ex and her took awhile to get divorced and in the meantime my sister met a guy, they started dating, and she got pregnant. She recently had the baby and her boyfriend was filling out paperwork at the hospital and put down that my sister had been married when the baby had been conceived. The hospital wouldn't let my sister put her boyfriend down on the birth certificate because Oregon law says that if the wife becomes pregnant while still married the "husband" must be disestablished as the father before the actual father can be put on the birth certificate. She said she emailed someone in vital records about it and they sent her a link citing the law about adding or removing a father and that she has to hire an attorney to draft papers to petition the court. But this all seems ridiculous because her ex can't be the father of her baby as she's a women. Is she getting accurate information.
RESPONSE A: Sounds like the boyfriend tried to sign an acknowledgment of paternity. In the case the woman is married, there is an accompanying document sometimes called the “Husband’s denial of paternity” or maybe “spouses’s denial,” etc. These forms would be provided to Vital Records.
RESPONSE B: She does not "have to hire an attorney" (as in she's not obligated). Meanwhile, the people at Vital Records know they cannot give you "legal advice." That means they can't tell you how to draft the form, or what to put on it, etc. etc. -- because that would be practicing law (advising somebody about the filling out of a form). Some people (a select few) can figure these things out or somehow sort of just blunder through the process on their own without an attorney and they can make it work. Yeah, she's getting accurate information.
Which response is better? RESPONSE
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POST: Oregon. My sister was married to a woman. They split up. Before the divorce was finalized she got pregnant with her now boyfriend's baby. Her ex and her took awhile to get divorced and in the meantime my sister met a guy, they started dating, and she got pregnant. She recently had the baby and her boyfriend was filling out paperwork at the hospital and put down that my sister had been married when the baby had been conceived. The hospital wouldn't let my sister put her boyfriend down on the birth certificate because Oregon law says that if the wife becomes pregnant while still married the "husband" must be disestablished as the father before the actual father can be put on the birth certificate. She said she emailed someone in vital records about it and they sent her a link citing the law about adding or removing a father and that she has to hire an attorney to draft papers to petition the court. But this all seems ridiculous because her ex can't be the father of her baby as she's a women. Is she getting accurate information.
RESPONSE A: The reason behind this is to ensure a child's parents are fulfilling their obligation to care for the child. The gender is irrelevant because it's based on the premise of a two-person household to support and provide for a child (even if the origin was on a mother-father household). It's called the presumption of paternity. It can be challenged. She just needs to take the appropriate steps to do so. It's not ridiculous when you consider it's simply an approach based on efficiency and sound public policy.
RESPONSE B: They could also apply for services through the child support program for paternity establishment only. Usually takes a little longer than it would with an attorney, but it’s not impossible. I’ve had 3 cases sort of similar to this in the last few years, and work within the child support program in Oregon. Once there’s a judgment of paternity, a certified copy goes to vital records and he would be put on the birth certificate.
Which response is better? RESPONSE
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POST: [NSW, Australia] Private Investigator has contacted me asking questions about my estranged brother. I'm getting a bad vibe from him, and I think there's more to the story than that. How much do I legally have to say? Do I even need to state truths to him? Short backstory, I distanced myself from my family years ago. I had a really bad living situation with my brother and myself and it ended with my mother attempting to take hold of most of my life. I haven't had more than passing contact with my family in a long while and I very much like it that way. I had a fellow doorknock earlier in the week, and he's stated straight up that he's investigating my brother and would like information on a few bits of his past. I said very little more than verified indirectly that yes he's my brother and I don't speak to him. Since then I've been contacted via email (not hard to find) and phone (several times) by the same guy, who is getting pushy and asking questions that lead me to think this isn't an investigation of my brother, but an investigation of me by my mother. Am I required to say anything to the PI? Is there any way to verify he's even a private investigator? is this some authorised status or can anyone claim to be a private investigator? The fellow has stated that this is his "official investigation into brothersname>". Is he required to tell me the truth about his investigations? Do I even have to tell him the truth? Can I legally lie to him? My initial gut feeling is I can lie my arse off to him and he to me and it has no bearing on anything, but I'd like to know where it stands legally.
RESPONSE A: Don't lie to him. But you are also not obligated to tell him anything.
RESPONSE B: If he's a private investigator, you don't have to speak to him at all. And that would be your best course of action.
Which response is better? RESPONSE
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POST: ] Private Investigator has contacted me asking questions about my estranged brother. I'm getting a bad vibe from him, and I think there's more to the story than that. How much do I legally have to say? Do I even need to state truths to him? Short backstory, I distanced myself from my family years ago. I had a really bad living situation with my brother and myself and it ended with my mother attempting to take hold of most of my life. I haven't had more than passing contact with my family in a long while and I very much like it that way. I had a fellow doorknock earlier in the week, and he's stated straight up that he's investigating my brother and would like information on a few bits of his past. I said very little more than verified indirectly that yes he's my brother and I don't speak to him. Since then I've been contacted via email (not hard to find) and phone (several times) by the same guy, who is getting pushy and asking questions that lead me to think this isn't an investigation of my brother, but an investigation of me by my mother. Am I required to say anything to the PI? Is there any way to verify he's even a private investigator? is this some authorised status or can anyone claim to be a private investigator? The fellow has stated that this is his "official investigation into brothersname>". Is he required to tell me the truth about his investigations? Do I even have to tell him the truth? Can I legally lie to him? My initial gut feeling is I can lie my arse off to him and he to me and it has no bearing on anything, but I'd like to know where it stands legally.
RESPONSE A: You have no legal obligation to cooperate with the private investigator. Just refuse to talk, and ask that they cease contact. You can verify his/her credentials by requesting their name and PI licence number. In NSW you can verify it HERE Or ask for their place of employment, most work within larger agencies, and give them a call.
RESPONSE B: Don't lie to him. But you are also not obligated to tell him anything.
Which response is better? RESPONSE
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POST: My last landlord is trying to charge me outrageous fees for "repairing" the house I rented and says I owe $3700. So I live in Texas and was renting a house until July 31st of this year. I had a security deposit of $1950 + $300 for the pet deposit. My landlord submitted a list of things he needed to fix on the 7th of August, but didn't send me any numbers for how much it would end up being or how much of my deposit I would get back. I asked about the deposit a week ago and he got back to me two days ago with a table showing that I now owe $3700. He's charging $4300 for damage to the wood floors, even though I only scratched the surface in two small 3x3 areas. It sounds like he replaced the floors for the entire house. He also charged $1200 for a few nail, screw, and staple holes in the walls. I'm not sure if I'm required to pay him because he took so long to get back to me about how much I owe. The lease says he has 30 days after I move out to get my an itemized list of things, but doesn't necessarily say anything about having to give me figures. It says I have 10 days to pay him after he asks me to cover any damages. Please advise.
RESPONSE A: Do you have any documentation of the condition the place was in? You can take him to small claims to sue him for your deposit back. He can counter sue you for what he thinks you owe and you can let the judge sort it out. Edit: you're right about the 30 day limit to itemize and return your deposit. Take him to court.
RESPONSE B: I would check out this page. Specifically, "If the landlord has failed to either provide you with the security deposit or an itemized list of deductions within thirty days from moving out, the law may allow you to collect $100, three times the amount of the security deposit wrongly withheld, court costs, and attorney's fees. If the landlord improperly made deductions from the deposit you also have the opportunity to obtain the same damages and penalties. Section 92.109, Property Code."
Which response is better? RESPONSE
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POST: our actual end of lease date, and so they considered the entirety of the bill they received the next month from the Utility (presumably for our now empty apartment) to be our debt. Again, we talked to the Utility, who were baffled that the Apartment Complex would do this, and ran a quick calculation for us, finding that even if we accepted that those 3 days would have made a real-word difference to the Utility bill, it would have been a matter of less than $4, rather than the $80+ they are now pursuing us for. They were nice enough to bill us for those 3 days separately, and we paid that amount just to be sure. Unfortunately, as I probably should have predicted, our former landlords are not accepting this as a resolution, and are still claiming we owe $80. I'm really not sure where to go from here. It feels like it cant be legal for a Debt Collection agency to be pursuing us for a debt that a private company has completely made up, with no actual bill in my name showing that debt anywhere, but the collection agency was predictably unhelpful, simply stating that "What the utility has to say about the matter is irrelevant, our client is the Apartment Complex and they say you owe the debt. What is my next step here? How do I proceed?
RESPONSE A: I would just ignore this and block all collection calls. Debt collectors cannot harass you. Plus it doesn’t make sense that the landlord is attempt to collect money for utilities you paid separately outside of the rent. That’s fraud. Report the landlord to your states attorney generals office.
RESPONSE B: This seems like an abusive debt collection. There's plenty of information online on how to fight this sort of thing. https://www.consumerfinance.gov/about-us/blog/understand-how-cfpb-debt-collection-rule-impacts-you/ Also make sure that you keep an eye on your credit reports in case they report it as a collection activity. You can sign up for a free account on each of the 3 major credit report companies and see any activity that has occurred (this is a really good thing to do anyway to prevent fraud, identity theft, etc.)
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POST: complex, and forwarded that on to the manager of the complex. The Manager sent an email back stating that the date of our official change of utility was 3 days before our actual end of lease date, and so they considered the entirety of the bill they received the next month from the Utility (presumably for our now empty apartment) to be our debt. Again, we talked to the Utility, who were baffled that the Apartment Complex would do this, and ran a quick calculation for us, finding that even if we accepted that those 3 days would have made a real-word difference to the Utility bill, it would have been a matter of less than $4, rather than the $80+ they are now pursuing us for. They were nice enough to bill us for those 3 days separately, and we paid that amount just to be sure. Unfortunately, as I probably should have predicted, our former landlords are not accepting this as a resolution, and are still claiming we owe $80. I'm really not sure where to go from here. It feels like it cant be legal for a Debt Collection agency to be pursuing us for a debt that a private company has completely made up, with no actual bill in my name showing that debt anywhere, but the collection agency was predictably unhelpful, simply stating that "What the utility has to say about the matter is irrelevant, our client is the Apartment Complex and they say you owe the debt. What is my next step here? How do I proceed?
RESPONSE A: Don't waste time dealing with the debt collector. Send them a letter saying you are exercising your right to discontinue all further contact under FDCPA. They may contact you only to acknowledge the request or let you know that they plan to take legal action. If they do, you have your lease saying that utilities are paid directly to the company and proof that you paid them.
RESPONSE B: If you dispute the debt and they continue to pursue it without proper debt validation you can sue them for $1000 in small claims court. Make sure you properly dispute the debt and if they continue trying to collect reach out to them letting them know you will file in court for failing to comply with debt collection laws. 99% of the time they will cease all contact with you permanently and stop reporting the debt.
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POST: the apartment complex, and forwarded that on to the manager of the complex. The Manager sent an email back stating that the date of our official change of utility was 3 days before our actual end of lease date, and so they considered the entirety of the bill they received the next month from the Utility (presumably for our now empty apartment) to be our debt. Again, we talked to the Utility, who were baffled that the Apartment Complex would do this, and ran a quick calculation for us, finding that even if we accepted that those 3 days would have made a real-word difference to the Utility bill, it would have been a matter of less than $4, rather than the $80+ they are now pursuing us for. They were nice enough to bill us for those 3 days separately, and we paid that amount just to be sure. Unfortunately, as I probably should have predicted, our former landlords are not accepting this as a resolution, and are still claiming we owe $80. I'm really not sure where to go from here. It feels like it cant be legal for a Debt Collection agency to be pursuing us for a debt that a private company has completely made up, with no actual bill in my name showing that debt anywhere, but the collection agency was predictably unhelpful, simply stating that "What the utility has to say about the matter is irrelevant, our client is the Apartment Complex and they say you owe the debt. What is my next step here? How do I proceed?
RESPONSE A: Don't waste time dealing with the debt collector. Send them a letter saying you are exercising your right to discontinue all further contact under FDCPA. They may contact you only to acknowledge the request or let you know that they plan to take legal action. If they do, you have your lease saying that utilities are paid directly to the company and proof that you paid them.
RESPONSE B: CT has some robust consumer protections. You may want to contact the state or state attorney generals/consumer protection/ banking-collections office. https://portal.ct.gov/dob Here’s the state’s landlord-tenant portal: https://www.jud.ct.gov/lawlib/law/landlord.htm
Which response is better? RESPONSE
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A
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POST: a statement from our Utility showing that there were no missed bills up to the date of our move-out from the apartment complex, and forwarded that on to the manager of the complex. The Manager sent an email back stating that the date of our official change of utility was 3 days before our actual end of lease date, and so they considered the entirety of the bill they received the next month from the Utility (presumably for our now empty apartment) to be our debt. Again, we talked to the Utility, who were baffled that the Apartment Complex would do this, and ran a quick calculation for us, finding that even if we accepted that those 3 days would have made a real-word difference to the Utility bill, it would have been a matter of less than $4, rather than the $80+ they are now pursuing us for. They were nice enough to bill us for those 3 days separately, and we paid that amount just to be sure. Unfortunately, as I probably should have predicted, our former landlords are not accepting this as a resolution, and are still claiming we owe $80. I'm really not sure where to go from here. It feels like it cant be legal for a Debt Collection agency to be pursuing us for a debt that a private company has completely made up, with no actual bill in my name showing that debt anywhere, but the collection agency was predictably unhelpful, simply stating that "What the utility has to say about the matter is irrelevant, our client is the Apartment Complex and they say you owe the debt. What is my next step here? How do I proceed?
RESPONSE A: Don't waste time dealing with the debt collector. Send them a letter saying you are exercising your right to discontinue all further contact under FDCPA. They may contact you only to acknowledge the request or let you know that they plan to take legal action. If they do, you have your lease saying that utilities are paid directly to the company and proof that you paid them.
RESPONSE B: I would just ignore this and block all collection calls. Debt collectors cannot harass you. Plus it doesn’t make sense that the landlord is attempt to collect money for utilities you paid separately outside of the rent. That’s fraud. Report the landlord to your states attorney generals office.
Which response is better? RESPONSE
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B
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POST: ), and we would never owe money to a landlord for Utility bill that had not been paid. We requested a statement from our Utility showing that there were no missed bills up to the date of our move-out from the apartment complex, and forwarded that on to the manager of the complex. The Manager sent an email back stating that the date of our official change of utility was 3 days before our actual end of lease date, and so they considered the entirety of the bill they received the next month from the Utility (presumably for our now empty apartment) to be our debt. Again, we talked to the Utility, who were baffled that the Apartment Complex would do this, and ran a quick calculation for us, finding that even if we accepted that those 3 days would have made a real-word difference to the Utility bill, it would have been a matter of less than $4, rather than the $80+ they are now pursuing us for. They were nice enough to bill us for those 3 days separately, and we paid that amount just to be sure. Unfortunately, as I probably should have predicted, our former landlords are not accepting this as a resolution, and are still claiming we owe $80. I'm really not sure where to go from here. It feels like it cant be legal for a Debt Collection agency to be pursuing us for a debt that a private company has completely made up, with no actual bill in my name showing that debt anywhere, but the collection agency was predictably unhelpful, simply stating that "What the utility has to say about the matter is irrelevant, our client is the Apartment Complex and they say you owe the debt. What is my next step here? How do I proceed?
RESPONSE A: None of this adds up. A 3rd party collections agent has very strict rules for collecting a debt. Check your credit report. Is it on there?
RESPONSE B: Don't waste time dealing with the debt collector. Send them a letter saying you are exercising your right to discontinue all further contact under FDCPA. They may contact you only to acknowledge the request or let you know that they plan to take legal action. If they do, you have your lease saying that utilities are paid directly to the company and proof that you paid them.
Which response is better? RESPONSE
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B
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POST: serve me the signed document (60 day notice to end tenancy). I am owed my last months rent back as per the Residential Tenancy Act of BC. He refuses to pay it and even called my new landlord to confirm that I'm still moving out as planned... I refuse to simply let him keep money that is legally owed to me. what can I do?
RESPONSE A: Are you actually moving out? It's not clear from your narrative.
RESPONSE B: http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/landlord-notice/two-month-notice When a landlord sells a rental property, a tenancy persists under the terms of the rental agreement entered into. However, if the purchasers of the property intend to move in, or have a close family member move in, then they can evict the tenant, but have to do so pursuant to the rules, which is by serving the two-month notice. This is true even if the purchaser wasn't made aware of the existence or circumstances of the tenancy; that's a problem between seller and purchaser and not the tenant's problem. If you are served with a notice to end tenancy or if the landlord (old or new) interferes with your tenancy, you can file for dispute resolution with the RTB using the forms on the site linked above. No need for a lawyer if you don't want one; the process is intended for laypeople. Less sure on this last bit, but I'm fairly sure an old landlord is required to transfer a security deposit to the purchasers of a rental property. When your tenancy DOES end, whoever is your landlord at the time the tenancy ends is on the hook to you for the damage deposit you paid at the start of your tenancy, even if the old landlord didn't transfer it to the new landlord. Again, that's a problem between seller and purchaser. If your deposit is not returned to you as required under the act (make sure you've done what YOU need to as well), dispute resolution is again the way to proceed.
Which response is better? RESPONSE
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B
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POST: [FL] Neighbor's dog injured himself while attempting to attack my dog - am I liable? I've got a little Boston Terrier that's heavy on the terrier - she loves to bark at other dogs but really it's just her way of playing. The neighbors behind my place have this big dog that generally is kept in a crate out the back (but that's a whole other story). I've spoken to neighbor a sum total of one time in three years, and he was an asshole. Long story short their dog was loose one day, my little dog was doing her usual barking behind our house (100 or so feet from their house), so their dog jumps the three foot chain link fence and goes for her. I grabbed her and ran inside, neighbor calls his dog who eventually jumps back over the fence. I go around the block to let him know how much of an asshole he is, and his truck is pealing out of the driveway. He shows up at my door the next day with a $458 bill from the vet. Apparently his dog gouged itself along it's stomach pretty good on one of the twist ties at the top of the fence, and because "your little yappy piece of shit dog provoked my dog" he expects me to pay. I told him to shove the bill and his dog up his ass before I do, and he said he'd see me in court. Do I need to call a lawyer or what?
RESPONSE A: Ignore him unless you get served with papers. Don't ignore that.
RESPONSE B: > - she loves to bark at other dogs but really it's just her way of playing I have a neighbor whose dog likes to "playfully" bark at other dogs and it's grating and obnoxious. Good neighbors and responsible dog owners don't allow their pets to disturb the peace.
Which response is better? RESPONSE
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A
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POST: [FL] Neighbor's dog injured himself while attempting to attack my dog - am I liable? I've got a little Boston Terrier that's heavy on the terrier - she loves to bark at other dogs but really it's just her way of playing. The neighbors behind my place have this big dog that generally is kept in a crate out the back (but that's a whole other story). I've spoken to neighbor a sum total of one time in three years, and he was an asshole. Long story short their dog was loose one day, my little dog was doing her usual barking behind our house (100 or so feet from their house), so their dog jumps the three foot chain link fence and goes for her. I grabbed her and ran inside, neighbor calls his dog who eventually jumps back over the fence. I go around the block to let him know how much of an asshole he is, and his truck is pealing out of the driveway. He shows up at my door the next day with a $458 bill from the vet. Apparently his dog gouged itself along it's stomach pretty good on one of the twist ties at the top of the fence, and because "your little yappy piece of shit dog provoked my dog" he expects me to pay. I told him to shove the bill and his dog up his ass before I do, and he said he'd see me in court. Do I need to call a lawyer or what?
RESPONSE A: > - she loves to bark at other dogs but really it's just her way of playing I have a neighbor whose dog likes to "playfully" bark at other dogs and it's grating and obnoxious. Good neighbors and responsible dog owners don't allow their pets to disturb the peace.
RESPONSE B: I'd call animal control about an animal jumping the fence into your private backyard, but I live in a city.
Which response is better? RESPONSE
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B
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POST: [FL] Neighbor's dog injured himself while attempting to attack my dog - am I liable? I've got a little Boston Terrier that's heavy on the terrier - she loves to bark at other dogs but really it's just her way of playing. The neighbors behind my place have this big dog that generally is kept in a crate out the back (but that's a whole other story). I've spoken to neighbor a sum total of one time in three years, and he was an asshole. Long story short their dog was loose one day, my little dog was doing her usual barking behind our house (100 or so feet from their house), so their dog jumps the three foot chain link fence and goes for her. I grabbed her and ran inside, neighbor calls his dog who eventually jumps back over the fence. I go around the block to let him know how much of an asshole he is, and his truck is pealing out of the driveway. He shows up at my door the next day with a $458 bill from the vet. Apparently his dog gouged itself along it's stomach pretty good on one of the twist ties at the top of the fence, and because "your little yappy piece of shit dog provoked my dog" he expects me to pay. I told him to shove the bill and his dog up his ass before I do, and he said he'd see me in court. Do I need to call a lawyer or what?
RESPONSE A: Ignore him unless you get summoned. This would go to small claims court, which he would lose.
RESPONSE B: > - she loves to bark at other dogs but really it's just her way of playing I have a neighbor whose dog likes to "playfully" bark at other dogs and it's grating and obnoxious. Good neighbors and responsible dog owners don't allow their pets to disturb the peace.
Which response is better? RESPONSE
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B
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POST: [FL] Neighbor's dog injured himself while attempting to attack my dog - am I liable? I've got a little Boston Terrier that's heavy on the terrier - she loves to bark at other dogs but really it's just her way of playing. The neighbors behind my place have this big dog that generally is kept in a crate out the back (but that's a whole other story). I've spoken to neighbor a sum total of one time in three years, and he was an asshole. Long story short their dog was loose one day, my little dog was doing her usual barking behind our house (100 or so feet from their house), so their dog jumps the three foot chain link fence and goes for her. I grabbed her and ran inside, neighbor calls his dog who eventually jumps back over the fence. I go around the block to let him know how much of an asshole he is, and his truck is pealing out of the driveway. He shows up at my door the next day with a $458 bill from the vet. Apparently his dog gouged itself along it's stomach pretty good on one of the twist ties at the top of the fence, and because "your little yappy piece of shit dog provoked my dog" he expects me to pay. I told him to shove the bill and his dog up his ass before I do, and he said he'd see me in court. Do I need to call a lawyer or what?
RESPONSE A: No legal advice, but keep your dog safe. I'd hate to think that your asshole neighbor would retaliate by taking it out on your pup.
RESPONSE B: > - she loves to bark at other dogs but really it's just her way of playing I have a neighbor whose dog likes to "playfully" bark at other dogs and it's grating and obnoxious. Good neighbors and responsible dog owners don't allow their pets to disturb the peace.
Which response is better? RESPONSE
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B
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POST: a little Boston Terrier that's heavy on the terrier - she loves to bark at other dogs but really it's just her way of playing. The neighbors behind my place have this big dog that generally is kept in a crate out the back (but that's a whole other story). I've spoken to neighbor a sum total of one time in three years, and he was an asshole. Long story short their dog was loose one day, my little dog was doing her usual barking behind our house (100 or so feet from their house), so their dog jumps the three foot chain link fence and goes for her. I grabbed her and ran inside, neighbor calls his dog who eventually jumps back over the fence. I go around the block to let him know how much of an asshole he is, and his truck is pealing out of the driveway. He shows up at my door the next day with a $458 bill from the vet. Apparently his dog gouged itself along it's stomach pretty good on one of the twist ties at the top of the fence, and because "your little yappy piece of shit dog provoked my dog" he expects me to pay. I told him to shove the bill and his dog up his ass before I do, and he said he'd see me in court. Do I need to call a lawyer or what?
RESPONSE A: Can someone explain to me why this is different when a dog does this? If instead, his neighbor (the person) jumped the fence (assuming OP owns the fence) and gouged his stomach... OP would be liable, correct? Or even if the person twisted his ankle in the OP's yard... Or any other situation of being hurt on OP's property (slip and fall?). Why is it different when it's a dog?
RESPONSE B: > - she loves to bark at other dogs but really it's just her way of playing I have a neighbor whose dog likes to "playfully" bark at other dogs and it's grating and obnoxious. Good neighbors and responsible dog owners don't allow their pets to disturb the peace.
Which response is better? RESPONSE
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B
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POST: to discuss as this is a lot of money and we weren't expecting it. And that we'd follow up with them in a few weeks as we had company over at the time. Since then they've made comments every time we step into the yard. I'm getting frustrated and don't just want to blindly write a cheque simply to have them leave us alone as I think that's the tactic they're hoping for. Legally speaking, what is my obligation given they have no receipts and did the fence months before we bought the property? Do we just write then a cheque based off their word?
RESPONSE A: Not your fence, not your issue.
RESPONSE B: Sometimes it is useful to review a dispute from the perspective of the other party. In this case, they erected a fence, and expected to be reimbursed for half, under the Line Fence Act. They are out a good sum, and they want it. And as far as they are concerned, you are now the person on the other side of their good sum of money. Line Fence Act states that a landowner's obligations to reimburse a landowner for the costs of the fence commence >...as soon as that owner or occupier receives any benefit or advantage from the line or boundary fence by the enclosure of that owner’s or occupier’s land or any portion of it or otherwise It occurs to me that if you made an offer on the house, and in that offer placed any value on the pre-existing fence, then the previous landowner received a benefit, and at that time became liable to your neighbors. However, you did not. Furthermore, the statute cannot be read that every time a plot of land is purchased the new owners owe half of the value of the surrounding fences to anyone who erected them. So it does not seem reasonable that an obligation to reimburse your neighbor should apply to you. Therefore, in the spirit of mending metaphorical fences, I might recommend you explain to your neighbor that the fence was part of the purchased property and that their dispute is with the previous owner, and that you are willing to co-operate with them to bring about a mediated solution. But stress that their issue is with the vendor, and not with you.
Which response is better? RESPONSE
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B
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POST: re hoping for. Legally speaking, what is my obligation given they have no receipts and did the fence months before we bought the property? Do we just write then a cheque based off their word?
RESPONSE A: >We live in Alberta, Canada. I don't know the laws of Alberta, Canada. So I will speak only in broad generalities. >We took possession of our new house in August 2016. The fence separating our yard with the neighbors behind us had already been built sometime before we moved in. If it were me, I would tell the neighbor that I wasn't sure what the law said about the requirement for a neighbor to share the cost of a fence, but that I was willing to presume for discussion that that this was required. And therefore I wished him luck with the process of collecting it from the previous owner whose house it was when the fence was put in. (I had, I would explain if necessary, purchased the house, but not the previous owner's debts.) The truth is that I WOULDN'T wish the neighbor well in the pursuit of this undocumented and un-negotiated debt, but it isn't polite to say so and besides, I have to live near this ass, so there's no reason to antagonize him further. I would also mention that I was willing to share all costs for ongoing maintenance of the fence *SO LONG AS* those maintenance costs were discussed and agreed on beforehand (and ONLY if agreed on beforehand). In general, my goal here is to AVOID arguing the law with this neighbor (because it isn't likely to be productive), but to deflect by using my neighbor's idea of the law to send him after some other party. Preferably one who doesn't have to live near him. Edit: if the developer owned the property before you did, that's great! I would use all the above arguments to tell the neighbor to go bother the developer instead.
RESPONSE B: How do you know that they weren't already reimbursed? Call the developers and see. Ethically you don't owe them shit. 1000 bucks is a nice chunk. They are harassing you and making you uncomfortable in your own yard. Tell them to piss off.
Which response is better? RESPONSE
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B
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POST: they say they paid (33/linear foot) and told us to measure the back fence and pay 50 percent of 33/linear foot. They confirmed the fence was completed months before we took possession, but don't feel that matters. It's a decent amount of $ (about 1000) and they're quite rude... They've never even introduced themselves or spoken to us other than rudely demanding money. Ethically speaking I know we should probably just pay them the cost (this all started a month ago so we haven't done anything yet... We haven't even finished building the fence on the sides of the house in conjunction with our other neighbors yet because the one house is still being built and the other guy just moved in so we want him to have time to get settled). But they're being really, really rude (the wife yelled at me today with my 18 month old son and I playing in the yard). When they first approached us (literally didn't even say hi, just asked us when we would be paying for the fence as we owe them 33/linear foot, and I actually just learned their names today because they are so short with us) I told them my husband and I needed a few weeks to discuss as this is a lot of money and we weren't expecting it. And that we'd follow up with them in a few weeks as we had company over at the time. Since then they've made comments every time we step into the yard. I'm getting frustrated and don't just want to blindly write a cheque simply to have them leave us alone as I think that's the tactic they're hoping for. Legally speaking, what is my obligation given they have no receipts and did the fence months before we bought the property? Do we just write then a cheque based off their word?
RESPONSE A: Check with the lawyer you used for you home purchase. They will give you the best way to proceed.
RESPONSE B: How do you know that they weren't already reimbursed? Call the developers and see. Ethically you don't owe them shit. 1000 bucks is a nice chunk. They are harassing you and making you uncomfortable in your own yard. Tell them to piss off.
Which response is better? RESPONSE
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A
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POST: yelled at me today with my 18 month old son and I playing in the yard). When they first approached us (literally didn't even say hi, just asked us when we would be paying for the fence as we owe them 33/linear foot, and I actually just learned their names today because they are so short with us) I told them my husband and I needed a few weeks to discuss as this is a lot of money and we weren't expecting it. And that we'd follow up with them in a few weeks as we had company over at the time. Since then they've made comments every time we step into the yard. I'm getting frustrated and don't just want to blindly write a cheque simply to have them leave us alone as I think that's the tactic they're hoping for. Legally speaking, what is my obligation given they have no receipts and did the fence months before we bought the property? Do we just write then a cheque based off their word?
RESPONSE A: How do you know that they weren't already reimbursed? Call the developers and see. Ethically you don't owe them shit. 1000 bucks is a nice chunk. They are harassing you and making you uncomfortable in your own yard. Tell them to piss off.
RESPONSE B: Alberta Line Fence Act would state they have to go after the previous owner or the developer. You yourself are not liable for that. You would be within your right as the new owner to build a new fence and split those costs with them, but a preexisting fence is not your responsibility to pay for, only to maintain. You could consult a lawyer about this but be prepared to pay a fee for their time and consideration. Realistically, it would likely cost more for them to sue you than they could ever receive in the battle, so it's probable they're just trying to intimidate you into paying and won't actually go after you for it. I think most likely that they also know it isn't your debt to pay and ate just trying to get the money. I would inform them that they need to work that out with the developer/previous owner. Source: I live in AB and have looked into this before.
Which response is better? RESPONSE
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A
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POST: [Georgia] Neighbor firing gun off his porch to intimidate us because he’s upset every time my dog barks - it’s definitely threatening toward us Is this legal? If it is illegal what’s the law he’s breaking? My dog really doesn’t bark unless somebody is coming into the yard it’s weird he’s taking this so extremely, we’re way out in the country, people have dogs out here.
RESPONSE A: Georgia LEO here depending on jurisdiction could be county ordinance violations. Depending on how he is firing the weapon, ie. In the air, state law reckless conduct Olga 16-5-60. Unless his intent is to intimidate you, pointing weapon at you or has made statements of wanting to harm you, your feelings don’t matter. Call local law enforcement. Most counties and cities have ordinances of firing within a certain distance of another residence.
RESPONSE B: What did your local police say when you called them? Reddit is the wrong place for this question if you have not called local law enforcement if you claim you are being threatened with a gun/shots fired.
Which response is better? RESPONSE
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A
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POST: [Georgia] Neighbor firing gun off his porch to intimidate us because he’s upset every time my dog barks - it’s definitely threatening toward us Is this legal? If it is illegal what’s the law he’s breaking? My dog really doesn’t bark unless somebody is coming into the yard it’s weird he’s taking this so extremely, we’re way out in the country, people have dogs out here.
RESPONSE A: Georgia LEO here depending on jurisdiction could be county ordinance violations. Depending on how he is firing the weapon, ie. In the air, state law reckless conduct Olga 16-5-60. Unless his intent is to intimidate you, pointing weapon at you or has made statements of wanting to harm you, your feelings don’t matter. Call local law enforcement. Most counties and cities have ordinances of firing within a certain distance of another residence.
RESPONSE B: Is he within 50 yards of a road when he does that?
Which response is better? RESPONSE
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B
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POST: [Georgia] Neighbor firing gun off his porch to intimidate us because he’s upset every time my dog barks - it’s definitely threatening toward us Is this legal? If it is illegal what’s the law he’s breaking? My dog really doesn’t bark unless somebody is coming into the yard it’s weird he’s taking this so extremely, we’re way out in the country, people have dogs out here.
RESPONSE A: Illegally discharging a weapon Brandishing of a firearm depending on if the state prohibits that Intimidation/terroristic threat possibly Call the cops, it has been escalated enough to warrant their presence.
RESPONSE B: Georgia LEO here depending on jurisdiction could be county ordinance violations. Depending on how he is firing the weapon, ie. In the air, state law reckless conduct Olga 16-5-60. Unless his intent is to intimidate you, pointing weapon at you or has made statements of wanting to harm you, your feelings don’t matter. Call local law enforcement. Most counties and cities have ordinances of firing within a certain distance of another residence.
Which response is better? RESPONSE
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B
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POST: over to their house right away and explained to them what they ate and they went full apeshit saying their boys wouldn't steal after they were told not to. He shows me video of the boys crying with bright red faces and kept blaming me. I told him that I never gave them the peppers, and that they were the ones who stole them without asking. The next day, I come home from work to see my carolina reaper plants (I have 3), and my small containers with chocolate tomato plants, gone. I went over to their house and saw my broken pots in their yard, I asked them what the fuck did they to my garden. The mother told me his husband seized the plants legally because they were a threat to the safety of their kids. I told them they came on private property illegally, and damaged my property and pots. She denied that she broke any pots, but I ran to the back and pick a shard of my pot and showed it to her. She told me that is was hers, bullshit. So, now, the father dropped a letter saying they will sue me in court and get damages because of what I did to their kids, or I can pay $3500 straight up. I don't want to call the police in case I have to, because I don't want to spend money on a lawyer to defend myself in a lawsuit. what the fuck should I do from here? the deadline to pay him is on friday.
RESPONSE A: Police immediately. Do not pay him.
RESPONSE B: File a police report about the vandalism and stolen property. Take pictures. Put up a No Trespassing sign. WAIT for him to actually file suit in court against you. Because guess what, he totally won't. Ignore his letter completely. The only thing you could possibly (and very very remotely) be on the hook for is actual medical bills. "Stress" doesn't count. You probably don't even need a lawyer for small claims court (I don't know the laws in your state: I am not a lawyer). If you notice the kids in your yard again after you post your sign and file the report, you should invest in some security cameras.
Which response is better? RESPONSE
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A
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POST: they ate and they went full apeshit saying their boys wouldn't steal after they were told not to. He shows me video of the boys crying with bright red faces and kept blaming me. I told him that I never gave them the peppers, and that they were the ones who stole them without asking. The next day, I come home from work to see my carolina reaper plants (I have 3), and my small containers with chocolate tomato plants, gone. I went over to their house and saw my broken pots in their yard, I asked them what the fuck did they to my garden. The mother told me his husband seized the plants legally because they were a threat to the safety of their kids. I told them they came on private property illegally, and damaged my property and pots. She denied that she broke any pots, but I ran to the back and pick a shard of my pot and showed it to her. She told me that is was hers, bullshit. So, now, the father dropped a letter saying they will sue me in court and get damages because of what I did to their kids, or I can pay $3500 straight up. I don't want to call the police in case I have to, because I don't want to spend money on a lawyer to defend myself in a lawsuit. what the fuck should I do from here? the deadline to pay him is on friday.
RESPONSE A: File a police report about the vandalism and stolen property. Take pictures. Put up a No Trespassing sign. WAIT for him to actually file suit in court against you. Because guess what, he totally won't. Ignore his letter completely. The only thing you could possibly (and very very remotely) be on the hook for is actual medical bills. "Stress" doesn't count. You probably don't even need a lawyer for small claims court (I don't know the laws in your state: I am not a lawyer). If you notice the kids in your yard again after you post your sign and file the report, you should invest in some security cameras.
RESPONSE B: You need to report this to the police your property was trespassed on.
Which response is better? RESPONSE
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A
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POST: peppers, and that they were the ones who stole them without asking. The next day, I come home from work to see my carolina reaper plants (I have 3), and my small containers with chocolate tomato plants, gone. I went over to their house and saw my broken pots in their yard, I asked them what the fuck did they to my garden. The mother told me his husband seized the plants legally because they were a threat to the safety of their kids. I told them they came on private property illegally, and damaged my property and pots. She denied that she broke any pots, but I ran to the back and pick a shard of my pot and showed it to her. She told me that is was hers, bullshit. So, now, the father dropped a letter saying they will sue me in court and get damages because of what I did to their kids, or I can pay $3500 straight up. I don't want to call the police in case I have to, because I don't want to spend money on a lawyer to defend myself in a lawsuit. what the fuck should I do from here? the deadline to pay him is on friday.
RESPONSE A: I would point out that peppers don't actually do any harm. Capsaicin activates the nerve receptors resposible for feeling heat, so you avoid things that burn you. But there is no actual heat. No damage is occuring. It's nature's Gom Jabbar pain box. Police report. Trespassing by father. Property damage by father. I'd leave the kids out of it. If they haven't learned to not steal and eat strange things after a carolina reaper, well... Good thing Canada provides excellent social services 'cause they'll need it in a few years :p
RESPONSE B: I would take pictures of the broken pots, the area that was dug up and the pepper that was bitten on. Just in case it does go to court. Tell the police that she admitted that her husband took the plants. Make sure you get a copy of the police report. If you see the kids (or the parents) on your property again, take a picture.
Which response is better? RESPONSE
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A
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POST: ground, one with a bite mark on it. I went over to their house right away and explained to them what they ate and they went full apeshit saying their boys wouldn't steal after they were told not to. He shows me video of the boys crying with bright red faces and kept blaming me. I told him that I never gave them the peppers, and that they were the ones who stole them without asking. The next day, I come home from work to see my carolina reaper plants (I have 3), and my small containers with chocolate tomato plants, gone. I went over to their house and saw my broken pots in their yard, I asked them what the fuck did they to my garden. The mother told me his husband seized the plants legally because they were a threat to the safety of their kids. I told them they came on private property illegally, and damaged my property and pots. She denied that she broke any pots, but I ran to the back and pick a shard of my pot and showed it to her. She told me that is was hers, bullshit. So, now, the father dropped a letter saying they will sue me in court and get damages because of what I did to their kids, or I can pay $3500 straight up. I don't want to call the police in case I have to, because I don't want to spend money on a lawyer to defend myself in a lawsuit. what the fuck should I do from here? the deadline to pay him is on friday.
RESPONSE A: For what it's worth, OP, I've been looking it up and it appears the "attractive nuisance" doctrine everyone is mentioning here is exclusive to U.S. law. At the very least, there's no equivalent in Canada that I can find. Best of luck to you.
RESPONSE B: I would take pictures of the broken pots, the area that was dug up and the pepper that was bitten on. Just in case it does go to court. Tell the police that she admitted that her husband took the plants. Make sure you get a copy of the police report. If you see the kids (or the parents) on your property again, take a picture.
Which response is better? RESPONSE
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B
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POST: (Canada ab) my neighbor is losing her mind Sorry if this is the wrong place to post this. My neighbor, a previously sweet lady, is going crazy. I am not sure if it is dementia or mental illness. Today she came with a crate and screamed at me that my dogs keep chasing my cats into her yard and she will "call the government" on me. The thing is I don't own any dogs. I don't own a cat either. So I hesitantly look into this crate and see a distressed squirrel. I don't know how she caught this poor thing. From previous talks when she was normal I know she is the only living member of her family, no real friends and no family. So what I am wondering is what will happen to her if I contact adult social services? I am really concerned because she obviously needs help but I don't want her sent away to a dingy institution. This is a woman who made us a lovely casserole when we moved in. Now she is calling a squirrel a cat and blaming it on my non existent dogs. I am not sure what to do. She seems functional (clean, proper clothing, well fed, etc) could adult services even do something about this?
RESPONSE A: She isn't functional, poor thing. When my mother had dementia her delusions/hallucinations were more real to her than actual reality. There was no way to convince her that there wasn't a snake in the corner, for instance. Please call adult services for this person before she manages to hurt herself somehow, or before some criminal takes terrible advantage of her. It may even be that she would get a bit better in a facility where she would get balanced meals and regular medications. You could go and see her once in a while and take her something tasty like McDonald's pie.
RESPONSE B: She might have a uti. We learned that seniors with utis can act out of their norm and seem crazy. She needs a welfare check. Utis in seniors can cause sepsis a life threatening condition that can accelerate very quickly, less than 24 hrs.
Which response is better? RESPONSE
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POST: (MA) my cat got out last night and the neighbors took him in. When he attacked their dog today they had my cat put down. (posting on behalf of a friend). The cat got out last night and the neighbors claim they thought he was their cat. He doesn't get along with dogs and never had. He attacked their dog so they just assumed he was rabid and the vet didn't check the micro chip until AFTER killing the cat.
RESPONSE A: * Sue neighbor for the value of the cat * Report veterinarian to the licensing board.
RESPONSE B: They may be able to file a complaint with the licensing board for vets in your state.
Which response is better? RESPONSE
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B
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POST: (MA) my cat got out last night and the neighbors took him in. When he attacked their dog today they had my cat put down. (posting on behalf of a friend). The cat got out last night and the neighbors claim they thought he was their cat. He doesn't get along with dogs and never had. He attacked their dog so they just assumed he was rabid and the vet didn't check the micro chip until AFTER killing the cat.
RESPONSE A: Sorry that happened to your friend. The neighbours are assholes and the vet was completely in the wrong for just believing them at face value without checking for a chip.
RESPONSE B: They are lying. No vet puts down a healthy cat, and rabies is highly contagious so they would want to ensure their dog wasn't infected by a rabid cat. Find the vet and get the real story.
Which response is better? RESPONSE
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A
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POST: (MA) my cat got out last night and the neighbors took him in. When he attacked their dog today they had my cat put down. (posting on behalf of a friend). The cat got out last night and the neighbors claim they thought he was their cat. He doesn't get along with dogs and never had. He attacked their dog so they just assumed he was rabid and the vet didn't check the micro chip until AFTER killing the cat.
RESPONSE A: They are lying. No vet puts down a healthy cat, and rabies is highly contagious so they would want to ensure their dog wasn't infected by a rabid cat. Find the vet and get the real story.
RESPONSE B: They may be able to file a complaint with the licensing board for vets in your state.
Which response is better? RESPONSE
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B
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POST: (MA) my cat got out last night and the neighbors took him in. When he attacked their dog today they had my cat put down. (posting on behalf of a friend). The cat got out last night and the neighbors claim they thought he was their cat. He doesn't get along with dogs and never had. He attacked their dog so they just assumed he was rabid and the vet didn't check the micro chip until AFTER killing the cat.
RESPONSE A: Sue them for the value of the cat.
RESPONSE B: They are lying. No vet puts down a healthy cat, and rabies is highly contagious so they would want to ensure their dog wasn't infected by a rabid cat. Find the vet and get the real story.
Which response is better? RESPONSE
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B
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POST: (MA) my cat got out last night and the neighbors took him in. When he attacked their dog today they had my cat put down. (posting on behalf of a friend). The cat got out last night and the neighbors claim they thought he was their cat. He doesn't get along with dogs and never had. He attacked their dog so they just assumed he was rabid and the vet didn't check the micro chip until AFTER killing the cat.
RESPONSE A: Sorry that happened to your friend. The neighbours are assholes and the vet was completely in the wrong for just believing them at face value without checking for a chip.
RESPONSE B: >the neighbors claim they thought he was their cat. ಠ_ಠ How possibly does someone not know their own cat? Even cats that look the same at first glance would be identified quickly by their owner.
Which response is better? RESPONSE
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POST: and now the cows get out regularly. This past weekend, the entire herd escaped in the middle of the night during a big rain storm, so the ground was very soft and their hooves left damage all over our property. I'm talking 4-6 inch holes punched into the ground, enough to really twist your ankle if you stepped in one that you didn't see. Not to mention all of the wonderful "meadow muffins" the cows left all across the lawn. We got 2 separate quotes to see how much it would cost to repair everything, averaging out to about 5k in damages. Home owners insurance does not cover damage done by animals, so we hired an attorney to go after them for the repair costs. Additionally, we're requesting them to put in proper fencing to prevent this from continuing to happen. **Questions: are we going about this the right way?** **Also, is there any angle we can go after regarding the diminished value of our property, or inability to enjoy our property as we intended when we made this move?** **The new owners are paying for the land through seller financing, and the seller requires them to have insurance, but they do not. Is the lien holder also liable in this situation?** Any help or insight is greatly appreciated! We just want to live a peaceful life out here without having to worry about cows or bulls getting out and hurting our children when they're outside playing.
RESPONSE A: NCGS 68-17 allows you to impound the trespassing livestock until you've been fairly compensated for the damage caused (plus the cost of maintaining the livestock).
RESPONSE B: Hiring an attorney is the best way to go about this. There may be liability for the damage due to the livestock escape (your lawyer will be aware of the laws in your area.) The dilapidated barns are unlikely to be fixable; part of living in the country... there's not really a whole lot of rules against unsightly things. Did the buyers actually purchase the property, or is this a rent-to-own sort of situation? If they purchased the property, and just got a mortgage from the seller, then you don't have the right to enforce an insurance requirement.
Which response is better? RESPONSE
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POST: o ugly". The county did issue a couple violations for the junk cars on the property, but he told us that the fines were minimal and there was really no penalty for not paying them. Well fast forward again and now the cows get out regularly. This past weekend, the entire herd escaped in the middle of the night during a big rain storm, so the ground was very soft and their hooves left damage all over our property. I'm talking 4-6 inch holes punched into the ground, enough to really twist your ankle if you stepped in one that you didn't see. Not to mention all of the wonderful "meadow muffins" the cows left all across the lawn. We got 2 separate quotes to see how much it would cost to repair everything, averaging out to about 5k in damages. Home owners insurance does not cover damage done by animals, so we hired an attorney to go after them for the repair costs. Additionally, we're requesting them to put in proper fencing to prevent this from continuing to happen. **Questions: are we going about this the right way?** **Also, is there any angle we can go after regarding the diminished value of our property, or inability to enjoy our property as we intended when we made this move?** **The new owners are paying for the land through seller financing, and the seller requires them to have insurance, but they do not. Is the lien holder also liable in this situation?** Any help or insight is greatly appreciated! We just want to live a peaceful life out here without having to worry about cows or bulls getting out and hurting our children when they're outside playing.
RESPONSE A: NCGS 68-17 allows you to impound the trespassing livestock until you've been fairly compensated for the damage caused (plus the cost of maintaining the livestock).
RESPONSE B: I echo what u/Sirwired said, but also there is no direct liability toward the lien holder but you should verify that that is how this was financed and not a rent to own sort of deal, i.e. who is actually on the deed currently. Additionally, you should inform the lien/mortgage holder that they do not have insurance.
Which response is better? RESPONSE
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POST: , so the ground was very soft and their hooves left damage all over our property. I'm talking 4-6 inch holes punched into the ground, enough to really twist your ankle if you stepped in one that you didn't see. Not to mention all of the wonderful "meadow muffins" the cows left all across the lawn. We got 2 separate quotes to see how much it would cost to repair everything, averaging out to about 5k in damages. Home owners insurance does not cover damage done by animals, so we hired an attorney to go after them for the repair costs. Additionally, we're requesting them to put in proper fencing to prevent this from continuing to happen. **Questions: are we going about this the right way?** **Also, is there any angle we can go after regarding the diminished value of our property, or inability to enjoy our property as we intended when we made this move?** **The new owners are paying for the land through seller financing, and the seller requires them to have insurance, but they do not. Is the lien holder also liable in this situation?** Any help or insight is greatly appreciated! We just want to live a peaceful life out here without having to worry about cows or bulls getting out and hurting our children when they're outside playing.
RESPONSE A: Contact the lien holder and say something like "i know you are have sold the land but if there's an opportunity for me to buy it in the future, we are ready to purchase. And by the way, the buyers are awful." If the land purchase was seller-financed then maybe you will get lucky down the road.
RESPONSE B: Hiring an attorney is the best way to go about this. There may be liability for the damage due to the livestock escape (your lawyer will be aware of the laws in your area.) The dilapidated barns are unlikely to be fixable; part of living in the country... there's not really a whole lot of rules against unsightly things. Did the buyers actually purchase the property, or is this a rent-to-own sort of situation? If they purchased the property, and just got a mortgage from the seller, then you don't have the right to enforce an insurance requirement.
Which response is better? RESPONSE
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B
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POST: there was really no penalty for not paying them. Well fast forward again and now the cows get out regularly. This past weekend, the entire herd escaped in the middle of the night during a big rain storm, so the ground was very soft and their hooves left damage all over our property. I'm talking 4-6 inch holes punched into the ground, enough to really twist your ankle if you stepped in one that you didn't see. Not to mention all of the wonderful "meadow muffins" the cows left all across the lawn. We got 2 separate quotes to see how much it would cost to repair everything, averaging out to about 5k in damages. Home owners insurance does not cover damage done by animals, so we hired an attorney to go after them for the repair costs. Additionally, we're requesting them to put in proper fencing to prevent this from continuing to happen. **Questions: are we going about this the right way?** **Also, is there any angle we can go after regarding the diminished value of our property, or inability to enjoy our property as we intended when we made this move?** **The new owners are paying for the land through seller financing, and the seller requires them to have insurance, but they do not. Is the lien holder also liable in this situation?** Any help or insight is greatly appreciated! We just want to live a peaceful life out here without having to worry about cows or bulls getting out and hurting our children when they're outside playing.
RESPONSE A: I echo what u/Sirwired said, but also there is no direct liability toward the lien holder but you should verify that that is how this was financed and not a rent to own sort of deal, i.e. who is actually on the deed currently. Additionally, you should inform the lien/mortgage holder that they do not have insurance.
RESPONSE B: Contact the lien holder and say something like "i know you are have sold the land but if there's an opportunity for me to buy it in the future, we are ready to purchase. And by the way, the buyers are awful." If the land purchase was seller-financed then maybe you will get lucky down the road.
Which response is better? RESPONSE
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B
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POST: to mention all of the wonderful "meadow muffins" the cows left all across the lawn. We got 2 separate quotes to see how much it would cost to repair everything, averaging out to about 5k in damages. Home owners insurance does not cover damage done by animals, so we hired an attorney to go after them for the repair costs. Additionally, we're requesting them to put in proper fencing to prevent this from continuing to happen. **Questions: are we going about this the right way?** **Also, is there any angle we can go after regarding the diminished value of our property, or inability to enjoy our property as we intended when we made this move?** **The new owners are paying for the land through seller financing, and the seller requires them to have insurance, but they do not. Is the lien holder also liable in this situation?** Any help or insight is greatly appreciated! We just want to live a peaceful life out here without having to worry about cows or bulls getting out and hurting our children when they're outside playing.
RESPONSE A: Look into Small Claims Court. You won't need a lawyer, but you'll have to convince the judge that the damage was real, the neighbors are responsible for it, and provide proof of damage value. Do this each time and they may eventually fix the problems.
RESPONSE B: I cannot give you any legal input, but I can give you a warning: be careful with pissed off rural farmers. I do a ton of GIS 911 dispatch work in a very rural county in VA and I can tell you from time to time zoning is contacted about such and such damaging the property or diminishing its value, but they live in A1 (our version of nearly anything goes zoning). It rarely ends well for the complaining party in the long term. We had one family farm switch over from goats to swine. That entire hollow that live at now has the omnipresent smell of pigshit all because one neighbor got upset about the goats escaping once in a blue moon and ate some of the landscaping. Again, this isn't to dissuade you from your small claim court case; totally do that. Just do it respectfully.
Which response is better? RESPONSE
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POST: I want to be rolling already. This morning I recorded the dog walking the fence line on their side in anticipation of it coming through, which it did later on, but was not captured in that particular video. Is there any law against recording this, since it's technically their property? Im in rural area and we have barbed wire, so it's not like I'm standing on something and putting my camera over their fence, I am recording from a fair distance while standing in my own yard. Im just curious if my recording can be used at all or if it will be dismissed, and if I should only start recording the second the dog comes across the fence. Because of the layout of our property, it's impossible to be recording ours and not theirs at the same time as it's a very open area and we are on the top of a hill. This is Arkansas btw. Thanks!
RESPONSE A: You would legally be able to record the dog, yes. You may want to make sure your neighbors are aware of their liability towards you IRT the dog attacking your livestock. Per AR § 20-19-102 you can also destroy a dog attacking your livestock.
RESPONSE B: Check your local laws regarding dogs "worrying" cattle. Here in CA farmers have the legal right to use terminal force (ie shoot) then in certain rural locations. Check with your dept of agriculture, they can guide you on appropriate animal control measures for things that are affecting livestock. Yes you can film your neighbors dog in their yard, assuming you don't need to do anything to see them. (IE climb on your roof, climb a ladder to point down in their yard. If you can see it plainly, you can film it. Be careful with capturing audio though. That's a separate issue. More info - this is general info. AR law does allow for the destruction of the dogs interfering with livestock. If done under the law you'd be immune from prosecution and your neighbor couldn't sue you. Plus if the animal causes damage to the livestock they are liable for that as well. https://www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter11-12.html
Which response is better? RESPONSE
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POST: Is recording my neighbors dog on their own property illegal? AR I am building a case against my neighbors who have a dog that chases our livestock. It's been a tricky thing, because they only let the dog loose when they are there, and it's usually on the weekends when Animal Control is closed. I have been starting to record any time I see the dog loose in their yard, because the fence between our properties is not adequate to keep the dog in. It only takes a second for him to duck the fence and speed towards our livestock, so I want to be rolling already. This morning I recorded the dog walking the fence line on their side in anticipation of it coming through, which it did later on, but was not captured in that particular video. Is there any law against recording this, since it's technically their property? Im in rural area and we have barbed wire, so it's not like I'm standing on something and putting my camera over their fence, I am recording from a fair distance while standing in my own yard. Im just curious if my recording can be used at all or if it will be dismissed, and if I should only start recording the second the dog comes across the fence. Because of the layout of our property, it's impossible to be recording ours and not theirs at the same time as it's a very open area and we are on the top of a hill. This is Arkansas btw. Thanks!
RESPONSE A: You would legally be able to record the dog, yes. You may want to make sure your neighbors are aware of their liability towards you IRT the dog attacking your livestock. Per AR § 20-19-102 you can also destroy a dog attacking your livestock.
RESPONSE B: I am not a lawyer but I am a photographer, and I know you can record anything you can see from public view. If you were trying to film what is happening in their house, then you could be in trouble. As long as you are filming a wide area, and it is for purposes of securing your property and animals, you should be fine. Talk to a lawyer if you have any doubts.
Which response is better? RESPONSE
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B
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POST: UPDATE:(Tx) The secretary at my kids school keeps calling CPS on us claiming that we're starving them/not letting them wear sunscreen. https://www.reddit.com/r/legaladvice/comments/3rp23d/tx_the_secretary_at_my_kids_school_keeps_calling/ The investigator just left. She was beyond rude to me. She questioned why our son(6 months old) was born by c-section. And started asking invasive questions about my weight and if I'm anorexic and trying to force the kids to lose weight and asking why their biological mother isn't raising them. (Their biological mom didn't want to be a mother anymore so she divorced my husband and moved a few hours away, she sees them one weekend a month)
RESPONSE A: Is switching schools an option?
RESPONSE B: GET A LAWYER!!! THIS happened in Texas too! It has been extremely painful and disruptive to the family. Don't wait until they come back and take your kids. Act now.
Which response is better? RESPONSE
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POST: 17-year old ran a stop sign and hit my car. Now her insurance company is trying to say I’m partially responsible and that they won’t pay for the full value of my car. A 17-year old girl ran a stop sign at 5:50am and hit my car as I was going through a residential intersection. She had a stop sign, I did not. It totaled my car and only put dents in hers. I’m pretty sure she didn’t even have her headlights on. Police were called and she was ticketed for running the stop sign. Now her insurance company is saying that their preliminary investigation is showing that I’m partially responsible because my state (Nebraska) is a “partial fault” state and that I should have “seen her going through the stop sign” So their saying that their only going to give me partial payment for the value of my car. Should I be getting a lawyer involved? Or my own insurance agent? I have State Farm and the girl has American Family.
RESPONSE A: They are going to do anything they can to reduce your payout. They are experts at it. If you think you're going to fight this yourself against an experienced professional adjuster then I would ask if you would be as willing to step into a MMA ring with a experienced professional fighter? Get your own insurance involved, let them go to bat for you. They are also experts. At least then its a fair fight.
RESPONSE B: Call your insurance company. Now. That's why you have insurance. To protect you in these circumstances. The other driver's insurance company is trying to get out of making you whole. They don't represent you. They represent the other driver. Get State Farm involved.
Which response is better? RESPONSE
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B
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POST: that typically parents are far more helpful than I have been and that they get the information the office needs. This is all over email. I'm not really sure how the hell that's supposed to happen, when I specifically asked for which codes were needed and was informed that 1) its unethical to get a parent to ask that, and 2) the parent is not going to get an answer anyway. I let them know that until this is figured out, I'm not going to send my kid for services. The office is repeatedly telling me that I will have to pay for what Medicaid doesn't cover, but Medicaid is saying that its the responsibility of the office to bill correctly. The Doctor's Office is refusing to leave messages (they claimed in a text that they weren't sure it was my phone, when they've left messages before...also why are they texting me to say they aren't sure that its my phone? That is 100% a lie.) and at this point I'm half expecting them to terminate all services abruptly and say they no longer take Medicaid patients, which means I have to find a new doctor for speech. They only want to speak over the phone now- no emails, no messages. Nothing in writing. I sense a problem. How do I protect myself from them coming after me for the billing? Also if they do just drop me over this, is it considered patient abandonment (not sure since my kid won't die if they don't have speech therapy, but this is extremely detrimental to them).
RESPONSE A: Any chance you can do a three way call with the coordinator, yourself, and the company that works with medicaid?
RESPONSE B: Insurance billing coordinator here. Our office isn’t allowed to bill Medicaid patients for anything except co-pays which in our state only applies to adults. that coordinator sucks. When I misenter billing codes there is nothing the patient can do - I have to call our Medicaid and figure it out. I found this page -https://iphca.org/medicaid/ Scroll to the bottom for technical assistance. If I were advising one of our clients, I’d start calling that number. I’m not in Illinois but I’m pretty sure billing works similar in most places.
Which response is better? RESPONSE
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POST: ing this out himself, since we don't even understand the intricacies of the health insurance billing system (and I agree). Should I be worried about my mother's account being sent to collections? Is there anything else I can do at this point to help her, or get the doctor off her back. Thank you.
RESPONSE A: Tell the physician's office (better yet, contact the actual physician) and inform them that you will be opening up a formal complaint with ny Medicaid and with the ny state dept of financial services for "balance billing" a Medicaid beneficiary. If they claim they aren't in the Medicaid network, refer to Medicaid Act, 42 U.S.C.S. § 1396 (second source below) Source link still the law not only is it still the law, it's actually more strict now and gets providers (clinics, doctors, etc) fined, audited and can cause revocation of license to practice. More: Under the Medicaid Act, 42 U.S.C.S. § 1396, those doctors and hospitals who are willing to treat Medicaid patients must agree to accept the designated Medicaid rate and not ask the patient to pay any money beyond that amount. 42 U.S.C.S. §§ 1320a-7b(d), and 42 C.F.R. § 447.15 (1989). In New York State, a Medicaid provider is prohibited from seeking payment from a Medicaid recipient of amounts not reimbursed by the state program. New York City Health & Hosp. Corp. v. Perales, 954 F.2d 854, 855, 1992 U.S. App. LEXIS 1720, 1, 36 Soc. Sec. Rep. Service 216 (2d Cir. N.Y. 1992).
RESPONSE B: You might go in and ralk to the accounts recievable person at the doctor's office. Possibly a Practice manager. Take the forms, explain her situation, impress on them the likelihood of collecting, and try as best you can to facilitate the insurance company and his practice to coordinate. Leaving you in the middle of their fight serves no purpose. As a longer term remedy, perhaps find an in network physician.
Which response is better? RESPONSE
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POST: to be the end of it. Today, a month after the first letter, she received another threatening letter in the mail, with a nasty handwritten note on the bottom: "We can provide evidence that your insurance was billed several times." They told her she has 45 days to work it out with her insurance company or they will be sending her to collections. I was livid when I read the letter, because she doesn't have any copays and is well below the poverty level. $1000 to her is a month's worth of income. I got on the phone with her insurance company to figure out what was going on. They told me that firstly, this is not our responsiblity to solve, it's the doctor's. Secondly, the doctor has not been pre-authorizing her appointments before she attends them, and because of this, the appointments were not getting covered since he is apparently out of network (how his office did not know this I have NO idea). Thirdly, even if he was in-network, he's billing the wrong codes, which would have been denied anyway. The insurance company told me they will not be paying out the claims since this mess is due to the doctor's negligence, and they said if the doctor attempts to charge her, it would be illegal since she doesn't even have a copay. They told us that this doctor should be sorting this out himself, since we don't even understand the intricacies of the health insurance billing system (and I agree). Should I be worried about my mother's account being sent to collections? Is there anything else I can do at this point to help her, or get the doctor off her back. Thank you.
RESPONSE A: Wait, so are these appointments she went to, or ones she missed?
RESPONSE B: You might go in and ralk to the accounts recievable person at the doctor's office. Possibly a Practice manager. Take the forms, explain her situation, impress on them the likelihood of collecting, and try as best you can to facilitate the insurance company and his practice to coordinate. Leaving you in the middle of their fight serves no purpose. As a longer term remedy, perhaps find an in network physician.
Which response is better? RESPONSE
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A
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POST: not pull teeth because the Ortho didn't recommend to do so... I asked the dentist, and he said he never got a letter NOT to pull them, so since it was part of his initial recommendation in September, that's why it happened. And it's not a big deal cuz they are his baby teeth, and it was super crowded in there anyways. I took my son home, and a few hours later I called the ortho. The front desk ladies sounded kind of shocked on the phone. And after discussing with the ortho, they said "well it's not ideal, but now we need to jumpstart his treatment, so we'll schedule you for next month." So now, after being so, so traumatized by today, I HAVE to drag him into the Ortho now so that those spaces don't start to close up., And come up with $3500 for the ortho. So my questions: is the dentist in the wrong/right? Am I over reacting? Is there any legal thing to do in this case? My mom guilt is on the fritz anyways. I just can't believe he didn't reiterate what was going to happen today.. and now, it's too late.
RESPONSE A: Hi — I am a lawyer and a total dentalphobe. As others have said, go ahead and consult with an attorney, but I doubt you have enough damages to make it worth anyone’s while. When I did PI we almost never took dental cases, FWIW, and I don’t really see the damages here for what was a premature extraction that would have become necessary at some point anyway. I have no doubt your son is wigged out, but four holes in the mouth are generally not the stuff med mal types dream of. Good luck; my fear of the dentist lessened over the years and I hope the same for your little one.
RESPONSE B: Did you sign an estimate or proposed treatment by the dentist? It sounds like the appointment you made was for all of the treatment and there was no communication between the ortho and the dentist about the extractions to modify the treatment and time scheduled because no letter was sent so the dentist went with the initial proposed plan. You can call a malpractice attorney to see if you have a case.
Which response is better? RESPONSE
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POST: of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
RESPONSE A: I think more attention should be paid to which medication you were taking. Not a lawyer but pretty sure “I didn’t know I wasn’t supposed to drive on this medication” isn’t a valid legal defense.
RESPONSE B: Do not ask for internet advice on a DUI. You need an attorney. This is a very, very, very serious criminal charge that can lead to serious complications in your life. There typically isn't much jail time involved so people just blow it off, but a DUI conviction can destroy your professional life, lock you out of certain careers, cause immediate professional license suspensions and ban you from travel to certain countries (Canada for example).
Which response is better? RESPONSE
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POST: not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
RESPONSE A: Do not ask for internet advice on a DUI. You need an attorney. This is a very, very, very serious criminal charge that can lead to serious complications in your life. There typically isn't much jail time involved so people just blow it off, but a DUI conviction can destroy your professional life, lock you out of certain careers, cause immediate professional license suspensions and ban you from travel to certain countries (Canada for example).
RESPONSE B: How did he know you were on medication? What medication were you on?
Which response is better? RESPONSE
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B
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POST: parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
RESPONSE A: Not a lawyer, but generally speaking you can be arrested for DUI even with a 0 BAC if the officer has probable cause that you were impaired. It could be that your physical appearance (bloodshot eyes, pale skin, any smells) made the officer believe you were impaired. Get a lawyer.
RESPONSE B: Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
Which response is better? RESPONSE
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POST: . Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
RESPONSE A: Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
RESPONSE B: Your story doesn't make sense for a number of reasons. For starters: 1)DUI is not a permitted offense. You would have been arrested and taken to the jail. You could have been given a PR bond from there, but not cut a summons on the scene. 2)Grady is the name of the hospital, not the jail. The dash and body cams should be telling. Get an attorney.
Which response is better? RESPONSE
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POST: [Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
RESPONSE A: Step 1) remove anything valuable or irreplaceable from the unit. You can be right and win the legal battle, but that won't bring back grandma's ashes. Step 2) take an inventory (with pictures or video) of everything left inside. Step 3) certified mail to the management company with a copy of the lease, highlighting the relevant sections. Step 4) make two copies of the page of the lease, circle the appropriate sections and post then on the outside and inside of the locker with a note that says "this locker is included in the lease, which is valid until April 2023, management company will be responsible for any lost or damaged items, contents have been fully inventoried" Step 5) sue them if they still throw out all the stuff
RESPONSE B: Have you tried reaching out to the new management? Send them a copy of the lease, highlight the area of the lease that grants rights to the storage unit, and tell them you expect them to honor the lease. If they refuse, then you escalate.
Which response is better? RESPONSE
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POST: [Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
RESPONSE A: If you’re in the Madison area, contact the Tenant Resource Center.
RESPONSE B: Step 1) remove anything valuable or irreplaceable from the unit. You can be right and win the legal battle, but that won't bring back grandma's ashes. Step 2) take an inventory (with pictures or video) of everything left inside. Step 3) certified mail to the management company with a copy of the lease, highlighting the relevant sections. Step 4) make two copies of the page of the lease, circle the appropriate sections and post then on the outside and inside of the locker with a note that says "this locker is included in the lease, which is valid until April 2023, management company will be responsible for any lost or damaged items, contents have been fully inventoried" Step 5) sue them if they still throw out all the stuff
Which response is better? RESPONSE
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B
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POST: [Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
RESPONSE A: Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
RESPONSE B: Step 1) remove anything valuable or irreplaceable from the unit. You can be right and win the legal battle, but that won't bring back grandma's ashes. Step 2) take an inventory (with pictures or video) of everything left inside. Step 3) certified mail to the management company with a copy of the lease, highlighting the relevant sections. Step 4) make two copies of the page of the lease, circle the appropriate sections and post then on the outside and inside of the locker with a note that says "this locker is included in the lease, which is valid until April 2023, management company will be responsible for any lost or damaged items, contents have been fully inventoried" Step 5) sue them if they still throw out all the stuff
Which response is better? RESPONSE
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B
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POST: [Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
RESPONSE A: If you’re in the Madison area, contact the Tenant Resource Center.
RESPONSE B: Have you tried reaching out to the new management? Send them a copy of the lease, highlight the area of the lease that grants rights to the storage unit, and tell them you expect them to honor the lease. If they refuse, then you escalate.
Which response is better? RESPONSE
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A
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POST: [Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
RESPONSE A: Have you tried reaching out to the new management? Send them a copy of the lease, highlight the area of the lease that grants rights to the storage unit, and tell them you expect them to honor the lease. If they refuse, then you escalate.
RESPONSE B: Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
Which response is better? RESPONSE
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A
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POST: to my primary care doctor's office and see him as originally planned. I went back to his office and asked the receptionist what was going on. She informed me that she had taken it upon herself to cancel my appointment with him on the very incorrect assumption that all I wanted was to get some sleeping pills. She had thought a psychiatrist would be a better doctor to see. This woman has absolutely NO medical degree or certification of any kind and she changed my appointments on her own (VERY incorrect) assumptions without even TELLING me first or asking for my permission. I was unable to see my primary care doctor because she had already given my slot to a walk in and told me I would have to reschedule to see him. Because of my school schedule and how booked they are, I'll have to wait several more weeks. I told her how upset I was but she didn't apologize or even seem to understand why what she had done was unprofessional. This is not the first time I have seen shady practices at this clinic and will be switching to a new provider, but I am absolutely furious that the receptionist ruined my appointment and compromised my health care over this. I'm not sure if patient privacy laws or anything have actually been violated, but I definitely want to know what I can do even if it's just filing a complaint somewhere.
RESPONSE A: Please inform your doctor or the office manager about this situation. You may not be the first or only person that this has happened to and you surely do not want it to happen to someone else. Your doctor/office manager most likely has no idea this happened. They must be informed of this bizarre behavior. Keep in mind that, we as professionals, are behind the scenes practicing our profession and do not micromanage the staff. However, if my assistant or the receptionist did something that caused one of my clients concern, I would absolutely want to know about it so that I could address the problem prior to losing my client.
RESPONSE B: It was a HIPAA violation. She took your PHI and gave it to another health care provider without your consent. Unless you signed a HIPAA form then they could have shared your information,but then she still violated HIPAA because she was not authorized to share according to her job title.
Which response is better? RESPONSE
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POST: crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
RESPONSE A: Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
RESPONSE B: The point at which you actually take a substantial action toward the commission of the crime.
Which response is better? RESPONSE
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POST: of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
RESPONSE A: It doesn't matter unless you actually kill him or try to kill him (or solicit someone else to kill him, or engage another person in a plan to kill him). Merely thinking about committing a crime isn't a crime.
RESPONSE B: Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
Which response is better? RESPONSE
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POST: anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
RESPONSE A: Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
RESPONSE B: Have you thought about adding an explanation to the beginning? Something along the lines of “ My therapist thinks it would be beneficial to write down my feelings towards this person. I in no way intend to do him harm, this is for therapy and to deal with my grief.” That way if say you do keep it and someone finds it, they are more inclined to walk away, as opposed to them finding something that just randomly goes into detail about how you would beat this guy to death. Just a suggestion. I would also like to point out that this is very common in therapy. It’s like writing letters to your family but not sending them. And unless your therapist thinks your actually capable of it, you should be ok.
Which response is better? RESPONSE
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POST: My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
RESPONSE A: It doesn't matter unless you actually kill him or try to kill him (or solicit someone else to kill him, or engage another person in a plan to kill him). Merely thinking about committing a crime isn't a crime.
RESPONSE B: Buy a shredder. Write out your thoughts, sit on it overnight, then shred it.
Which response is better? RESPONSE
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A
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POST: My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
RESPONSE A: The point at which you actually take a substantial action toward the commission of the crime.
RESPONSE B: It doesn't matter unless you actually kill him or try to kill him (or solicit someone else to kill him, or engage another person in a plan to kill him). Merely thinking about committing a crime isn't a crime.
Which response is better? RESPONSE
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POST: My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
RESPONSE A: Paralegal here. There is a motion called Automatic Orders in most states, that attorneys automatically apply and which come into play once divorce papers have been filed and requires- both parties to leave marital assets (all of them) in a status quo - unless a written agreement is formulated- as they were prior to the onset of the dissolution. (Unless to do so would adversely affect financial security.) this extends even to normal stock trades, allowances, monies toward IRA or 401K. Each state has their own applicable statues for conduct regarding this- but an act of financial deprivations at the onset of a divorce is generally not respected in the courts and the judge may order the return of the assets. Best to get an attorney involved. At the very least- the offended party can self draft a cease and desist for removal of jointly held assets and have a marshal service or appropriate service deliver it- even without an attorney.
RESPONSE B: I mean she *can* do it (since she clearly *did* do it) but it's not going to go over well with the divorce court. The judge will not be amused - and will likely make her return any portion that's his property (likely half, but depends on the individual state). These sort of antics also tend to get the courts predisposed to act against you in other aspects of the divorce.
Which response is better? RESPONSE
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POST: My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
RESPONSE A: No. Community property. Husband is entitled to half.
RESPONSE B: Paralegal here. There is a motion called Automatic Orders in most states, that attorneys automatically apply and which come into play once divorce papers have been filed and requires- both parties to leave marital assets (all of them) in a status quo - unless a written agreement is formulated- as they were prior to the onset of the dissolution. (Unless to do so would adversely affect financial security.) this extends even to normal stock trades, allowances, monies toward IRA or 401K. Each state has their own applicable statues for conduct regarding this- but an act of financial deprivations at the onset of a divorce is generally not respected in the courts and the judge may order the return of the assets. Best to get an attorney involved. At the very least- the offended party can self draft a cease and desist for removal of jointly held assets and have a marshal service or appropriate service deliver it- even without an attorney.
Which response is better? RESPONSE
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POST: My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
RESPONSE A: The short answer is no, if it's a joint account and they both put money in it, it's a joint asset. The longer answer is, he needs a lawyer ASAP (which you already know), and the first thing they might do is to tell her to either put it back and wait until they work out assets, or tell her to put back his portion, or it'll end up going before the court. Courts don't generally love it when one spouse raids the assets in anticipation of a divorce. Of course, state laws vary, and a lawyer is needed. I hope your friend gets a good one to protect him!
RESPONSE B: I mean she *can* do it (since she clearly *did* do it) but it's not going to go over well with the divorce court. The judge will not be amused - and will likely make her return any portion that's his property (likely half, but depends on the individual state). These sort of antics also tend to get the courts predisposed to act against you in other aspects of the divorce.
Which response is better? RESPONSE
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A
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POST: My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
RESPONSE A: The short answer is no, if it's a joint account and they both put money in it, it's a joint asset. The longer answer is, he needs a lawyer ASAP (which you already know), and the first thing they might do is to tell her to either put it back and wait until they work out assets, or tell her to put back his portion, or it'll end up going before the court. Courts don't generally love it when one spouse raids the assets in anticipation of a divorce. Of course, state laws vary, and a lawyer is needed. I hope your friend gets a good one to protect him!
RESPONSE B: No. Community property. Husband is entitled to half.
Which response is better? RESPONSE
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POST: job. This has caused stress.
RESPONSE A: I am not a lawyer. I am not sure what you do exactly, but if your boss is shady with HR he is might be shady in the OSHA required documents area. You could report him to OSHA. The reason you might want to do this is if you are retaliated against and can link it to the injury or the OSHA visit you might qualify for whistle blower protection.
RESPONSE B: OK I'm going to break this down. >He has tried not paying me for time worked, unpaid lunch time I've had to work through. File a wage claim with the Department of Labor. >My employer also likes to change rules that benefits him and his company while neglecting to inform the employees of the rule changes. Absent a union contract or collective bargaining agreement there is nothing wrong with this. >I was also injured on the job and when I reported it, I was dissuaded from filing a worker comp claim. I was told I didn't need to go to the doctor that I was fine. OK. This is unfortunately common. You filed a claim anyway. That claim will cover your medical care and lost time. >When I did go to the doctor and filed a claim, I believe I was retaliated against for doing so. We get production bonuses every month. I was denied the bonus and given the excuse that I left early too many days. Even though the days I left early were pre-approved doctor's appointments and the day before Thanksgiving where we were instructed to leave at noon due to a company party. I was even gave the "you left early" excuse for a day that the company was closed and I came in as a favor to finish up an open job. If the bonuses were based on attendance and/or production, and you didn't attend or produce to the required amount, they can take away your bonus. If you think you were owed a bonus but didn't get it, include that in your wage claim to the DOL. >This has caused stress. I'm sure. Not sure what you want to do about it. Jobs can be stressful. Nothing you've said here gives you a way of suing your employer.
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POST: Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
RESPONSE A: If you're being paid more than you agreed with the employer on how much you'd be paid, the employer can request the excess be paid back, and has several options at their disposal to *force* the payback of the excess if you refuse. It's in your best interests to be proactive about ensuring that what you're *actually* being paid is congruent with what you and your employer *agreed* you'd be paid. In other words, you don't *have* to do anything, but not doing anything will probably only complicate your life in the future. Don't create problems for future-you -- be kind to future-you.
RESPONSE B: If you have property that rightfully belongs to them, which is the 10% extra, then yes they can require you to give them their property back.
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B
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POST: Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
RESPONSE A: They 100% can make you repay that money back when (not if) they discover the error.
RESPONSE B: If you're being paid more than you agreed with the employer on how much you'd be paid, the employer can request the excess be paid back, and has several options at their disposal to *force* the payback of the excess if you refuse. It's in your best interests to be proactive about ensuring that what you're *actually* being paid is congruent with what you and your employer *agreed* you'd be paid. In other words, you don't *have* to do anything, but not doing anything will probably only complicate your life in the future. Don't create problems for future-you -- be kind to future-you.
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POST: Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
RESPONSE A: The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
RESPONSE B: Imagine if the situation was reversed and you were underpaid. You’d contact them for the money and expect a check right? They can figure it out and do the same. Depends where this is how they can recover it (straight from check/consent/ how much) and how long they have to figure this out. But many places this is measured in years. It’s not criminal, but assuming us you’re most likely at will and they can decide to fire you
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POST: Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
RESPONSE A: The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
RESPONSE B: Confirm on paystub; it could be statutory taxes are lower and you are getting more take home pay. If you are being overpaid you need to bring it to their attention. It’s the right thing to do.
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B
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POST: Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
RESPONSE A: If you have property that rightfully belongs to them, which is the 10% extra, then yes they can require you to give them their property back.
RESPONSE B: The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
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POST: go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
RESPONSE A: Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
RESPONSE B: Definitley speak to a lawyer and dont feel shitty about your partner helping you, he wants to.
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POST: know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
RESPONSE A: Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
RESPONSE B: The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
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POST: after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
RESPONSE A: Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
RESPONSE B: Did you confirm whether it was the state of Michigan’s fault or did your bank confuse you with another customer of theirs?
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POST: wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
RESPONSE A: My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
RESPONSE B: Take it to your congressperson and make a stink.
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POST: sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
RESPONSE A: The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
RESPONSE B: My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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POST: ing our transaction so to put her account into the negatives so it can charge her extra overdraft. Are there any recourse for this? Can they close her account or will they charge us a lot in overdraft(and close our account)? I have no experience with American banking so this is completely new to me.
RESPONSE A: $10,000 is the AML Threshold. Any foreign transaction of $10k triggers AML review, so I'm not surprised that the deposit was held up. I think for you to have a cause of action you'd need to prove that the bank either misrepresented to you that the funds were available, and then later penalized you, or that WF knew of both the deposit and withdrawal, both were approved, and then purposefully processed them in that order. My two cents is that is a high bar to overcome, but the only way you could genuinely know is by contacting a lawyer in your wife's jurisdiction, telling him or her the specific facts, and getting an opinion. No one on the internet can give you a definitive answer. Practical advice - call them up, explain the situation, and ask for grace on the overdraft fees. Be polite. I have no knowledge of HK banking laws or regulations so can't even begin to help answer on that side.
RESPONSE B: I am not a lawyer, but previously trained in Federal Anti-Fraud and Anti-Money Laundering Laws through a previous employer. The issue is due to the large deposit ($10,000) from an overseas bank account. Federal Anti-Money Laundering and Anti-Fraud Laws require the banks to flag and hold any deposits above a certain threshold, or to flag any unusual deposits for review. This process MUST be completed before the funds are released by Federal Law. This process can take up to 10 days to complete. If your spouse attempted to make the purchase before the funds were released (pending deposits would fall under this, depending on your bank) then you would either incur an overdraft fee OR the transaction would be declined. In the end, Wells Fargo will only charge a $35 overdraft fee per transaction (if I read their TOS correctly), and will allow a maximum of 3 overdraft transactions per day.
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POST: . I understood going in that I might have to wait for a clearing period, etc. She refused to provide me with any documents showing why, even after calling the trust that issued the check and verifying its authenticity. The branch manager simply said, we don't have to honor any cashier's check for a non-customer, and asked me if I needed anything else, and showed me the door. What are my best options at this time?
RESPONSE A: I've seen some people recommending you to open and close an account with Wells. Not good advice. Then they will tell you that the check has to be deposited, and even though it's a wells fargo cashier's check, it will put a hold on it since it's a new account. Compliance set in place to make sure people don't do this exact same thing. My recommendation is for you to go to another wells fargo branch, preferably one that is in a business district. Truth be told, they probably didn't have that much cash to give you at that moment. You may have to place an order with them, and wait for their shipment to arrive to cash the check. Another option you have, is to deposit it in your bank. I saw that you mentioned your account being linked to S-corp or something. Then I would open a personal account with your bank. Even if you take it to Wells Fargo, that check will be on record because it's on your name. No getting around the paper work, taxable or non-taxable.
RESPONSE B: >even after calling the trust that issued the check I don't think that a bank legally HAS to give cash for one of their cashier's checks, but I think that they usually do. I suppose their policy on that might depend on the amount of the check/cash. https://www.federalreserve.gov/pubs/regcc/regcc.htm But what do you mean that someone called "the trust that issued the check "? Who called and what is "the trust that issued the check". If you are not at the bank that issued the cashier's check, then they are most definitely NOT going to give you cash for it.
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POST: Wells Fargo refuses to honor a cashier's check drawn up by their bank because I am not a customer. Pretty much that simple. I wanted cash out the on a valid cashier's check, I did not want to transfer the money. The check is for a large amount, but less money than it takes to buy a decent Jeep, which is what I'm going to be using the cash to buy. I understood going in that I might have to wait for a clearing period, etc. She refused to provide me with any documents showing why, even after calling the trust that issued the check and verifying its authenticity. The branch manager simply said, we don't have to honor any cashier's check for a non-customer, and asked me if I needed anything else, and showed me the door. What are my best options at this time?
RESPONSE A: You might check to see if you already have an account with them that you don't know about...
RESPONSE B: This is pretty normal and I've had it happen myself. I deposited the check in my normal bank account - problem solved. This is also true of numerous money order places. They issue money orders but will not cash them - you have to deposit them in your bank. If I am selling something and the person wants to pay by money order, they must give me a US Postal Money Order so I can cash it... well, cash it when the post office actually has the money on hand but that's a whole other rant.
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POST: My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
RESPONSE A: If you have proof you need to go to the cops, that's the only way to get him arrested. If you're nervous there are various victim resources you can access depending on location. I'm sorry that you have to face this and i understand you're scared but the authorities are the answer here. Also as a matter of personal advice if at all possible see a therapist, if you're in college there are campus resources usually.
RESPONSE B: Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
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POST: My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
RESPONSE A: Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
RESPONSE B: I am not a lawyer however a quick search suggests statute of limitations on child sexual abuse is 35 years, so based on that you still have a case here. I also suggest you call police, and also back-up and protect your evidence, and stand your ground here because you're potentially saving a child from a life of torment. I also suggest (as another poster here has) that you contact some support services and talk through everything that you've kept to yourself, this could get really tough Source: https://www.mass.gov/info-details/massachusetts-law-about-statutes-of-limitations-in-civil-sexual-abuse-cases
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POST: My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
RESPONSE A: Call the police
RESPONSE B: Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
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POST: My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
RESPONSE A: Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
RESPONSE B: IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
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POST: My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
RESPONSE A: If you have proof you need to go to the cops, that's the only way to get him arrested. If you're nervous there are various victim resources you can access depending on location. I'm sorry that you have to face this and i understand you're scared but the authorities are the answer here. Also as a matter of personal advice if at all possible see a therapist, if you're in college there are campus resources usually.
RESPONSE B: IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
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POST: IN hey, uh, tough question to talk about. I was sexually abused by my older sister when she was 12 and I was 8. I asked her to pay for counseling but she refused. Although just do have her confessions in text format. I need help, I feel awful that she hates me but I can't pay for it...
RESPONSE A: She was 12, she will in no way be responsible for your therapy or to be liable to pay you any damages. You're going to have to accept that she was also a very young minor during this that made a mistake.
RESPONSE B: What kind of text format? Handwritten letter, email, text message on a phone?
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POST: IN hey, uh, tough question to talk about. I was sexually abused by my older sister when she was 12 and I was 8. I asked her to pay for counseling but she refused. Although just do have her confessions in text format. I need help, I feel awful that she hates me but I can't pay for it...
RESPONSE A: What kind of text format? Handwritten letter, email, text message on a phone?
RESPONSE B: Talk to RAINN. There are likely some resources out there for you.
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POST: terminated for alleged sexual harassment and claims to have been sexually assaulted one night downtown. Although she is very vocal about the latter, she has never done anything about it. The mediation has now passed. She managed to receive a large amount of money from my employer for failing to perform an adequate investigation. Of which I suffered for as well. If protocol was followed properly, I would not be in this situation and therefore I am a victim of their incompetence as well. When she asked me for a ridiculous sum of money I declined and was willing to take the claim to a hearing against my lawyer's judgement as that would prolong everything and ultimately be more expensive and draining. However, upon being presented with all of the evidence I possessed against her, she instead chose to take the money my employer granted her and settle the matter globally. I felt it is against my principles to give her any amount of money for something I did not do and was willing to spend thousands more than that would have costed me. My lawyer speculated that she used me as a scapegoat to get to my employer through the HRTO as this is a free medium that even supplies the complainant with a lawyer. Were she to go through the proper channels for employee/employer infractions, it would have costed her money and there is a potential of loss. She is attending a law program next year and needs the money for tuition and residency. My question is: do I have any recourse whatsoever for the year of depression, stress, cost, and other damages this blatantly false claim has caused me? My reputation at work has been damaged through the word of her friends that still work there. Further my potential career path, one that works with children that I spent years of schooling for, was threatened. I feel wronged and left behind by a law system that allowed this to happen. Thank you so much in advance for any assistance whatsoever.
RESPONSE A: r/legaladvicecanada
RESPONSE B: There is always a defamation action. Of course, you'd need to speak in depth with a lawyer to review you situation, the evidence you'd be able to present, and your potential damages, to see if this course of action would be advisable.
Which response is better? RESPONSE
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