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pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
heht9my
|
hei7ifd
| 1,632,763,931 | 1,632,770,410 | 68 | 463 |
Lawyer here. Not your lawyer. You should seek the advice of local counsel. An attractive nuisance is very fact specific and it is relative to the age and maturity of the minor involved. A trampoline in your front yard might entice a 5 year old to jump on it and it could be held to be an attractive nuisance, but if a 17 year old jumped on it, it wouldn't be an attractive nuisance. The reason for the difference is the legal standard contemplates whether the attraction of the item out weighs the maturity of the minor who otherwise should know to stay off the private property. Also, don't contact your insurance until you are formally sued.
|
People recommending "Call your homeowners insurance company" clearly don't understand how it works. Insurance companies look for *any* reason to increase your rates, including this one. Simply asking a question about this as a "hypothetical question" is reason enough for them. When I bought my first home I viewed homeowners insurance no differently than car insurance. I'd file a claim if the damage incurred was greater than my deductible. Pretty simple, right? **WRONG!!** We had a water pipe break (causing about $3k in damage), severe hail storm causing roughly same level of damage and a modest tree fall onto the house garage after big storm. All occurred within a three-year period. Did they pay the claim? Absolutely, no problem. THEN we received a letter stating they're dropping coverage. WTF? They collected well over $15k in premiums from us, so still profitable for them, so what gives? Ended up calling 4-5 more insurers and could NOT GET COVERAGE because too many claims within 3-5 year period. Almost stuck with lender forced place insurance at 300% premium to previous prices. Fortunately, called the insurance commissioner's office and they set me up with agency specifically for people in our position. Damn lucky. **SO DON'T CONTACT HOMEOWNERS INSURANCE UNTIL LEGALLY OBLIGATED TO DO SO**. Read your policy or hire someone to explain the reporting requirements. It's far less expensive and you'll likely achieve a better outcome paying an attorney $1,500 to handle this than taking advice from random Redditors, including me!
| 0 | 6,479 | 6.808824 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
hehob1y
|
hei7ifd
| 1,632,761,629 | 1,632,770,410 | 13 | 463 |
You should report it to your homeowners insurance regardless because it is a part of the policy conditions that you will always notify them of potential claims immediately. That does not mean they will pay the claim. Your policy is there to defend you. With that said you may have a medical pay portion of the policy that pays out a small amount ($5,000) if someone gets hurt on your property regardless of liability.
|
People recommending "Call your homeowners insurance company" clearly don't understand how it works. Insurance companies look for *any* reason to increase your rates, including this one. Simply asking a question about this as a "hypothetical question" is reason enough for them. When I bought my first home I viewed homeowners insurance no differently than car insurance. I'd file a claim if the damage incurred was greater than my deductible. Pretty simple, right? **WRONG!!** We had a water pipe break (causing about $3k in damage), severe hail storm causing roughly same level of damage and a modest tree fall onto the house garage after big storm. All occurred within a three-year period. Did they pay the claim? Absolutely, no problem. THEN we received a letter stating they're dropping coverage. WTF? They collected well over $15k in premiums from us, so still profitable for them, so what gives? Ended up calling 4-5 more insurers and could NOT GET COVERAGE because too many claims within 3-5 year period. Almost stuck with lender forced place insurance at 300% premium to previous prices. Fortunately, called the insurance commissioner's office and they set me up with agency specifically for people in our position. Damn lucky. **SO DON'T CONTACT HOMEOWNERS INSURANCE UNTIL LEGALLY OBLIGATED TO DO SO**. Read your policy or hire someone to explain the reporting requirements. It's far less expensive and you'll likely achieve a better outcome paying an attorney $1,500 to handle this than taking advice from random Redditors, including me!
| 0 | 8,781 | 35.615385 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
hehs8it
|
hehob1y
| 1,632,763,477 | 1,632,761,629 | 268 | 13 |
No, that's not an attractive nuisance. Yes, your property leads to someplace the kid wanted to go to. But, that's true of EVERY trespassing case. In Illinois, there is a negligence rule: was the risk to trespassing children foreseeable and what would the expense be in ameliorating that risk? Do a lot of your kids use your backyard as a shortcut? I have a hard time seeing where a hose poses a foreseeable risk. Kid wasn't paying attention and tripped in your yard. If it were me, I wouldn't call your homeowners insurance, at least not until you hear back from these people. In the meantime, though, I'd lock the back gate.
|
You should report it to your homeowners insurance regardless because it is a part of the policy conditions that you will always notify them of potential claims immediately. That does not mean they will pay the claim. Your policy is there to defend you. With that said you may have a medical pay portion of the policy that pays out a small amount ($5,000) if someone gets hurt on your property regardless of liability.
| 1 | 1,848 | 20.615385 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
hehob1y
|
heht9my
| 1,632,761,629 | 1,632,763,931 | 13 | 68 |
You should report it to your homeowners insurance regardless because it is a part of the policy conditions that you will always notify them of potential claims immediately. That does not mean they will pay the claim. Your policy is there to defend you. With that said you may have a medical pay portion of the policy that pays out a small amount ($5,000) if someone gets hurt on your property regardless of liability.
|
Lawyer here. Not your lawyer. You should seek the advice of local counsel. An attractive nuisance is very fact specific and it is relative to the age and maturity of the minor involved. A trampoline in your front yard might entice a 5 year old to jump on it and it could be held to be an attractive nuisance, but if a 17 year old jumped on it, it wouldn't be an attractive nuisance. The reason for the difference is the legal standard contemplates whether the attraction of the item out weighs the maturity of the minor who otherwise should know to stay off the private property. Also, don't contact your insurance until you are formally sued.
| 0 | 2,302 | 5.230769 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
heii29t
|
heiebzy
| 1,632,775,175 | 1,632,773,499 | 46 | 35 |
Definitely do a police report. And then, personally, I would get a "No Tresspassing" sign and put it on your gate!
|
Just wanted to chime in regarding "Call your insurance company/Don't call your insurance company." My company was sued and our insurance company denied the claim because we didn't inform them about it when it was still just a threat. They want the chance to get ahead of these things before it goes to court. If you don't tell them until the day you are served, they won't help you at all. If you tell them in a timely fashion, they'll defend you in court then drop you or raise your rates. If you don't tell them in a timely fashion they pretend you don't exist and continue to take your monthly payments. You can't win with these guys.
| 1 | 1,676 | 1.314286 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
heii29t
|
hehob1y
| 1,632,775,175 | 1,632,761,629 | 46 | 13 |
Definitely do a police report. And then, personally, I would get a "No Tresspassing" sign and put it on your gate!
|
You should report it to your homeowners insurance regardless because it is a part of the policy conditions that you will always notify them of potential claims immediately. That does not mean they will pay the claim. Your policy is there to defend you. With that said you may have a medical pay portion of the policy that pays out a small amount ($5,000) if someone gets hurt on your property regardless of liability.
| 1 | 13,546 | 3.538462 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
hehob1y
|
heid0me
| 1,632,761,629 | 1,632,772,905 | 13 | 47 |
You should report it to your homeowners insurance regardless because it is a part of the policy conditions that you will always notify them of potential claims immediately. That does not mean they will pay the claim. Your policy is there to defend you. With that said you may have a medical pay portion of the policy that pays out a small amount ($5,000) if someone gets hurt on your property regardless of liability.
|
Illinois does not have an "attractive nuisance law" and in any case this wouldn't fit the definition. An "attractive nuisance" is something that looks like fun to kids and is not secured but is pretty obviously dangerous. A shortcut through your property is not an attractive nuisance. In this instance, you owe this child the duty you would owe to a trespasser - which is not to set up anything intending to harm trespassers. Also, a hose would likely constitute an open and obvious condition. The danger of tripping over a water hose on the ground would be considered open and obvious to a child of 12-13. Further a "reasonable 12-13 year-old", the standard a minor is held to, would know it is unlawful to trespass on a stranger's property.
| 0 | 11,276 | 3.615385 |
pwin84
|
legaladvice_train
| 0.98 |
Is my backyard an attractive nuisance? Kid cut through fenced in back yard and fell, family wants me to pay for injury (ILLINOIS) My back and side yard are fenced in. The side fence runs along the side of my house, where there is a gate that is visible from the street. There is a second gate parallel to it at the back of my yard that lets out into the field surrounding the local middle school. My kids used that back gate to get to school quickly. Some kid I don't know walked across my whole front yard to get to the side yard gate, opened that gate without permission, and proceeded to try to cut across my backyard to get to the school, (this makes for an effective shortcut, as it cuts out an entire street and evades a crossing guard). He tripped over the water hose and got himself a bloody nose and hurt wrist. He came pounding on my back door. I called the school, the school called his parents, his mom asked me to call my homeowners insurance and then took him to the urgent care. They gave me their number and left before I could stop being flustered enough to object. Again, I don't even know this kid and have never given him or anyone else permission to enter my yard. My kids didn't give him permission, either, they are in college or in primary school, and the kid who crossed my yard is 12 or 13. Basically, my kids are much too old or young to know him. I'm concerned that if I contact my homeowner's insurance they'll raise my rates regardless, (I've read something like that here). And while I don't ultimately have a problem calling them, I'd like some reassurance that my fenced in and gated backyard isn't somehow an attractive nuisance since it leads to a destination one can expect a child to want to get to.
|
heiebzy
|
hehob1y
| 1,632,773,499 | 1,632,761,629 | 35 | 13 |
Just wanted to chime in regarding "Call your insurance company/Don't call your insurance company." My company was sued and our insurance company denied the claim because we didn't inform them about it when it was still just a threat. They want the chance to get ahead of these things before it goes to court. If you don't tell them until the day you are served, they won't help you at all. If you tell them in a timely fashion, they'll defend you in court then drop you or raise your rates. If you don't tell them in a timely fashion they pretend you don't exist and continue to take your monthly payments. You can't win with these guys.
|
You should report it to your homeowners insurance regardless because it is a part of the policy conditions that you will always notify them of potential claims immediately. That does not mean they will pay the claim. Your policy is there to defend you. With that said you may have a medical pay portion of the policy that pays out a small amount ($5,000) if someone gets hurt on your property regardless of liability.
| 1 | 11,870 | 2.692308 |
b0uj5a
|
legaladvice_train
| 0.86 |
[CA] The neighbor’s kids keep peeping over the fence and keep messing with my Doberman and I’m scared they’re going to get bit or they’re going to poison him. I already have a “Beware of dog” sign posted in my backyard. What else can I do? The kids have also jumped the fence into my yard and I just saw them feeding something to another neighbor’s dog. I have reprimanded them twice and they still don’t listen. Next time I do it, I’m going to ask for their parents and tell them something. What more can I do in a situation like this?
|
eih9clf
|
eih9472
| 1,552,528,580 | 1,552,528,413 | 18 | 13 |
I wouldn’t wait to talk to their parents, I would talk to them ASAP. And if they refuse to do anything you could call the non emergency police line and talk to someone. How old are these kids?
|
Do you have cameras?
| 1 | 167 | 1.384615 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3nl9d
|
cs3nb8j
| 1,434,065,804 | 1,434,065,302 | 117 | 94 |
If it's a real attorney's name, send him a letter asking for the easement paperwork. Include the original letter, so he can see what she's up to in his name.
|
If it makes you feel any better, there's almost no chance that letter was written by an actual attorney. Any decent attorney would mention some real laws and have real organization as opposed to demanding you "stop the bullying". Is your landlord willing to help you deal with the issue?
| 1 | 502 | 1.244681 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3nf0o
|
cs3nl9d
| 1,434,065,493 | 1,434,065,804 | 22 | 117 |
This was not written by an attorney. If it were it would be on their office's letterhead, and the email address would not be your cable companies. I would look to see if that person is even an attorney. All this is is an angry person trying to scare you. Unless she has recordings of you harassing her, there is no way she could prove any of her claims. And using this letter you can establish harassment, deception, and miss representation. Especially if the "lawyer" isn't real.
|
If it's a real attorney's name, send him a letter asking for the easement paperwork. Include the original letter, so he can see what she's up to in his name.
| 0 | 311 | 5.318182 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3nl9d
|
cs3naeb
| 1,434,065,804 | 1,434,065,261 | 117 | 12 |
If it's a real attorney's name, send him a letter asking for the easement paperwork. Include the original letter, so he can see what she's up to in his name.
|
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
| 1 | 543 | 9.75 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3naeb
|
cs3nb8j
| 1,434,065,261 | 1,434,065,302 | 12 | 94 |
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
|
If it makes you feel any better, there's almost no chance that letter was written by an actual attorney. Any decent attorney would mention some real laws and have real organization as opposed to demanding you "stop the bullying". Is your landlord willing to help you deal with the issue?
| 0 | 41 | 7.833333 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3nyli
|
cs3nf0o
| 1,434,066,464 | 1,434,065,493 | 32 | 22 |
Get a "real" attorney to reply. and again BEAR BOARDS. Cut what ever path she is using off. And very obvious cameras. She will get pissed and try to destroy the obstacle. If there is no easement on the deed or common areas(if this a condo or HOA) she is thinking that by using it in the past she has a prescriptive easement. Start having her towed. No parking zone, the town probably has a contract to have it towed. plus all that other stuff below.
|
This was not written by an attorney. If it were it would be on their office's letterhead, and the email address would not be your cable companies. I would look to see if that person is even an attorney. All this is is an angry person trying to scare you. Unless she has recordings of you harassing her, there is no way she could prove any of her claims. And using this letter you can establish harassment, deception, and miss representation. Especially if the "lawyer" isn't real.
| 1 | 971 | 1.454545 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3naeb
|
cs3nyli
| 1,434,065,261 | 1,434,066,464 | 12 | 32 |
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
|
Get a "real" attorney to reply. and again BEAR BOARDS. Cut what ever path she is using off. And very obvious cameras. She will get pissed and try to destroy the obstacle. If there is no easement on the deed or common areas(if this a condo or HOA) she is thinking that by using it in the past she has a prescriptive easement. Start having her towed. No parking zone, the town probably has a contract to have it towed. plus all that other stuff below.
| 0 | 1,203 | 2.666667 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3naeb
|
cs3nf0o
| 1,434,065,261 | 1,434,065,493 | 12 | 22 |
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
|
This was not written by an attorney. If it were it would be on their office's letterhead, and the email address would not be your cable companies. I would look to see if that person is even an attorney. All this is is an angry person trying to scare you. Unless she has recordings of you harassing her, there is no way she could prove any of her claims. And using this letter you can establish harassment, deception, and miss representation. Especially if the "lawyer" isn't real.
| 0 | 232 | 1.833333 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3naeb
|
cs3vmpy
| 1,434,065,261 | 1,434,080,596 | 12 | 19 |
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
|
If that is an attorney, he must have gone to Clown University. Note, she may have violated the law by impersonating an attorney.
| 0 | 15,335 | 1.583333 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3vmpy
|
cs3vc9e
| 1,434,080,596 | 1,434,080,036 | 19 | 8 |
If that is an attorney, he must have gone to Clown University. Note, she may have violated the law by impersonating an attorney.
|
If this is California, then I can look into whether or not the neighbor has an easement over your property. I'm not an attorney. I might be able to provide a copy of the easement if it exists, and you can then pass that to your attorney. PM me with your and your neighbors address and I'll see what I can do. No guarantees but I'm happy to help if I can.
| 1 | 560 | 2.375 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3u2gi
|
cs3vmpy
| 1,434,077,617 | 1,434,080,596 | 5 | 19 |
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
|
If that is an attorney, he must have gone to Clown University. Note, she may have violated the law by impersonating an attorney.
| 0 | 2,979 | 3.8 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs40ciw
|
cs3naeb
| 1,434,093,333 | 1,434,065,261 | 17 | 12 |
Lol, is that letter for real? That is the most bush league lawyering I've ever seen in my life. "you even physically assaulted a petite woman" "you have also been unnecessarily moving garbage cans" If that guy IS a real attorney he sounds pretty fucking clueless.
|
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
| 1 | 28,072 | 1.416667 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs40ciw
|
cs3x3hy
| 1,434,093,333 | 1,434,083,797 | 17 | 13 |
Lol, is that letter for real? That is the most bush league lawyering I've ever seen in my life. "you even physically assaulted a petite woman" "you have also been unnecessarily moving garbage cans" If that guy IS a real attorney he sounds pretty fucking clueless.
|
This comment has been overwritten by an open source script to protect this user's privacy. If you would like to do the same, add the browser extension GreaseMonkey to Firefox and add this open source script. Then simply click on your username on Reddit, go to the comments tab, and hit the new OVERWRITE button at the top.
| 1 | 9,536 | 1.307692 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3vc9e
|
cs40ciw
| 1,434,080,036 | 1,434,093,333 | 8 | 17 |
If this is California, then I can look into whether or not the neighbor has an easement over your property. I'm not an attorney. I might be able to provide a copy of the easement if it exists, and you can then pass that to your attorney. PM me with your and your neighbors address and I'll see what I can do. No guarantees but I'm happy to help if I can.
|
Lol, is that letter for real? That is the most bush league lawyering I've ever seen in my life. "you even physically assaulted a petite woman" "you have also been unnecessarily moving garbage cans" If that guy IS a real attorney he sounds pretty fucking clueless.
| 0 | 13,297 | 2.125 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs40ciw
|
cs3x4b1
| 1,434,093,333 | 1,434,083,853 | 17 | 7 |
Lol, is that letter for real? That is the most bush league lawyering I've ever seen in my life. "you even physically assaulted a petite woman" "you have also been unnecessarily moving garbage cans" If that guy IS a real attorney he sounds pretty fucking clueless.
|
That is an atrocious letter. Complain to the state bar.
| 1 | 9,480 | 2.428571 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs40ciw
|
cs3u2gi
| 1,434,093,333 | 1,434,077,617 | 17 | 5 |
Lol, is that letter for real? That is the most bush league lawyering I've ever seen in my life. "you even physically assaulted a petite woman" "you have also been unnecessarily moving garbage cans" If that guy IS a real attorney he sounds pretty fucking clueless.
|
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
| 1 | 15,716 | 3.4 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs402cb
|
cs40ciw
| 1,434,092,341 | 1,434,093,333 | 7 | 17 |
I work in mortgage finance, and if there's an easement, it's easily located through public records (as long as your county has made the information available, that is). Try checking http://publicrecords.netronline.com/ and lookup your county. Lookup the County Recorder for the county, and then look into your property and her property. If there's no such easement found, then ask her to produce it. Any easement is subordinate to pre-existing surveys and property divisons. If she cannot produce the easement, then the property divisions take precedent. It's her responsibility to present documented proof of the easement, not yours.
|
Lol, is that letter for real? That is the most bush league lawyering I've ever seen in my life. "you even physically assaulted a petite woman" "you have also been unnecessarily moving garbage cans" If that guy IS a real attorney he sounds pretty fucking clueless.
| 0 | 992 | 2.428571 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3naeb
|
cs3x3hy
| 1,434,065,261 | 1,434,083,797 | 12 | 13 |
You can look up the attorney to see if they are real. I agree that it doesn't sound very legal. Ultimately it is up to your landlord what to do. You should look at setting up cameras to record everything. Just in case
|
This comment has been overwritten by an open source script to protect this user's privacy. If you would like to do the same, add the browser extension GreaseMonkey to Firefox and add this open source script. Then simply click on your username on Reddit, go to the comments tab, and hit the new OVERWRITE button at the top.
| 0 | 18,536 | 1.083333 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3x3hy
|
cs3vc9e
| 1,434,083,797 | 1,434,080,036 | 13 | 8 |
This comment has been overwritten by an open source script to protect this user's privacy. If you would like to do the same, add the browser extension GreaseMonkey to Firefox and add this open source script. Then simply click on your username on Reddit, go to the comments tab, and hit the new OVERWRITE button at the top.
|
If this is California, then I can look into whether or not the neighbor has an easement over your property. I'm not an attorney. I might be able to provide a copy of the easement if it exists, and you can then pass that to your attorney. PM me with your and your neighbors address and I'll see what I can do. No guarantees but I'm happy to help if I can.
| 1 | 3,761 | 1.625 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3u2gi
|
cs3x3hy
| 1,434,077,617 | 1,434,083,797 | 5 | 13 |
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
|
This comment has been overwritten by an open source script to protect this user's privacy. If you would like to do the same, add the browser extension GreaseMonkey to Firefox and add this open source script. Then simply click on your username on Reddit, go to the comments tab, and hit the new OVERWRITE button at the top.
| 0 | 6,180 | 2.6 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4748l
|
cs3vc9e
| 1,434,116,520 | 1,434,080,036 | 11 | 8 |
Oh my god, that letter is *adorable*. If that was written by a lawyer, I'd love to actually face them in court.
|
If this is California, then I can look into whether or not the neighbor has an easement over your property. I'm not an attorney. I might be able to provide a copy of the easement if it exists, and you can then pass that to your attorney. PM me with your and your neighbors address and I'll see what I can do. No guarantees but I'm happy to help if I can.
| 1 | 36,484 | 1.375 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3x4b1
|
cs4748l
| 1,434,083,853 | 1,434,116,520 | 7 | 11 |
That is an atrocious letter. Complain to the state bar.
|
Oh my god, that letter is *adorable*. If that was written by a lawyer, I'd love to actually face them in court.
| 0 | 32,667 | 1.571429 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4748l
|
cs3u2gi
| 1,434,116,520 | 1,434,077,617 | 11 | 5 |
Oh my god, that letter is *adorable*. If that was written by a lawyer, I'd love to actually face them in court.
|
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
| 1 | 38,903 | 2.2 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4748l
|
cs402cb
| 1,434,116,520 | 1,434,092,341 | 11 | 7 |
Oh my god, that letter is *adorable*. If that was written by a lawyer, I'd love to actually face them in court.
|
I work in mortgage finance, and if there's an easement, it's easily located through public records (as long as your county has made the information available, that is). Try checking http://publicrecords.netronline.com/ and lookup your county. Lookup the County Recorder for the county, and then look into your property and her property. If there's no such easement found, then ask her to produce it. Any easement is subordinate to pre-existing surveys and property divisons. If she cannot produce the easement, then the property divisions take precedent. It's her responsibility to present documented proof of the easement, not yours.
| 1 | 24,179 | 1.571429 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4748l
|
cs4386e
| 1,434,116,520 | 1,434,105,311 | 11 | 2 |
Oh my god, that letter is *adorable*. If that was written by a lawyer, I'd love to actually face them in court.
|
You already got a lot of good advice. One thing I'd like to add: please update when you get this resolved. Things aren't looking good for the woman and the lawyer.
| 1 | 11,209 | 5.5 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3u2gi
|
cs3vc9e
| 1,434,077,617 | 1,434,080,036 | 5 | 8 |
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
|
If this is California, then I can look into whether or not the neighbor has an easement over your property. I'm not an attorney. I might be able to provide a copy of the easement if it exists, and you can then pass that to your attorney. PM me with your and your neighbors address and I'll see what I can do. No guarantees but I'm happy to help if I can.
| 0 | 2,419 | 1.6 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3x4b1
|
cs3u2gi
| 1,434,083,853 | 1,434,077,617 | 7 | 5 |
That is an atrocious letter. Complain to the state bar.
|
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
| 1 | 6,236 | 1.4 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs3u2gi
|
cs402cb
| 1,434,077,617 | 1,434,092,341 | 5 | 7 |
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
|
I work in mortgage finance, and if there's an easement, it's easily located through public records (as long as your county has made the information available, that is). Try checking http://publicrecords.netronline.com/ and lookup your county. Lookup the County Recorder for the county, and then look into your property and her property. If there's no such easement found, then ask her to produce it. Any easement is subordinate to pre-existing surveys and property divisons. If she cannot produce the easement, then the property divisions take precedent. It's her responsibility to present documented proof of the easement, not yours.
| 0 | 14,724 | 1.4 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4b5ud
|
cs3u2gi
| 1,434,123,549 | 1,434,077,617 | 6 | 5 |
I am of the firm opinion that good fences help make for good neighbors, add some cameras for more help.
|
Be sure to send a letter to this lawyer with "Some idiot is signing your name on stupid letters".
| 1 | 45,932 | 1.2 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4b5ud
|
cs4386e
| 1,434,123,549 | 1,434,105,311 | 6 | 2 |
I am of the firm opinion that good fences help make for good neighbors, add some cameras for more help.
|
You already got a lot of good advice. One thing I'd like to add: please update when you get this resolved. Things aren't looking good for the woman and the lawyer.
| 1 | 18,238 | 3 |
39iiyj
|
legaladvice_train
| 0.97 |
(CA) Neighbor moved my trash can so it wasn't emptied, frequently tresspasses on my property claiming she has an easement, and now sent my landlord claiming she is going to sue. **Intro --** I have a troublesome neighbor who I know I have done nothing wrong to. I live at 4311, she lives immediately to the east of me at 4307, and my landlord lives immediately to the west of me at 4315. I am literally in the middle of a neighbor war. **Context --** A few weeks back, my neighbor at 4307 who I will call Jane was caught moving my trashcan so it would not be emptied by my neighbor from down the street. She denies it ever happened. She moved it because it was in her handicap parking space on the road in our neighborhood. On the north side of the road where her car is parked is clearly indicated as a 'no parking zone' due to the road's narrow width. Even if it was a parking zone, it's not indicated as being a parking space by paint, or signage as required by ADA compliance. I went to our city manager asking for clarification if I am placing my garbage can in an incorrect location. She stated that she should not be parking there, and will have code enforcement cite her for doing so. As a result she is now parking in the alley and walking on my property to get inside her home even though she can walk through her own property to get inside it. I have sent her a few messages on facebook asking her to not use my property as a thoroughfare and she wrote back saying she has an easement to the property which my landlord and I have both failed to find any evidence of either verbal or written. **The Letter --** I got a call from my landlord stating that she sent a letter from an attorney claiming she will sue if we do not comply with things. I have reasons to believe that most, if not the entire letter was written by her due to some peculiar details. Click to view. Just looking for advice on what I should do to remain out of litigation, and keep her from moving my garbage can, and keep her off my property.
|
cs4386e
|
cs51ii8
| 1,434,105,311 | 1,434,174,414 | 2 | 5 |
You already got a lot of good advice. One thing I'd like to add: please update when you get this resolved. Things aren't looking good for the woman and the lawyer.
|
So, your neighbor is a Reverend? Interesting.
| 0 | 69,103 | 2.5 |
zmv96v
|
legaladvice_train
| 0.97 |
Neighbor is demanding I cut my own tree's roots on his property (CA) I recently bought a home in a small coastal town in Northern California. Part of the reason I bought the property were the large trees that dotted the lot. One of these trees is a decent sized redwood. Probably ~30 years old or so, and it's right in the corner of the fence line. About 20 years ago (as far as I can tell from records) my neighbor built an additional home right up against that property line. Now he's split his property and is trying to sell that house, but surprise surprise, potential buyers don't like the look of massive redwood roots encroaching on the foundation. Even though I've been the owner of this home for less than 6 months, suddenly I need to jump into action to deal fix this in order to make it easier for him to sell his home. He talked to me about it less than a week ago, but now is following up with more pointed texts. I know CA law has some standards of maintenance to deal with dangerous trees or avert property damage, but it isn't currently doing any damage, and if he wants permission to get someone to do it himself I would absolutely be happy to give that to him, but he seems really invested in this idea that the sole responsibility is on me. How much of this responsibility do I actually bear? Do I need to deal with this tree immediately, or since he built his adu basically on top of a redwood is it his fault for poor planning?
|
j0dmnit
|
j0ddni2
| 1,671,140,899 | 1,671,137,389 | 141 | 122 |
No, you don't need to pay for anything here. > if he wants permission to get someone to do it himself I would absolutely be happy to give that to him No, don't do that. Basically, you have a decision to make here - are you okay with negotiating an arrangement where the tree is destroyed / removed to benefit your neighbor? If not, just tell him that you don't want him destroying your tree and you will hold him liable if he does. You might want to talk to an arborist in advance about (1) what the tree is worth and (2) to what degree root cutting would damage the tree. And also (3) whether the tree is healthy and poses a hazard to structures on anyone's property. If you ARE okay with negotiating to having the tree taken down or destroyed, you should next check your local laws and see if that's something YOU are allowed to agree to. Some places restrict you from damaging or destroying redwoods, such as San Mateo. If you're allowed to agree to this (or you can get permission), then you can negotiate a deal with your neighbor; it's reasonable for you to expect to *receive* money here rather than pay money, since the tree is valuable and you don't have any reason to want it to be taken down and in fact prefer it the way it is.
|
California Civil Code Section 833 https://law.justia.com/codes/california/2011/civ/division-2/829-834/833/ Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. https://legalbeagle.com/7454514-tree-maintenance-law-california.html In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. Property owner Booska had a 40-year-old pine tree whose roots extended into Patel's yard. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. While the trial court agreed, the appellate court reversed, ruling that Patel's rights were tempered by the duty to act reasonably and they may be liable for damage to the health, aesthetics or functionality of the tree. ETA: your town or county may have additional laws protecting redwoods or heritage trees
| 1 | 3,510 | 1.155738 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig7a2m7
|
ig4jrzp
| 1,657,845,172 | 1,657,805,898 | 71 | 40 |
Would highly recommend you get an Arborist out to your property ASAP to document that your trees are healthy, safe and protected because it sounds like your neighbor might accidentally on purpose cut your trees down when you are not around. Tree law is not to be f\*\*ked with and if your trees are very old they are more than likely considered protected and valuable.
|
Pay for an arborist to come check the trees, ensure they are healthy. Then tell the neighbor you have no intention of cutting them down and you will sue him if he does it without your permission. Maybe post a sign on the trees that says no trespassing do not cut trees down. If a tree is sick, it will be worth the cost of removing it to avoid issues if it falls in the future.
| 1 | 39,274 | 1.775 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig79j80
|
ig7a2m7
| 1,657,844,927 | 1,657,845,172 | 38 | 71 |
Cameras. Attorney. In my jurisdiction, the person whose house it falls on is responsible for all damages, unless they can prove the tree was 1 diseased/dying/dangerous and 2. you knew it. That rarely happens. You need to know your liability risk where you live. Even if you don’t give permission, they may still cut or damage your trees. If so, you’ll need proof.
|
Would highly recommend you get an Arborist out to your property ASAP to document that your trees are healthy, safe and protected because it sounds like your neighbor might accidentally on purpose cut your trees down when you are not around. Tree law is not to be f\*\*ked with and if your trees are very old they are more than likely considered protected and valuable.
| 0 | 245 | 1.868421 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig736aj
|
ig7a2m7
| 1,657,842,023 | 1,657,845,172 | 17 | 71 |
On top of what others are suggesting, I would definitely recommend checking your local building code. Theres a chance you'll be able to find it online, I would check your city/county website. I live in Virginia and in our city there's a certain setback distance from the property line on all sides that you are not allowed to build permanent structures in. Maybe you could also get someone from the city and mark the property line for you so you can see if his building is too close? You don't even have to involve the neighbors, just make the excuse that you were interested in putting up a fence or something if the neighbors get jumpy.
|
Would highly recommend you get an Arborist out to your property ASAP to document that your trees are healthy, safe and protected because it sounds like your neighbor might accidentally on purpose cut your trees down when you are not around. Tree law is not to be f\*\*ked with and if your trees are very old they are more than likely considered protected and valuable.
| 0 | 3,149 | 4.176471 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig67pdk
|
ig7a2m7
| 1,657,829,124 | 1,657,845,172 | 13 | 71 |
Check your zoning. Your county may have rules on how close buildings can be to the property line.
|
Would highly recommend you get an Arborist out to your property ASAP to document that your trees are healthy, safe and protected because it sounds like your neighbor might accidentally on purpose cut your trees down when you are not around. Tree law is not to be f\*\*ked with and if your trees are very old they are more than likely considered protected and valuable.
| 0 | 16,048 | 5.461538 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig79j80
|
ig736aj
| 1,657,844,927 | 1,657,842,023 | 38 | 17 |
Cameras. Attorney. In my jurisdiction, the person whose house it falls on is responsible for all damages, unless they can prove the tree was 1 diseased/dying/dangerous and 2. you knew it. That rarely happens. You need to know your liability risk where you live. Even if you don’t give permission, they may still cut or damage your trees. If so, you’ll need proof.
|
On top of what others are suggesting, I would definitely recommend checking your local building code. Theres a chance you'll be able to find it online, I would check your city/county website. I live in Virginia and in our city there's a certain setback distance from the property line on all sides that you are not allowed to build permanent structures in. Maybe you could also get someone from the city and mark the property line for you so you can see if his building is too close? You don't even have to involve the neighbors, just make the excuse that you were interested in putting up a fence or something if the neighbors get jumpy.
| 1 | 2,904 | 2.235294 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig79j80
|
ig67pdk
| 1,657,844,927 | 1,657,829,124 | 38 | 13 |
Cameras. Attorney. In my jurisdiction, the person whose house it falls on is responsible for all damages, unless they can prove the tree was 1 diseased/dying/dangerous and 2. you knew it. That rarely happens. You need to know your liability risk where you live. Even if you don’t give permission, they may still cut or damage your trees. If so, you’ll need proof.
|
Check your zoning. Your county may have rules on how close buildings can be to the property line.
| 1 | 15,803 | 2.923077 |
vyu0zb
|
legaladvice_train
| 0.94 |
Neighbor is knowingly building his house right next to very tall trees on my side of the property line. Do any of you know the legal precedents/liability if a tree were to fall and damage his house in the future? My neighbor recently bought the land next to the wooded area of my property (In North Carolina). He has roughly 5 acres, but chose to build very close to the property line due to drainage issues. He cleared the wooded area on his side to make room for his build. He and his builder have been texting me saying they want permission to cut 5 huge trees (like well over 200 ft tall) down on my side of the property because they could fall on his house. I like these trees, as they provide a the only buffer between the two properties (he cut down all of the trees on his side) and they are beautiful to look at. I feel like it’s not fair for him to cut down all of the trees on his side that were providing wind protection for my trees on my property, knowingly build a house under my trees and then blame me for not cutting my trees down if they fall on his property. Any advice?
|
ig736aj
|
ig67pdk
| 1,657,842,023 | 1,657,829,124 | 17 | 13 |
On top of what others are suggesting, I would definitely recommend checking your local building code. Theres a chance you'll be able to find it online, I would check your city/county website. I live in Virginia and in our city there's a certain setback distance from the property line on all sides that you are not allowed to build permanent structures in. Maybe you could also get someone from the city and mark the property line for you so you can see if his building is too close? You don't even have to involve the neighbors, just make the excuse that you were interested in putting up a fence or something if the neighbors get jumpy.
|
Check your zoning. Your county may have rules on how close buildings can be to the property line.
| 1 | 12,899 | 1.307692 |
yuekfx
|
legaladvice_train
| 0.91 |
Neighbor cut down a tree on my property without my consent. I'm in CO USA I have a tree (about 7feet tall) in my backyard that is close to the fence. The root and body of the tree is on my property, It grows big and part of the branch and leaves are indeed over my neighbor's side. I came back from work and noticed the tree got cut down so I went over and asked if my neighbor has seen anyone that did that. And he said he did it because he didn't like the way it was (as in big and and over to his side) so he cut it down without asking me. Like I don't know how to process this. I do want the tree to be there and I'm pretty sure there is no way he can do that to things on my property ? What can I do in this situation ?
|
iwasl04
|
iwa00i9
| 1,668,407,388 | 1,668,391,196 | 51 | 12 |
Once you have talked to an arborist, take your neighbor to court. Established trees are worth big money. IDK why he would think that standing in his yard and cutting down a tree in your yard would be a good idea. He needs to pay for his actions. He's only allowed to cut the portion that overhangs onto his property.
|
How did he get into your backyard to cut down the tree?
| 1 | 16,192 | 4.25 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikol563
|
ikosq9q
| 1,660,757,460 | 1,660,760,298 | 186 | 307 |
If you were negligent you could be held liable. Depending on exactly how uneven your stones are and your maintenance history of the walkway you could be negligent here. If the condition of the path is an issue either fix it and continue to maintain it so it is safe or tell her to stay off.
|
Even if you do all the reasonable and proper things, someone could get hurt (on this or other potential hazards you haven't even considered). For this reason, I think it is pretty important to carry a lot of liability coverage. It usually doesn't cost too much and makes me more relaxed. And by a lot I mean at least $2m. Of course you should still address any hazards that you know about and maintain your property with an eye towards safety.
| 0 | 2,838 | 1.650538 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikosq9q
|
ikoo9gr
| 1,660,760,298 | 1,660,758,625 | 307 | 13 |
Even if you do all the reasonable and proper things, someone could get hurt (on this or other potential hazards you haven't even considered). For this reason, I think it is pretty important to carry a lot of liability coverage. It usually doesn't cost too much and makes me more relaxed. And by a lot I mean at least $2m. Of course you should still address any hazards that you know about and maintain your property with an eye towards safety.
|
Would moving the mailbox so they don't have to use the path be an option?
| 1 | 1,673 | 23.615385 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikoycdc
|
ikoo9gr
| 1,660,762,387 | 1,660,758,625 | 111 | 13 |
If it were me, I'd tell her she needs to stop using it. I know that sounds harsh, but chances are you'd be liable if she fell even if you improved the conditions. FL lawyers would likely find a way to make you responsible. And I'd be worried if she fell it could be ugly. When elderly people fall, they break bones easily. A broken hip in an eldery person has caused many a death. They break a hip, become immobile and go downhill crazy fast! If something like that happens, then I'd be worried that the family (her heirs/estate) would come after me in a lawsuit. Could you offer to take her mail to her as a compromise?
|
Would moving the mailbox so they don't have to use the path be an option?
| 1 | 3,762 | 8.538462 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikoo9gr
|
ikp8paj
| 1,660,758,625 | 1,660,766,282 | 13 | 45 |
Would moving the mailbox so they don't have to use the path be an option?
|
Do you own the land above and below the black "My Property" line? In CA, mailboxes typically face the street and are accessible from a concrete sidewalk so the postman can deposit the mail with minimal effort. For this reason alone, it seems strange to me that the mailbox does not face the street.
| 0 | 7,657 | 3.461538 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikp3bg8
|
ikp8paj
| 1,660,764,264 | 1,660,766,282 | 12 | 45 |
Have her sign a liability waiver? She chooses to take this path because it is more convenient for her. But that doesn't mean you would have to pay for her choice.
|
Do you own the land above and below the black "My Property" line? In CA, mailboxes typically face the street and are accessible from a concrete sidewalk so the postman can deposit the mail with minimal effort. For this reason alone, it seems strange to me that the mailbox does not face the street.
| 0 | 2,018 | 3.75 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikp8paj
|
ikoznxl
| 1,660,766,282 | 1,660,762,878 | 45 | 8 |
Do you own the land above and below the black "My Property" line? In CA, mailboxes typically face the street and are accessible from a concrete sidewalk so the postman can deposit the mail with minimal effort. For this reason alone, it seems strange to me that the mailbox does not face the street.
|
Do you have homeowners insurance?
| 1 | 3,404 | 5.625 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
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ikp8paj
|
ikp5oqm
| 1,660,766,282 | 1,660,765,162 | 45 | 7 |
Do you own the land above and below the black "My Property" line? In CA, mailboxes typically face the street and are accessible from a concrete sidewalk so the postman can deposit the mail with minimal effort. For this reason alone, it seems strange to me that the mailbox does not face the street.
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In answer to your question, if you know she's on it every day and it's really not safe for her, then you have some potential liability. That liability may be covered by your homeowners' insurance, but it's still not something you want to have happen. How many mailboxes in the shared mailbox? Is it just you and your neighbor? Depending on cost, the lay of the land and who else is involved, you might just want to move the mailbox so it's right next to her property. That way you avoid the problem and she has much less distance to walk.
| 1 | 1,120 | 6.428571 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
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ikp3bg8
|
ikoznxl
| 1,660,764,264 | 1,660,762,878 | 12 | 8 |
Have her sign a liability waiver? She chooses to take this path because it is more convenient for her. But that doesn't mean you would have to pay for her choice.
|
Do you have homeowners insurance?
| 1 | 1,386 | 1.5 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikpwlrf
|
ikoznxl
| 1,660,775,404 | 1,660,762,878 | 9 | 8 |
Not a lawyer but work in personal injury... basic answer is yes. homeowners insurance should cover this and someone else did mention looking into getting umbrella coverage which would be good. but essentially if something happens you would be receiving notice in the mail to forward to ur insurance. if it comes to filing suit, your name would be in the complaint/court system, likely raising ur insurance premiums etc. however you wont pay for medical damages or anything, your insurance will. again if it comes to filing suit, your insurance should provide you with a lawyer unless of course you hire a private lawyer. if you think the curb is a hazard, you likely need to raise that issue with the township or borough and confirm that that is their responsibility (create a paper trail). they should have information on property boundaries and whether that includes the curb. EDIT: the township might even be able to help move her mailbox to her property and solve this problem altogether. why tf is she an elderly woman with a walker who has to walk a distance for her mail?? tldr/important note: (with insurance) you personally are not liable for covering any medical bills etc that a fall would create. if you want to be proactive and make repairs, your insurance may help cover it (especially if you raise concerns such as being liable for a fall, gotta work the angle there) but you yourself may pay primarily for the work that needs to be done.
|
Do you have homeowners insurance?
| 1 | 12,526 | 1.125 |
wqur4b
|
legaladvice_train
| 0.97 |
Am I liable at all if my neighbor falls on my property? Location is Florida. My elderly neighbor uses a stone pathway on my property to access a shared mailbox. If she were to fall on the uneven stones, would I be liable for any injuries? This pathway was created by the previous owners of my property. I have not discussed the usage of the pathway with the elderly neighbor. I have drawn a diagram showing the situation: Diagram Here
|
ikp5oqm
|
ikpwlrf
| 1,660,765,162 | 1,660,775,404 | 7 | 9 |
In answer to your question, if you know she's on it every day and it's really not safe for her, then you have some potential liability. That liability may be covered by your homeowners' insurance, but it's still not something you want to have happen. How many mailboxes in the shared mailbox? Is it just you and your neighbor? Depending on cost, the lay of the land and who else is involved, you might just want to move the mailbox so it's right next to her property. That way you avoid the problem and she has much less distance to walk.
|
Not a lawyer but work in personal injury... basic answer is yes. homeowners insurance should cover this and someone else did mention looking into getting umbrella coverage which would be good. but essentially if something happens you would be receiving notice in the mail to forward to ur insurance. if it comes to filing suit, your name would be in the complaint/court system, likely raising ur insurance premiums etc. however you wont pay for medical damages or anything, your insurance will. again if it comes to filing suit, your insurance should provide you with a lawyer unless of course you hire a private lawyer. if you think the curb is a hazard, you likely need to raise that issue with the township or borough and confirm that that is their responsibility (create a paper trail). they should have information on property boundaries and whether that includes the curb. EDIT: the township might even be able to help move her mailbox to her property and solve this problem altogether. why tf is she an elderly woman with a walker who has to walk a distance for her mail?? tldr/important note: (with insurance) you personally are not liable for covering any medical bills etc that a fall would create. if you want to be proactive and make repairs, your insurance may help cover it (especially if you raise concerns such as being liable for a fall, gotta work the angle there) but you yourself may pay primarily for the work that needs to be done.
| 0 | 10,242 | 1.285714 |
9lequ8
|
legaladvice_train
| 0.92 |
Can we have a verbally abusive Hospital Tech kept away from our son? (Pennsylvania) My fifteen year old son has autism, and severe depression/anxiety. He was hospitalized last week after his anxiety got out of control at school and he engaged in some self-harm. He's fine physically and is actually doing well in the hospital. Right now they're just waiting to see how he is handling the medication increases and changes, and it looks like he'll be home early next week. The staff seems great for the most part, and his therapist in particular has been fantastic. But there's been one staffer who has been anything but, and I'm concerned about his further interactions with her. This person is a tech, not a nurse, and the following occurred on a Sunday (the day after his admission) when the weekly staff is not there. Patients get one phone call/day, and while he was talking to his mother he started crying. There's a lot of reasons for this, beyond the obvious one of being a teenager in a mental hospital who really missed being home: he hadn't received his second dosage of his anti-anxiety meds, he was getting a lot of teasing by older/bigger kids, and on an social/emotional level he's functionally about eight years old even though on a physical and intellectual level he's fifteen. The tech cut the call short, about three minutes in, telling him that if he was going to cry he had to hang up. This part, my wife clearly heard. What follows we know only from my son's account, but in our experience he's a reliable witness and a terrible liar. He continued crying after he was forced to hang up, and she told him to "Shut up." He then began punching himself in the head, as he often does when he's blaming himself over getting in trouble, and her response was to tell him to "...hit yourself harder." We called the next day and we were told that there is no policy forbidding kids to cry when they're on the phone. If they're upsetting another patient, something might be said, but our son was alone with the tech when this happened. When we spoke to him later that day and got the rest of the story, we called back and spoke to a supervisor who seemed to be taking this accusation very seriously indeed. We were told that the hospital's director was going to get involved, and that we would be kept informed. Three days later, we've heard nothing on this front. While I am fairly confident that the situation will be addressed, I want to be damned sure that he's not going to have to deal with this woman over the weekend. Someone who would treat an emotionally disturbed child like that has no business working with such kids in the first place, and I am frankly concerned that she might be prove to be vindictive as well. He's there to heal, and he flat-out told me that he's very scared of this woman. What is the hospital obliged to tell us? And do we have the legal right to demand that this woman is NOT to work with him? It's probably needless to ask for this, as I suspect that they'll be separating them of their own accord, but the lack of updates makes me nervous and when I call tomorrow I want to actually know what our rights are. It's hard not to be paranoid under the circumstances, particular when we're several hours away and can only speak to him for a brief period in the evenings. On a related note, do they need to tell us how or if this situation is resolved internally? She's working with a lot of high risk kids, most of them in worse shape than my son, and has the potential to do a lot of damage. ​
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e767d9s
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e76igfr
| 1,538,682,666 | 1,538,692,020 | 46 | 66 |
Not a lawyer: >What is the hospital obliged to tell us? Should the complaint be substantiated, they are not obligated to divulge internal actions taken against their employee. If the employee is reassigned, they may notify you that the employee no longer represents an issue. >And do we have the legal right to demand that this woman is NOT to work with him? It's probably needless to ask for this, as I suspect that they'll be separating them of their own accord, but the lack of updates makes me nervous and when I call tomorrow I want to actually know what our rights are. It's hard not to be paranoid under the circumstances, particular when we're several hours away and can only speak to him for a brief period in the evenings. You can demand anything you want, but they do not have to abide by your demands. If you do not feel that your child is being adequately treated, you may arrange to have him transported to a different facility. You may also report the incident to your State's Medical Board and/or Department of Health. As it relates to suing the hospital, you would need to speak to a Medical Malpractice Attorney - whether or not your son's self-inflicted harm could be attributed to negligence on behalf of the Hospital would depend on many different factors, to include if the Hospital addressed the issue once it became known. It would be hard to demonstrate that your son's mental distress was a result of the actions taken by the Tech; staff are typically authorized to monitor phone calls and utilize discretion in ending the call should the patient become too emotionally volatile. If you want a quick follow-up on the issue, a polite, scheduled, in-person meeting with the appropriate Hospital Administrator would be your best bet. If you plan on seeking representation, do not divulge this action nor use it to threaten compliance - they will route all communication through their Legal Dept and will be less inclined to assist you.
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Hi, I think your concerns are absolutely legitimate and warrant a serious and considered response from hospital administration. Most states have a “Patients Bill of Rights” that apply to hospitals and here is what a Google search unveiled for Pennsylvania: https://www.pacode.com/secure/data/055/chapter5100/s5100.53.html I’m glad you are meeting with the hospital and I hope everything is resolved at the meeting. But, in an abundance of caution, I would document everything in a letter. Make sure you write down the names of the administrators with whom you meet. Send another letter after the meeting that documents the substance of the conversation, including any promises. Because this tech is working with an extremely vulnerable population, your letters serve to give the hospital written notice that this person is not fit to work in such an environment. If this person continues to work with other mental health patients, particularly children, without sufficient training or supervision, I would be seriously alarmed. And this is simply for background information - most states have a Department of Health and Human Services or some type of agency that monitors licensed hospitals and other medical facilities. You can always check their websites to understand what laws apply to hospitals, your rights as a patient, and to make a complaint, if necessary. Best of luck to you and your family!
| 0 | 9,354 | 1.434783 |
9lequ8
|
legaladvice_train
| 0.92 |
Can we have a verbally abusive Hospital Tech kept away from our son? (Pennsylvania) My fifteen year old son has autism, and severe depression/anxiety. He was hospitalized last week after his anxiety got out of control at school and he engaged in some self-harm. He's fine physically and is actually doing well in the hospital. Right now they're just waiting to see how he is handling the medication increases and changes, and it looks like he'll be home early next week. The staff seems great for the most part, and his therapist in particular has been fantastic. But there's been one staffer who has been anything but, and I'm concerned about his further interactions with her. This person is a tech, not a nurse, and the following occurred on a Sunday (the day after his admission) when the weekly staff is not there. Patients get one phone call/day, and while he was talking to his mother he started crying. There's a lot of reasons for this, beyond the obvious one of being a teenager in a mental hospital who really missed being home: he hadn't received his second dosage of his anti-anxiety meds, he was getting a lot of teasing by older/bigger kids, and on an social/emotional level he's functionally about eight years old even though on a physical and intellectual level he's fifteen. The tech cut the call short, about three minutes in, telling him that if he was going to cry he had to hang up. This part, my wife clearly heard. What follows we know only from my son's account, but in our experience he's a reliable witness and a terrible liar. He continued crying after he was forced to hang up, and she told him to "Shut up." He then began punching himself in the head, as he often does when he's blaming himself over getting in trouble, and her response was to tell him to "...hit yourself harder." We called the next day and we were told that there is no policy forbidding kids to cry when they're on the phone. If they're upsetting another patient, something might be said, but our son was alone with the tech when this happened. When we spoke to him later that day and got the rest of the story, we called back and spoke to a supervisor who seemed to be taking this accusation very seriously indeed. We were told that the hospital's director was going to get involved, and that we would be kept informed. Three days later, we've heard nothing on this front. While I am fairly confident that the situation will be addressed, I want to be damned sure that he's not going to have to deal with this woman over the weekend. Someone who would treat an emotionally disturbed child like that has no business working with such kids in the first place, and I am frankly concerned that she might be prove to be vindictive as well. He's there to heal, and he flat-out told me that he's very scared of this woman. What is the hospital obliged to tell us? And do we have the legal right to demand that this woman is NOT to work with him? It's probably needless to ask for this, as I suspect that they'll be separating them of their own accord, but the lack of updates makes me nervous and when I call tomorrow I want to actually know what our rights are. It's hard not to be paranoid under the circumstances, particular when we're several hours away and can only speak to him for a brief period in the evenings. On a related note, do they need to tell us how or if this situation is resolved internally? She's working with a lot of high risk kids, most of them in worse shape than my son, and has the potential to do a lot of damage. ​
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e76kihf
|
e76vbm0
| 1,538,693,899 | 1,538,703,938 | 6 | 24 |
Call the facility again and explain your concerns. Make it clear that the only resolution you are looking for is that the tech not be assigned to the unit your son is on. You are not looking to sue the faculty or lodge a formal complaint with the licensing agency, nor are you asking for information on internal investigation or disciplinary action - you simply want your son to have a calm and safe environment. I work inpatient psych/chemical dependency and being rotated to another unit can happen for all sorts of reasons - a prior relationship with the patient, an personal conflict, even a resemblance to a past abuser.
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I've worked in a psychiatric hospital, a psychiatric crisis unit and outpatient psych as well as many other spots in the hospital as a medical student. I've seen a lot of discrepancy (to say the least) regarding when a patient wishes to not have *that particular nurse do the blood draws, or *that particular tech isnt going to clean my room, or just in general patients having beef with techs. I can't tell you exactly what you can legally do, but I can tell you a bit how most hospitals work, and how it works at my hospital. Your son is under the care of the hospital. Under parens patriae they are required to provide him healthcare since they are holding him against his will. They are to do this humanely. Obviously, they have failed to do this. More specifically, there is a specific floor tech who is particularly pathologic. So, what can you do? Two things, call up the hospital and demand to speak to the social worker or case manager for your child. Every patient should have one, even if theres very little social work involved. This is their JOB. Call them and ask what your options are. Be frank and polite. If they do not mention it specifically, ask about a Patient's Rights Advocate. What will the outcome of this be? The employer might get a strike on their record. I'm really sorry, but thats about it. In the psych units, the technicians are very protected and can get away with a lot. I've seen some pretty brutal interactions between technicians and psych patients that could have easily been avoided. SECONDLY: The social worker, patients rights advocate, or case manager may tell you what rights you have regarding visitation and calling your child. Ask that this be verbalized to the techs. Ask for updates on how your child is doing. You may not be able to talk to the child but you shouldn't be left in the dark. I don't suggest demanding to speak to the Attending Physician or the Doctor in charge, or a Nurse, they are part of the treatment team and play no role in which technicians do what. Instead, I think talking to the social worker is your best bet in not only getting in touch with your son more, but understanding his course of treatment, how many more days he might have in the hospital, what difficulties came up today, etc. As far as your last question: >On a related note, do they need to tell us how or if this situation is resolved internally? She's working with a lot of high risk kids, most of them in worse shape than my son, and has the potential to do a lot of damage. At the hospital I work at, no. I personally would fire the tech on the spot if I could. I can't imagine what your going through. But realistically we are talking about high risk patients, being verbally abused. They probably won't tell you if the person is fired, or reprimanded, or if the matter is resolved. Again, the social worker is your friend here. The social worker might be able to update you on this. They might even help you file the complaint (if they dont... patient's rights advocate).
| 0 | 10,039 | 4 |
5aqhvs
|
legaladvice_train
| 0.74 |
Tenant is renting house out on AirBnB Evidence on AirBnB of renting out house multiple times. Violates subletting clause in lease. Neighbor contacted me about the number of people coming and going. Violation of nuisance section of the lease. AirBnB 'guests' included dogs. Violation of pets prohibition in lease. Short term rentals are not allowed under municipal code. Violation of unlawful use clause in the lease. Posted a '3 day cure or quit' notice, but trust (and lease agreement) clearly violated. Best course of action to early termination? (In California)
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d9ihfup
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d9igxlc
| 1,478,101,985 | 1,478,101,383 | 12 | 5 |
Move forward with eviction. Contact Air BnB so they pull the listing.
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It sounds like you have good standing on everything. I have no idea so if someone can inform me, does someone staying a night technically count as subletting? Is it because money was exchanged?
| 1 | 602 | 2.4 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
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cuumuue
|
cuumlyp
| 1,441,734,472 | 1,441,734,096 | 52 | 6 |
> I did not have renter's insurance. That is an incredibly ignorant decision. The AirBnB coverage is not perfect, and there are lots of things that could happen that could leave you on the hook. Perhaps this is a time to educate yourself on the benefits of renters insurance, especially since there seems to be a good chance that you're now going to find it difficult to live in your apartment for the time being.
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Would a tenants renters insurance cover commercial use of space via airbnb?
| 1 | 376 | 8.666667 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
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cuumlyp
|
cuumyzu
| 1,441,734,096 | 1,441,734,644 | 6 | 33 |
Would a tenants renters insurance cover commercial use of space via airbnb?
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Have you contacted Airbnb? They say that effective 1/15/15 their Host Protection Insurance will provide primary liability coverage even if you don't have your own renters/homeowners policy.
| 0 | 548 | 5.5 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
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cuv18lv
|
cuuqyps
| 1,441,757,400 | 1,441,740,641 | 10 | 9 |
Were you even allowed to sublet in your lease with your landlord? If not you are probably on the hook for all damages. Is your landlord aware you were renting out to airbnb? Even if you had renter's insurance, if you sub'ed when you weren't allowed to I don't think your renter's insurance would necessarily cover that. And if not allowed you've committed an act that could get you evicted to boot. Not a smart play, OP. Hope your lease allows subletting, and beyond that, short-term subletting. Which I doubt, but hope spings eternal...
|
Does your lease even permit subletting and/or short term rentals like this?
| 1 | 16,759 | 1.111111 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuuqyps
|
cuumlyp
| 1,441,740,641 | 1,441,734,096 | 9 | 6 |
Does your lease even permit subletting and/or short term rentals like this?
|
Would a tenants renters insurance cover commercial use of space via airbnb?
| 1 | 6,545 | 1.5 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuun4sj
|
cuuqyps
| 1,441,734,889 | 1,441,740,641 | 3 | 9 |
First find out why the toilet flooded.
|
Does your lease even permit subletting and/or short term rentals like this?
| 0 | 5,752 | 3 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuumlyp
|
cuv18lv
| 1,441,734,096 | 1,441,757,400 | 6 | 10 |
Would a tenants renters insurance cover commercial use of space via airbnb?
|
Were you even allowed to sublet in your lease with your landlord? If not you are probably on the hook for all damages. Is your landlord aware you were renting out to airbnb? Even if you had renter's insurance, if you sub'ed when you weren't allowed to I don't think your renter's insurance would necessarily cover that. And if not allowed you've committed an act that could get you evicted to boot. Not a smart play, OP. Hope your lease allows subletting, and beyond that, short-term subletting. Which I doubt, but hope spings eternal...
| 0 | 23,304 | 1.666667 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuuvnl2
|
cuv18lv
| 1,441,747,848 | 1,441,757,400 | 3 | 10 |
FYI you don't need to "flush a toilet" to be the owner responsible for it
|
Were you even allowed to sublet in your lease with your landlord? If not you are probably on the hook for all damages. Is your landlord aware you were renting out to airbnb? Even if you had renter's insurance, if you sub'ed when you weren't allowed to I don't think your renter's insurance would necessarily cover that. And if not allowed you've committed an act that could get you evicted to boot. Not a smart play, OP. Hope your lease allows subletting, and beyond that, short-term subletting. Which I doubt, but hope spings eternal...
| 0 | 9,552 | 3.333333 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuuvbhg
|
cuv18lv
| 1,441,747,330 | 1,441,757,400 | 5 | 10 |
And a big missing piece to the entire puzzle here - do you rent your apartment? (Rent stabilized? Controlled?) Do you own it? (If owned, is it a co-op or condo?)
|
Were you even allowed to sublet in your lease with your landlord? If not you are probably on the hook for all damages. Is your landlord aware you were renting out to airbnb? Even if you had renter's insurance, if you sub'ed when you weren't allowed to I don't think your renter's insurance would necessarily cover that. And if not allowed you've committed an act that could get you evicted to boot. Not a smart play, OP. Hope your lease allows subletting, and beyond that, short-term subletting. Which I doubt, but hope spings eternal...
| 0 | 10,070 | 2 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuv18lv
|
cuun4sj
| 1,441,757,400 | 1,441,734,889 | 10 | 3 |
Were you even allowed to sublet in your lease with your landlord? If not you are probably on the hook for all damages. Is your landlord aware you were renting out to airbnb? Even if you had renter's insurance, if you sub'ed when you weren't allowed to I don't think your renter's insurance would necessarily cover that. And if not allowed you've committed an act that could get you evicted to boot. Not a smart play, OP. Hope your lease allows subletting, and beyond that, short-term subletting. Which I doubt, but hope spings eternal...
|
First find out why the toilet flooded.
| 1 | 22,511 | 3.333333 |
3k4ai5
|
legaladvice_train
| 0.89 |
Brooklyn, NY - Toilet flooded while my apartment was rented out via Airbnb, downstairs neighbor is claiming water damage to his computer/other valuables and wants to sue me Hi all. So, I rented my apartment out for a few days, went on vacation and came back the night before my renters were scheduled to leave. I stayed down the street at a friend's house. Woke up in the morning to a text that my toilet had overflowed in the night. The renters claimed that they didn't flush anything other than toilet paper in there, ever, and were surprised when it started overflowing. My neighbor noticed that his ceiling was flooding, came upstairs, helped them to dry the floor and then left. I wasn't around for any of this. As soon as I woke up and saw the texts I came home. The renters left. I tried to talk to my neighbor but he told me he will be lawyering up, that he will be suing me for damage to his computer (which was under the leaky ceiling) and some other things that were damaged, and that if I want I can then sue Airbnb for damages. Any guidance here? Do you think Airbnb will cover the damage? I know I'm supposed to be covered up to 1,000,000 but this is to a neighbor's unit. I don't know if he is insured. I did not have renter's insurance. I know it is stupid to not have renter's insurance. I bought a policy this morning. I don't think I am responsible here, subletters or not, because I didn't flush the toilet, I didn't flood the floor, I didn't install the plumbing, etc.
|
cuuvbhg
|
cuun4sj
| 1,441,747,330 | 1,441,734,889 | 5 | 3 |
And a big missing piece to the entire puzzle here - do you rent your apartment? (Rent stabilized? Controlled?) Do you own it? (If owned, is it a co-op or condo?)
|
First find out why the toilet flooded.
| 1 | 12,441 | 1.666667 |
zu5r2t
|
legaladvice_train
| 0.86 |
I have been receiving parcels from my apartment’s previous tenants for 12 months now, am about to move out and don’t know what to do with everything Austin, Texas. I have been receiving mail/parcels from my unit’s previous tenant for an entire year now and contacted USPS to return to sender all the mail a while ago so that issue has been solved. My local FedEx and UPS on the other have both said they don’t do pick ups for this type of thing, and I have been continuing to receive parcels via these couriers for the past year. I don’t even have a car so if I wanted to go in person to the couriers to return the packages I’d have to manually move now 50+ lbs (there’s tools and what sounds like sand in some) of parcels miles by hand. What can I do here? I’m about to move out soon and have no way to contact the previous tenants. Can I just throw them out?
|
j1hfxk9
|
j1h9kp5
| 1,671,879,782 | 1,671,874,065 | 87 | 36 |
Did you notify the landlord/leasing office? Even if they cannot give you the previous tenant's info, they might be able to contact them
|
Not sure if this works for residential stuff, but try returning them/contacting FedEx and say they are "Undeliverable" instead of as a return.
| 1 | 5,717 | 2.416667 |
zu5r2t
|
legaladvice_train
| 0.86 |
I have been receiving parcels from my apartment’s previous tenants for 12 months now, am about to move out and don’t know what to do with everything Austin, Texas. I have been receiving mail/parcels from my unit’s previous tenant for an entire year now and contacted USPS to return to sender all the mail a while ago so that issue has been solved. My local FedEx and UPS on the other have both said they don’t do pick ups for this type of thing, and I have been continuing to receive parcels via these couriers for the past year. I don’t even have a car so if I wanted to go in person to the couriers to return the packages I’d have to manually move now 50+ lbs (there’s tools and what sounds like sand in some) of parcels miles by hand. What can I do here? I’m about to move out soon and have no way to contact the previous tenants. Can I just throw them out?
|
j1i3urj
|
j1i1fw1
| 1,671,895,360 | 1,671,894,087 | 11 | 7 |
ONE call each to UPS and FedEx letting them know about the problem. Tell them the parcels are out front (or wherever they delivered them) and they should come retrieve them. If they are still there after a reasonable period of time, say two weeks, then you've more than fulfilled your obligation and whatever happens to them is no longer your concern. If convenient for you, you can take them to a shipping center and turn them over to avoid any suspicion of "stealing", though that isn't a characterization I would agree with. I have zero patience for going thru a maze of customer service reps and phone menus, multiple times each, with multiple shippers for multiple packages. One call each is all they get. The rest of this is on the addressee to maintain accurate addresses with folks.
|
Call 1-800-Go-FedEx. It's hard to get a hold of a person but the prompts on the line should lead you to where you need to talk to. Explain to them you have all of these packages addressed to someone else but with your address. Don't forget to mention you don't have a car so you're unable to take them to a local FedEx drop off. They can send a driver to pick them up and send them back to the terminal. Same thing for UPS. Or, since it's been so long and no one has come to claim their packages, assume that the previous tenant received a replacement already since you have packages that are 6+ months old and no one has ever knocked on your door to retrieve a misdelivered package. Put a sign outside with FREE on it and call it a day. Just take the delivery labels off of them. Edit: I work for FedEx. If the customer never received their package even though we delivered it, the customer can file a claim stating so. Drivers are then tasked to attempt recovery of the item and if they cannot retrieve it, FedEx will replace it. This process happens immediately, within 24hrs of the customer claiming they never received their package. If you still have packages that are over 3 months old, you can probably bet money that the item has already been replaced or the customer never claimed it to be lost in the first place. Edit #2: Any driver can honestly pick the package up without having their boss tell them to do so. We have people called "Quality Assurance," who deal with packages likes the ones you're talking about. The driver can load them onto their truck, give them to QA and tell them they're undeliverable packages. All of those packages will be redelivered to the correct customer (if a forwarding address is a available) or they will be returned to sender.
| 1 | 1,273 | 1.571429 |
7pkc11
|
legaladvice_train
| 0.95 |
Got bullied into quitting my job by my coworkers and boss after I reported a popular guy at work for harassment. Hey, I hope this is the right place for this...I mentioned this on reddit and someone recommended that I post here. I worked at a pretty well known chain restaurant in IL up until Monday. Beginning since a couple months ago one of my coworkers decided that he was going to start bothering me into going on dates with him. I said no I was friends with his gf and I thought that'd be the end of that. Nope, he just got more insistent. I kept saying no, and then he began to do things like "accidently" push me and cause me to drop a tray, stand way too close to me, touch my shoulders and waist for no reason, grab at my butt, block me when I was trying to pass him, those kinds of things. He would tell me that he wasn't going to give up until I let him have sex with me. I told him every single time to stop and he ignored me. The week before new years, when I was closing, he got mad that I was ignoring him and when my back was turned to him, he grabbed my hair from behind and dragged me across the lobby. Two people saw it and they didn't say anything. Once he let go I went into the kitchen right away and didn't come out until I was sure he was gone. I want to say that I complained to the manager but the manager is his best friend and he told me not to worry about it because he's just playing around. He also said that he knows that the two of us are friends (we were...) and that I should know better than to take anything seriously but he'd talk to him. Last week when I was closing again and was putting some things back in the freezer, he came in behind me and slammed the door. He was very aggressive and long story short, he tried to shove his hands down my pants. I screamed and one of the dishwashers came in right away and asked in Spanish what the hell was going on. He shoved the dishwasher aside and left the building right away. I was crying and told by the manager that I clearly wasn't in the condition to talk, to take the weekend, and talk to him when I was back at work. I did just that, and he accused me of lying, told me that I was trying to "ruin" this guy's reputation, and that he talked to the dishwasher and that he said he didn't see anything. The manager also told this guy's girlfriend and all of his friends at work and after taking a entire day and a half of verbal abuse and having to defend myself, I quit and left mid-shift. I feel so fucking angry. I asked for the number of our district manager and the manager told me that that info was private and he couldn't give it out. I also asked the dishwasher (I speak Spanish) if the manager ever talk to him about what he saw and he said no. I have coworkers that have seen this guy harassing me but almost all of them pretended like they didn't see it. Can I file a police report over what he did to me? Do I have any kind of case against the manager?
|
dshwwvs
|
dsimlnd
| 1,515,633,243 | 1,515,676,290 | 115 | 234 |
Is there surveillance footage in the lobby he dragged you across by the hair? That may help your case.
|
I have handled employment law cases in IL. Please note - I am not your lawyer, but I will provide some information for educational purposes. You have a case here, the fact that you reported this to a manager and he dismissed it and (we're assuming) didn't report it to HR is a huge problem. The fact that you reported the abuse and it continued to occur is a bigger problem. Finally, you can allege constructive discharge (retaliation for your complaint) because of the hostile environment created by the manager when this guy sexually assaulted you. I would file a police report right away in whatever jurisdiction the restaurant is in. Then, look for a law firm that will take your case on a contingent basis and go there for a free consultation. They can help you further. If you want some more info on how things work in IL Check this website out: https://www.illinois.gov/dhr/FilingaCharge/Pages/Employment.aspx All such claims are handled by the Illinois Human Rights Act, so you need to follow those procedures when filing a claim. You only have 180 days to file. Also, Speak to a lawyer right away as they will send a notice to your employer to preserve all relevant security footage, documents, emails schedules, hr reports, etc. And if somehow this manager "loses" the reports or security footage, then your lawyer can argue bad intent with the IDHR or trial court. I'm sorry this happened to you and I hope you can get this situation resolved.
| 0 | 43,047 | 2.034783 |
7pkc11
|
legaladvice_train
| 0.95 |
Got bullied into quitting my job by my coworkers and boss after I reported a popular guy at work for harassment. Hey, I hope this is the right place for this...I mentioned this on reddit and someone recommended that I post here. I worked at a pretty well known chain restaurant in IL up until Monday. Beginning since a couple months ago one of my coworkers decided that he was going to start bothering me into going on dates with him. I said no I was friends with his gf and I thought that'd be the end of that. Nope, he just got more insistent. I kept saying no, and then he began to do things like "accidently" push me and cause me to drop a tray, stand way too close to me, touch my shoulders and waist for no reason, grab at my butt, block me when I was trying to pass him, those kinds of things. He would tell me that he wasn't going to give up until I let him have sex with me. I told him every single time to stop and he ignored me. The week before new years, when I was closing, he got mad that I was ignoring him and when my back was turned to him, he grabbed my hair from behind and dragged me across the lobby. Two people saw it and they didn't say anything. Once he let go I went into the kitchen right away and didn't come out until I was sure he was gone. I want to say that I complained to the manager but the manager is his best friend and he told me not to worry about it because he's just playing around. He also said that he knows that the two of us are friends (we were...) and that I should know better than to take anything seriously but he'd talk to him. Last week when I was closing again and was putting some things back in the freezer, he came in behind me and slammed the door. He was very aggressive and long story short, he tried to shove his hands down my pants. I screamed and one of the dishwashers came in right away and asked in Spanish what the hell was going on. He shoved the dishwasher aside and left the building right away. I was crying and told by the manager that I clearly wasn't in the condition to talk, to take the weekend, and talk to him when I was back at work. I did just that, and he accused me of lying, told me that I was trying to "ruin" this guy's reputation, and that he talked to the dishwasher and that he said he didn't see anything. The manager also told this guy's girlfriend and all of his friends at work and after taking a entire day and a half of verbal abuse and having to defend myself, I quit and left mid-shift. I feel so fucking angry. I asked for the number of our district manager and the manager told me that that info was private and he couldn't give it out. I also asked the dishwasher (I speak Spanish) if the manager ever talk to him about what he saw and he said no. I have coworkers that have seen this guy harassing me but almost all of them pretended like they didn't see it. Can I file a police report over what he did to me? Do I have any kind of case against the manager?
|
dsimlnd
|
dsi731t
| 1,515,676,290 | 1,515,645,258 | 234 | 71 |
I have handled employment law cases in IL. Please note - I am not your lawyer, but I will provide some information for educational purposes. You have a case here, the fact that you reported this to a manager and he dismissed it and (we're assuming) didn't report it to HR is a huge problem. The fact that you reported the abuse and it continued to occur is a bigger problem. Finally, you can allege constructive discharge (retaliation for your complaint) because of the hostile environment created by the manager when this guy sexually assaulted you. I would file a police report right away in whatever jurisdiction the restaurant is in. Then, look for a law firm that will take your case on a contingent basis and go there for a free consultation. They can help you further. If you want some more info on how things work in IL Check this website out: https://www.illinois.gov/dhr/FilingaCharge/Pages/Employment.aspx All such claims are handled by the Illinois Human Rights Act, so you need to follow those procedures when filing a claim. You only have 180 days to file. Also, Speak to a lawyer right away as they will send a notice to your employer to preserve all relevant security footage, documents, emails schedules, hr reports, etc. And if somehow this manager "loses" the reports or security footage, then your lawyer can argue bad intent with the IDHR or trial court. I'm sorry this happened to you and I hope you can get this situation resolved.
|
If this is a corporate restaurant, I think the upper management will take it very seriously. But honestly I'm not sure if you should talk to them first or a lawyer first. Because this sounds serious enough that corporate may very well start trying to cover their own asses before helping you out. Either way, this is not something you should let go. Even if it is just your word against theirs, there's also the dishwasher and some other witnesses who might just start telling the truth if authorities or higher-ups start asking enough questions. I would absolutely report it to the police also. Whether they do anything or not, you will at least have a report made which could help later.
| 1 | 31,032 | 3.295775 |
7pkc11
|
legaladvice_train
| 0.95 |
Got bullied into quitting my job by my coworkers and boss after I reported a popular guy at work for harassment. Hey, I hope this is the right place for this...I mentioned this on reddit and someone recommended that I post here. I worked at a pretty well known chain restaurant in IL up until Monday. Beginning since a couple months ago one of my coworkers decided that he was going to start bothering me into going on dates with him. I said no I was friends with his gf and I thought that'd be the end of that. Nope, he just got more insistent. I kept saying no, and then he began to do things like "accidently" push me and cause me to drop a tray, stand way too close to me, touch my shoulders and waist for no reason, grab at my butt, block me when I was trying to pass him, those kinds of things. He would tell me that he wasn't going to give up until I let him have sex with me. I told him every single time to stop and he ignored me. The week before new years, when I was closing, he got mad that I was ignoring him and when my back was turned to him, he grabbed my hair from behind and dragged me across the lobby. Two people saw it and they didn't say anything. Once he let go I went into the kitchen right away and didn't come out until I was sure he was gone. I want to say that I complained to the manager but the manager is his best friend and he told me not to worry about it because he's just playing around. He also said that he knows that the two of us are friends (we were...) and that I should know better than to take anything seriously but he'd talk to him. Last week when I was closing again and was putting some things back in the freezer, he came in behind me and slammed the door. He was very aggressive and long story short, he tried to shove his hands down my pants. I screamed and one of the dishwashers came in right away and asked in Spanish what the hell was going on. He shoved the dishwasher aside and left the building right away. I was crying and told by the manager that I clearly wasn't in the condition to talk, to take the weekend, and talk to him when I was back at work. I did just that, and he accused me of lying, told me that I was trying to "ruin" this guy's reputation, and that he talked to the dishwasher and that he said he didn't see anything. The manager also told this guy's girlfriend and all of his friends at work and after taking a entire day and a half of verbal abuse and having to defend myself, I quit and left mid-shift. I feel so fucking angry. I asked for the number of our district manager and the manager told me that that info was private and he couldn't give it out. I also asked the dishwasher (I speak Spanish) if the manager ever talk to him about what he saw and he said no. I have coworkers that have seen this guy harassing me but almost all of them pretended like they didn't see it. Can I file a police report over what he did to me? Do I have any kind of case against the manager?
|
dsivoda
|
dsj2iwa
| 1,515,687,015 | 1,515,693,567 | 21 | 40 |
Definitely get ahold of corporate fast, they will not be happy to hear that your manager responded in that manner. I think you also should file a police report and see if they can pull any cameras in the lobby. You'll need to do this fast though, as cameras tend to get cleared pretty quick. Having that footage could help your case with corporate, and potentially help charge him with assault. Even if there isn't any footage though, it'll still be good to file it with police so that way they have this on record. And that way you can also let corporate know that you have filed a police report against the person who has been sexually harassing you/who assaulted you.
|
I don't know if they're actually functional yet, but your kind of case is exactly the kind of thing the 13 million dollar Times Up fund was created for. Maybe they can help. https://www.timesupnow.com/
| 0 | 6,552 | 1.904762 |
vwh37d
|
legaladvice_train
| 0.84 |
My 7 year old is being bullied by her father. To add context: my child’s father and I divorced 2 years ago it was a very abusive mentally and physical relationship. He gained primary custody of the children as his house is closer to their school and I live just over the line in another state 20 minutes away. On Saturday my ex husband came into my home to pick both of our children up and was rough housing with them. My 7 year old hit him in the stomach which is behavior she has never done at my house anyway he smacked her hard in the chest she didn’t cry but you could tell by her facial expressions that it hurt. He proceeded to tell me every time she hits him that he just hits her back and that she “fake” cry’s sometimes almost mocking her. She also isn’t the type of kid to just fake cry so I think he was just trying to cover up what he said. Not even 10 minutes later as he was about to walk out of my house with them my 7 year old who was again playing with her dad hit him lightly as they were playing karate and he smacked her in the chest again this time harder than before. She again didn’t cry but you could tell by her facial expressions that it hurt. I am honestly concerned for my Childrens safety because if he is doing that in my home in front of me and my boyfriend what is he doing to them when they are alone with him. I called my therapist and she just told me to send him an email requesting his form of discipline to change so it’s recorded but she is only 7 and he is a 32 year old 350lb man hitting a child. I’m starting to become worried for my childrens physical and mental health. I don’t feel like an email asking for the behavior to stop is enough. Is there anything else I can do?
|
ifqebbn
|
ifq3oep
| 1,657,553,420 | 1,657,548,989 | 42 | 27 |
Several people here are recommending that you contact CPS but I'd speak to a family practice attorney first. Obviously, the sooner, the better. The fact that your therapist recommended that you treat this as an inappropriate form of discipline instead of just calling the police outright could suggest that this behavior may not necessarily be treated as abuse. Some of the determining factors relate to your location, whether or not corporal punishment is permitted and if the smacks left marks or caused injury. Your therapist is also a mandated reporter meaning she's required by law to report any suspicions of abuse, neglect or abandonment to the proper authorities. What state do you live in?
|
> as they were playing karate and he smacked her in the chest again this time harder than before. So obviously they need to stop playing karate. You can tell your 7-year-old she doesn't have to "play karate" with her dad. CPS is the place to start. If she has bruises when she arrives for your visitation time you can take her to the pediatrician and they'll examine her. Note that pediatricians are mandatory reporters.
| 1 | 4,431 | 1.555556 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gntvmaj
|
gntw6np
| 1,613,608,301 | 1,613,608,591 | 7 | 20 |
Agree with other advice regarding determining whether the letter is real. If so, engage an attorney. One thing I find suspicious, however, is lack of (you may have have just summarized it out) a specific claim regarding what was libelous and what was slanderous. One common theme in empty posturing for defamation is the lack of one or more specific false claims in the demand letter. For an example of a specific claim, was she actually convicted? Is she claiming you wrote/said she was convicted when in fact she was only arrested or accused?
|
What should you do? You should ignore it. This is an intimidation tactic. If you are actually sued, you should get a lawyer to respond. But I'm guessing that won't happen.
| 0 | 290 | 2.857143 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gntw6np
|
gntrhnq
| 1,613,608,591 | 1,613,606,213 | 20 | 3 |
What should you do? You should ignore it. This is an intimidation tactic. If you are actually sued, you should get a lawyer to respond. But I'm guessing that won't happen.
|
I am not a lawyer. Do you have homeowners/renters insurance or umbrella insurance? If so, those *might* provide coverage, or alternatively, your employer might indemnify you. First step is to call your insurer and ask them if your policy covers this type of lawsuit. Take a copy of the letter to HR/your boss, if your company has corporate counsel, they might want to take care of this. As the plaintiff, to succeed in a defamation action she would be required to prove that what you told your employer was not true, i.e. that she wasn't fired for embezzlement and wasn't facing a hated crime and wasn't arrested for embezzlement. If you are absolutely certain of your facts, you would prevail. However, in the USA each side pays their own legal fees, so defending an action could cost a lot of money. Best case scenario, your insurer or your employer takes the case, and the plaintiff goes away. Don't ignore real letters from real lawyer.
| 1 | 2,378 | 6.666667 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gntya68
|
gntvmaj
| 1,613,609,646 | 1,613,608,301 | 12 | 7 |
Ignore the letter, or if you want to be extra thorough you can pay a lawyer to write a definitive "fuck off" letter. But her demand letter doesn't carry any legal weight. Her case is a loser. As mentioned, truth is an absolute defense of defamation, so if she actually follows through with a lawsuit, you can just show that it's true. Libel and Slander both fall under the general umbrella of defamation. In order to win a defamation claim against you, she would have to prove: [X] You [X] made a statement of fact [X] about her [X] to someone else [ ] that is false [X] and that caused damages The fails on falsity, so her claim fails. There's no "5/6 ain't bad" clause in the law, she has to meet all six. Also SHE as the plaintiff has to be the one to prove falsity, you don't bear any burden at all... Though considering how *easy* proving truth is on account of her criminal record, you can go ahead and put that up on the table if it ever came to that, which it won't, because again, her case is a total loser. That said, fighting things in court can be expensive, stressful, and time-consuming. There's not really anything to be done on that front though - you already made the statement, she's already fired, so if she and her husband were so inclined they could still make your life difficult. I'd say, don't pay, and if he used the law firm's letterhead and you want to be extra then consider contacting the firm he works for about this harassment and confirm that they represent her. (If you do that last thing, don't use any info on the letterhead - google the firm and contact them with the number you find. Don't have a big conversation with them either, just ask if they represent Fraudster McCrazyface. If the answer is Yes, thank them for their time and hang up. If the answer is No, they will be VERY interested in the fake letter you got).
|
Agree with other advice regarding determining whether the letter is real. If so, engage an attorney. One thing I find suspicious, however, is lack of (you may have have just summarized it out) a specific claim regarding what was libelous and what was slanderous. One common theme in empty posturing for defamation is the lack of one or more specific false claims in the demand letter. For an example of a specific claim, was she actually convicted? Is she claiming you wrote/said she was convicted when in fact she was only arrested or accused?
| 1 | 1,345 | 1.714286 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gntya68
|
gntrhnq
| 1,613,609,646 | 1,613,606,213 | 12 | 3 |
Ignore the letter, or if you want to be extra thorough you can pay a lawyer to write a definitive "fuck off" letter. But her demand letter doesn't carry any legal weight. Her case is a loser. As mentioned, truth is an absolute defense of defamation, so if she actually follows through with a lawsuit, you can just show that it's true. Libel and Slander both fall under the general umbrella of defamation. In order to win a defamation claim against you, she would have to prove: [X] You [X] made a statement of fact [X] about her [X] to someone else [ ] that is false [X] and that caused damages The fails on falsity, so her claim fails. There's no "5/6 ain't bad" clause in the law, she has to meet all six. Also SHE as the plaintiff has to be the one to prove falsity, you don't bear any burden at all... Though considering how *easy* proving truth is on account of her criminal record, you can go ahead and put that up on the table if it ever came to that, which it won't, because again, her case is a total loser. That said, fighting things in court can be expensive, stressful, and time-consuming. There's not really anything to be done on that front though - you already made the statement, she's already fired, so if she and her husband were so inclined they could still make your life difficult. I'd say, don't pay, and if he used the law firm's letterhead and you want to be extra then consider contacting the firm he works for about this harassment and confirm that they represent her. (If you do that last thing, don't use any info on the letterhead - google the firm and contact them with the number you find. Don't have a big conversation with them either, just ask if they represent Fraudster McCrazyface. If the answer is Yes, thank them for their time and hang up. If the answer is No, they will be VERY interested in the fake letter you got).
|
I am not a lawyer. Do you have homeowners/renters insurance or umbrella insurance? If so, those *might* provide coverage, or alternatively, your employer might indemnify you. First step is to call your insurer and ask them if your policy covers this type of lawsuit. Take a copy of the letter to HR/your boss, if your company has corporate counsel, they might want to take care of this. As the plaintiff, to succeed in a defamation action she would be required to prove that what you told your employer was not true, i.e. that she wasn't fired for embezzlement and wasn't facing a hated crime and wasn't arrested for embezzlement. If you are absolutely certain of your facts, you would prevail. However, in the USA each side pays their own legal fees, so defending an action could cost a lot of money. Best case scenario, your insurer or your employer takes the case, and the plaintiff goes away. Don't ignore real letters from real lawyer.
| 1 | 3,433 | 4 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gntrhnq
|
gntvmaj
| 1,613,606,213 | 1,613,608,301 | 3 | 7 |
I am not a lawyer. Do you have homeowners/renters insurance or umbrella insurance? If so, those *might* provide coverage, or alternatively, your employer might indemnify you. First step is to call your insurer and ask them if your policy covers this type of lawsuit. Take a copy of the letter to HR/your boss, if your company has corporate counsel, they might want to take care of this. As the plaintiff, to succeed in a defamation action she would be required to prove that what you told your employer was not true, i.e. that she wasn't fired for embezzlement and wasn't facing a hated crime and wasn't arrested for embezzlement. If you are absolutely certain of your facts, you would prevail. However, in the USA each side pays their own legal fees, so defending an action could cost a lot of money. Best case scenario, your insurer or your employer takes the case, and the plaintiff goes away. Don't ignore real letters from real lawyer.
|
Agree with other advice regarding determining whether the letter is real. If so, engage an attorney. One thing I find suspicious, however, is lack of (you may have have just summarized it out) a specific claim regarding what was libelous and what was slanderous. One common theme in empty posturing for defamation is the lack of one or more specific false claims in the demand letter. For an example of a specific claim, was she actually convicted? Is she claiming you wrote/said she was convicted when in fact she was only arrested or accused?
| 0 | 2,088 | 2.333333 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gntrhnq
|
gnu42ac
| 1,613,606,213 | 1,613,612,521 | 3 | 4 |
I am not a lawyer. Do you have homeowners/renters insurance or umbrella insurance? If so, those *might* provide coverage, or alternatively, your employer might indemnify you. First step is to call your insurer and ask them if your policy covers this type of lawsuit. Take a copy of the letter to HR/your boss, if your company has corporate counsel, they might want to take care of this. As the plaintiff, to succeed in a defamation action she would be required to prove that what you told your employer was not true, i.e. that she wasn't fired for embezzlement and wasn't facing a hated crime and wasn't arrested for embezzlement. If you are absolutely certain of your facts, you would prevail. However, in the USA each side pays their own legal fees, so defending an action could cost a lot of money. Best case scenario, your insurer or your employer takes the case, and the plaintiff goes away. Don't ignore real letters from real lawyer.
|
I am not a lawyer So not entirely certain if its paraphrased but the whole "pay her or she'll sue for defamation" is extortion and super illegal and if that's what the letter says I'd be more apt to think the letter isn't legit. It might be worth your time to reach out to the law firm and confirm the letters authenticity.
| 0 | 6,308 | 1.333333 |
lm66ul
|
legaladvice_train
| 0.97 |
(California) I received a demand letter from a lawyer. What should I do? I've been served with a demand letter from a lawyer. It is because I reported my co-worker's behavior from a past job to our current company. When I worked with her before she lied about facing a hate crime and was arrested for an embezzlement felony. I didn't work in the same department as her but it was big news back then. Now working here she reversed her first name and her middle name and is using her maiden name instead of her married one (ex: if her name was Mary Jane Jones she is using Jane Mary Smith and told everyone she goes by her middle name). She worked here for almost 6 months but not in my department. I told my boss and HR when I realized it was her that she had been convicted of embezzlement and was using a different name. She was fired. Now I received a demand letter from a lawyer saying if I don't pay her she will sue me for libel and slander. Can I really get sued and what should I be doing about the demand letter? I definitely would like to avoid a lawsuit if possible.
|
gnu9od9
|
gnu9420
| 1,613,615,294 | 1,613,615,013 | 3 | 2 |
**If** you reasonably suspected something and exercised due diligence to report it, even if she wasn't guilty there will would still be nothing wrong here. If She sues you, she has the burden of proof, since shes suing for slander, she has to prove that you said something about her, and that what you said is about her is damaging and false. Most potential slander lawsuits end here because there usually isn't any paper trail. It is unlikely that she will have a case here, but if she does then file for dismissal immediately
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Are you willing to present the letterhead? To be frank no lawyer I know would so boldly send out a letter declaring an immediate payout in lieu of charges filed for Libel. As well as you are within your rights to inform your employer with regards to public information. As a felony charge would be publicly available for all online. As she is accusing you of defamation she is then placed with the Burden of proving such allegations in which you can contest and impose a counter suit for harassment among other things. I am not a lawyer. This is all just common knowledge regarding these matters.
| 1 | 281 | 1.5 |
xj948e
|
legaladvice_train
| 0.76 |
Got this letter in the mail, I just copied and paste it from a photo. So what does this actually mean? ORDER OF DISMISSAL WITHOUT PREJUDICE THIS CAUSE having come before the Court sua sponte, and the Court having reviewed the file and being otherwise advised in the premises, the Court finds as follows: A Pretrial Conference was held in this case on Tuesday, July 26, 2022 with Plaintiff appearing through an attorney. During that hearing, the Court announced that Plaintiff was entitled to a Default Judgment. Plaintiff was ordered to submit a proposed order within 30 days. However, no order or any other document has been submitted to this Court by the Plaintiff since that date. The Court therefore finds that Plaintiff has failed to appropriately prosecute this case. Accordingly, it is hereby: ORDERED AND ADJUDGED that this action is dismissed without prejudice. This Order of Dismissal is not an adiudication on the merits in this cause. The Clerk is directed to close the file.
|
ip6yq2w
|
ip6zs5s
| 1,663,681,383 | 1,663,681,843 | 44 | 61 |
The case has been dismissed for plaintiff’s failure to move forward. It was dismissed in a way where it can be refiled.
|
You were sued You didn't show up in court so you lost the case The people who were suing you didn't follow through so they lost their case But they can still try again.
| 0 | 460 | 1.386364 |
5d5rk8
|
legaladvice_train
| 0.85 |
Recieved a letter from a lawyer saying someone is taking action against me for injuries sustained in an accident I was never in! Located in Ontario, Canada I recieved a notification yesterday that I had registered mail to pick up. I went to the post office today to get it and discovered it was from an out of town law firm. Single page letter stating that so and so is taking action against me for injuries sustained in a motor vehicle collision on Tues Sept 27 2016 with a vehicle registered to me. No info on said vehicle. All the letter states is that this person intends to take action and that I have 7 days to give this letter to my insurance or failing to do so may prejudice my rights with my own insurance company. Nothing else. I was never in an accident! I have a brand new vehicle that has no damage! If I had been in an accident why haven't I been contacted by police? Any help is greatly appreciated! Thank you I am very worried!
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da20u5z
|
da2l64r
| 1,479,254,490 | 1,479,293,804 | 3 | 6 |
If you were in an accident there should be a police report. They could be trying to get a default judgment. If you ignore the letter they still are going to have to serve you papers to go to court. You can't ignore a summons to court without risking a default, if it's not a summons, I would ignore it. You have nothing to do with it.
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Turn in the letter like they ask you to. It does not matter if it's a scam or not. If your old car was not properly registered then it is possible it was in some kind of accident and all they currently have is something saying you own it or that you use to own it. I have had this happen to me before. (They apparently slammed the car into a retaining wall on the side of the interstate... local DOT wanted money for the repair of their wall and a lot the car was towed to contacted me a few times wanting me to collect the car.)
| 0 | 39,314 | 2 |
1oqvsx
|
legaladvice_train
| 0.74 |
Girlfriend was arrested for a DUI for less than a glass of wine & not informed of her alcohol content. [CALIFORNIA] ** EDITED Hey all, like the title says my girlfriend and I had a glass of wine the standard size that she finished almost 2 hours before getting pulled over. When she was asked if she had anything to drink she replied yes a glass of wine earlier in the night. They took her out and did the field tests which she did fine before administering the breath test. They made her blow about 5 times before telling her to turn around and put her hands behind her back. She asked them what she blew since she was dumbfounded to which they told her "It's none of your concern". The other officer took her to the side and told her to stop crying because she will just get a wet and wreckless. They parked her car at a nearby parking lot and took her to jail. I bailed her out and now were sitting wondering where the hell to go from here. Is there anyway I can find out the actual details before the court date? I still firmly believe there is no way she could have blown over the legal limit but I have no real idea how this process works. Do we try and get a public defender before her first court appearance or plead not guilty and get one before the next one?
|
ccuo1ns
|
ccuoiq3
| 1,382,139,266 | 1,382,140,802 | 12 | 29 |
Did she give a breath sample at the jail? That will be part of her court paperwork. The roadside breath test is only used to build probable cause to arrest. It may be in officer's notes but is not the official number. Did she take any medication or drugs in addition to wine? Some depressants interact very strongly with booze. Also, how do you know how she did on the field sobriety tests? Did you witness them or is this her recollection? Most people who get DWI arrest have poor and faulty memories of what happened during the DWI. This is a serious charge which could cost upwards of 10,000 if you factor in the potential insurance increases. Hire a good local lawyer. Don't depend on the internet, it's full of hype. I know plenty of jackasses who look great online but can't find the courthouse with a gps. Ask three different traffic cops who do DWIs. They know which lawyers specialize in DWIs: that's who you want. A specialist. BTW, many women are surprised to find that only a few glasses of wine puts them over the limit. You can check the math here. http://bloodalcoholcalculator.org/#LinkURL
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A wet and reckless does not require a .08. Technically any amount of alcohol + reckless driving qualifies (I think) but in practice we look for a .04 or higher. They are also not required to inform you of the test on scene. You'll see it in the police report.
| 0 | 1,536 | 2.416667 |
1oqvsx
|
legaladvice_train
| 0.74 |
Girlfriend was arrested for a DUI for less than a glass of wine & not informed of her alcohol content. [CALIFORNIA] ** EDITED Hey all, like the title says my girlfriend and I had a glass of wine the standard size that she finished almost 2 hours before getting pulled over. When she was asked if she had anything to drink she replied yes a glass of wine earlier in the night. They took her out and did the field tests which she did fine before administering the breath test. They made her blow about 5 times before telling her to turn around and put her hands behind her back. She asked them what she blew since she was dumbfounded to which they told her "It's none of your concern". The other officer took her to the side and told her to stop crying because she will just get a wet and wreckless. They parked her car at a nearby parking lot and took her to jail. I bailed her out and now were sitting wondering where the hell to go from here. Is there anyway I can find out the actual details before the court date? I still firmly believe there is no way she could have blown over the legal limit but I have no real idea how this process works. Do we try and get a public defender before her first court appearance or plead not guilty and get one before the next one?
|
ccurx7n
|
ccuq0sq
| 1,382,152,060 | 1,382,145,737 | 5 | 2 |
As noted by most other folks here, you should have her consult an attorney as soon as possible. Even if you can't afford to hire one, most private attorneys will at least do a free consult up front. Call a couple, ask if they'll do a free consult. That may at least give you an informed legal opinion about what she's facing. If you can't afford that attorney, in some states, the state bar will have a list of "modest means" or lower priced attorneys - usually newer or solo attorneys who have agreed to take cases for an agreed-upon lower fee. If you can't hire any attorney, you will then almost certainly want to apply for court appointed counsel. The reason you want to do this soon is because you want to first get a jump on her license suspension. Her license is almost certainly already suspended for refusing the breath test at the precinct. Make sure she checks her paperwork if she doesn't already know this. There should be a DMV (or the CA equivalent) hearing date on the paperwork at which she can challenge the license suspension. If you get an attorney quickly, they may be able to help with that. Even if the DMV suspension isn't an option, getting court appointed counsel asap is always best. Talk to attorneys. Now.
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Most lawyers will offer free consultations and will at least hear the details and offer some advice. Make a few phone calls and see what your options are.
| 1 | 6,323 | 2.5 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii7q2ty
|
ii7n9kw
| 1,659,150,445 | 1,659,149,017 | 130 | 16 |
OP, it sounds like you were born at home and maybe your family is kinda “off grid.” This website has some info for obtaining a birth certificate in that case, but still requires some evidence of your residency: https://www.usbirthcertificates.com/articles/what-happens-if-i-have-no-birth-certificate/amp If you have ever received mail at home, that might work. Also it says your sibling’s documents could count. Good luck!!
|
Do you have a close relative who could apply for a copy? A grandparent, aunt, uncle etc. with the proper ID could try to obtain a copy of your birth certificate.
| 1 | 1,428 | 8.125 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii7tkhf
|
ii7vao8
| 1,659,152,306 | 1,659,153,261 | 30 | 46 |
http://vlas.org/wp-content/uploads/2016/08/Birth-Record-Getting-it-or-Changing-it.pdf This document from VA Legal Aid covers this exact situation.
|
You are far from the first person in this position. A lot of people with your problem have had a much easier time getting it fixed after reaching out to their congressperson. Your senators and congressperson all have staffers whose sole job it is to help their constituents untangle difficult bureaucratic problems. I promise you, you won’t even be the first constituent without a birth certificate their office has helped.
| 0 | 955 | 1.533333 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii7n9kw
|
ii7vao8
| 1,659,149,017 | 1,659,153,261 | 16 | 46 |
Do you have a close relative who could apply for a copy? A grandparent, aunt, uncle etc. with the proper ID could try to obtain a copy of your birth certificate.
|
You are far from the first person in this position. A lot of people with your problem have had a much easier time getting it fixed after reaching out to their congressperson. Your senators and congressperson all have staffers whose sole job it is to help their constituents untangle difficult bureaucratic problems. I promise you, you won’t even be the first constituent without a birth certificate their office has helped.
| 0 | 4,244 | 2.875 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii7n9kw
|
ii7tkhf
| 1,659,149,017 | 1,659,152,306 | 16 | 30 |
Do you have a close relative who could apply for a copy? A grandparent, aunt, uncle etc. with the proper ID could try to obtain a copy of your birth certificate.
|
http://vlas.org/wp-content/uploads/2016/08/Birth-Record-Getting-it-or-Changing-it.pdf This document from VA Legal Aid covers this exact situation.
| 0 | 3,289 | 1.875 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii7n9kw
|
ii8usyq
| 1,659,149,017 | 1,659,179,790 | 16 | 17 |
Do you have a close relative who could apply for a copy? A grandparent, aunt, uncle etc. with the proper ID could try to obtain a copy of your birth certificate.
|
I wonder if your parents have been claiming you as a dependent on their taxes (assuming they even file their taxes). They’d need to supply a social security number for you in order to claim you.
| 0 | 30,773 | 1.0625 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii8usyq
|
ii8m0vf
| 1,659,179,790 | 1,659,172,684 | 17 | 14 |
I wonder if your parents have been claiming you as a dependent on their taxes (assuming they even file their taxes). They’d need to supply a social security number for you in order to claim you.
|
Were you baptized? Baptismal records can be used to help verify your identity, and the pastor or a church representative can serve as "an older person who can swear that the facts stated in the application [for a delayed birth certificate] are accurate."
| 1 | 7,106 | 1.214286 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii8dhr9
|
ii8usyq
| 1,659,165,605 | 1,659,179,790 | 8 | 17 |
How old are you? Do you still live at home?
|
I wonder if your parents have been claiming you as a dependent on their taxes (assuming they even file their taxes). They’d need to supply a social security number for you in order to claim you.
| 0 | 14,185 | 2.125 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii8dhr9
|
ii8m0vf
| 1,659,165,605 | 1,659,172,684 | 8 | 14 |
How old are you? Do you still live at home?
|
Were you baptized? Baptismal records can be used to help verify your identity, and the pastor or a church representative can serve as "an older person who can swear that the facts stated in the application [for a delayed birth certificate] are accurate."
| 0 | 7,079 | 1.75 |
wblzgq
|
legaladvice_train
| 0.92 |
[VA] I don't think I have anything to prove that I exist as a US citizen and my parents refuse to help. Hi, I don't think I have a birth certificate or any other information to prove that I exist, such as a social security card or ID. I understand this may seem fake, but I'm being truthful and feel lost. From what I've gathered reading Virginia's website I don't have the documents I need to apply for a new birth certificate. I've searched online to see if there is anything else I can use and found that I would need school or medical records. However, I have **never** been to school and only went to the doctor once under my mom. On top of that I also don't know if there are records at any hospital of my birth either; my mom told me she had me at home with only her family present. I do not know if she's lying but it would make sense for her to give birth like that based on her beliefs. At this point will I have to apply for US citizenship despite being born here? I don't even know how I would do that, or if I could considering I have no documentation of being born in any other country. I have tried asking but I cannot get my parents to budge on helping me with this no matter what I say. They do not care about me or my future, genuinely. I have looked everywhere in the house for any paperwork that I think would be about me and I can find nothing, but can find things about my siblings. Please, I want to get out of this place. Could I call the cops on my parents for this? I will answer any extra questions people might want to know.
|
ii8dhr9
|
ii928mt
| 1,659,165,605 | 1,659,184,609 | 8 | 9 |
How old are you? Do you still live at home?
|
Could you be kidnapped? Why do your siblings have paperwork and you don’t?
| 0 | 19,004 | 1.125 |
w85st2
|
legaladvice_train
| 0.91 |
[WI] can my son’s orthodontist office refuse to discuss his treatment with me simply because they only have room for one parent name in their system? I have completely shared legal custody and placement as well as responsibility for medical costs/decisions. I recently called the office to discuss insurance and payment for upcoming braces and I was told that I would have to get permission from my ex-husband for them to speak with me because we are no longer married. Dumbfounded, I continued to probe after getting each seemingly nonsensical answer why and it apparently boils down to them only having a single parent field in their software, so they require other non-married parents to have their ex sign an ROI. I find this to be highly suspect and I just want make sure I know what I am talking about when I call them back. To maybe put it more simply- all things being equal, do I have a legal right to my son’s healthcare information or to discuss tx options? FWIW - my ex and I are friendly and there are no safety concerns, but he’s getting annoyed being interrupted at work to approve the sharing of info before our next appointment.
|
ihnyi02
|
ihnm2z2
| 1,658,803,071 | 1,658,797,515 | 66 | 12 |
Not WI, but if you have a court order the custody agreement will have language in it for situations like tanks, words like “upon presentation of this order the parent shall have access to health records”
|
How old is your son?
| 1 | 5,556 | 5.5 |
w85st2
|
legaladvice_train
| 0.91 |
[WI] can my son’s orthodontist office refuse to discuss his treatment with me simply because they only have room for one parent name in their system? I have completely shared legal custody and placement as well as responsibility for medical costs/decisions. I recently called the office to discuss insurance and payment for upcoming braces and I was told that I would have to get permission from my ex-husband for them to speak with me because we are no longer married. Dumbfounded, I continued to probe after getting each seemingly nonsensical answer why and it apparently boils down to them only having a single parent field in their software, so they require other non-married parents to have their ex sign an ROI. I find this to be highly suspect and I just want make sure I know what I am talking about when I call them back. To maybe put it more simply- all things being equal, do I have a legal right to my son’s healthcare information or to discuss tx options? FWIW - my ex and I are friendly and there are no safety concerns, but he’s getting annoyed being interrupted at work to approve the sharing of info before our next appointment.
|
iho46wh
|
ihnm2z2
| 1,658,805,804 | 1,658,797,515 | 49 | 12 |
Wisconsin 767.41(7) states *Except under par. (b) or unless otherwise ordered by the court, access to a child's medical, dental and school records is available to a parent regardless of whether the parent has legal custody of the child.* Additionally, one of the requirements of HIPAA is the release of information to parents, except in select cases that don't appear to be in play here (potential for abuse, emancipation, etc). You can choose to either speak to the office about wanting to follow Wisconsin law with a follow up being filing a complaint with WI DSPS or going nuclear and reporting them for a HIPAA violation with HHS.
|
How old is your son?
| 1 | 8,289 | 4.083333 |
w85st2
|
legaladvice_train
| 0.91 |
[WI] can my son’s orthodontist office refuse to discuss his treatment with me simply because they only have room for one parent name in their system? I have completely shared legal custody and placement as well as responsibility for medical costs/decisions. I recently called the office to discuss insurance and payment for upcoming braces and I was told that I would have to get permission from my ex-husband for them to speak with me because we are no longer married. Dumbfounded, I continued to probe after getting each seemingly nonsensical answer why and it apparently boils down to them only having a single parent field in their software, so they require other non-married parents to have their ex sign an ROI. I find this to be highly suspect and I just want make sure I know what I am talking about when I call them back. To maybe put it more simply- all things being equal, do I have a legal right to my son’s healthcare information or to discuss tx options? FWIW - my ex and I are friendly and there are no safety concerns, but he’s getting annoyed being interrupted at work to approve the sharing of info before our next appointment.
|
iho881n
|
ihnm2z2
| 1,658,807,907 | 1,658,797,515 | 41 | 12 |
WI nurse here. Their records system is not your problem. Unless there’s a court order to the contrary, you have a right to discuss your child’s treatments and obtain records.
|
How old is your son?
| 1 | 10,392 | 3.416667 |
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