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POST: My ex wife’s boyfriend showers with my six year old son. Is this even legal? I talked to a cps caseworker who highly advised that I file a report. It bothers me that my ex wife thinks that this is okay. Is there a law or statute against this? I need some advice
RESPONSE A: Make a CPS report ASAP
RESPONSE B: Without a location it's impossible to state for certain but I previously prosecuted a similar case here in NY so odds are good it would be considered abuse in your state as well. Call CPS and file a report immediately.
Which response is better? RESPONSE
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B
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POST: AT&T told me they needed to run a new line for my internet. They sent out a 3rd party company to install the new line and the company cut an underground wire going to my detached garage. No longer have power. AT&T refuses to take fault. 3rd party company out of business? I’ll start by saying this happened a couple years ago, but I’m still without power. I wanted faster internet so I called at&t. They said they will need to run a new line. I agreed. They sold a “call before you dig” company to come and survey before they dig. 3rd party company hired by at&t come out and they install the line, but they cut the line going to my detached garage and no we have no power. We didn’t notice till the following morning. We call at&t and they literally kept hanging up in our faces after telling us we need to call the 3rd party company. 3rd party company NEVER answers their phone. Left multiple messages. Hired a lawyer who sent multiple letters over the course of 6 months. He says taking it to court is a waste of time and money and the company is too small to afford to pay. I got 2 quotes to repair the wire at around $4,000. Is there anything I can do?
RESPONSE A: What did your home owner's insurance say?
RESPONSE B: AT&T has a third party claims service that covers both their contractors and employees work. Any request has to go through them before any type of payout. That’s your first move
Which response is better? RESPONSE
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A
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POST: AT&T told me they needed to run a new line for my internet. They sent out a 3rd party company to install the new line and the company cut an underground wire going to my detached garage. No longer have power. AT&T refuses to take fault. 3rd party company out of business? I’ll start by saying this happened a couple years ago, but I’m still without power. I wanted faster internet so I called at&t. They said they will need to run a new line. I agreed. They sold a “call before you dig” company to come and survey before they dig. 3rd party company hired by at&t come out and they install the line, but they cut the line going to my detached garage and no we have no power. We didn’t notice till the following morning. We call at&t and they literally kept hanging up in our faces after telling us we need to call the 3rd party company. 3rd party company NEVER answers their phone. Left multiple messages. Hired a lawyer who sent multiple letters over the course of 6 months. He says taking it to court is a waste of time and money and the company is too small to afford to pay. I got 2 quotes to repair the wire at around $4,000. Is there anything I can do?
RESPONSE A: AT&T has a third party claims service that covers both their contractors and employees work. Any request has to go through them before any type of payout. That’s your first move
RESPONSE B: When you agreed to the new line with AT&T, did you sign any kind of contract? You will want to view your contract and look for something like "This agreement may not be assigned" meaning AT&T can't just pass the buck to a 3rd party company in cases like these. I'd assume tho any contract given to you by AT&T is cooked 100% in their favor so you might be screwed. Depending on your contract, you may have agreed to indemnify AT&T in the case of a 3rd party screw-up.
Which response is better? RESPONSE
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A
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POST: AT&T told me they needed to run a new line for my internet. They sent out a 3rd party company to install the new line and the company cut an underground wire going to my detached garage. No longer have power. AT&T refuses to take fault. 3rd party company out of business? I’ll start by saying this happened a couple years ago, but I’m still without power. I wanted faster internet so I called at&t. They said they will need to run a new line. I agreed. They sold a “call before you dig” company to come and survey before they dig. 3rd party company hired by at&t come out and they install the line, but they cut the line going to my detached garage and no we have no power. We didn’t notice till the following morning. We call at&t and they literally kept hanging up in our faces after telling us we need to call the 3rd party company. 3rd party company NEVER answers their phone. Left multiple messages. Hired a lawyer who sent multiple letters over the course of 6 months. He says taking it to court is a waste of time and money and the company is too small to afford to pay. I got 2 quotes to repair the wire at around $4,000. Is there anything I can do?
RESPONSE A: Why the hell did you wait "a couple of years" to address this?
RESPONSE B: > They sold a “call before you dig” company to come and survey before they dig. This might the most important point here. Did the survey company mark the line to the garage properly? If not, it could be THEIR fault, but only if the line to the garage was up to code and a permit had been filed when it was placed.
Which response is better? RESPONSE
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A
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POST: AT&T told me they needed to run a new line for my internet. They sent out a 3rd party company to install the new line and the company cut an underground wire going to my detached garage. No longer have power. AT&T refuses to take fault. 3rd party company out of business? I’ll start by saying this happened a couple years ago, but I’m still without power. I wanted faster internet so I called at&t. They said they will need to run a new line. I agreed. They sold a “call before you dig” company to come and survey before they dig. 3rd party company hired by at&t come out and they install the line, but they cut the line going to my detached garage and no we have no power. We didn’t notice till the following morning. We call at&t and they literally kept hanging up in our faces after telling us we need to call the 3rd party company. 3rd party company NEVER answers their phone. Left multiple messages. Hired a lawyer who sent multiple letters over the course of 6 months. He says taking it to court is a waste of time and money and the company is too small to afford to pay. I got 2 quotes to repair the wire at around $4,000. Is there anything I can do?
RESPONSE A: Why the hell did you wait "a couple of years" to address this?
RESPONSE B: Was the broken underground line done to code, and did the dial before you dig outfit locate it correctly?
Which response is better? RESPONSE
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A
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POST: AT&T told me they needed to run a new line for my internet. They sent out a 3rd party company to install the new line and the company cut an underground wire going to my detached garage. No longer have power. AT&T refuses to take fault. 3rd party company out of business? I’ll start by saying this happened a couple years ago, but I’m still without power. I wanted faster internet so I called at&t. They said they will need to run a new line. I agreed. They sold a “call before you dig” company to come and survey before they dig. 3rd party company hired by at&t come out and they install the line, but they cut the line going to my detached garage and no we have no power. We didn’t notice till the following morning. We call at&t and they literally kept hanging up in our faces after telling us we need to call the 3rd party company. 3rd party company NEVER answers their phone. Left multiple messages. Hired a lawyer who sent multiple letters over the course of 6 months. He says taking it to court is a waste of time and money and the company is too small to afford to pay. I got 2 quotes to repair the wire at around $4,000. Is there anything I can do?
RESPONSE A: Why the hell did you wait "a couple of years" to address this?
RESPONSE B: obligatory I am not a lawyer Most utilities, and likely AT&T as well, have verbiage built into their agreements regarding privately owned "obstacles" of which the line to your garage would be one. If you did not mark it clearly prior to the install AT&T is likely not liable per the agreement. Would need to check the agreement for this verbiage. Call before you dig companies will only mark publicly owned utilities. Things like lines to garages, septic or sprinkler systems, LP lines, etc are up to the property owners.
Which response is better? RESPONSE
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A
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POST: weather, my unfamiliarity with the area I was driving, and speed on my part caused me to be at fault for a car accident. I ended up rear ending a woman (my car = 2008 Honda Civic, her car = 2014 Ford Expedition) at 35MPH on a 25MPH road (she was moving about 10-15MPH at the time of the rear-ending). My car was totaled, her car needed barely $2,500 worth of repairs. This woman has racked up what amounts to something on the order of $25,000 worth of medical bills. This spans chiropractic appointments, to home and Dr. office based physical therapy, etc. Her medical insurance has covered all of this at this point. Last week my insurance company reached a verbal agreement with her and her lawyer for $40,000 She is now refusing the money from the insurance company, she is demanding that the money come from me personally, she thinks that this will help me “learn my lesson.” My insurance company shared with me a letter she wrote them...a 12-page front and back...what I am calling manifesto. (no, I am not posting it here) I would also like to point out that she’s 24 years old and the letter makes it sound like she’s an 84-year-old woman on her deathbed with all her listed “ailments.” I am not trying to diminish whatever pain she’s in or think she’s in but...come on right? So does she have any legal standing on her demand that I pay vs. my insurance pay her?
RESPONSE A: >She is now refusing the money from the insurance company, she is demanding that the money come from me personally, she thinks that this will help me “learn my lesson.” Get yourself a can of bug spray and some lube, so the off she can fuck will always be there when she needs it. Your insurance company probably sent you the letter for its comedic value, or perhaps in the desperate hopes that you'd feel bad enough to pay what is clearly their obligation. You are in no way required to send this person a cent.
RESPONSE B: Ask the insurance company to send a copy of her manifesto to her lawyer. Hopefully her lawyer will straighten her out.
Which response is better? RESPONSE
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B
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POST: weather, my unfamiliarity with the area I was driving, and speed on my part caused me to be at fault for a car accident. I ended up rear ending a woman (my car = 2008 Honda Civic, her car = 2014 Ford Expedition) at 35MPH on a 25MPH road (she was moving about 10-15MPH at the time of the rear-ending). My car was totaled, her car needed barely $2,500 worth of repairs. This woman has racked up what amounts to something on the order of $25,000 worth of medical bills. This spans chiropractic appointments, to home and Dr. office based physical therapy, etc. Her medical insurance has covered all of this at this point. Last week my insurance company reached a verbal agreement with her and her lawyer for $40,000 She is now refusing the money from the insurance company, she is demanding that the money come from me personally, she thinks that this will help me “learn my lesson.” My insurance company shared with me a letter she wrote them...a 12-page front and back...what I am calling manifesto. (no, I am not posting it here) I would also like to point out that she’s 24 years old and the letter makes it sound like she’s an 84-year-old woman on her deathbed with all her listed “ailments.” I am not trying to diminish whatever pain she’s in or think she’s in but...come on right? So does she have any legal standing on her demand that I pay vs. my insurance pay her?
RESPONSE A: Once the case is all settled you should redact the personal information and post the letter. I'd love a good laugh.
RESPONSE B: A very similar issue occurred Recently in the US (can't recall where). A driver lost control of his vehicle and crashed into a fence on private property. The driver accepted full responsibility for the accident, and offered to pay for the repairs of the fence and lawn, an amount over and above the cost of the contractors quotes. The owner of the fence declined it and decided to sue for an amount way above repair costs. The judge tossed the case because the property owner had offered a reasonable and full settlement. In the end the property owner was stuck with the repair costs.
Which response is better? RESPONSE
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B
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POST: based physical therapy, etc. Her medical insurance has covered all of this at this point. Last week my insurance company reached a verbal agreement with her and her lawyer for $40,000 She is now refusing the money from the insurance company, she is demanding that the money come from me personally, she thinks that this will help me “learn my lesson.” My insurance company shared with me a letter she wrote them...a 12-page front and back...what I am calling manifesto. (no, I am not posting it here) I would also like to point out that she’s 24 years old and the letter makes it sound like she’s an 84-year-old woman on her deathbed with all her listed “ailments.” I am not trying to diminish whatever pain she’s in or think she’s in but...come on right? So does she have any legal standing on her demand that I pay vs. my insurance pay her?
RESPONSE A: My god this is bizarre. If one of our clients ever did something like this, we'd like be like "lol you'll change your tune" and if they never did, we'd probably try six ways from Sunday to change their minds, but if they never did, we'd likely call the state bar, see what they thought, then drop them as a client with this long-winded letter as to how they violated our contract of representation by being uncooperative. Your insurance company's counsel will handle this no sweat. If they settle and she accepts, they've had to sign a limited liability release, and they can't sue ever again for that particular accident and anything that happened as a result thereof.
RESPONSE B: A very similar issue occurred Recently in the US (can't recall where). A driver lost control of his vehicle and crashed into a fence on private property. The driver accepted full responsibility for the accident, and offered to pay for the repairs of the fence and lawn, an amount over and above the cost of the contractors quotes. The owner of the fence declined it and decided to sue for an amount way above repair costs. The judge tossed the case because the property owner had offered a reasonable and full settlement. In the end the property owner was stuck with the repair costs.
Which response is better? RESPONSE
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B
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POST: I was driving, and speed on my part caused me to be at fault for a car accident. I ended up rear ending a woman (my car = 2008 Honda Civic, her car = 2014 Ford Expedition) at 35MPH on a 25MPH road (she was moving about 10-15MPH at the time of the rear-ending). My car was totaled, her car needed barely $2,500 worth of repairs. This woman has racked up what amounts to something on the order of $25,000 worth of medical bills. This spans chiropractic appointments, to home and Dr. office based physical therapy, etc. Her medical insurance has covered all of this at this point. Last week my insurance company reached a verbal agreement with her and her lawyer for $40,000 She is now refusing the money from the insurance company, she is demanding that the money come from me personally, she thinks that this will help me “learn my lesson.” My insurance company shared with me a letter she wrote them...a 12-page front and back...what I am calling manifesto. (no, I am not posting it here) I would also like to point out that she’s 24 years old and the letter makes it sound like she’s an 84-year-old woman on her deathbed with all her listed “ailments.” I am not trying to diminish whatever pain she’s in or think she’s in but...come on right? So does she have any legal standing on her demand that I pay vs. my insurance pay her?
RESPONSE A: It would make my day to be able to read that 12 page letter. People who don't understand the law writing demand letters make for some of the best reading.
RESPONSE B: A very similar issue occurred Recently in the US (can't recall where). A driver lost control of his vehicle and crashed into a fence on private property. The driver accepted full responsibility for the accident, and offered to pay for the repairs of the fence and lawn, an amount over and above the cost of the contractors quotes. The owner of the fence declined it and decided to sue for an amount way above repair costs. The judge tossed the case because the property owner had offered a reasonable and full settlement. In the end the property owner was stuck with the repair costs.
Which response is better? RESPONSE
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B
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POST: physical therapy, etc. Her medical insurance has covered all of this at this point. Last week my insurance company reached a verbal agreement with her and her lawyer for $40,000 She is now refusing the money from the insurance company, she is demanding that the money come from me personally, she thinks that this will help me “learn my lesson.” My insurance company shared with me a letter she wrote them...a 12-page front and back...what I am calling manifesto. (no, I am not posting it here) I would also like to point out that she’s 24 years old and the letter makes it sound like she’s an 84-year-old woman on her deathbed with all her listed “ailments.” I am not trying to diminish whatever pain she’s in or think she’s in but...come on right? So does she have any legal standing on her demand that I pay vs. my insurance pay her?
RESPONSE A: This is insane. Why would someone so young refuse a huge chunk of money in the first place, but why would she expect she could ever get it from you? She could have almost effortlessly cash a check and have $40,000 in her bank account at 24 years old but she would rather try to pursue a judgement for someone that probably can't pay it quickly in any way. I would gladly get in a minor car wreck and go to the chiropractor and get half that amount of money. My point being, mental illness. While the law and your insurance company have things covered on your side, I would watch out. I wouldn't worry too much but I wouldn't forget about this lady. A crazy person has your contact information and thinks you owe her $40,000.
RESPONSE B: A very similar issue occurred Recently in the US (can't recall where). A driver lost control of his vehicle and crashed into a fence on private property. The driver accepted full responsibility for the accident, and offered to pay for the repairs of the fence and lawn, an amount over and above the cost of the contractors quotes. The owner of the fence declined it and decided to sue for an amount way above repair costs. The judge tossed the case because the property owner had offered a reasonable and full settlement. In the end the property owner was stuck with the repair costs.
Which response is better? RESPONSE
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A
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POST: has had three seizures so far. He needs his medicine. He is refusing to eat because he has an issue with consistency. He doesn’t seem to know what is going on and he has admitted to things he couldn’t possibly ever have done. He keeps fighting people who try to touch him. I talked to the store and offered to pay them for the items but they said this wasn’t there doing. It was the police because he resisted and swung at the officers. He is obviously ID. I am not sure how they could talk to him and not know. He can’t write his name. He can’t spell it. He rocks back and forth all the time and speaks to himself. One of the country jail staff seems sympathetic because they help me with getting information and call me when he has a seizure but there is only so much they can do. They just call a tech every time he has a seizure who checks his blood pressure and breathing after and apparently doesn’t see any issue with any of this. He gets asked if he is okay and he says “okay” but he just repeats what people say. It is pretty much what he does other than when he demands things like I a particular food. I am scared another inmate will notice and take advantage of him. I feel awful that I wasn’t looking and he wandered off. This is my fault. What do I do? Obviously he shouldn’t steal things but he doesn’t actually know you shouldn’t. They can’t take a confession from him right? Since he just says what people want him to say? Would a lawyer be able to get him medication? If someone asks him if he is guilty he will say whatever they want him to say. He does that. He repeats and loves to people please. He isn’t even his own guardian. I am. I have no idea what I am doing.
RESPONSE A: I'd try calling Alabama Adult Protective Services at 800-458-7214 to see if they could help today.
RESPONSE B: This is an awful situation that's absolutely not your fault. Does he have a social worker or case worker?
Which response is better? RESPONSE
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A
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POST: does other than when he demands things like I a particular food. I am scared another inmate will notice and take advantage of him. I feel awful that I wasn’t looking and he wandered off. This is my fault. What do I do? Obviously he shouldn’t steal things but he doesn’t actually know you shouldn’t. They can’t take a confession from him right? Since he just says what people want him to say? Would a lawyer be able to get him medication? If someone asks him if he is guilty he will say whatever they want him to say. He does that. He repeats and loves to people please. He isn’t even his own guardian. I am. I have no idea what I am doing.
RESPONSE A: You’ve stated that you’ve been in touch with jail officials and they’ve been responsive, but I suggest put your concerns IN WRITING to the warden / whoever the higher ups at the jail are ASAP, and in your communication you should note specifically that his health and safety are AT RISK - that he risks serious injury and/or death without his medication. God forbid something happens and you need to sue at some point in the future to cover additional costs of care, “actual knowledge” on part of the jail supervisors will be a critical element in proving a claim. Hopefully this situation can be resolved without incident, but you want to protect your brother in the worst case that his health suffers because the jail failed to treat him appropriately during his stay.
RESPONSE B: Not a lawyer. Have you contacted the DA’s office? I would gather up all the documentation you have about his disability and give it to them. It doesn’t sound like your brother has a lawyer yet, but if he does they may be able to negotiate with the ADA and get him out of jail. It’s going to depend on who the ADA is in charge of the case, but they probably have no idea of your brother’s disability and might agree to a non-jail sentence once they know. If your brother qualifies for a public defender go to his arraignment and talk to them on his behalf.
Which response is better? RESPONSE
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A
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POST: he says “okay” but he just repeats what people say. It is pretty much what he does other than when he demands things like I a particular food. I am scared another inmate will notice and take advantage of him. I feel awful that I wasn’t looking and he wandered off. This is my fault. What do I do? Obviously he shouldn’t steal things but he doesn’t actually know you shouldn’t. They can’t take a confession from him right? Since he just says what people want him to say? Would a lawyer be able to get him medication? If someone asks him if he is guilty he will say whatever they want him to say. He does that. He repeats and loves to people please. He isn’t even his own guardian. I am. I have no idea what I am doing.
RESPONSE A: You’ve stated that you’ve been in touch with jail officials and they’ve been responsive, but I suggest put your concerns IN WRITING to the warden / whoever the higher ups at the jail are ASAP, and in your communication you should note specifically that his health and safety are AT RISK - that he risks serious injury and/or death without his medication. God forbid something happens and you need to sue at some point in the future to cover additional costs of care, “actual knowledge” on part of the jail supervisors will be a critical element in proving a claim. Hopefully this situation can be resolved without incident, but you want to protect your brother in the worst case that his health suffers because the jail failed to treat him appropriately during his stay.
RESPONSE B: Based on what you are saying he should have been in special education classes and have had an IEP (individualized education plan) document that describes him and shows eligibility for special ed based on testing. It should list his autism and intellectual disability. Find that if you can, it will help you prove he needs special consideration. He likely just aged out of school-based services recently, in most states they go until age 21 or 22. It will also list that he has seizures. If you are having trouble getting medical records on short notice, the IEP may help.
Which response is better? RESPONSE
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B
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POST: swung at the officers. He is obviously ID. I am not sure how they could talk to him and not know. He can’t write his name. He can’t spell it. He rocks back and forth all the time and speaks to himself. One of the country jail staff seems sympathetic because they help me with getting information and call me when he has a seizure but there is only so much they can do. They just call a tech every time he has a seizure who checks his blood pressure and breathing after and apparently doesn’t see any issue with any of this. He gets asked if he is okay and he says “okay” but he just repeats what people say. It is pretty much what he does other than when he demands things like I a particular food. I am scared another inmate will notice and take advantage of him. I feel awful that I wasn’t looking and he wandered off. This is my fault. What do I do? Obviously he shouldn’t steal things but he doesn’t actually know you shouldn’t. They can’t take a confession from him right? Since he just says what people want him to say? Would a lawyer be able to get him medication? If someone asks him if he is guilty he will say whatever they want him to say. He does that. He repeats and loves to people please. He isn’t even his own guardian. I am. I have no idea what I am doing.
RESPONSE A: Based on what you are saying he should have been in special education classes and have had an IEP (individualized education plan) document that describes him and shows eligibility for special ed based on testing. It should list his autism and intellectual disability. Find that if you can, it will help you prove he needs special consideration. He likely just aged out of school-based services recently, in most states they go until age 21 or 22. It will also list that he has seizures. If you are having trouble getting medical records on short notice, the IEP may help.
RESPONSE B: Will his doctor call the jail today and speak to the medical staff? Sometimes 'professional-to-professional' communications are taken more seriously.
Which response is better? RESPONSE
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A
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POST: when he demands things like I a particular food. I am scared another inmate will notice and take advantage of him. I feel awful that I wasn’t looking and he wandered off. This is my fault. What do I do? Obviously he shouldn’t steal things but he doesn’t actually know you shouldn’t. They can’t take a confession from him right? Since he just says what people want him to say? Would a lawyer be able to get him medication? If someone asks him if he is guilty he will say whatever they want him to say. He does that. He repeats and loves to people please. He isn’t even his own guardian. I am. I have no idea what I am doing.
RESPONSE A: I'm a former social worker for ALDHR. You need to find out if there is a court order that states your brother is mentally incompetent of making his own decisions, such as a guardianship or some other court order indicating incompetence. These type of documents are filed through county probate courts. There are some probates that publish this information online. Do you know if your parents had guardianship papers filed on him? If so, he has the right to a public appointed guardian ad litem (GAL) to represent his best interests for these circumstances. A GAL would be able file motions on his behalf for him to receive medical care for his conditions and file motions to get him into a more appropriate facility for treatment and care. I also strongly recommend contacting your county's local DHR office and filing an APS report.
RESPONSE B: Based on what you are saying he should have been in special education classes and have had an IEP (individualized education plan) document that describes him and shows eligibility for special ed based on testing. It should list his autism and intellectual disability. Find that if you can, it will help you prove he needs special consideration. He likely just aged out of school-based services recently, in most states they go until age 21 or 22. It will also list that he has seizures. If you are having trouble getting medical records on short notice, the IEP may help.
Which response is better? RESPONSE
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B
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POST: . The next Monday morning I went to my boss to follow up again on the apprenticeship and ask for a raise. I mentioned the job offer and he flipped. In so many words he told me to go screw myself. Later that day I was in class and I friend of mine sent me a link from Indeed showing a 2 hour old job posting from my company for my exact job at the salary I had just asked. The next day at work I get an email from my boss asking for an update on a particular job and asking me to wrap up all of my jobs by Friday. I immediately go talk with him and ask if he's firing me. He smirks and says 'no, but do you want me to?' At this point I hadn't turned the offer down yet. I just replied with a vague I'll let you know. Over the next week he avoided me and never asked if I had decided to leave. I weighed the benefits of the job offer and the circumstances of the situation and decided to take the job. Upon notifying my boss he told it was my fault, that I would have to pay back everything, and then cut me loose on the spot. Today a received a certified letter which contained a bill for $17k. I have no idea how to respond or what to say. Can I please get some advice on how best to approach this? Thanks reddit! Tldr: boss paid for school, no contract or terms, I left for another job, he sent a bill.
RESPONSE A: Typically employers that offer tuition reimbursement to employees have a written policy or require the employee to sign an agreement requiring them to work at the company for X amount of time upon completion of the program. If they leave before then, they must pay the employer back for the tuition paid. If your former boss had no written agreement, there's no written company policy, and there was never any discussion regarding your obligations to the company in exchange for the tuition reimbursement, it will be nearly impossible for him to argue you owe him the $17,000.
RESPONSE B: If you never agreed to payback the tuition then you don't have to pay it back. Your boss can't unilaterally conjure an obligation from nothing.
Which response is better? RESPONSE
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B
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POST: out to me about interviewing for a potential position. I took the interview for 2 reasons; one was to have a third party valuate me and the other was for interview practice as it may be needed in the future. The interview went well and they gave me an outstanding offer. I really had no intention of taking it but I liked the idea of having it as leverage to ask for a raise after working by myself for 2 years and maintaining the workload. The next Monday morning I went to my boss to follow up again on the apprenticeship and ask for a raise. I mentioned the job offer and he flipped. In so many words he told me to go screw myself. Later that day I was in class and I friend of mine sent me a link from Indeed showing a 2 hour old job posting from my company for my exact job at the salary I had just asked. The next day at work I get an email from my boss asking for an update on a particular job and asking me to wrap up all of my jobs by Friday. I immediately go talk with him and ask if he's firing me. He smirks and says 'no, but do you want me to?' At this point I hadn't turned the offer down yet. I just replied with a vague I'll let you know. Over the next week he avoided me and never asked if I had decided to leave. I weighed the benefits of the job offer and the circumstances of the situation and decided to take the job. Upon notifying my boss he told it was my fault, that I would have to pay back everything, and then cut me loose on the spot. Today a received a certified letter which contained a bill for $17k. I have no idea how to respond or what to say. Can I please get some advice on how best to approach this? Thanks reddit! Tldr: boss paid for school, no contract or terms, I left for another job, he sent a bill.
RESPONSE A: File the bill in the nearest trash can.
RESPONSE B: "Dear former employer: I decline to pay your invoice and return the same to you. I am not indebted to you in any amount. I wish you the best of luck in your future endeavors."
Which response is better? RESPONSE
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A
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POST: booked out with "cleanings"??? and because it's not an emergency. I ask "can't you just call another company to come service it? He says the oil company claims another company touching it will void the warranty. This all comes after a week where landlord raised my rent by 12.5% and accused me of making the electric bill double somehow last month. I had to prove him wrong by buying oulet power meters and presenting him with my results. This whole thing feels like BS to me, but I'm trying to keep my cool. Landlord is old crotchety man who doesn't even shower, he just gets in his jacuzzi every morning. He offered me warm buckets of water from his jacuzzi until it gets fixed. What do i do?
RESPONSE A: Show your landlord this page. https://www.doubledaylaw.com/massachusetts-tenant-law-and-hot-water/ In particular show him the paragraph where it says you can sue for your damages (costs to make the repairs yourself and/or staying at a hotel until fixed) up to three times your monthly rent, plus your attorney fees. You can hire an attorney who will get paid by the landlord. He thinks he won't pay? Well we know what property he owns, it can be liened. He won't win and he won't escape that debt. Also file a complaint with the local health department. Hot water is a sanitary requirement for hand washing, and no, they won't accept a jacuzzi tub of water as a substitute. Call the boiler company yourself and find out if they are really as booked out as they say, because your landlord may be just full of shit. If you don't get anywhere with any of that, keep all your documentation such as texts or emails. Move out and sue him for your expenses to move, because not providing hot water is considered constructive (illegal) eviction in MA.
RESPONSE B: Call the company that the heater was purchased from yourself. He may actually be correct on the warranty thing, if it's true you'll likely have to take a few cold showers. If not confront him.
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POST: Hot water heater broke down. Landlord claiming I have to go without. First off, I'm in MA just outside of Boston. I don't ahve a lease. I'm rent at will. I am roommates with my landlord. I rent a room in his house. Hot water heater(oil) stopped working yesterday. Talked to landlord today. He says he reached out to the oil company he bought the heater from because there's a warranty on it. They say they can't come out right away for that because they're booked out with "cleanings"??? and because it's not an emergency. I ask "can't you just call another company to come service it? He says the oil company claims another company touching it will void the warranty. This all comes after a week where landlord raised my rent by 12.5% and accused me of making the electric bill double somehow last month. I had to prove him wrong by buying oulet power meters and presenting him with my results. This whole thing feels like BS to me, but I'm trying to keep my cool. Landlord is old crotchety man who doesn't even shower, he just gets in his jacuzzi every morning. He offered me warm buckets of water from his jacuzzi until it gets fixed. What do i do?
RESPONSE A: MA atty, not yours, not advice. Hot water is a condition of habitability. All rentals, lease or not, have an implied covenant of habitability. I would disagree that your landlord is acting reasonably by waiting for his oil company. He needs to restore hot water as immediately as possible, and he isn't doing so. See c. 185 sec. 14 Notify him in writing of the issue and demand an immediate remedy. Keep a copy. Notify your town board of health, or inspectional services.
RESPONSE B: I would go over your lease contract and see if it states anything about mandatory or priority maintenance and repair. If the issue is seriously effecting your health than I would consult your lawyer for legal advice.
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POST: am therefore required to purchase the $4000 dining plan. I have a condition called esophageal hypersensitivity. If I consume a number of “trigger foods” my esophagus swells and becomes very painful and I cannot swallow. The number one trigger food for me is peppers: bell peppers, jalapeos, hot sauce etc. I have had meetings with our on campus dietician as well as the managers of the dining halls in the past where I expressed my concern that nothing is labeled in the dining halls, menus aren’t made available for students, and most importantly the ingredient lists are not available online either. This is very concerning because I believe this is the only state university in NY that doesn’t provide ingredient lists online for students to easily see. The managers that I have spoken with claimed that they “do not have the resources” to be labeling food in the dining hall. I have had numerous (at least 2 a week) reactions after eating food that wasn’t labeled or after being told by an employee that it didn’t contain said allergen. I feel like this is a huge liability and I am concerned about other students dining here with anaphylactic allergies. My main question here is, would it be worth it to seek out a lawyer and take some sort of legal action that would force the institution to label foods and provide ingredient lists for students? Are they breaking any laws by doing this? Any help would be great, thanks in advance!
RESPONSE A: My advice would be to follow the food chain (no pun intended). First, find some labels from other SUNY campuses. Then make an appointment to see VP, Food Service or Dean of student Life, etc. Show them the examples from other campuses and explain your situation.
RESPONSE B: > The managers that I have spoken with claimed that they “do not have the resources” to be labeling food in the dining hall. Horse. Shit. Go to your dean of students and explain this problem to them. There's no goddamn reason a school in 2018 can't do this and you're absolutely correct on the liability issues. Especially if you're having reactions after being told by staff something doesn't contain an allergen.
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POST: [New York] My state university’s dining hall refuses to label food and I have allergies. Can I take legal action? I have been living on campus at my state university for 2 years and I am therefore required to purchase the $4000 dining plan. I have a condition called esophageal hypersensitivity. If I consume a number of “trigger foods” my esophagus swells and becomes very painful and I cannot swallow. The number one trigger food for me is peppers: bell peppers, jalapeos, hot sauce etc. I have had meetings with our on campus dietician as well as the managers of the dining halls in the past where I expressed my concern that nothing is labeled in the dining halls, menus aren’t made available for students, and most importantly the ingredient lists are not available online either. This is very concerning because I believe this is the only state university in NY that doesn’t provide ingredient lists online for students to easily see. The managers that I have spoken with claimed that they “do not have the resources” to be labeling food in the dining hall. I have had numerous (at least 2 a week) reactions after eating food that wasn’t labeled or after being told by an employee that it didn’t contain said allergen. I feel like this is a huge liability and I am concerned about other students dining here with anaphylactic allergies. My main question here is, would it be worth it to seek out a lawyer and take some sort of legal action that would force the institution to label foods and provide ingredient lists for students? Are they breaking any laws by doing this? Any help would be great, thanks in advance!
RESPONSE A: Are you required to live on campus?
RESPONSE B: > The managers that I have spoken with claimed that they “do not have the resources” to be labeling food in the dining hall. Horse. Shit. Go to your dean of students and explain this problem to them. There's no goddamn reason a school in 2018 can't do this and you're absolutely correct on the liability issues. Especially if you're having reactions after being told by staff something doesn't contain an allergen.
Which response is better? RESPONSE
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POST: required to purchase the $4000 dining plan. I have a condition called esophageal hypersensitivity. If I consume a number of “trigger foods” my esophagus swells and becomes very painful and I cannot swallow. The number one trigger food for me is peppers: bell peppers, jalapeos, hot sauce etc. I have had meetings with our on campus dietician as well as the managers of the dining halls in the past where I expressed my concern that nothing is labeled in the dining halls, menus aren’t made available for students, and most importantly the ingredient lists are not available online either. This is very concerning because I believe this is the only state university in NY that doesn’t provide ingredient lists online for students to easily see. The managers that I have spoken with claimed that they “do not have the resources” to be labeling food in the dining hall. I have had numerous (at least 2 a week) reactions after eating food that wasn’t labeled or after being told by an employee that it didn’t contain said allergen. I feel like this is a huge liability and I am concerned about other students dining here with anaphylactic allergies. My main question here is, would it be worth it to seek out a lawyer and take some sort of legal action that would force the institution to label foods and provide ingredient lists for students? Are they breaking any laws by doing this? Any help would be great, thanks in advance!
RESPONSE A: You should also check with your students with disabilities office. They might be able to put pressure on the dining halls to provide ingredient lists. Consider approaching university religious groups as well. A Muslim or Jewish student org may have a larger voice to complain about dietary restrictions than just one lone voice. While you are waiting, I would suggest asking one of the dining hall employees for assistance when you go in. I am not saying to settle for doing this, but it is a way for getting food while you are fighting. Lastly, know that the squeeky wheel gets the grease. The more (professionally and politely) annoying you are, the more likely you are to get this fixed. Good luck!
RESPONSE B: Are you required to live on campus?
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POST: [New York] My state university’s dining hall refuses to label food and I have allergies. Can I take legal action? I have been living on campus at my state university for 2 years and I am therefore required to purchase the $4000 dining plan. I have a condition called esophageal hypersensitivity. If I consume a number of “trigger foods” my esophagus swells and becomes very painful and I cannot swallow. The number one trigger food for me is peppers: bell peppers, jalapeos, hot sauce etc. I have had meetings with our on campus dietician as well as the managers of the dining halls in the past where I expressed my concern that nothing is labeled in the dining halls, menus aren’t made available for students, and most importantly the ingredient lists are not available online either. This is very concerning because I believe this is the only state university in NY that doesn’t provide ingredient lists online for students to easily see. The managers that I have spoken with claimed that they “do not have the resources” to be labeling food in the dining hall. I have had numerous (at least 2 a week) reactions after eating food that wasn’t labeled or after being told by an employee that it didn’t contain said allergen. I feel like this is a huge liability and I am concerned about other students dining here with anaphylactic allergies. My main question here is, would it be worth it to seek out a lawyer and take some sort of legal action that would force the institution to label foods and provide ingredient lists for students? Are they breaking any laws by doing this? Any help would be great, thanks in advance!
RESPONSE A: Are you required to live on campus?
RESPONSE B: Also, depending on state and local laws, they may be violating the food code. It may be worth a call to your local health department to submit a complaint.
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POST: dining here with anaphylactic allergies. My main question here is, would it be worth it to seek out a lawyer and take some sort of legal action that would force the institution to label foods and provide ingredient lists for students? Are they breaking any laws by doing this? Any help would be great, thanks in advance!
RESPONSE A: Wow that is insane. Don't have the resources??? At my university they posted the menus online weekly for each cafeteria and on the menu you could click to see the ingredients and potential allergy risks. Since they rotate the same menus anyways, it takes no effort at all to implement this. It took only someone's time to update each week. They have zero excuse.
RESPONSE B: First food allergies are covered under Titles II and III of the Americans with Disabilities Act (ADA); Section 504 of the Rehabilitation Act of 1973 and their implementing regulations. This is Federal law. Here is an overview that you can use. * https://www.foodallergy.org/sites/default/files/migrated-files/file/ada-webinar-slides.pdf First make an appointment with the president of your state university - tomorrow. You will only need a 5 minute appointment. Be very nice and polite. State that you have a fatal food allergy and the school's food venues are not labeling their foods. Hand the president a printed copy of the above link. Thank the president for their time. Your problem will be solved within an hour. My son, also has a fatal allergy to nuts - peanuts in particular. My wife has tenure at two different university systems. This approach will produce instantaneous results. No university president wants to be out of compliance with Federal law, and tangle with the US DoJ over this issue. If this somehow does not create any results - contact the DISABILITY RIGHTS SECTION, CIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE. What you are requesting is not out of the ordinary and is common sense. Whom ever is managing the food venues at the school is out of compliance with their state contracts. Also - if they are not labeling their food, cross contamination will also be an issue.
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POST: have always told her to just feed him what I pack him in his lunch box. I found out while he was there she and others had given him coke, chocolate and ice cream. I have told the family I do not want him eating or drinking junk. He also got given a frozen coke and he drank it. I don't agree with this because he is only 1 and someone also let him taste some red bull. My husband is fighting with me about this because he said it isn't a big deal and I said it is and I specifically told them i don't want him eating crap. I told my husband he won't be going there anymore. My MIL is upset and Is mad at me and told me to grow up. ALSO JUST GOT INFORMED HE PICKED UP AN OLD BURNT OUT CIGARETTE AND STARTED TO CHEW BUT SHE GOT IT OFF HIM "JUST IN TIME" My husband has been abusing me telling me to grow up but I now am considering leaving him. I've told him this and said there's no way I would get custody because I was in the mental ward for 12 DAYS when I was 18 for an EATING DISORDER. He has been sending abusive texts if anyone would like to know about (just ask me to put them in the comments) Can they get in trouble for neglect and would I have a better chance for sole custody? Thanks
RESPONSE A: Keep all the texts and document, document, document. Talk to a family law lawyer (many are available for a variety of prices, or if your income is limited, some work pro bono) about your options.
RESPONSE B: Based on some of the abusive messages I've read in from the other threads you've posted in, I would keep all the messages, find a lawyer and if possible gather things you and your baby would need to leave for awhile, and see if you can't find someone or somewhere safe to be for awhile. Have a friend and police officer accompany you while you do this for safety. I wouldn't suggest mentioning it to your husband if he is nowhere near you.
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POST: out that he sold a van of mine that I left at his house in california. I found this out through a friend of his. My son never told me he sold the van. Now I'm wondering what else he sold. Honestly though, I don't care about the van. I just want my things out of storage. It's everything I own. An entire lifetime's worth of belongings He's currently active duty in the Army. My question is, is there anything I can do? The storage facility already told me that if I don't have the key, my son is the only one that can give permission for them to remove the lock. In order for that to happen, he will have to go into the nearest public storage office, and fill out a form. He will also have to provide identification. Since I can't get him to respond, to send me the key, I doubt I'll be able to get him to do anything else. I'm sorry this is so long, I just don't even know what to think. Not even sure what my options here are.
RESPONSE A: Have you confirmed that he's ok and not not answering your texts because something happened to him or he lost his phone? Perhaps he did sell some of your belongings or perhaps he lost the key and is nervous about telling you either. I'd probably leave him a message to the effect that you understand he may have sold some of your stuff or lost the key and you just want to talk about it. Since the storage locker is in his name, I'm not sure how much could be done legally. Perhaps you could take him to court over it but not sure you'd want to go that route yet.
RESPONSE B: Given that he is on active duty, you might want to first verify that he has even received your messages. He could be in a situation where communication is limited. Don't freak out until you know what's going on. As for the unit itself, it's probably difficult to get access without the help of your son. The company can't just take your word for it, or they could be in legal trouble. Without going to the courts, I'm not sure what can be done.
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POST: Can my son's school prevent him from driving closer to school and parking off campus? (IA) My son's school only allows seniors to drive to school and park on campus. My son is a sophomore. He got his license earlier this year, and purchased a car with summer job earnings. My sister lives two blocks from the school and she said he can drive to her house, park in her driveway and then walk to school. He has been doing this for 4 months with no issues, but today a school administrator apparently saw him parking and getting out, and had him called into the office. They told him he is no longer allowed to do this. They said he can walk from home, ride the bus from home or have a parent drop him off, but he can't try to get around the rule by parking two blocks away from campus. This is tough for us as it's too far for him to walk, the bus is more expensive than the cost of him using his car, and we cannot drive him ourselves. I am wondering if they can legally enforce this? Thanks.
RESPONSE A: > only allows seniors to drive to school and **park on campus**. Then... > My sister lives two blocks from the school and she said he can **drive to her house**. Is her house on the campus? If not, they can go pound sand. If it's legal for him to drive, and he has permission to park where the car is parked, they are full of shit. Remember kids, we're paying people a lot of money to do busybody nonsense. Imagine if that money was rather spent on education and not busybodies. The possibilities. This reeks of an administrator trying to force you to use the bus so you have to pay for it.
RESPONSE B: > the bus is more expensive than the cost of him using his car Why are you having to pay for the bus?
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POST: Can my son's school prevent him from driving closer to school and parking off campus? (IA) My son's school only allows seniors to drive to school and park on campus. My son is a sophomore. He got his license earlier this year, and purchased a car with summer job earnings. My sister lives two blocks from the school and she said he can drive to her house, park in her driveway and then walk to school. He has been doing this for 4 months with no issues, but today a school administrator apparently saw him parking and getting out, and had him called into the office. They told him he is no longer allowed to do this. They said he can walk from home, ride the bus from home or have a parent drop him off, but he can't try to get around the rule by parking two blocks away from campus. This is tough for us as it's too far for him to walk, the bus is more expensive than the cost of him using his car, and we cannot drive him ourselves. I am wondering if they can legally enforce this? Thanks.
RESPONSE A: > the bus is more expensive than the cost of him using his car Why are you having to pay for the bus?
RESPONSE B: > can legally enforce this? Like ticket him or prosecute him? No.
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POST: a school administrator apparently saw him parking and getting out, and had him called into the office. They told him he is no longer allowed to do this. They said he can walk from home, ride the bus from home or have a parent drop him off, but he can't try to get around the rule by parking two blocks away from campus. This is tough for us as it's too far for him to walk, the bus is more expensive than the cost of him using his car, and we cannot drive him ourselves. I am wondering if they can legally enforce this? Thanks.
RESPONSE A: >I am wondering if they can legally enforce this? No, unless they have some rule in their handbook, they most likely cannot do anything. They can't prosecute or ticket him if thats what you are thinking but they may do some school disciplinary action **if it is stated in the student handbook that he cannot park some off campus and walk to school**. I feel like they are doing this more so for money then safety; if the school allows him to park off campus and walk to school they are afraid other students will follow suit and parking revenue will drop.
RESPONSE B: Yes, schools can impose school-based discipline on students for violating school rules, even if the rules occur off-campus and not during the school day if the regulated behavior has some effect on the school. And, the rule doesn't need to be so narrowly tailored that it only reaches those behaviors that actually have an effect on the school. So, the school can regulate student behavior on Facebook, because there can be a lot of bullying on Facebook, and the bullying can easily affect the school day. And, those regulations can reach behaviors that don't actually affect the school day. Parking is similar. Schools can say "You cannot drive to the neighborhood surrounding the school between an hour before school starts and when school lets out." It's an easy rule for them to enforce, and they are not required to make it harder to administer by drawing all sorts of exceptions ("unless your aunt lives there and gives you written notarized permission.") (Note: from your description, it's not at all clear that this is an actual rule; sounds a bit like an administrator on a power trip.)
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POST: I'm a parent of a 11 year old son. My son returns from school at 4 PM. I reach home around 5 PM. He's alone at home during this gap. Usually watching TV strictly inside home. Is it reasonable to allow him 1 hour unsupervised or shall I must hire a babysitter? Would it remotely be child negligent? P.S. I am from Arizona, US.
RESPONSE A: I don't think it's an issue. This is assuming there are no inherent dangers (chemicals, loaded firearms, incendiaries, wild animals, etc.) immediately available. But that won't stop a concerned citizen from calling CPS if they feel it's negligent, or a CPS agent from investigating.
RESPONSE B: Az doesn't appear to have an age. So it depends on your child's developmental age. Is he able to do the following: * dial 911 when Appropriate * go to a neighbor for help * call you for help Does he know the following: * don't play with oven, fire, microwave, knives * doesn't answer the door for strangers/anyone * no unsafe guns or easily accessible alcohol * he has no medical it mental health diagnosis So if you think he can be safe home alone, go for it. Have a safety talk with him frequently.
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POST: I'm a parent of a 11 year old son. My son returns from school at 4 PM. I reach home around 5 PM. He's alone at home during this gap. Usually watching TV strictly inside home. Is it reasonable to allow him 1 hour unsupervised or shall I must hire a babysitter? Would it remotely be child negligent? P.S. I am from Arizona, US.
RESPONSE A: In AZ, there's no specific age that a child must be to be left unsupervised. It appears to be something handled on a case by case basis; if your child is responsible it shouldn't be an issue. I'd recommend they have a cell phone, and know what to do in the case of some basic emergency situations.
RESPONSE B: Az doesn't appear to have an age. So it depends on your child's developmental age. Is he able to do the following: * dial 911 when Appropriate * go to a neighbor for help * call you for help Does he know the following: * don't play with oven, fire, microwave, knives * doesn't answer the door for strangers/anyone * no unsafe guns or easily accessible alcohol * he has no medical it mental health diagnosis So if you think he can be safe home alone, go for it. Have a safety talk with him frequently.
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POST: notice the break in his arm but wrote down in the accident report that my son had hurt his wrist. She did not call an ambulance even though he showed signs of shock. I was called to "evaluate" his injury and I could clearly see the arm was broken. I took him in for treatment. I had to request the accident report from the school a week after the accident happened and what they reported was false. I have asked them to amend the document to properly reflect the events that took place. The school has a bad track record with my son, he has dyslexia and they feel that he is a problem to deal with. My question is would this be worth seeking out counsel? Have they crossed the line into negligence?
RESPONSE A: Not a lawyer. I work with (and, in emergencies, give care to) kids your son's age. I'm deeply surprised that your son wasn't given better/faster care. A broken bone is a considered a life-threatening emergency because it can result in shock. Other commenters have said you are using the word "shock" wrong, which is...weird? Shock *does* have a specific medical meaning, but your son was exhibiting symptoms of that specific condition: he was pale, sweating/clammy, hyperventilating, dizzy https://www.mayoclinic.org/first-aid/first-aid-shock/basics/art-20056620 I would expect anyone with even basic first aid training to recognize a broken bone, call emergency medical services, and immobilise/elevate/ice the injury. I'm baffled that it didn't happen. I would contact a lawyer, if only to have someone really good at navigating bureaucracy help you ensure a dangerous lapse like this doesn't happen again—to your child or somebody else's.
RESPONSE B: First, shock is different. I know TV makes it seem like shock is an emotional term but it is not in the medical field. He was in pain. Pain can do all that. Also, what harm came to your son? Do you have actual damages? Was the slide in poor repair or was he climbing on it in a dangerous manner?
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POST: lers are very bad at doing this. Toddlers aren't supposed to be in the main climbing area, but this one was. I lost my grip and fell. I had no idea there was a kid under me, and even if I did, I couldn't really do anything about it other than yell on my way down. When I landed on him, I broke his arm. He was rushed to the hospital and all that. I'm fine, other than some bruises. I felt really bad about it, so I gave the parents my contact details with the intention of "I'll get the kid some balloons." They are now telling me they're going to sue me for his medical expenses. The gym has everyone sign a waiver absolving the gym of responsibility before they're allowed to climb, and I assume the parents must have signed a similar waiver. Does that help me at all? Am I actually liable? There was seriously nothing I could have done differently. Thank you for your help!
RESPONSE A: Might be a good idea to contact the gym and ask them about any security camera footage that may exist. If it shows them not watching their kid you'll have a much better case if they actually sue you.
RESPONSE B: So let me get this straight. Seriously, stop me when I got something wrong. Cause I must have something wrong. There is no way in hell this is correct... You are at this gym with a climbing wall. The wall top is 30 foot or so. You don't wear a harness (can't recall ever seeing a climbing wall without a harness... whatever, I don't climb, WTF do I know?), they have a pit of squishy something-or-other that can apparently keep someone from falling 30 feet from hurting themselves. So far so good? A toddler was in the pit beside the fucking wall. What sort of irresponsible, degenerate, inattentive, asshole parent allows there kid out of there reach in a place like this MUCH LESS PLAY UNDER SOMEONE CLIMBING 30 FEET FUCKING UP???? Call CPS on the asshole. They have it coming.
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POST: Fell on a kid at the rock gym and broke his arm. Parents want me to pay his medical expenses. Am I liable? [TX] For context: I like to go to a bouldering gym. There are no harnesses, but there are squishy mats to land on if you fall. The highest wall is thirty feet. I fell from this one. It's highly advised to stay back from walls that people are climbing on because anyone could fall at any time. Most people do this. Toddlers are very bad at doing this. Toddlers aren't supposed to be in the main climbing area, but this one was. I lost my grip and fell. I had no idea there was a kid under me, and even if I did, I couldn't really do anything about it other than yell on my way down. When I landed on him, I broke his arm. He was rushed to the hospital and all that. I'm fine, other than some bruises. I felt really bad about it, so I gave the parents my contact details with the intention of "I'll get the kid some balloons." They are now telling me they're going to sue me for his medical expenses. The gym has everyone sign a waiver absolving the gym of responsibility before they're allowed to climb, and I assume the parents must have signed a similar waiver. Does that help me at all? Am I actually liable? There was seriously nothing I could have done differently. Thank you for your help!
RESPONSE A: >They are now telling me they're going to sue me for his medical expenses. If they contact you again, then tell them to stop contacting you. They are morons (at best they are mistakenly misdirecting their own guilt for not monitoring the whereabouts and safety of their child onto you).
RESPONSE B: Might be a good idea to contact the gym and ask them about any security camera footage that may exist. If it shows them not watching their kid you'll have a much better case if they actually sue you.
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POST: Fell on a kid at the rock gym and broke his arm. Parents want me to pay his medical expenses. Am I liable? [TX] For context: I like to go to a bouldering gym. There are no harnesses, but there are squishy mats to land on if you fall. The highest wall is thirty feet. I fell from this one. It's highly advised to stay back from walls that people are climbing on because anyone could fall at any time. Most people do this. Toddlers are very bad at doing this. Toddlers aren't supposed to be in the main climbing area, but this one was. I lost my grip and fell. I had no idea there was a kid under me, and even if I did, I couldn't really do anything about it other than yell on my way down. When I landed on him, I broke his arm. He was rushed to the hospital and all that. I'm fine, other than some bruises. I felt really bad about it, so I gave the parents my contact details with the intention of "I'll get the kid some balloons." They are now telling me they're going to sue me for his medical expenses. The gym has everyone sign a waiver absolving the gym of responsibility before they're allowed to climb, and I assume the parents must have signed a similar waiver. Does that help me at all? Am I actually liable? There was seriously nothing I could have done differently. Thank you for your help!
RESPONSE A: >They are now telling me they're going to sue me for his medical expenses. If they contact you again, then tell them to stop contacting you. They are morons (at best they are mistakenly misdirecting their own guilt for not monitoring the whereabouts and safety of their child onto you).
RESPONSE B: The parents are most likely the most negligent party here. The gym *may* have some liability. I have a hard time seeing how you were negligent. Falling happens. You couldn't have prevented the accident. Ignore until/unless sued.
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POST: telling me they're going to sue me for his medical expenses. The gym has everyone sign a waiver absolving the gym of responsibility before they're allowed to climb, and I assume the parents must have signed a similar waiver. Does that help me at all? Am I actually liable? There was seriously nothing I could have done differently. Thank you for your help!
RESPONSE A: I am just a law student, but I don’t think you will be found liable even if sued. You were not negligent. You were doing what a reasonable person in your situation would have done - you lost your grip and landed on the designated area without seeing the kid (it would be worse if you saw him and still fell on him w/o trying to avoid that happening). The duty of care to keep the kid away from the restricted area was on his parents. If anyone would be found liable, it would be the gym, not you. The parents were clearly negligent, so I wouldn’t worry. Also, gym waivers don’t mean crap in most situations, but that doesn’t really apply to you in this situation. Keep us updated and good luck :)
RESPONSE B: Not a lawyer, but I think the parents will find it extremely difficult and probably impossible to hold you liable here. Liability is the big issue. You were engaged in an activity that is inherently dangerous in a place designated for that activity. The pit and mats are there because falling is a part of the activity. No children were supposed to be in the area. Your falling was an appropriate part of the activity. The child being beneath you was not. The parents may be trying to scare you into paying for their mistake. If gym employees were not responsible for babysitting their child, then THEY were. Maybe the kid got away from them, but that's not your fault either. 1. Contact your homeowners insurance. 2. Consult with attorney if homeowner's insurance will not help you. 3. Don't ignore any papers you get from the parents. 4. If they try to sue you, go after them for legal fees. BTW, waivers and contracts often have provisions that are unenforceable. The only way you'll know for sure is if you have an attorney review the waiver. Good luck!
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POST: the main climbing area, but this one was. I lost my grip and fell. I had no idea there was a kid under me, and even if I did, I couldn't really do anything about it other than yell on my way down. When I landed on him, I broke his arm. He was rushed to the hospital and all that. I'm fine, other than some bruises. I felt really bad about it, so I gave the parents my contact details with the intention of "I'll get the kid some balloons." They are now telling me they're going to sue me for his medical expenses. The gym has everyone sign a waiver absolving the gym of responsibility before they're allowed to climb, and I assume the parents must have signed a similar waiver. Does that help me at all? Am I actually liable? There was seriously nothing I could have done differently. Thank you for your help!
RESPONSE A: I agree with the person who said to get the security tapes, OP. I'd just about bet the farm that the parents put the child in the kiddie room by himself and went off to do their own thing.
RESPONSE B: Not a lawyer, but I think the parents will find it extremely difficult and probably impossible to hold you liable here. Liability is the big issue. You were engaged in an activity that is inherently dangerous in a place designated for that activity. The pit and mats are there because falling is a part of the activity. No children were supposed to be in the area. Your falling was an appropriate part of the activity. The child being beneath you was not. The parents may be trying to scare you into paying for their mistake. If gym employees were not responsible for babysitting their child, then THEY were. Maybe the kid got away from them, but that's not your fault either. 1. Contact your homeowners insurance. 2. Consult with attorney if homeowner's insurance will not help you. 3. Don't ignore any papers you get from the parents. 4. If they try to sue you, go after them for legal fees. BTW, waivers and contracts often have provisions that are unenforceable. The only way you'll know for sure is if you have an attorney review the waiver. Good luck!
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POST: legal action against me and says he deserves the tax return. I am not confrontational and I know nothing about the legal side of anything. Over the years I have just let him walk all over me. I work two dead-end jobs to make ends me every month. I have no idea where to go from here. Everyone tells me that I need to talk to a lawyer but I don’t know how or where to even start, let alone being able to afford one. Where do I go from here? What do I do about him claiming him? Is there any recourse against him? Is there financial help I can get to pay for a lawyer? Thank you! Also.. I got pregnant, married, and divorced in Missouri. I currently live in Georgia and he currently lives in San Francisco California
RESPONSE A: Here's the thing, you not being confrontational is exactly why you need a lawyer. Talk to a lawyer, get one who you like and you feel like is 100% in your corner. Ask your lawyer what he/she thinks you should be entitled too. Tell them you're not a confrontational person, and don't want be ran over by your ex any more. Then go give your kid a hug, have a martini and let the lawyer be confrontational. Your kid deserves at the minimum his/her father's financial support. When you ex calls, let him know until things are resolved he should speak either to his lawyer, or if he doesn't have one, your lawyer. And remind him to have a nice day.
RESPONSE B: If the divorce decree says he has custody, and he gets to claim your son for taxes, why do you have custody instead of him? Or does it say something different like you both split custody? The legal fix is to modify the support order. A lot of lawyers will take payment plans. The IRS does not care what your divorce decree says and you can claim your son on your taxes as a dependent, because he spends the most time with you. If he also claims your son, one of you will have to refile, and because you are the one actually providing support you will get the credit. You should also pursue the child support when you get the custody agreement updated.
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POST: up to the second hearing because I had no knowledge of it. I never received a date nor did my lawyer inform me of anything. Fast forward to now, my son is almost eight years old. His father has seen him maybe fifteen days out of those eight years. He does not pay child support but I have not pursued it. He has not financially supported my son one time, ever. He has claimed my son on his taxes every year. We have fought over this issue many times but every time he threatens legal action against me and says he deserves the tax return. I am not confrontational and I know nothing about the legal side of anything. Over the years I have just let him walk all over me. I work two dead-end jobs to make ends me every month. I have no idea where to go from here. Everyone tells me that I need to talk to a lawyer but I don’t know how or where to even start, let alone being able to afford one. Where do I go from here? What do I do about him claiming him? Is there any recourse against him? Is there financial help I can get to pay for a lawyer? Thank you! Also.. I got pregnant, married, and divorced in Missouri. I currently live in Georgia and he currently lives in San Francisco California
RESPONSE A: If the divorce decree says he has custody, and he gets to claim your son for taxes, why do you have custody instead of him? Or does it say something different like you both split custody? The legal fix is to modify the support order. A lot of lawyers will take payment plans. The IRS does not care what your divorce decree says and you can claim your son on your taxes as a dependent, because he spends the most time with you. If he also claims your son, one of you will have to refile, and because you are the one actually providing support you will get the credit. You should also pursue the child support when you get the custody agreement updated.
RESPONSE B: Please do what you need to do to claim child support. Imagine how much easier your life would be, the additional time you could spend with your kid, what less stress would feel like for both of you and your son. You might be able to cut back some hours on one of your jobs.
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POST: My new employer has a tip jar, but claims since he pays the minimum wage, all tips go back to the business. Is this legal? *Illinois* I just started a job at a restaurant. I'm not a full server per se. I take orders at the counter, but also run food and drink to customers in the dining room and also bus tables, answer phones, and pack up to-go orders. They have a tip jar on the counter that usually gets pretty full every night. My employer says, however, that all tips go back into the business since he pays me my state minimum wage (IL). This seems misleading for the customers at the very least. I know when I leave something in a tip jar, its with the assumption that the money will go to the workers. One man tried to hand me 2 dollars as a tip, but my manager took the money and just put it under the register. I've tried to do a little looking and my confusion is mostly this. Am I considered a tipped worker? From what I understood from the law, businesses are required to pay a minimum of 60% of the minimum wage, but doesn't that imply that they are able to pay more if they want to while still allowing workers to receive tips? From what my employer is saying, it sounds like I'm not a tipped worker because he pays the minimum wage. Is this legal or should I consider making a report to the state?
RESPONSE A: Not legal. But he can lower your wages below minimum wage as long as those tips bring you back to minimum.
RESPONSE B: This is actually fraud on his part. I’m not being dramatic. Fraud is deception and any reasonable customer would assume that the tips would be going to the employees. I guarantee if the tip jar was labeled “all tips go to owner”, then that jar would be collecting dust.
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POST: imply that they are able to pay more if they want to while still allowing workers to receive tips? From what my employer is saying, it sounds like I'm not a tipped worker because he pays the minimum wage. Is this legal or should I consider making a report to the state?
RESPONSE A: Tips are the property of whom they are given. Minimum wage is irrelevant. Being a "tipped worker" just means they can pay you less than minimum wage \*assuming you make at least enough tips to put you above minimum wage\*. If you don't (even if it is just a show week), your employer has to make up the difference. ​ Basically, being a 'tipped' employee means your employer can say, assume you are getting at least 5$/hour in tips and you have to show you didn't get enough tips to get minimum wage, as opposed to the other way around. Your company is free to deter customers from giving you tips (posting a sign saying "We pay our workers a living wage, no tips needed" or something), but if you get a tip given directly to you it is yours. I believe if a tip is left at a counter it is assumed to be for the server. I know 'tip sharing' happens a lot, although they cannot require people who receive tips to share them. I don't know if anyone has argued a tip jar at a register is intended for all employees (or at least server+cashier) instead of just the cashier. Mandating that people share tips they received directly is not allowed though: Tips are the property of whom they are given. I know when I was in high school working at a theme park the policy was to not encourage tips, to tell people tips were unnecessary, etc. If we were asked "Do I tip" and didn't say it was unnecessary they could (and would) fire you. However, if someone shoved money in your hand as a tip and then left, it would be yours, the company can't claw it back.
RESPONSE B: Not legal. But he can lower your wages below minimum wage as long as those tips bring you back to minimum.
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POST: My new employer has a tip jar, but claims since he pays the minimum wage, all tips go back to the business. Is this legal? *Illinois* I just started a job at a restaurant. I'm not a full server per se. I take orders at the counter, but also run food and drink to customers in the dining room and also bus tables, answer phones, and pack up to-go orders. They have a tip jar on the counter that usually gets pretty full every night. My employer says, however, that all tips go back into the business since he pays me my state minimum wage (IL). This seems misleading for the customers at the very least. I know when I leave something in a tip jar, its with the assumption that the money will go to the workers. One man tried to hand me 2 dollars as a tip, but my manager took the money and just put it under the register. I've tried to do a little looking and my confusion is mostly this. Am I considered a tipped worker? From what I understood from the law, businesses are required to pay a minimum of 60% of the minimum wage, but doesn't that imply that they are able to pay more if they want to while still allowing workers to receive tips? From what my employer is saying, it sounds like I'm not a tipped worker because he pays the minimum wage. Is this legal or should I consider making a report to the state?
RESPONSE A: Not legal. But he can lower your wages below minimum wage as long as those tips bring you back to minimum.
RESPONSE B: Just make sure to tell all your customers that you don't get any cut of the tips, the business keeps them all.
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POST: Being sued for a minor vehicle accident almost 4 years ago. So this accident happened 4 years ago in Texas. My friend hit a lady's car from behind. The Police showed up and asked if everything and everyone was okay. Both parties said everything is fine and the police officer didn't file a report, and had let both parties go their seperate ways. Almost 4 years laters my friend got a letter from the district court saying that the lady filed charges against her for physical injuries and mental problems she's suffering from the accident also future physical injuries she may have for that accident. She now being sued for $1,308,230.83. There was no physical damage or scratches to either vehicles, and there is no a police report or insurance report about the lady sueing, until now. What options does she have? She's gone to a few lawyers, to which none will take on the case.
RESPONSE A: >What options does she have? She should hand this over to the insurance company with a policy in force at the time of the accident. They'll handle this.
RESPONSE B: Did your friend have car insurance at the time of the accident?
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POST: Being sued for a minor vehicle accident almost 4 years ago. So this accident happened 4 years ago in Texas. My friend hit a lady's car from behind. The Police showed up and asked if everything and everyone was okay. Both parties said everything is fine and the police officer didn't file a report, and had let both parties go their seperate ways. Almost 4 years laters my friend got a letter from the district court saying that the lady filed charges against her for physical injuries and mental problems she's suffering from the accident also future physical injuries she may have for that accident. She now being sued for $1,308,230.83. There was no physical damage or scratches to either vehicles, and there is no a police report or insurance report about the lady sueing, until now. What options does she have? She's gone to a few lawyers, to which none will take on the case.
RESPONSE A: Any insurance claim that you file whether it’s paid or not, whether it’s withdrawn or not will appear on your CLUE database as an incident. All incidents contribute to your insurance profile and rating. Even if it’s outdated incidents will appear and factor into your rating.
RESPONSE B: This similar thing happened to a friend here in Indiana. There was minimal damage to both vehicles, but a couple years after the accident they got notified that they were being sued for SUBSTANTIAL injuries from the other party. Luckily they had a good insurance policy (with good liability limits) and so their policy covered all the awarded damages (which was about $50K as I recall) and the insurance's lawyer took care of everything, my friend didn't have to go to court or anything. I think they did have to do a deposition though. It's an excellent reason to carry a policy with high liability limits.
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POST: that's 60 days from when we received notice of the 5+% increase? Our timeline, for reference: * 6/23/2021 - moved-in * 4/17/2022 - emailed landlord about renewal * 4/21/2022 - confirmed a $100/mo increase, or +3.3% * 5/27/2022 - somehow became an $800/mo increase, or +26.7% * 6/30/2022 - our lease is up
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: Not sure why you don’t trust your lawyerfriend, but s/he is correct. You get a full 60 days “extra” at your old rent before the LL is legally allowed to charge the increase. > SECTION 226-C >*Notice of rent increase or non-renewal of residential tenancy* > Notice of rent increase or non-renewal of residential tenancy. 1. (a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section. **If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary.** https://www.nysenate.gov/legislation/laws/RPP/226-C
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POST: The big question: if we kept paying our current rate, are we legally allowed to stay until 7/27 since that's 60 days from when we received notice of the 5+% increase? Our timeline, for reference: * 6/23/2021 - moved-in * 4/17/2022 - emailed landlord about renewal * 4/21/2022 - confirmed a $100/mo increase, or +3.3% * 5/27/2022 - somehow became an $800/mo increase, or +26.7% * 6/30/2022 - our lease is up
RESPONSE A: Not sure why you don’t trust your lawyerfriend, but s/he is correct. You get a full 60 days “extra” at your old rent before the LL is legally allowed to charge the increase. > SECTION 226-C >*Notice of rent increase or non-renewal of residential tenancy* > Notice of rent increase or non-renewal of residential tenancy. 1. (a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section. **If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary.** https://www.nysenate.gov/legislation/laws/RPP/226-C
RESPONSE B: You are basically asking us if you need to pay a 26% rent increase for the month of July before moving, correct? My understanding from your post is that your lawyer friend told you to just pay your same rate for another month and then move out. I would always recommend deferring to an actual lawyer over those of us in this sub who are not lawyers/not your lawyer/less familiar with your situation. I would encourage you to indeed move out ASAP to avoid more conflict.
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POST: For background, the CEO is a huge 5G, anti-vax, COVID-denier man who believes this is all all sham. He has been trying to get everyone back in the office since April. After several delays (and several employees getting COVID after some return), they finally made it mandatory to return to the office. My gf, who has a compromise immune system did not feel comfortable returning to work and she has been successfully working from home ever since march. her productivity has been much higher than when she was at the office and she knows that because she has access to her “statistics” that track her performance. When she told HR that she doesn’t feel comfortable returning to work, they told her that they require a doctor’s note and she must fill out an application. She got the doctor’s note that stated that she could return to work in December (with the expectation that a new doctor’s note could be “renewed” and re-submitted if there was no vaccine by then). She submitted the doctor’s note, and the application. Fast forward a month or so later, they fired her. They told her she “wasn’t a good fit for the company”. That was it. Then, she found out the other girl that was fired was ALSO working from home, and also provided a doctor’s note to stay home. So the only two employees that were fired were the ones that didn’t return to the office. I understand TX is an “at will” state. But were they targeted because of the doctor’s note? Are there not any protections for this sort of thing? The executive team and CEO, again, are HUGE right wing conspiracy theorists who think all these deaths from COVID are fake. I say that to give context because we are pretty confident she was let go because of her doctor’s note based on her experience and interactions with the executive team. Any options?
RESPONSE A: How many employees are there? If the employer is large enough, discriminating because of a disability is unlawful. Talk to an employment attorney.
RESPONSE B: To get a 30-minute consultation with an employment attorney in Texas for $20 or less, see State Bar of Texas' Lawyer Referral & Information Service.
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POST: My aunt, a vet, was fired from her job due to her diabetes costing the company 5k/month. Is this legal? My aunt is a vet in a small town in Texas and has pretty bad diabetes. The vet clinic is small and the owner told her that he had to fire her b/c he was paying 5k a month for her health coverage. Is this legal? Why is the coverage so expensive in Texas? Any suggestions on moving forward?
RESPONSE A: this sounds like the vet clinic is doing some sort of "self insurance" or some really crappy group coverage . I had pre existing conditions (including diabetes, and others even more dangerous) and my employer pays my health coverage to the tune of about $600 ish a month, yes the employer employs a couple of thousand individuals (or more) but, 5k seems like the vet clinic is just paying the bills, not using some type of coverage. and even than, 5k a month? that seems a bit steep for insulin, needles, and test strips...... it really depends a LOT on how many people work there, if it is under like 15 I think, they don't even have to offer health care that is not employee paid.....
RESPONSE B: A hires B. A finds out that it can not keep B because it can't afford B and still maintain the business. What is A to do? As much as I feel for your aunt businesses runs on money. Nothing is free. Edit: word edit
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POST: My aunt, a vet, was fired from her job due to her diabetes costing the company 5k/month. Is this legal? My aunt is a vet in a small town in Texas and has pretty bad diabetes. The vet clinic is small and the owner told her that he had to fire her b/c he was paying 5k a month for her health coverage. Is this legal? Why is the coverage so expensive in Texas? Any suggestions on moving forward?
RESPONSE A: Like everyone else has said, you can't get blood from a stone. Also, how small is the clinic exactly? More or less than 15 full time employees? > Why is the coverage so expensive in Texas? That's about average for a small firm in the United States. Health & Human Services publishes data on this very topic, broken down by employer size and state. The Kaiser Family Foundation combines some of those tables here for just average value per state. Texas is actually 33/50 for average employer contribution, 28/50 for average total (#1 being highest amount).
RESPONSE B: A hires B. A finds out that it can not keep B because it can't afford B and still maintain the business. What is A to do? As much as I feel for your aunt businesses runs on money. Nothing is free. Edit: word edit
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POST: logging of the hours, entering 8 hours for each work and submitting it. THIS is because, since I was hired, my boss drove the idea into my brain that “you are paid on salary, so your total hours don’t matter” and that what matters is finishing the weekly tasks assigned to me. The problem is that these weekly tasks have required me to work 50-60 hrs/wk. This has been the case since the beginning of me starting the job until now. Today when I was consulting HR about my issues with my boss and the hours that he makes me work, I was told that the hours that I worked extra should have been entered as overtime! Apparently, overtime can be entered into the system although overtime hours are not encouraged by the department. HR continued to say that they directly told my boss that he was not to work any lab techs over the limit of 40 hrs/wk as he had issues before with previous lab techs (made the previous one quit within three months). It seems that he lied to HR about his understanding of my working conditions and fooled me into believing all the extra hours I worked that went unpaid were just part of the job. This is my first job out of undergrad and I’m afraid I’ve been taken advantage of. Is there any legal action I can take to rectify all of my unpaid hours, since I was the one to log them in the first place?
RESPONSE A: Always log your correct hours. Even if you are salary and not able to get overtime you can point to the extra time you have been working when you ask for a raise. HR or your boss can look at the amount of time you spend working and determine if they should hire additional help.
RESPONSE B: FYI, just because you log your hours doesn't necessarily mean you're an hourly employee. The logging is likely necessary for the university to charge your wages, benefits, and associated overhead to the appropriate grant so they can get reimbursed by the funding agency. Still, HR will determine whether you're hourly or salaried. They, along with the university grants office, are probably concerned about this, because misstating your time could be illegal and get the university in trouble with auditors, especially if you're working under a Federal research grant.
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POST: My family is currently in Ukraine. How do we even begin to apply to get them refugee status? I am a Ukrainian student here on a VISA,and have no idea what I should do next to bring them over. My family,including two minor children,left their home in southern Ukraine two days before the war began. They moved to a flat near the Polish border,and since then,have decided that coming to the US would be the best decision. My little siblings speak English,and we have many ties to the US. I was hosted here during the 2017-18 school year,on an exchange program sponsored by the US government. We are very close to my American host family,who has offered to sponsor my parents and siblings in any way possible. I’m not sure if having connections to the US would in any way help our case. I’m not sure where to go from here,however. The town I live in(and my host family) is a city that has been marked for refugee resettlement,and has resettled many Afghan citizens already. Therefore,I wondered if my best option would be to contact our local IRC. I don’t have many resources because I am not native to the US,and know nothing about how to navigate the legal system/immigration process here. Any help would be highly appreciated. We have no home anymore.
RESPONSE A: If you’re only here on a student visa you can’t petition for them, unfortunately. Also USCIS would be a good resource for immigration information.
RESPONSE B: You might be able to extend your Visa but you can’t sponsor or bring family over.
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POST: My family is currently in Ukraine. How do we even begin to apply to get them refugee status? I am a Ukrainian student here on a VISA,and have no idea what I should do next to bring them over. My family,including two minor children,left their home in southern Ukraine two days before the war began. They moved to a flat near the Polish border,and since then,have decided that coming to the US would be the best decision. My little siblings speak English,and we have many ties to the US. I was hosted here during the 2017-18 school year,on an exchange program sponsored by the US government. We are very close to my American host family,who has offered to sponsor my parents and siblings in any way possible. I’m not sure if having connections to the US would in any way help our case. I’m not sure where to go from here,however. The town I live in(and my host family) is a city that has been marked for refugee resettlement,and has resettled many Afghan citizens already. Therefore,I wondered if my best option would be to contact our local IRC. I don’t have many resources because I am not native to the US,and know nothing about how to navigate the legal system/immigration process here. Any help would be highly appreciated. We have no home anymore.
RESPONSE A: I will first check with your local refugee center, they could answer your questions most likely for free and even help you. You being on visa might be a bit of an issue to sponsor them. But give your refugee center a visit or a call
RESPONSE B: Hi! Work in refugee resettlement. Highly recommend you go to a local refugee resettlement agency. We are getting updates daily and they’ll be best positioned to guide you. Your family should register with UNHCR if they’ve left Ukraine or are able to.
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POST: immigration process here. Any help would be highly appreciated. We have no home anymore.
RESPONSE A: First of all, I’m so sorry this is happening to you, your family, and your country. As for legal advice- there are limited ways to get visas, so the best thing to do is try to contact an immigration attorney near you. There are plenty of non profits that assist in immigration, so just search for that near you or reach out to your local bar association (near me Catholic charities is the most active, religion doesn’t have anything to do with who they help). Practical advice- see if any groups near you are actively trying to assist in helping refugees obtain visas (for example, I live in a big tourist city so there’s a big service industry, when Russia invaded there was a group of restaurants/ bars/ hotels stating that they’d sponsor any Ukrainian service industry workers trying to immigrate to the US). Also try to get your parents/ siblings resumes in English to make applying to jobs easier (there are also groups that have offered to do this for free for refugees). Perhaps most important- reach out to ALL state/ federal/ local reps that you can. Currently this is all over the news and both sides of the political spectrum are sympathetic. As terrible as this is, the reality of the world is that some people are seen as “ideal” immigrants- for example, those that speak English. It sounds like your family fits into that category. While it isn’t an ideal state of the world, try to exploit that- they’d look great on TV for any politician that could help them. Write to representatives and senators on their websites; see if they have any local offices; see if any are touring or having town halls any time soon; tweet them; etc. The midterms are coming up and many are looking for as much free positive publicity as they can get, try to make their quest for free publicity beneficial to your family. Good luck!
RESPONSE B: Hi! Work in refugee resettlement. Highly recommend you go to a local refugee resettlement agency. We are getting updates daily and they’ll be best positioned to guide you. Your family should register with UNHCR if they’ve left Ukraine or are able to.
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POST: he had. I spoke to him the day before the incident about me working with her and training her when I travel to his city again in a few weeks since I'd already met her and he knew she really liked me. The only information I have about the whole thing is a few internet news articles about the deaths, and a few posts to his facebook page about the tragedy. One of the posts from his friends mentioned the dog being shot but being alive and expected to live by her vet care facility, but that friend also lives out of state so I don't think she's actually involved in the care. I messaged her and asked what she knew about where/how the dog was or where she would go if she healed, but I haven't gotten a message back and that was some hours ago. I want to make sure the dog isn't going to be put into a shelter if she heals or put down because she has no where to go- I want to find out if I'm able to adopt her and bring her home to Tennessee with me. I'm learning how to train therapy dogs and I absolutely have room in my home for her if she doesn't have a new family that will keep her forever. I'm hesitant to contact the police in his town because it's a huge metro area and they have more important things to deal with than his dog. But I have no contact information for anyone else he could've known. I want to know if you guys have any suggestions, or can reassure me that it's okay to contact them and see if they can tell me anything. Would they even be *allowed* to tell me anything since the investigation is still ongoing? Again I'm sorry for the rambling, I'm just trying to get information as quickly as I can because I'm scared they're going to put her down if they think she has no home. Thank you so much.
RESPONSE A: Google animal rescue in the city where the incident occurred. Call them and give them the details. They will be the only ones who will care and follow through.
RESPONSE B: Did he have a next of kin or someone else who would be appointed as executor of his estate? They might have your answer.
Which response is better? RESPONSE
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A
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POST: smell, and stains. The landlord told her that virtual was the only option due to “covid restrictions”. It’s her first college apartment and they definitely took advantage of the fact she didn’t know better. However I had her take screenshots of the “virtual tour” pictures and they don’t match the actual apartment in the slightest. The landlord has since said any cleaners/mold exterminators will have to be paid out of pocket by my sister as it’s not required. Is this something that we have ground to to sue for her first and last months rent back/break the lease?
RESPONSE A: The new tenant shoulkd be moving into a place that is clean and move-in ready. If the home isn't clean, she needs to refuse the keys or to pay rent until the home is ready to be moved into. Since the owner sounds like a slum lord, she needs to have LOTS of photos of the home an the condition it is in. She needs to refuse to move into it based on the condition. No, she should not be paying for any of that - it is supposed to be done. In most places (I don't see a specific locations for you) she can refuse to move in because it is not move in ready, not clean, etc, and they have a few days to make it ready. If it still isn't, or the owner refuses, she should not move in at all, and instead demand any money she has paid be returned. If they won't, then small claims court will be needed, and she needs to find a new place to live that she can view before signing for.
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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B
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POST: My little sister signed a lease with only a virtual tour, she showed up to an apartment with mold, cigarette burns/smell, and stains. The landlord told her that virtual was the only option due to “covid restrictions”. It’s her first college apartment and they definitely took advantage of the fact she didn’t know better. However I had her take screenshots of the “virtual tour” pictures and they don’t match the actual apartment in the slightest. The landlord has since said any cleaners/mold exterminators will have to be paid out of pocket by my sister as it’s not required. Is this something that we have ground to to sue for her first and last months rent back/break the lease?
RESPONSE A: While generally there is common law information about these types of issues however you should really include your location so that people with knowledge of local housing law can chime in and those who are outside of the area can keep out.
RESPONSE B: She might want to go to the school legal aid office. It's very likely she's paying a small fee for it anyway within her tuition. At my school, they were super helpful with dealing with bad landlords
Which response is better? RESPONSE
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A
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POST: My little sister signed a lease with only a virtual tour, she showed up to an apartment with mold, cigarette burns/smell, and stains. The landlord told her that virtual was the only option due to “covid restrictions”. It’s her first college apartment and they definitely took advantage of the fact she didn’t know better. However I had her take screenshots of the “virtual tour” pictures and they don’t match the actual apartment in the slightest. The landlord has since said any cleaners/mold exterminators will have to be paid out of pocket by my sister as it’s not required. Is this something that we have ground to to sue for her first and last months rent back/break the lease?
RESPONSE A: She might want to go to the school legal aid office. It's very likely she's paying a small fee for it anyway within her tuition. At my school, they were super helpful with dealing with bad landlords
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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B
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POST: My little sister signed a lease with only a virtual tour, she showed up to an apartment with mold, cigarette burns/smell, and stains. The landlord told her that virtual was the only option due to “covid restrictions”. It’s her first college apartment and they definitely took advantage of the fact she didn’t know better. However I had her take screenshots of the “virtual tour” pictures and they don’t match the actual apartment in the slightest. The landlord has since said any cleaners/mold exterminators will have to be paid out of pocket by my sister as it’s not required. Is this something that we have ground to to sue for her first and last months rent back/break the lease?
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.
RESPONSE B: While generally there is common law information about these types of issues however you should really include your location so that people with knowledge of local housing law can chime in and those who are outside of the area can keep out.
Which response is better? RESPONSE
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B
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POST: (IN) Can my landlord force residents to use a specific internet provider? So my lease is up soon and I've been informed that if I renew residents will be charged $60/month for community Internet. We don't have a choice and there's no opt-out option. This really sucks because I already have fiber internet through a different provider and I absolutely don't want to change. Some people have told me that they can't legally force me to use their community Internet but these people don't have any solid info beyond a generic FCC post from February of this year. So I'm here to ask: is what my landlord doing illegal? Can they really force their residents to pay for and use a specific internet provider (claiming it's an "amenity") when other companies are available in the area? If not, what steps would I take to force their hand to stop this nonsense?
RESPONSE A: They can make it a requirement under the new lease, yes. This seems to becoming more common, they are probably getting a discount or a referral bonus from the internet provider.
RESPONSE B: In a new lease they can add mandatory services. The fcc thing was more about providing access to alternatives and stifling competition vs preventing a mandatory service.
Which response is better? RESPONSE
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B
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POST: (IN) Can my landlord force residents to use a specific internet provider? So my lease is up soon and I've been informed that if I renew residents will be charged $60/month for community Internet. We don't have a choice and there's no opt-out option. This really sucks because I already have fiber internet through a different provider and I absolutely don't want to change. Some people have told me that they can't legally force me to use their community Internet but these people don't have any solid info beyond a generic FCC post from February of this year. So I'm here to ask: is what my landlord doing illegal? Can they really force their residents to pay for and use a specific internet provider (claiming it's an "amenity") when other companies are available in the area? If not, what steps would I take to force their hand to stop this nonsense?
RESPONSE A: They can't force you to use it, but why couldn't they force you to pay for it? (The FCC rules bind service providers, not landlords.) Look at it as raising your rent by $60 when you sign the new lease. Though how did you manage to get fiber in a rented apartment, and if fiber is available in the area why isn't your landlord going with that for "community Internet"?
RESPONSE B: Yes, they can legally ask you to pay for this service under their new lease. Since this is a case of renewal of the contract, they can add it in as part of the new contract. You can request to not pay and not use HOWEVER, they have no obligation to do that for you and theyll likely not make that exception. You dont need to use their internet though you can continue to use your own however you will still be charged.
Which response is better? RESPONSE
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POST: (IN) Can my landlord force residents to use a specific internet provider? So my lease is up soon and I've been informed that if I renew residents will be charged $60/month for community Internet. We don't have a choice and there's no opt-out option. This really sucks because I already have fiber internet through a different provider and I absolutely don't want to change. Some people have told me that they can't legally force me to use their community Internet but these people don't have any solid info beyond a generic FCC post from February of this year. So I'm here to ask: is what my landlord doing illegal? Can they really force their residents to pay for and use a specific internet provider (claiming it's an "amenity") when other companies are available in the area? If not, what steps would I take to force their hand to stop this nonsense?
RESPONSE A: They can't force you to use it, but why couldn't they force you to pay for it? (The FCC rules bind service providers, not landlords.) Look at it as raising your rent by $60 when you sign the new lease. Though how did you manage to get fiber in a rented apartment, and if fiber is available in the area why isn't your landlord going with that for "community Internet"?
RESPONSE B: You may be able to get permission from your landlord to use an alternative service, but you're still going to have to pay the fee.
Which response is better? RESPONSE
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A
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POST: (IN) Can my landlord force residents to use a specific internet provider? So my lease is up soon and I've been informed that if I renew residents will be charged $60/month for community Internet. We don't have a choice and there's no opt-out option. This really sucks because I already have fiber internet through a different provider and I absolutely don't want to change. Some people have told me that they can't legally force me to use their community Internet but these people don't have any solid info beyond a generic FCC post from February of this year. So I'm here to ask: is what my landlord doing illegal? Can they really force their residents to pay for and use a specific internet provider (claiming it's an "amenity") when other companies are available in the area? If not, what steps would I take to force their hand to stop this nonsense?
RESPONSE A: They can't force you to use the service, but they can force you to pay for it as part of your lease. It's no more illegal than them raising rent $60 and providing *nothing* extra. Edit: a word
RESPONSE B: They can't force you to use it, but why couldn't they force you to pay for it? (The FCC rules bind service providers, not landlords.) Look at it as raising your rent by $60 when you sign the new lease. Though how did you manage to get fiber in a rented apartment, and if fiber is available in the area why isn't your landlord going with that for "community Internet"?
Which response is better? RESPONSE
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POST: Internet Provider Charged Me To Settle Someone Else's Account Alright, long story short. My former internet provider charged me almost $200 to settle someone else's overdue balance that shares the same name as me. This was after our services were cancelled. I've been talking to customer support for over a month now and it seems unlikely to be resolved. Apparently their "billing" department wants proof that my social security number is what I say it is, as it is different from the other person they have on file. I asked if they have a secure way for me to send it, and they said I can: 1. Bring it into their store(Over 4 hours away from me) 2. Fax it to their office 3. Text it to them. All of these options are unacceptable to me as I am unwilling to risk sending my social to an already shady company via insecure methods, and I'm definitely not driving 8 hours total. Is there any room for legal action in this? I feel as though they can't simply steal from people based on names.
RESPONSE A: How did you pay? If its a credit card dispute immediately, and close that card and get a new number. This is why I always use a real credit card if possible with re-occurring bills. I would fax it, it's probably the most secure. Look at this point your ssn is out there, they all went public when Equifax was hacked. It's just not worth the drive or burning hours of your time to fight this in an attempt to prevent them from maybe doing something with your SSN.
RESPONSE B: I would just dispute the charge with the card or credit bureau. Does this other person also live at your address ans have the exact same DOB? They have other ways to verify you identity.
Which response is better? RESPONSE
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POST: long story short. My former internet provider charged me almost $200 to settle someone else's overdue balance that shares the same name as me. This was after our services were cancelled. I've been talking to customer support for over a month now and it seems unlikely to be resolved. Apparently their "billing" department wants proof that my social security number is what I say it is, as it is different from the other person they have on file. I asked if they have a secure way for me to send it, and they said I can: 1. Bring it into their store(Over 4 hours away from me) 2. Fax it to their office 3. Text it to them. All of these options are unacceptable to me as I am unwilling to risk sending my social to an already shady company via insecure methods, and I'm definitely not driving 8 hours total. Is there any room for legal action in this? I feel as though they can't simply steal from people based on names.
RESPONSE A: How does an ISP of all places not have a secure method for sending documents that need encryption? My little 4 person office has one for sending account sensitive stuff securely. End of the day though, you're probably worrying about something that doesn't need to be. Everyone's SSN is obviously tied to everyones account. If someone wanted to gain access to it theyre going to get the entire database vs just your SSN. Also how do they not already have your SSN? If they can verify that you are you by your SS card doesn't your account already have your SS# recorded on it? Are they assuming OkayDM gave a false SSN when signing up the 2nd time?
RESPONSE B: this is not legal advice, but it is practical advice ISP's are required by law to respond to official complaints through the FCC site I worked for close to a year to get Comcast to give me a credit that was due caused by their accident opening a second account rather than an upgrade. I got noting with their customer support. Filed an FCC Claim and it was resolved in a little more than a month. They take these very seriously https://consumercomplaints.fcc.gov/hc/en-us
Which response is better? RESPONSE
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POST: [California, USA] Tenants stole two of my routers, and are using my internet, while I have no access to it. They also called my service provider and shut off my parents service at their house..(our accounts are connected). I'm a landlord, I have four tenants living in my home. Two of which are a couple, and the ones I suspect are the culprits. I have no proof, but I just don't see the other two doing it. I cut the couple off from using it to begin with, because I want them to move out, and they are making it extremely difficult. I just want to know, what legal steps can I pursue in this situation? I've been in contact with Comcast (my service provider) and they record calls, and said I could be provided with the audio.. Is them calling and messing with my wifi account illegal (i.e. turning off my parents wifi)? I think they used a mutual friend of ours phone to make the calls, I don't really have 100% proof of it to show, but I know it's them. This is so infuriating. My parents nag me about why they are even still here after messing with our accounts. I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges. But what charges can I press with no hard proof?
RESPONSE A: >I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges Oh boy, you should really read up on tenant rights and landlord responsibilities before you open yourself up to litigation.
RESPONSE B: Have you provided the tenants with written notice to vacate (with proper advanced notice)? Are the tenants on a lease? If so, when does it end?
Which response is better? RESPONSE
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POST: . I cut the couple off from using it to begin with, because I want them to move out, and they are making it extremely difficult. I just want to know, what legal steps can I pursue in this situation? I've been in contact with Comcast (my service provider) and they record calls, and said I could be provided with the audio.. Is them calling and messing with my wifi account illegal (i.e. turning off my parents wifi)? I think they used a mutual friend of ours phone to make the calls, I don't really have 100% proof of it to show, but I know it's them. This is so infuriating. My parents nag me about why they are even still here after messing with our accounts. I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges. But what charges can I press with no hard proof?
RESPONSE A: Have you provided the tenants with written notice to vacate (with proper advanced notice)? Are the tenants on a lease? If so, when does it end?
RESPONSE B: Former CA Landlord here... #If you can get to that note, take it down ASAP. FOR GOD'S SAKE, contact a tenant's rights association and ask them what you do about this. Hopefully they will be helpful to a landlord who just wants to handle things LEGALLY. >**I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges.** This is so fucking illegal that a lawyer would be foaming at the mouth to take it on. It could even be considered blackmail. Even this: > I cut the couple off from using it to begin with, because I want them to move out Jesus man, admitting that you are making thing shitty for them in order to get them to move out is called "constructive eviction" and is a very, VERY expensive mistake for you to make in CA. I understand your frustration. Shitty tenants suck, especially when they live in your home. But you are a landlord, and they have rights that will be *very expensive for you* (and delay getting them out) if you violate them.
Which response is better? RESPONSE
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POST: they used a mutual friend of ours phone to make the calls, I don't really have 100% proof of it to show, but I know it's them. This is so infuriating. My parents nag me about why they are even still here after messing with our accounts. I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges. But what charges can I press with no hard proof?
RESPONSE A: I'm a landlord tenant attorney in CA, but I am not yours. You need to speak with one, soon. You may have opened yourself to massive litigation. Hope and pray your tenants don't leave today based on the note. I don't know what steps you've taken to have them move out, but your attorney you hire can help guide you. You may be able to evict due to the impersonation, but don't hold your breath. End the tenancy properly and stop attempting self help at this point as you're putting yourself in a very financially tenuous place.
RESPONSE B: Former CA Landlord here... #If you can get to that note, take it down ASAP. FOR GOD'S SAKE, contact a tenant's rights association and ask them what you do about this. Hopefully they will be helpful to a landlord who just wants to handle things LEGALLY. >**I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges.** This is so fucking illegal that a lawyer would be foaming at the mouth to take it on. It could even be considered blackmail. Even this: > I cut the couple off from using it to begin with, because I want them to move out Jesus man, admitting that you are making thing shitty for them in order to get them to move out is called "constructive eviction" and is a very, VERY expensive mistake for you to make in CA. I understand your frustration. Shitty tenants suck, especially when they live in your home. But you are a landlord, and they have rights that will be *very expensive for you* (and delay getting them out) if you violate them.
Which response is better? RESPONSE
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POST: just don't see the other two doing it. I cut the couple off from using it to begin with, because I want them to move out, and they are making it extremely difficult. I just want to know, what legal steps can I pursue in this situation? I've been in contact with Comcast (my service provider) and they record calls, and said I could be provided with the audio.. Is them calling and messing with my wifi account illegal (i.e. turning off my parents wifi)? I think they used a mutual friend of ours phone to make the calls, I don't really have 100% proof of it to show, but I know it's them. This is so infuriating. My parents nag me about why they are even still here after messing with our accounts. I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges. But what charges can I press with no hard proof?
RESPONSE A: That's not how you do it at all. Consult with a landlord-tenant attorney in California.
RESPONSE B: Former CA Landlord here... #If you can get to that note, take it down ASAP. FOR GOD'S SAKE, contact a tenant's rights association and ask them what you do about this. Hopefully they will be helpful to a landlord who just wants to handle things LEGALLY. >**I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges.** This is so fucking illegal that a lawyer would be foaming at the mouth to take it on. It could even be considered blackmail. Even this: > I cut the couple off from using it to begin with, because I want them to move out Jesus man, admitting that you are making thing shitty for them in order to get them to move out is called "constructive eviction" and is a very, VERY expensive mistake for you to make in CA. I understand your frustration. Shitty tenants suck, especially when they live in your home. But you are a landlord, and they have rights that will be *very expensive for you* (and delay getting them out) if you violate them.
Which response is better? RESPONSE
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POST: .. Is them calling and messing with my wifi account illegal (i.e. turning off my parents wifi)? I think they used a mutual friend of ours phone to make the calls, I don't really have 100% proof of it to show, but I know it's them. This is so infuriating. My parents nag me about why they are even still here after messing with our accounts. I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges. But what charges can I press with no hard proof?
RESPONSE A: Former CA Landlord here... #If you can get to that note, take it down ASAP. FOR GOD'S SAKE, contact a tenant's rights association and ask them what you do about this. Hopefully they will be helpful to a landlord who just wants to handle things LEGALLY. >**I left them a note in the bathroom saying they needed to be gone today, or I was going to press charges.** This is so fucking illegal that a lawyer would be foaming at the mouth to take it on. It could even be considered blackmail. Even this: > I cut the couple off from using it to begin with, because I want them to move out Jesus man, admitting that you are making thing shitty for them in order to get them to move out is called "constructive eviction" and is a very, VERY expensive mistake for you to make in CA. I understand your frustration. Shitty tenants suck, especially when they live in your home. But you are a landlord, and they have rights that will be *very expensive for you* (and delay getting them out) if you violate them.
RESPONSE B: It sounds as though you may not be helping your situation much. If you do things "because you want them to move out" and fail to follow proper landlord tenant laws and eviction procedures, you could very easily find yourself in all kinds of hot water. Take a step back, breathe, review the laws and regulations of your locale and talk to a real-estate attorney if needed. Then move forward with the proper steps to get rid of the problem tenants and pursue the internet/theft issues.
Which response is better? RESPONSE
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POST: hoes and other equipment over it. Property is worth $25k or so. I was preparing to sell it but now I feel like I can't. Don't have too much money to put into suing them. What can I do? I'm contemplating confronting them tomorrow?
RESPONSE A: On the one hand, wild growth trees on a vacant lot are mostly worth about what the lumber would cost. On the other hand, dropping the biggest, heaviest rock possible on real estate developers always warms my heart. OP, go speak to a real estate lawyer tomorrow morning. Call your state bar association and ask for a referral to someone local. You and your lawyer should discuss whether it's practical to bring a suit against the flippers for: * an injunction that they stay off of your property and cease using it as an access-way and dump, * an order that they remove their debris, or that they pay for your own debris-removal, * the cost of replacing the trees they cut down, * the cost of restoring whatever other parts of the property they damaged, * anything else your lawyer can think of. Odds are good that if they're flippers, they'll want to be rid of the property ASAP. Having it tied up in a lawsuit makes that really difficult, as they may have to disclose the suit (and the risk that you place a lien on the property due to the resulting judgement) to buyers and their lenders. It also ties up a bunch of the developers' time and money in a lawyer. What I'm saying is, I think you have them by the balls on this one. You should be aiming for a settlement, here, not to win the suit: if you make them fight you on every inch, you'll spend more on your own lawyer without getting much more in return. If they're willing to settle, you likely come out ahead. If I'm right, your lawyer will likely take this on contingency. Edit: one thought - how much would the value of the neighbouring house increase if the yard were an entire acre larger?
RESPONSE B: Take pictures and don't confront them. Do talk to a lawyer. This is going to be a great thread
Which response is better? RESPONSE
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POST: Property is worth $25k or so. I was preparing to sell it but now I feel like I can't. Don't have too much money to put into suing them. What can I do? I'm contemplating confronting them tomorrow?
RESPONSE A: On the one hand, wild growth trees on a vacant lot are mostly worth about what the lumber would cost. On the other hand, dropping the biggest, heaviest rock possible on real estate developers always warms my heart. OP, go speak to a real estate lawyer tomorrow morning. Call your state bar association and ask for a referral to someone local. You and your lawyer should discuss whether it's practical to bring a suit against the flippers for: * an injunction that they stay off of your property and cease using it as an access-way and dump, * an order that they remove their debris, or that they pay for your own debris-removal, * the cost of replacing the trees they cut down, * the cost of restoring whatever other parts of the property they damaged, * anything else your lawyer can think of. Odds are good that if they're flippers, they'll want to be rid of the property ASAP. Having it tied up in a lawsuit makes that really difficult, as they may have to disclose the suit (and the risk that you place a lien on the property due to the resulting judgement) to buyers and their lenders. It also ties up a bunch of the developers' time and money in a lawyer. What I'm saying is, I think you have them by the balls on this one. You should be aiming for a settlement, here, not to win the suit: if you make them fight you on every inch, you'll spend more on your own lawyer without getting much more in return. If they're willing to settle, you likely come out ahead. If I'm right, your lawyer will likely take this on contingency. Edit: one thought - how much would the value of the neighbouring house increase if the yard were an entire acre larger?
RESPONSE B: I would get an arborist in ASAP to assess the damage to your trees, and the cost to replace. Mature trees are serious business. Paging tree law experts.
Which response is better? RESPONSE
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POST: can I do? I'm contemplating confronting them tomorrow?
RESPONSE A: On the one hand, wild growth trees on a vacant lot are mostly worth about what the lumber would cost. On the other hand, dropping the biggest, heaviest rock possible on real estate developers always warms my heart. OP, go speak to a real estate lawyer tomorrow morning. Call your state bar association and ask for a referral to someone local. You and your lawyer should discuss whether it's practical to bring a suit against the flippers for: * an injunction that they stay off of your property and cease using it as an access-way and dump, * an order that they remove their debris, or that they pay for your own debris-removal, * the cost of replacing the trees they cut down, * the cost of restoring whatever other parts of the property they damaged, * anything else your lawyer can think of. Odds are good that if they're flippers, they'll want to be rid of the property ASAP. Having it tied up in a lawsuit makes that really difficult, as they may have to disclose the suit (and the risk that you place a lien on the property due to the resulting judgement) to buyers and their lenders. It also ties up a bunch of the developers' time and money in a lawyer. What I'm saying is, I think you have them by the balls on this one. You should be aiming for a settlement, here, not to win the suit: if you make them fight you on every inch, you'll spend more on your own lawyer without getting much more in return. If they're willing to settle, you likely come out ahead. If I'm right, your lawyer will likely take this on contingency. Edit: one thought - how much would the value of the neighbouring house increase if the yard were an entire acre larger?
RESPONSE B: I'd start by reviewing your property boundaries and/or getting/reviewing a survey to ensure the trees were absolutely on your property. If you're confident that was the case, you may see if you can find an attorney to work on contingency (i.e. they take a portion of your winnings/settlement).
Which response is better? RESPONSE
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B
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POST: Neighbor cut down 6 of my trees and is stacking dirt oon my land without permission [NC] I own a vacant lot. It's about an acre. The house next door was bought by some flipping house company. I found out yesterday that they cut down several of my trees, stacked up an 8 foot pile of dirt, dumped trash and debris, and in general made it a mess by driving backhoes and other equipment over it. Property is worth $25k or so. I was preparing to sell it but now I feel like I can't. Don't have too much money to put into suing them. What can I do? I'm contemplating confronting them tomorrow?
RESPONSE A: I'd start by reviewing your property boundaries and/or getting/reviewing a survey to ensure the trees were absolutely on your property. If you're confident that was the case, you may see if you can find an attorney to work on contingency (i.e. they take a portion of your winnings/settlement).
RESPONSE B: Take pictures and don't confront them. Do talk to a lawyer. This is going to be a great thread
Which response is better? RESPONSE
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A
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POST: the police and we confronted him about it and he admitted to cutting it down. The police took no report though and he referred me to the magistrate's office to get a warrant since it's a Class 1 Misdemeanor in my state. I have security footage of the tree being cut down, but the camera is 90 feet away so it's hard to see a face. I went to the Magistrate's office and he granted the warrant. I believe the tree's value to be around $2,000-$5,000 based on calling some nurseries and they said they sell 8 ft trees for $300-400. They don't sell trees 20-25 ft tall. What's my next step? Should I pay to have a survey done? Should I start the small claims court now (max $10k lawsuit in small claims in my state), or wait until after the criminal case is resolved? (Court date is in December) Any other advice?
RESPONSE A: I am not a lawyer, but Nursery guy/arborist here, get a professional/certified arborist to give you a quote of the tree's value, the estimated value of the removed tree may be more important than the replacement cost for smaller specimens. If you have pictures of the tree available and not just the security footage that would be a bonus for the person doing the estimate. The reason no one tends sells trees that large is because they physically can't handle that large an operation, the root ball alone would have to be 8 to 10 feet in diameter to even give the tree a chance of surviving. I'm sure an actual lawyer can chime in to tell you if your state has triple damages for malicious tree-cuttery, I know that has come up in other tree law threads.
RESPONSE B: The general consensus on things tree related is to get an arborist to determine the value of the tree. Make sure you get an estimate for the replacement and what value the wood would have had. Then if it is below the small claims court limit, sue him there for the combined costs. Make sure you have copies of the estimates, a statement from the officer who responded, and the information from your survey showing that it was on your land.
Which response is better? RESPONSE
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B
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POST: Leyland Cypress tree that is on my property. The entire trunk of the tree is 8-12 inches over the property line (on my side). I called the police and we confronted him about it and he admitted to cutting it down. The police took no report though and he referred me to the magistrate's office to get a warrant since it's a Class 1 Misdemeanor in my state. I have security footage of the tree being cut down, but the camera is 90 feet away so it's hard to see a face. I went to the Magistrate's office and he granted the warrant. I believe the tree's value to be around $2,000-$5,000 based on calling some nurseries and they said they sell 8 ft trees for $300-400. They don't sell trees 20-25 ft tall. What's my next step? Should I pay to have a survey done? Should I start the small claims court now (max $10k lawsuit in small claims in my state), or wait until after the criminal case is resolved? (Court date is in December) Any other advice?
RESPONSE A: Since you're asking whether or not to get a survey, I'll take that to mean that you've never had one done. In that case, how are you certain that it was on your property? Your first step is a survey to be sure that it's your property
RESPONSE B: I am not a lawyer, but Nursery guy/arborist here, get a professional/certified arborist to give you a quote of the tree's value, the estimated value of the removed tree may be more important than the replacement cost for smaller specimens. If you have pictures of the tree available and not just the security footage that would be a bonus for the person doing the estimate. The reason no one tends sells trees that large is because they physically can't handle that large an operation, the root ball alone would have to be 8 to 10 feet in diameter to even give the tree a chance of surviving. I'm sure an actual lawyer can chime in to tell you if your state has triple damages for malicious tree-cuttery, I know that has come up in other tree law threads.
Which response is better? RESPONSE
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B
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POST: (NC-USA) Neighbor cut down my 20 ft tree without permission The neighbor behind my house cut down a 20-25 Leyland Cypress tree that is on my property. The entire trunk of the tree is 8-12 inches over the property line (on my side). I called the police and we confronted him about it and he admitted to cutting it down. The police took no report though and he referred me to the magistrate's office to get a warrant since it's a Class 1 Misdemeanor in my state. I have security footage of the tree being cut down, but the camera is 90 feet away so it's hard to see a face. I went to the Magistrate's office and he granted the warrant. I believe the tree's value to be around $2,000-$5,000 based on calling some nurseries and they said they sell 8 ft trees for $300-400. They don't sell trees 20-25 ft tall. What's my next step? Should I pay to have a survey done? Should I start the small claims court now (max $10k lawsuit in small claims in my state), or wait until after the criminal case is resolved? (Court date is in December) Any other advice?
RESPONSE A: MS paint or it didn't happen
RESPONSE B: I am not a lawyer, but Nursery guy/arborist here, get a professional/certified arborist to give you a quote of the tree's value, the estimated value of the removed tree may be more important than the replacement cost for smaller specimens. If you have pictures of the tree available and not just the security footage that would be a bonus for the person doing the estimate. The reason no one tends sells trees that large is because they physically can't handle that large an operation, the root ball alone would have to be 8 to 10 feet in diameter to even give the tree a chance of surviving. I'm sure an actual lawyer can chime in to tell you if your state has triple damages for malicious tree-cuttery, I know that has come up in other tree law threads.
Which response is better? RESPONSE
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A
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POST: (NC-USA) Neighbor cut down my 20 ft tree without permission The neighbor behind my house cut down a 20-25 Leyland Cypress tree that is on my property. The entire trunk of the tree is 8-12 inches over the property line (on my side). I called the police and we confronted him about it and he admitted to cutting it down. The police took no report though and he referred me to the magistrate's office to get a warrant since it's a Class 1 Misdemeanor in my state. I have security footage of the tree being cut down, but the camera is 90 feet away so it's hard to see a face. I went to the Magistrate's office and he granted the warrant. I believe the tree's value to be around $2,000-$5,000 based on calling some nurseries and they said they sell 8 ft trees for $300-400. They don't sell trees 20-25 ft tall. What's my next step? Should I pay to have a survey done? Should I start the small claims court now (max $10k lawsuit in small claims in my state), or wait until after the criminal case is resolved? (Court date is in December) Any other advice?
RESPONSE A: The general consensus on things tree related is to get an arborist to determine the value of the tree. Make sure you get an estimate for the replacement and what value the wood would have had. Then if it is below the small claims court limit, sue him there for the combined costs. Make sure you have copies of the estimates, a statement from the officer who responded, and the information from your survey showing that it was on your land.
RESPONSE B: MS paint or it didn't happen
Which response is better? RESPONSE
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A
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POST: paying for another wall after agreeing specifically not to do that. Do we have any right to get her to remove the part on our property? I live in California (San Bernardino County) in a town in the mountains. Recently, a woman moved in next door into a house that was recently put onto the market. My family has not been fond of her since she moved in, but yesterday she took things to the next level. She had been planning on building a fence and connected a string from her house to our fence, which my parents assumed meant she would be connecting our fences. We put up a fence a few years ago, and it doesn’t rest on the property line. When we built our fences we left about 2 feet on either side and about 6 feet off the back of the fence so we had access to the entire property for weed abatement. My parents saw the string and immediately knocked on her door to explain the situation, however, she wasn’t home and my parents left a note which the boyfriend gave to her. The situation only worsened from there, which eventually led to the woman coming over to our house with surveyors (which my parents doubt the credibility of). The conversation basically ended with the woman agreeing to not build on our property, agreeing to leave the 2-foot gap between the fences, and then they left. We didn't have any of this in writing, which I admit we should have gotten, but we took her at her word. She lied. She drilled into our fence and connected hers so she wouldn’t have to pay for the last wall, making it so we no longer have access to the back part of our property, and building ON our property. Our family is unsure how to proceed in this situation. Is there any way that we can have her remove the fence from our property and disconnect our fences?
RESPONSE A: First, I'd hire my own surveyor the mark the lot. Second, if the fence indeed does come onto my property, I'd have a lawyer sent a demand letter to have her remove it. Not squashing this now leads to her claiming possession of the land down the road.
RESPONSE B: Did she build it herself or hire a service to build her fence?
Which response is better? RESPONSE
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B
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POST: it on my comprehensive insurance and file a police report. The only issue is there are no cameras in my parking lot so I don’t have physical proof besides our several interjections over the topic. I don’t want to come off too harsh but this is just absolutely uncalled for and I have not felt frustration like this in a long time lol. At the end of the day I’m looking for the money to get my paint redone due to someone else’s mistake, what course of actions should I follow to ensure something is done? I have no photos currently as I was almost late to work upon the inspection of my vehicle so I will update this post as soon as I get the chance. Thank you for your time in advance.
RESPONSE A: Not a Lawyer but maybe try talking to him about it. Now what I mean is first look up recording laws in your state and see if yours is one party consent, next if it is have a recording device on your person that's not noticable and record a conversation with him (if two party have a friend along who knows about the recording device). Have a casual conversation with your neighbor and bring up the topic of the car, and see if he'll admit to it. If you have him admitting on tape he did it you could file a report to the police and your insurance for property damage.
RESPONSE B: >Co-workers have been telling me to claim it on my comprehensive insurance and file a police report. Co-workers are right. Even if you can't end up proving he did it, if you have coverage for the damage to your vehicle, your insurance should handle the damages AND handle the attempt to hold your neighbor responsible. They will also try to recover your deductible against the neighbor. If you don't have comprehensive coverage, then your only option is to go after your neighbor directly. Ask him if he did it, if you can get it in a text or email even better. Depending on your state, look up if your state is a two-party or one-party consent state. If it's one party, then record the conversation (two party means he has to give permission to record). Then take whatever you can to court to prove it.
Which response is better? RESPONSE
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POST: d from most everyone in the family, and those she is not estranged from seem to either absorb her diatribes and verbal assaults as an act of love and familial duty, or pay her the ransom of the moment (rent, medical bill, new computer, etc.) Today, she is not only demanding the portion of my father's pension moving forward, but also back payments for the last 15 years since my mothers death. These demands come of family members, but never once through the courts. It doesn't make any sense to me that children of divorce and subsequent death of a parent would receive a portion of their living parent's pension. Am I off base here? Does she have a case to be made? If that divorce contract clause would have stayed, would it have even been legitimate? I would appreciate any advice you can offer. Thank you!
RESPONSE A: A common way for a retirement plan to be handled in divorce is for the court to split it into two separate accounts altogether with what is called a Qualified Domestic Relations Order (QDRO). To the extent possible under the plan, both spouses would be able to designate their own beneficiaries who would receive whatever the plan provides after their death. There are a number of possible reasons why that didn't happen here. But really, the simple matter is that it didn't. Your father's pension is his, and your sister has no legal claim to it. Engaging with her on this is not helpful for anyone. If she sues, hire an attorney and respond to the suit.
RESPONSE B: Maybe you and your dad should consider putting a restraining order on her. I had to do that to my brother who was heavily on hard drugs because he would harass me for money too and it stopped pretty quickly. She obviously doesn’t see your dad as family but an ATM and that must really hurt him. When your dad does pass you will be the next one she will be after about inheritance. Maybe your dad should consider removing her from his will all together if she’s treating him like that. It sucks but sometimes you need to give them tough love for them to look at their actions and change their priorities. My brother also has some mental health issues too and nothing is ever his fault.
Which response is better? RESPONSE
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POST: terrible, especially for her, as she has wasted years being angry and enraged that she has not received what she is "owed." Her obsession with this has come at the cost of her health, education, career, and life as well as the health and happiness of our family. At this point she is estranged from most everyone in the family, and those she is not estranged from seem to either absorb her diatribes and verbal assaults as an act of love and familial duty, or pay her the ransom of the moment (rent, medical bill, new computer, etc.) Today, she is not only demanding the portion of my father's pension moving forward, but also back payments for the last 15 years since my mothers death. These demands come of family members, but never once through the courts. It doesn't make any sense to me that children of divorce and subsequent death of a parent would receive a portion of their living parent's pension. Am I off base here? Does she have a case to be made? If that divorce contract clause would have stayed, would it have even been legitimate? I would appreciate any advice you can offer. Thank you!
RESPONSE A: Maybe you and your dad should consider putting a restraining order on her. I had to do that to my brother who was heavily on hard drugs because he would harass me for money too and it stopped pretty quickly. She obviously doesn’t see your dad as family but an ATM and that must really hurt him. When your dad does pass you will be the next one she will be after about inheritance. Maybe your dad should consider removing her from his will all together if she’s treating him like that. It sucks but sometimes you need to give them tough love for them to look at their actions and change their priorities. My brother also has some mental health issues too and nothing is ever his fault.
RESPONSE B: Others have commented with good advice, but nobody so far has mentioned the statute of limitations. Even if she has an ironclad legal position... The fact that her complaint is based upon something that happened / started 15 years ago means she is almost certainly barred by time. She could start an action (any one can, for anything) but the statute of limitations could be raised as defense.
Which response is better? RESPONSE
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B
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POST: of my father's pension payments until she passed. After she passed, my father received the entirety of his pension payments. My sisters and I did not receive anything. My sister has verbally and emotionally abused my father and our entire immediate and extended family about this. She has tried to build alliances against my father, played others off each other, been extremely manipulative, demanded agreement that she is right, and demanded mediation (despite no legal challenge to mediate). It has been terrible, especially for her, as she has wasted years being angry and enraged that she has not received what she is "owed." Her obsession with this has come at the cost of her health, education, career, and life as well as the health and happiness of our family. At this point she is estranged from most everyone in the family, and those she is not estranged from seem to either absorb her diatribes and verbal assaults as an act of love and familial duty, or pay her the ransom of the moment (rent, medical bill, new computer, etc.) Today, she is not only demanding the portion of my father's pension moving forward, but also back payments for the last 15 years since my mothers death. These demands come of family members, but never once through the courts. It doesn't make any sense to me that children of divorce and subsequent death of a parent would receive a portion of their living parent's pension. Am I off base here? Does she have a case to be made? If that divorce contract clause would have stayed, would it have even been legitimate? I would appreciate any advice you can offer. Thank you!
RESPONSE A: Sounds like the chances of you or another relative convincing your sister of this are between slim and none. Just ignore contact. If for some reason it's impossible to ignore her then tell her to ask her own lawyer to explain it to her.
RESPONSE B: Others have commented with good advice, but nobody so far has mentioned the statute of limitations. Even if she has an ironclad legal position... The fact that her complaint is based upon something that happened / started 15 years ago means she is almost certainly barred by time. She could start an action (any one can, for anything) but the statute of limitations could be raised as defense.
Which response is better? RESPONSE
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B
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POST: verbally and emotionally abused my father and our entire immediate and extended family about this. She has tried to build alliances against my father, played others off each other, been extremely manipulative, demanded agreement that she is right, and demanded mediation (despite no legal challenge to mediate). It has been terrible, especially for her, as she has wasted years being angry and enraged that she has not received what she is "owed." Her obsession with this has come at the cost of her health, education, career, and life as well as the health and happiness of our family. At this point she is estranged from most everyone in the family, and those she is not estranged from seem to either absorb her diatribes and verbal assaults as an act of love and familial duty, or pay her the ransom of the moment (rent, medical bill, new computer, etc.) Today, she is not only demanding the portion of my father's pension moving forward, but also back payments for the last 15 years since my mothers death. These demands come of family members, but never once through the courts. It doesn't make any sense to me that children of divorce and subsequent death of a parent would receive a portion of their living parent's pension. Am I off base here? Does she have a case to be made? If that divorce contract clause would have stayed, would it have even been legitimate? I would appreciate any advice you can offer. Thank you!
RESPONSE A: Tell her to put her money where her mouth is and hire an attorney. Let her take it to court, find out she's in the wrong, AND have to pay for it. That's IF she can find an attorney willing to take it to court. Most of them will just explain that she has no legal standing, and refuse to take the case. Your dad needs to hire a competent elder law attorney and get his affairs in order. If he will allow it, you or another family member should go with him and explain the mentally ill sibling situation.
RESPONSE B: Do what my grandmother did, if anyone contest the will after fathers said death, they get $1. My aunt did this with my mother and siblings, and she got a $1. Still trying to contest it, but nope.
Which response is better? RESPONSE
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B
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POST: to her children. My father and his lawyer challenged this and the clause was removed. So, my mother was receiving a portion of my father's pension payments until she passed. After she passed, my father received the entirety of his pension payments. My sisters and I did not receive anything. My sister has verbally and emotionally abused my father and our entire immediate and extended family about this. She has tried to build alliances against my father, played others off each other, been extremely manipulative, demanded agreement that she is right, and demanded mediation (despite no legal challenge to mediate). It has been terrible, especially for her, as she has wasted years being angry and enraged that she has not received what she is "owed." Her obsession with this has come at the cost of her health, education, career, and life as well as the health and happiness of our family. At this point she is estranged from most everyone in the family, and those she is not estranged from seem to either absorb her diatribes and verbal assaults as an act of love and familial duty, or pay her the ransom of the moment (rent, medical bill, new computer, etc.) Today, she is not only demanding the portion of my father's pension moving forward, but also back payments for the last 15 years since my mothers death. These demands come of family members, but never once through the courts. It doesn't make any sense to me that children of divorce and subsequent death of a parent would receive a portion of their living parent's pension. Am I off base here? Does she have a case to be made? If that divorce contract clause would have stayed, would it have even been legitimate? I would appreciate any advice you can offer. Thank you!
RESPONSE A: Do you know where her sense of entitlement comes from? Did she take care of your Mom before she died? If you think mental health is involved, I'd protect yourself with an attorney first and look into factors not related to money that would cause her to be this way.
RESPONSE B: Do what my grandmother did, if anyone contest the will after fathers said death, they get $1. My aunt did this with my mother and siblings, and she got a $1. Still trying to contest it, but nope.
Which response is better? RESPONSE
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B
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POST: are taking 45 each) * I agree that I can never sue them for any reason. And it goes on. This is the most aggressive contract I've ever read. And they can fuck me any time they want. **The kicker is it has a half page in all capital letters with a disclaimer said in about 10 different ways that I'm agreeing that I'm not 'under duress'. But I am under duress. And they know it. They know I have to sign it or I have no recourse to stop them and they can include whatever they want and I can't negotiate it.** But I have to sign it as is. And they know I can't afford to sue them if they form this company without me, so it's a sign it or get nothing kind of deal. So my question is, since the terms are so egregious, and they know I have no choice and no recourse right now and I am being forced to sign whatever they want, can I go get a document signed that says (in general) > 'I am under duress. They know I have no option or recourse and I have been informed that I either sign the contract the way it is or get nothing and there is nothing I can do about it.' and go get it notarized and dated at the bank before signing the contract. Would this help at all in the future in case of a dispute/lawsuit?
RESPONSE A: Notarizing a document only works to prove that it's you who signed it. There is no magic in notarizing a document that makes it "more legally binding" than anything else. Unless you think that there is a chance that the other side will argue that you didn't sign it, or that you didn't sign it on that day, then this will be no more effective than anything else you write down to that effect. You can choose not to sign the contract with unfavorable terms, or to negotiate better terms if you want. But you can't sign the contract, and then later say get out of it because you didn't really like the terms when you signed it.
RESPONSE B: Your concept of duress is likely no where near what the law actually requires...
Which response is better? RESPONSE
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POST: past 17 years * they have some kind of claim over anything I do in the future bc it derives from the past * I have to do work for this company whenever they want without pay * I'm not allowed to work in my current position or any other position I have before bc I have 'proprietary information' * they can contact any employer I have in the future and prevent me from working in my profession bc of the terms of the contract * they have power of attorney to sign any document in my place, even if I refuse * they can use dilute my stock at any time and not their own (They are only giving me 10 and they are taking 45 each) * I agree that I can never sue them for any reason. And it goes on. This is the most aggressive contract I've ever read. And they can fuck me any time they want. **The kicker is it has a half page in all capital letters with a disclaimer said in about 10 different ways that I'm agreeing that I'm not 'under duress'. But I am under duress. And they know it. They know I have to sign it or I have no recourse to stop them and they can include whatever they want and I can't negotiate it.** But I have to sign it as is. And they know I can't afford to sue them if they form this company without me, so it's a sign it or get nothing kind of deal. So my question is, since the terms are so egregious, and they know I have no choice and no recourse right now and I am being forced to sign whatever they want, can I go get a document signed that says (in general) > 'I am under duress. They know I have no option or recourse and I have been informed that I either sign the contract the way it is or get nothing and there is nothing I can do about it.' and go get it notarized and dated at the bank before signing the contract. Would this help at all in the future in case of a dispute/lawsuit?
RESPONSE A: Your concept of duress is likely no where near what the law actually requires...
RESPONSE B: So why not let them form the company without you?
Which response is better? RESPONSE
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B
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POST: And they can fuck me any time they want. **The kicker is it has a half page in all capital letters with a disclaimer said in about 10 different ways that I'm agreeing that I'm not 'under duress'. But I am under duress. And they know it. They know I have to sign it or I have no recourse to stop them and they can include whatever they want and I can't negotiate it.** But I have to sign it as is. And they know I can't afford to sue them if they form this company without me, so it's a sign it or get nothing kind of deal. So my question is, since the terms are so egregious, and they know I have no choice and no recourse right now and I am being forced to sign whatever they want, can I go get a document signed that says (in general) > 'I am under duress. They know I have no option or recourse and I have been informed that I either sign the contract the way it is or get nothing and there is nothing I can do about it.' and go get it notarized and dated at the bank before signing the contract. Would this help at all in the future in case of a dispute/lawsuit?
RESPONSE A: It sounds to me like these people don't know what they are doing from a legal perspective, and that they have probably written all of the agreements that you have signed thus far, and that they have written the one that they want you to sign now. It sounds like nothing between any of you has ever been reviewed by an actual attorney. If that's the case, then nobody can say what might or might not hold up in court. Do you think that these people owe you anything right now, or that they may owe you something in the future? For instance, you claim to own some % of some businesses with them. Do you hope to get paid for that somehow, someday? If so, then when and how? Why do you need to sign anything with them? Why not just beat the rush and sue them for whatever you believe you have cause to sue them for.
RESPONSE B: Your concept of duress is likely no where near what the law actually requires...
Which response is better? RESPONSE
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A
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POST: reason. And it goes on. This is the most aggressive contract I've ever read. And they can fuck me any time they want. **The kicker is it has a half page in all capital letters with a disclaimer said in about 10 different ways that I'm agreeing that I'm not 'under duress'. But I am under duress. And they know it. They know I have to sign it or I have no recourse to stop them and they can include whatever they want and I can't negotiate it.** But I have to sign it as is. And they know I can't afford to sue them if they form this company without me, so it's a sign it or get nothing kind of deal. So my question is, since the terms are so egregious, and they know I have no choice and no recourse right now and I am being forced to sign whatever they want, can I go get a document signed that says (in general) > 'I am under duress. They know I have no option or recourse and I have been informed that I either sign the contract the way it is or get nothing and there is nothing I can do about it.' and go get it notarized and dated at the bank before signing the contract. Would this help at all in the future in case of a dispute/lawsuit?
RESPONSE A: Your concept of duress is likely no where near what the law actually requires...
RESPONSE B: >Would this help at all in the future in case of a dispute/lawsuit? Not likely. You can't write a document saying that you will soon sign a different document but your signature on the different document shouldn't "count". Of course, it's POSSIBLE that your signature on the different document shouldn't count (for instance, if the person asking you to sign that document was actually holding a real gun to your head at the time). But all you are saying is that for some unstated reasons you think that you are "under duress". Well, that would be up to the court to determine - and your prior document saying that you are "under duress", in and of itself, doesn't prove that you were "under duress".
Which response is better? RESPONSE
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A
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POST: says she doesn’t believe her. She has moved away from my ex, gotten her children out of the same house as him but she has completely changed. She can’t even get out of bed to work anymore. She abuses drugs to cope with the pain. Please tell me this isn’t legal? Just because we all have rights doesn’t actually mean that he can get away with these crimes, does it? I called police. The victim has to press charges because they have since turned 18 is all I’m told. Is that legal? I’ve called police, the sheriff, the abuse hotline & CPS for our state. I’m getting nowhere and I don’t know what legal rights I have. Aren’t you supposed to say something if you see something? Wouldn’t I being risking criminal charges if kept silent and allowed him to keep committing these crimes & more? Please don’t remove my post because I don’t know the legal system well enough to know exactly what the legal definition is of the help that we desperately need. There is a statue of limitations for reporting. Do I just have to pray that my child turns their father in before that? It’s cruel to make a victim have to tell their story over and over again just for a semblance of justice. It’s unimaginable to put your own child through that. Is it legal to force an 18 year old to press charges? Couldn’t they just testify?
RESPONSE A: She is the victim, and if she does not want the investigation to proceed, then it almost certainly will not proceed- there is nothing you can do to change that.
RESPONSE B: >. My child refuses to even get e restraining order out of fear of threats made if they ever spoke out. Then dont try to force her to do something she doesnt want to do. She is an adult and makes her own choices You cannot do anything as this isnt your issue anymore. CPS cannot do anything, she isnt a child. You need to back off and let her control her life. She is already dealing with a lot and having another parent betray her and control her is not going to help. Get some therapy to work through this
Which response is better? RESPONSE
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B
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POST: [OR] Put in my final 30 days notice at an apartment complex. Before I gave them my keys their maintenance crew went through my stuff, drank my alcohol and took some of my electronics. As the title says, before I told them I was gone for good and give them my keys, their maintenance crew scattered all my clothes that were in bags through out the apartment, they consumed my food, used my dryer and left their clothes in it, and stole some of my electronics and cleaning supplies. What do I do next?
RESPONSE A: Did you tell them you were going to be gone by a certain date, but did not turn in the keys on that date? Even so they should have reached out to you to see why keys were not turned in and billed you for any extra days past your move out date. We never enter an apartment unless we have keys or we have made contact with the tenant and they give up PTE. Even then if there is abandon property we call them to come pick it up or let us know it is trash. Talk to the manager and find out where you stuff is.
RESPONSE B: Breaking and Entering, along with theft. Police time, this is a criminal matter.
Which response is better? RESPONSE
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A
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POST: [OR] Put in my final 30 days notice at an apartment complex. Before I gave them my keys their maintenance crew went through my stuff, drank my alcohol and took some of my electronics. As the title says, before I told them I was gone for good and give them my keys, their maintenance crew scattered all my clothes that were in bags through out the apartment, they consumed my food, used my dryer and left their clothes in it, and stole some of my electronics and cleaning supplies. What do I do next?
RESPONSE A: Yeah that's clear theft. Call the police. I can't imagine the look on the face of their as you explain that but if my experiences are anything to go off of, it's usually the same poker face year-round; even for the strangest offenses.
RESPONSE B: Did you tell them you were going to be gone by a certain date, but did not turn in the keys on that date? Even so they should have reached out to you to see why keys were not turned in and billed you for any extra days past your move out date. We never enter an apartment unless we have keys or we have made contact with the tenant and they give up PTE. Even then if there is abandon property we call them to come pick it up or let us know it is trash. Talk to the manager and find out where you stuff is.
Which response is better? RESPONSE
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A
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POST: . I recently got married and moved in with my wife. I procrastinated on moving out of my old apartment. I moved out 75% of my stuff in early August. I basically just had to clean (a lot) and left a table, TV stand, entertainment center/bookshelf and just a bunch of random stuff. I finally got it worked out with management and turned in my 60-day notice on August, 25th. I then sent an email asking if there was a way to adjust the 60-day notice so I didn't have to pay an extra month's month rent. They very clearly declined to say my 60-day notice would start that day (august 25th). A 60-day notice was policy when canceling a lease early. My plan was then to eventually, within the 60 days, finish cleaning/moving out and turn in my keys. Today, September 5th, I get an email titled "final account statement". They billed me 2,800 dollars. Charged me for things like "4 keys not returned and lock change" for 150. "trash out bags(16) and furniture out (5 pieces)" for 650. And a notice fee of 850. I don't even know what that is. Lots of other random charges adding up. So they threw away all my stuff and charged me a lot for doing it? Didn't I have 60 days? I can't contact them today because it's Labor Day but I plan on calling them tomorrow. I've never been involved in anything legal at all, but it seems to me that I have some grounds here? What should I do?
RESPONSE A: You have a right to possession of the premises the entire 60 days. Were your discussions with them in writing? Locate that documentation. If they cannot retrieve your possessions, they may be legally obligated to compensate you for them.
RESPONSE B: When was the end of your lease term? were you a month to month tenant? That's the important question here, because if the end of your lease term was at the end of the 60 days after August 25th then you were illegally evicted. If your lease ended Sept. 1st, for example, then they did nothing wrong.
Which response is better? RESPONSE
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B
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POST: 850. I don't even know what that is. Lots of other random charges adding up. So they threw away all my stuff and charged me a lot for doing it? Didn't I have 60 days? I can't contact them today because it's Labor Day but I plan on calling them tomorrow. I've never been involved in anything legal at all, but it seems to me that I have some grounds here? What should I do?
RESPONSE A: Did you pay September rent? The only way I'd imagine this was ok for management to do was if you told them you abandoned the unit and they followed procedure to declare it as such.
RESPONSE B: > I finally got it worked out with management and turned in my 60-day notice on August, 25th. I then sent an email asking if there was a way to adjust the 60-day notice so I didn't have to pay an extra month's month rent. They very clearly declined to say my 60-day notice would start that day (august 25th). A 60-day notice was policy when canceling a lease early. I think you'll be okay so long as you have documentation of an agreed upon date of vacating the apartment. When I've terminated a lease, I turn in a signed letter saying "I will be out of the apartment by *date*" and they either accept that or have me write a new letter. This sounds to me like an employee at the property office processed your move-out way too early and made a work order for maintenance people to stop over at your place and check it/clean/move out leftover stuff. This person wasn't on the same page as the manager who probably made the call to deny your request to move out early. None of this is your fault, but it is a major mis-understanding on the part of the property management office. I'd be willing to bet if you call them and speak to the head manager they'll reimburse you for your property and waive all fees just to avoid getting into legal hot water. Best case scenario, but if the property manager is smart, they'll eat the cost rather than the embarrassment of having a cop coming in to their office to serve charges.
Which response is better? RESPONSE
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A
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POST: lot for doing it? Didn't I have 60 days? I can't contact them today because it's Labor Day but I plan on calling them tomorrow. I've never been involved in anything legal at all, but it seems to me that I have some grounds here? What should I do?
RESPONSE A: > I finally got it worked out with management and turned in my 60-day notice on August, 25th. I then sent an email asking if there was a way to adjust the 60-day notice so I didn't have to pay an extra month's month rent. They very clearly declined to say my 60-day notice would start that day (august 25th). A 60-day notice was policy when canceling a lease early. I think you'll be okay so long as you have documentation of an agreed upon date of vacating the apartment. When I've terminated a lease, I turn in a signed letter saying "I will be out of the apartment by *date*" and they either accept that or have me write a new letter. This sounds to me like an employee at the property office processed your move-out way too early and made a work order for maintenance people to stop over at your place and check it/clean/move out leftover stuff. This person wasn't on the same page as the manager who probably made the call to deny your request to move out early. None of this is your fault, but it is a major mis-understanding on the part of the property management office. I'd be willing to bet if you call them and speak to the head manager they'll reimburse you for your property and waive all fees just to avoid getting into legal hot water. Best case scenario, but if the property manager is smart, they'll eat the cost rather than the embarrassment of having a cop coming in to their office to serve charges.
RESPONSE B: When was the end of your lease term? were you a month to month tenant? That's the important question here, because if the end of your lease term was at the end of the 60 days after August 25th then you were illegally evicted. If your lease ended Sept. 1st, for example, then they did nothing wrong.
Which response is better? RESPONSE
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B
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POST: only 11 days ago! I live in Texas. I recently got married and moved in with my wife. I procrastinated on moving out of my old apartment. I moved out 75% of my stuff in early August. I basically just had to clean (a lot) and left a table, TV stand, entertainment center/bookshelf and just a bunch of random stuff. I finally got it worked out with management and turned in my 60-day notice on August, 25th. I then sent an email asking if there was a way to adjust the 60-day notice so I didn't have to pay an extra month's month rent. They very clearly declined to say my 60-day notice would start that day (august 25th). A 60-day notice was policy when canceling a lease early. My plan was then to eventually, within the 60 days, finish cleaning/moving out and turn in my keys. Today, September 5th, I get an email titled "final account statement". They billed me 2,800 dollars. Charged me for things like "4 keys not returned and lock change" for 150. "trash out bags(16) and furniture out (5 pieces)" for 650. And a notice fee of 850. I don't even know what that is. Lots of other random charges adding up. So they threw away all my stuff and charged me a lot for doing it? Didn't I have 60 days? I can't contact them today because it's Labor Day but I plan on calling them tomorrow. I've never been involved in anything legal at all, but it seems to me that I have some grounds here? What should I do?
RESPONSE A: When was the end of your lease term? were you a month to month tenant? That's the important question here, because if the end of your lease term was at the end of the 60 days after August 25th then you were illegally evicted. If your lease ended Sept. 1st, for example, then they did nothing wrong.
RESPONSE B: Did you pay September rent? The only way I'd imagine this was ok for management to do was if you told them you abandoned the unit and they followed procedure to declare it as such.
Which response is better? RESPONSE
|
A
|
POST: day notice only 11 days ago! I live in Texas. I recently got married and moved in with my wife. I procrastinated on moving out of my old apartment. I moved out 75% of my stuff in early August. I basically just had to clean (a lot) and left a table, TV stand, entertainment center/bookshelf and just a bunch of random stuff. I finally got it worked out with management and turned in my 60-day notice on August, 25th. I then sent an email asking if there was a way to adjust the 60-day notice so I didn't have to pay an extra month's month rent. They very clearly declined to say my 60-day notice would start that day (august 25th). A 60-day notice was policy when canceling a lease early. My plan was then to eventually, within the 60 days, finish cleaning/moving out and turn in my keys. Today, September 5th, I get an email titled "final account statement". They billed me 2,800 dollars. Charged me for things like "4 keys not returned and lock change" for 150. "trash out bags(16) and furniture out (5 pieces)" for 650. And a notice fee of 850. I don't even know what that is. Lots of other random charges adding up. So they threw away all my stuff and charged me a lot for doing it? Didn't I have 60 days? I can't contact them today because it's Labor Day but I plan on calling them tomorrow. I've never been involved in anything legal at all, but it seems to me that I have some grounds here? What should I do?
RESPONSE A: Op. Pay your September rent right now so they have absolutely nothing to stand on. I don't care if it means driving 2 hours tonight. Get a check to them ASAP.
RESPONSE B: When was the end of your lease term? were you a month to month tenant? That's the important question here, because if the end of your lease term was at the end of the 60 days after August 25th then you were illegally evicted. If your lease ended Sept. 1st, for example, then they did nothing wrong.
Which response is better? RESPONSE
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A
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POST: USPS delivering my packages to a pay-to-access parcel locker at my apartment complex rather than use my mailbox or deliver to my door I’m assuming this has to be illegal. I’m interested if anyone has a citation for me especially, but I’d be happy for confirmation about whether this is legal or not. My apartment complex had a parcel locker installed a few months ago, where packages can be delivered and you get them at your convenience, and the packages are safe from porch pirates in the meantime. I tried to sign up, but it isn’t a free service, so I opted out. Since then, all my packages were delivered to my door or mailbox, but last week the postal service delivered two of my packages to the parcel locker. The apartment complex won’t help and told me to just sign up for an account to get my packages, and do it quick because the longer they sit in the locker, the more the parcel locker will charge me. I’ve asked Usps to look into it, but after 3 business days I’ve gotten no response. I can’t access several of my packages delivered by USPS now, and two more packages are being delivered by them this week. If it is illegal, is my apartment complex, the parcel locker, or USPS the one violating the law? If it matters, the state is North Carolina. Any help is much appreciated.
RESPONSE A: I'd tell the company they are in possession of your property and you want to give them a chance to return it before you involve the police and the shipping company. If they refuse, just tell USPS that you didn't receive the package and you want to start a claim. Suggest that the company is holding your packages hostage and you have no contract with them. They might send a legal letter encouraging them to provide your property.
RESPONSE B: Just looking at the USPS manual, it looks like the building management is responsible for providing a delivery point for the USPS, which they have done with the parcel locker. This means that you have a beef with the landlord, not the USPS. Since they are charging for the locker, it is essentially a rent increase.
Which response is better? RESPONSE
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B
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POST: USPS delivering my packages to a pay-to-access parcel locker at my apartment complex rather than use my mailbox or deliver to my door I’m assuming this has to be illegal. I’m interested if anyone has a citation for me especially, but I’d be happy for confirmation about whether this is legal or not. My apartment complex had a parcel locker installed a few months ago, where packages can be delivered and you get them at your convenience, and the packages are safe from porch pirates in the meantime. I tried to sign up, but it isn’t a free service, so I opted out. Since then, all my packages were delivered to my door or mailbox, but last week the postal service delivered two of my packages to the parcel locker. The apartment complex won’t help and told me to just sign up for an account to get my packages, and do it quick because the longer they sit in the locker, the more the parcel locker will charge me. I’ve asked Usps to look into it, but after 3 business days I’ve gotten no response. I can’t access several of my packages delivered by USPS now, and two more packages are being delivered by them this week. If it is illegal, is my apartment complex, the parcel locker, or USPS the one violating the law? If it matters, the state is North Carolina. Any help is much appreciated.
RESPONSE A: uspis.gov This might be below their paygrade, but they will get back to you. And if they are able to help, I almost feel sorry for your landlord. These guys are serious.
RESPONSE B: Contact the postal inspectors office. There are many federal laws surrounding your right to unhindered delivery of mail. Meaning they can be fined or imprisoned for keeping your package. https://www.law.cornell.edu/uscode/text/18/1708 Also please be kind to your postal employees. Many of them are working 6 or 7 days a week and rarely get out after 8 hours in a day. Its a very stressful job no matter where you are in usps.
Which response is better? RESPONSE
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B
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POST: mailbox or deliver to my door I’m assuming this has to be illegal. I’m interested if anyone has a citation for me especially, but I’d be happy for confirmation about whether this is legal or not. My apartment complex had a parcel locker installed a few months ago, where packages can be delivered and you get them at your convenience, and the packages are safe from porch pirates in the meantime. I tried to sign up, but it isn’t a free service, so I opted out. Since then, all my packages were delivered to my door or mailbox, but last week the postal service delivered two of my packages to the parcel locker. The apartment complex won’t help and told me to just sign up for an account to get my packages, and do it quick because the longer they sit in the locker, the more the parcel locker will charge me. I’ve asked Usps to look into it, but after 3 business days I’ve gotten no response. I can’t access several of my packages delivered by USPS now, and two more packages are being delivered by them this week. If it is illegal, is my apartment complex, the parcel locker, or USPS the one violating the law? If it matters, the state is North Carolina. Any help is much appreciated.
RESPONSE A: It's weird that they delivered to the locker even though you never opted in. You should have a case against the apartment office if they give you any BS. But at the same time, a parcel locker is like $20 one time payment with fees for leaving packages in them longer than 3 days. I would say that the effort fighting this is not worth $20, and my apartment package locker gives me peace of mind that I won't have packages stolen.
RESPONSE B: Contact the postal inspectors office. There are many federal laws surrounding your right to unhindered delivery of mail. Meaning they can be fined or imprisoned for keeping your package. https://www.law.cornell.edu/uscode/text/18/1708 Also please be kind to your postal employees. Many of them are working 6 or 7 days a week and rarely get out after 8 hours in a day. Its a very stressful job no matter where you are in usps.
Which response is better? RESPONSE
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