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v64dg7
|
legaladvice_train
| 0.86 |
Best friend inheriting my house (and mess) after death- logistically reasonable? What do we need to make sure of? Hey! I'm 34 and will soon die from my stage 4 triple negative breast cancer. It sucks! One think that doesn't suck is my best friend. I bought the house I live in a little over 10 years ago with TONS of help help from my parents (the white privilege is palpable, I know) and they'd like me to leave it to a friend who will be a good steward of my tons and tons and tons of art and cool stuff. Give us advice. I'll be dead so it won't be my problem, but is this a crazy idea?
|
ibffb7u
|
iberjqu
| 1,654,559,461 | 1,654,548,226 | 5 | 2 |
Not a lawyer but I would look into getting a TOD (transfer on death) Deed for the house if possible in your state. And possibly a POD (payable on death) account for any monetary assets. This type of deed and account keeps the money from going through a probate court like it would in a will. Worth looking into.
|
That does suck! Talk to an estate planning attorney and iron out a will and/or trust. Gift things while you’re alive to reduce the workload on your friend. Your parents may want some of your things as keepsakes, so have a conversation with them and your friend to make sure that everybody knows what to do if they have a disagreement over who gets something. Whatever you discuss should be reflected in the will/trust.
| 1 | 11,235 | 2.5 |
v64dg7
|
legaladvice_train
| 0.86 |
Best friend inheriting my house (and mess) after death- logistically reasonable? What do we need to make sure of? Hey! I'm 34 and will soon die from my stage 4 triple negative breast cancer. It sucks! One think that doesn't suck is my best friend. I bought the house I live in a little over 10 years ago with TONS of help help from my parents (the white privilege is palpable, I know) and they'd like me to leave it to a friend who will be a good steward of my tons and tons and tons of art and cool stuff. Give us advice. I'll be dead so it won't be my problem, but is this a crazy idea?
|
ibepba3
|
ibfmgtf
| 1,654,547,253 | 1,654,563,068 | 2 | 3 |
Depending on the state you live in, you may consider a transfer on death designation deed. This will transfer the property without needing probate.
|
You're going to have to speak to an estate and trust attorney. So your family or random family member cannot challenge the will.
| 0 | 15,815 | 1.5 |
v64dg7
|
legaladvice_train
| 0.86 |
Best friend inheriting my house (and mess) after death- logistically reasonable? What do we need to make sure of? Hey! I'm 34 and will soon die from my stage 4 triple negative breast cancer. It sucks! One think that doesn't suck is my best friend. I bought the house I live in a little over 10 years ago with TONS of help help from my parents (the white privilege is palpable, I know) and they'd like me to leave it to a friend who will be a good steward of my tons and tons and tons of art and cool stuff. Give us advice. I'll be dead so it won't be my problem, but is this a crazy idea?
|
ibfmgtf
|
iberjqu
| 1,654,563,068 | 1,654,548,226 | 3 | 2 |
You're going to have to speak to an estate and trust attorney. So your family or random family member cannot challenge the will.
|
That does suck! Talk to an estate planning attorney and iron out a will and/or trust. Gift things while you’re alive to reduce the workload on your friend. Your parents may want some of your things as keepsakes, so have a conversation with them and your friend to make sure that everybody knows what to do if they have a disagreement over who gets something. Whatever you discuss should be reflected in the will/trust.
| 1 | 14,842 | 1.5 |
zvzcjc
|
legaladvice_train
| 0.85 |
Parents want me to sign over Power of Attorney in my mid twenties My adoptive family and I are not close and I rarely see them. They abused me physically, emotionally, and psychologically for 20+ years, no other context needed. I have frequently set boundaries with them and went as far as removing my overbearing and controlling mother from my life. However, I still rely on my father for half my rent. For reference, I am in my mid twenties and am married (though they are unaware of that). Out of the blue earlier this year, my father brought me down to the family attorney and made me sign a document regarding some stocks. Then the attorney hands me this thick packet filled with concerning jargon. I minored in law and at one point was considering law school so obviously alarm bells went off when I saw that both parents wanted me to sign over POA. I saw sections about giving up my rights to medical decisions, finances, property, everything— basically giving over complete control to them. The attorney never once looked me in the eyes when I kept questioning why they wanted me to sign this document. They also refused to let me take pictures of it on my phone and claimed they’d send me a copy later (never did). I kept pressing my father and he shrugged it off, saying it helps with “inheritance things”. Since I signed the stocks document, can they use my signature? Most likely not but I’m terrified of them and paranoid they somehow tricked me. Obviously I didn’t sign over POA but to this day, it unnerves me and I want to understand why they all wanted me to sign my rights away in my twenties. Is this normal? If it’s not, what could be the reasons for them wanting me to sign over everything? Thank you for your answers.
|
j1rz1v4
|
j1s09y7
| 1,672,095,436 | 1,672,095,998 | 62 | 126 |
No, it's not normal. We cannot tell you what was in their heads. It was good that you did not sign. Signing a "springing" power of attorney -- which only goes into effect if you are, say, unconscious in a hospital -- is not a terrible idea But no healthy person has a reason to sign over power of attorney to another with immediate effect. You should have an attorney draw up a will for you, as well as a medical power of attorney, and if you want one, a springing power of attorney. Any new POA serves to revoke prior POAs. Make sure copies of the last two (or one, if you don't sign the POA) go to your parents' attorney, friends, your primary care doctor, and in a file labeled "important documents" that's readily found. Originals should go into a safe or safe deposit box. If you don't want to sign a springing POA, your lawyer can draft a revocation of any prior POA that can be sent to your parents and their attorney. Spread that document around also.
|
>Since I signed the stocks document, can they use my signature? They can commit fraud. You can file a police report if they did. You should find out what the stock document was. This isn't normal, but a ton of these parent blogs threw out a suggestion that parents get POAs for their adult children as they enter college/move out/etc. They made this suggestion without understanding that abusive households can use these documents to absolutely crush adult children financially, medically, and emotionally. If they're abusive, it makes sense to give them zero authority over you.
| 0 | 562 | 2.032258 |
zvzcjc
|
legaladvice_train
| 0.85 |
Parents want me to sign over Power of Attorney in my mid twenties My adoptive family and I are not close and I rarely see them. They abused me physically, emotionally, and psychologically for 20+ years, no other context needed. I have frequently set boundaries with them and went as far as removing my overbearing and controlling mother from my life. However, I still rely on my father for half my rent. For reference, I am in my mid twenties and am married (though they are unaware of that). Out of the blue earlier this year, my father brought me down to the family attorney and made me sign a document regarding some stocks. Then the attorney hands me this thick packet filled with concerning jargon. I minored in law and at one point was considering law school so obviously alarm bells went off when I saw that both parents wanted me to sign over POA. I saw sections about giving up my rights to medical decisions, finances, property, everything— basically giving over complete control to them. The attorney never once looked me in the eyes when I kept questioning why they wanted me to sign this document. They also refused to let me take pictures of it on my phone and claimed they’d send me a copy later (never did). I kept pressing my father and he shrugged it off, saying it helps with “inheritance things”. Since I signed the stocks document, can they use my signature? Most likely not but I’m terrified of them and paranoid they somehow tricked me. Obviously I didn’t sign over POA but to this day, it unnerves me and I want to understand why they all wanted me to sign my rights away in my twenties. Is this normal? If it’s not, what could be the reasons for them wanting me to sign over everything? Thank you for your answers.
|
j1rz1v4
|
j1s9yfq
| 1,672,095,436 | 1,672,100,486 | 62 | 101 |
No, it's not normal. We cannot tell you what was in their heads. It was good that you did not sign. Signing a "springing" power of attorney -- which only goes into effect if you are, say, unconscious in a hospital -- is not a terrible idea But no healthy person has a reason to sign over power of attorney to another with immediate effect. You should have an attorney draw up a will for you, as well as a medical power of attorney, and if you want one, a springing power of attorney. Any new POA serves to revoke prior POAs. Make sure copies of the last two (or one, if you don't sign the POA) go to your parents' attorney, friends, your primary care doctor, and in a file labeled "important documents" that's readily found. Originals should go into a safe or safe deposit box. If you don't want to sign a springing POA, your lawyer can draft a revocation of any prior POA that can be sent to your parents and their attorney. Spread that document around also.
|
You should pull your credit report and make sure your parents haven't committed identity theft against you such as unauthorized loans, credit cards, mortgages, etc.
| 0 | 5,050 | 1.629032 |
zvzcjc
|
legaladvice_train
| 0.85 |
Parents want me to sign over Power of Attorney in my mid twenties My adoptive family and I are not close and I rarely see them. They abused me physically, emotionally, and psychologically for 20+ years, no other context needed. I have frequently set boundaries with them and went as far as removing my overbearing and controlling mother from my life. However, I still rely on my father for half my rent. For reference, I am in my mid twenties and am married (though they are unaware of that). Out of the blue earlier this year, my father brought me down to the family attorney and made me sign a document regarding some stocks. Then the attorney hands me this thick packet filled with concerning jargon. I minored in law and at one point was considering law school so obviously alarm bells went off when I saw that both parents wanted me to sign over POA. I saw sections about giving up my rights to medical decisions, finances, property, everything— basically giving over complete control to them. The attorney never once looked me in the eyes when I kept questioning why they wanted me to sign this document. They also refused to let me take pictures of it on my phone and claimed they’d send me a copy later (never did). I kept pressing my father and he shrugged it off, saying it helps with “inheritance things”. Since I signed the stocks document, can they use my signature? Most likely not but I’m terrified of them and paranoid they somehow tricked me. Obviously I didn’t sign over POA but to this day, it unnerves me and I want to understand why they all wanted me to sign my rights away in my twenties. Is this normal? If it’s not, what could be the reasons for them wanting me to sign over everything? Thank you for your answers.
|
j1sw5b6
|
j1tcewp
| 1,672,111,221 | 1,672,120,777 | 7 | 34 |
giving them POA wouldn't mean giving up your rights, it just means they can act on your behalf - this isn't really a helpful distinction if you're unconscious in hospital or they open credit cards and you never hear about them, because in situations like that you can't make your own wishes known. I just thought I'd point it out just in case it wasn't actually a POA? by default decision making if you're incapacitated would go to your spouse. to be safe you should get a lawyer and give them a limited power of attorney, including in the document that it supersedes any documents your parents have. it would be illegal for your parents to copy your signature from the documents they did sign, and use it to make a fraudulent POA, but if they're really bad people they might do it anyway. lock down your credit - the personalfinance sub has a good guide about what to do after identity theft that would be relevant here, there's also a system to stop bank accounts being opened but I can't remember what it's called - and try to eliminate their knowledge of any of your accounts etc that they might be able to use a POA to access. so, if they know you bank with wells fargo, close those accounts and open new ones at a different bank. for things like insurance, your doctor's office etc, contact them and tell them someone has a fraudulent POA and you need to set up extra security on your account to prevent them from accessing it. once you get yourself to a point where your father isn't paying your rent anymore and you're ready to cut him off, consider getting a lawyer to write a letter both to your parents and your father's lawyer making it clear they do not have POA over you, so you have clear documentation of your refusal.
|
I think you should get an attorney to see how these people have abused you financially. The stocks document seems like you are signing over stock that you own to them, etc.
| 0 | 9,556 | 4.857143 |
zvzcjc
|
legaladvice_train
| 0.85 |
Parents want me to sign over Power of Attorney in my mid twenties My adoptive family and I are not close and I rarely see them. They abused me physically, emotionally, and psychologically for 20+ years, no other context needed. I have frequently set boundaries with them and went as far as removing my overbearing and controlling mother from my life. However, I still rely on my father for half my rent. For reference, I am in my mid twenties and am married (though they are unaware of that). Out of the blue earlier this year, my father brought me down to the family attorney and made me sign a document regarding some stocks. Then the attorney hands me this thick packet filled with concerning jargon. I minored in law and at one point was considering law school so obviously alarm bells went off when I saw that both parents wanted me to sign over POA. I saw sections about giving up my rights to medical decisions, finances, property, everything— basically giving over complete control to them. The attorney never once looked me in the eyes when I kept questioning why they wanted me to sign this document. They also refused to let me take pictures of it on my phone and claimed they’d send me a copy later (never did). I kept pressing my father and he shrugged it off, saying it helps with “inheritance things”. Since I signed the stocks document, can they use my signature? Most likely not but I’m terrified of them and paranoid they somehow tricked me. Obviously I didn’t sign over POA but to this day, it unnerves me and I want to understand why they all wanted me to sign my rights away in my twenties. Is this normal? If it’s not, what could be the reasons for them wanting me to sign over everything? Thank you for your answers.
|
j1tm0p5
|
j1sw5b6
| 1,672,127,980 | 1,672,111,221 | 25 | 7 |
Get that lawyer’s name and contact their firm and the bar association. If they actually hoodwinked you into signing over POA with a this “stock document” under false pretenses, you need to destroy this lawyer and go after their license. Get your own lawyer, now, and see what they say.
|
giving them POA wouldn't mean giving up your rights, it just means they can act on your behalf - this isn't really a helpful distinction if you're unconscious in hospital or they open credit cards and you never hear about them, because in situations like that you can't make your own wishes known. I just thought I'd point it out just in case it wasn't actually a POA? by default decision making if you're incapacitated would go to your spouse. to be safe you should get a lawyer and give them a limited power of attorney, including in the document that it supersedes any documents your parents have. it would be illegal for your parents to copy your signature from the documents they did sign, and use it to make a fraudulent POA, but if they're really bad people they might do it anyway. lock down your credit - the personalfinance sub has a good guide about what to do after identity theft that would be relevant here, there's also a system to stop bank accounts being opened but I can't remember what it's called - and try to eliminate their knowledge of any of your accounts etc that they might be able to use a POA to access. so, if they know you bank with wells fargo, close those accounts and open new ones at a different bank. for things like insurance, your doctor's office etc, contact them and tell them someone has a fraudulent POA and you need to set up extra security on your account to prevent them from accessing it. once you get yourself to a point where your father isn't paying your rent anymore and you're ready to cut him off, consider getting a lawyer to write a letter both to your parents and your father's lawyer making it clear they do not have POA over you, so you have clear documentation of your refusal.
| 1 | 16,759 | 3.571429 |
47cnrn
|
legaladvice_train
| 0.89 |
Girlfriend and her roommates got a new puppy, yet she is the only one who takes care of it, threatened to be taken to court if she takes puppy. So, I've been searching around the internet for a minute or two trying to find court cases based around the legalities of ownership, especially when it comes to animals. Basically, her roommate's friend ended up giving him a puppy, free of charge, and the only person giving the puppy any attention seems to be my girlfriend. She's the one that buys the food, trains the puppy, takes her out for walks, etc. I guess my simple question(s) would be: Is there anything we can do to ensure that the puppy is taken care of, or is there any way we can have legal ownership of said puppy since she is the caretaker? Or would the courts just laugh us straight to the bank? Note: I'm not a first party as she lives in a different state than I do, but the things I hear in the background over our Skype calls tells me that her roommates are... less than stellar. I live in Indiana, US. She lives in Ohio, US.
|
d0c3tq5
|
d0c4gdh
| 1,456,333,035 | 1,456,333,919 | 10 | 26 |
Puppy care contract! They give her money for care, if/when they fail for X months, she gets ownership of the puppy. Very common clause in horse boarding contracts. Absent that, ask/report to humane society.
|
The puppy is not your girlfriend's. She should not be paying for its vet bills or for neutering the puppy She has no claim to the puppy regardless of her caring for it. If your girlfriend wants a puppy, she can go adopt one of her own so she'll be the sole owner.
| 0 | 884 | 2.6 |
i3c6qb
|
legaladvice_train
| 0.88 |
New roommate has 3 massive dogs, she isn't taking care of them, and when she isn't around they get aggressive. She went away for the entire weekend with no notice and just left them to shit and piss all over the apartment. Location: NYC Started renting room in March, new roommate moved in late June. She has 3 massive dogs, apparently they are "emotional support animals" or something. Two german Shepard's and Shiba Inu mixed breed with something else. None of the dogs care for me and if i try to approach them they get aggressive and start baring their teeth. Today one of her German shepards decided to park himself in the hallway for most of the day, unfortunately trapping me in my bedroom. Any time i went near him he would get very aggressive. I called my landlord and he tried to get into the unit only for one of the other dogs to get very aggressive and scared him off. My roommate finally came home and found the entire thing hilarious. She then became extremely angry at me for not feeding/walking her dogs while she was away for the weekend (if i go near their food bowl they get aggressive, so fuck that). The dogs basically pissed and shit all over her bedroom, our living room etc. She then told me that she is going to be going away next week for the whole and that it will be **MY JOB** to look after her dogs. I told her no and she had to hire someone. She told me fine then they can just shit and piss all over our apartment and she will call the police on me for animal neglect. My LL has told me it is out of his hands and he doesn't have any other rooms available. I am not a big dog person, and unfortunately her dogs are not being friendly towards me. Do i have any sort of legal standing or anything? She disappeared Friday morning and only came back today, which to me is animal neglect. She says she is leaving this Friday and won't be back until the following weekend. Am i really going to be responsible for her animals?
|
g0aix8v
|
g0al0p9
| 1,596,512,967 | 1,596,514,311 | 14 | 43 |
Are you both on the same lease together?
|
If the ESAs are exhibiting aggression you should document(film) evidence and notify your landlord immediately. If the animals become a nuisance and prevent your ability to enjoy living in a safe environment then the landlord has the right to ban the animal(s) or evict.
| 0 | 1,344 | 3.071429 |
i3c6qb
|
legaladvice_train
| 0.88 |
New roommate has 3 massive dogs, she isn't taking care of them, and when she isn't around they get aggressive. She went away for the entire weekend with no notice and just left them to shit and piss all over the apartment. Location: NYC Started renting room in March, new roommate moved in late June. She has 3 massive dogs, apparently they are "emotional support animals" or something. Two german Shepard's and Shiba Inu mixed breed with something else. None of the dogs care for me and if i try to approach them they get aggressive and start baring their teeth. Today one of her German shepards decided to park himself in the hallway for most of the day, unfortunately trapping me in my bedroom. Any time i went near him he would get very aggressive. I called my landlord and he tried to get into the unit only for one of the other dogs to get very aggressive and scared him off. My roommate finally came home and found the entire thing hilarious. She then became extremely angry at me for not feeding/walking her dogs while she was away for the weekend (if i go near their food bowl they get aggressive, so fuck that). The dogs basically pissed and shit all over her bedroom, our living room etc. She then told me that she is going to be going away next week for the whole and that it will be **MY JOB** to look after her dogs. I told her no and she had to hire someone. She told me fine then they can just shit and piss all over our apartment and she will call the police on me for animal neglect. My LL has told me it is out of his hands and he doesn't have any other rooms available. I am not a big dog person, and unfortunately her dogs are not being friendly towards me. Do i have any sort of legal standing or anything? She disappeared Friday morning and only came back today, which to me is animal neglect. She says she is leaving this Friday and won't be back until the following weekend. Am i really going to be responsible for her animals?
|
g0boc4p
|
g0aix8v
| 1,596,547,828 | 1,596,512,967 | 20 | 14 |
Inform her through text and or email that you will not be responsible for the care of her agressive pets and she needs to arrange other care. Then inform her that if her animals trap you in the apartment again, you will be calling animal control to remove them. I highly suggest you put anything of value in storage to prevent her from stealing or damaging your stuff.
|
Are you both on the same lease together?
| 1 | 34,861 | 1.428571 |
czemlq
|
legaladvice_train
| 0.93 |
My underage coworker is being harassed by an older man and my place of employment is doing nothing. Okay so this is my first time posting here for advice and I am not sure if this is the right place. If it isn't, can you please let me know. Also I apologize if the story is a little confusing or if there are grammar mistakes, I am very agitated right now so my thoughts are racing kind of fast. I really tried my best to have it make sense. Thanks. So first of all, I work at a public library. I am just an employee, not in management or anything. There is a young girl who works here, who is also a minor. I will call her Ingrid for the sake of anonymity. I would also like to mention that our library has security officers. This will come into play later. Ingrid has been continuously harrassed by a patron who is a grown man, whom I will call Maury. Maury was also employed by an affiliate cleaning company that works with our library, but was let go. Maury follows her around, and tries to talk to her. I am not sure but I think he even followed her after she left work once. He was "evicted" (basically told not to come back or we would call the police) from our library and was notified he was not allowed back because of how he had been acting towards her. Myself and others in my department were told to call our towns non- emergency police, the security office, and the manager for the day if we saw him again. Despite all this, he came back the next day for 2 days in a row, and it seemed like he was actively looking for her. I watched him come in and he was searching in every part of the library, most likely for her. My coworkers and I called the police the 1st day but he left before the police arrived. On the second day, Ingrid was working and when Maury came in she saw him became absolutely terrified and ran in the back employee room and was crying and hiding from sight. Once again my coworkers and I notified the manager, security office, and called the police. They came a lot quicker this time and he left with the police and a security officer. We recieved an email the next day that he spoke with one of the security guards and had his eviction lifted. Basically the email said that he was allowed at our library again but to let who ever the manager was that night if he came in again. I say night because he only ever comes at night, well after school has let out. I was completely shocked at this decision because he was clearly harassing this girl, and all of a sudden his eviction was lifted for seemingly no reason. I later found out that the security guard Maury spoke with thought that Ingrid was overreacting and that she shouldn't be this worried. This made me livid. My place of employment is ignoring the safety of one of its female coworkers, who is also a minor, just because she is female and "overreacting". I want to do something. We do not know what this man is capable of and a young girl should not feel unsafe at her place of employment. Our library does not have a union, but we have something called a staff association, which is the closest thing we have to a union. I was told by another coworker that this association would be the best option for me if I wanted to lodge a complaint or something of that nature. I am coming to you all for advice on if there is anything I can personally do. I know when I was Ingrid's age, I was not as confident in myself as I am now and I probably would not have stuck up for myself like I would now. Please if you can offer any advice at all I would be so grateful.
|
eyxv4r1
|
eyyofd6
| 1,567,563,335 | 1,567,596,729 | 2 | 9 |
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Author: /u/10987throwaway
Title: **My underage coworker is being harassed by an older man and my place of employment is doing nothing.**
Original Post:
> Okay so this is my first time posting here for advice and I am not sure if this is the right place. If it isn't, can you please let me know. Also I apologize if the story is a little confusing or if there are grammar mistakes, I am very agitated right now so my thoughts are racing kind of fast. I really tried my best to have it make sense. Thanks. > > So first of all, I work at a public library. I am just an employee, not in management or anything. There is a young girl who works here, who is also a minor. I will call her Ingrid for the sake of anonymity. > > I would also like to mention that our library has security officers. This will come into play later. > > Ingrid has been continuously harrassed by a patron who is a grown man, whom I will call Maury. Maury was also employed by an affiliate cleaning company that works with our library, but was let go. Maury follows her around, and tries to talk to her. I am not sure but I think he even followed her after she left work once. He was "evicted" (basically told not to come back or we would call the police) from our library and was notified he was not allowed back because of how he had been acting towards her. Myself and others in my department were told to call our towns non- emergency police, the security office, and the manager for the day if we saw him again. Despite all this, he came back the next day for 2 days in a row, and it seemed like he was actively looking for her. I watched him come in and he was searching in every part of the library, most likely for her. > > My coworkers and I called the police the 1st day but he left before the police arrived. On the second day, Ingrid was working and when Maury came in she saw him became absolutely terrified and ran in the back employee room and was crying and hiding from sight. Once again my coworkers and I notified the manager, security office, and called the police. They came a lot quicker this time and he left with the police and a security officer. > > We recieved an email the next day that he spoke with one of the security guards and had his eviction lifted. Basically the email said that he was allowed at our library again but to let who ever the manager was that night if he came in again. I say night because he only ever comes at night, well after school has let out. > > I was completely shocked at this decision because he was clearly harassing this girl, and all of a sudden his eviction was lifted for seemingly no reason. I later found out that the security guard Maury spoke with thought that Ingrid was overreacting and that she shouldn't be this worried. This made me livid. My place of employment is ignoring the safety of one of its female coworkers, who is also a minor, just because she is female and "overreacting". > > I want to do something. We do not know what this man is capable of and a young girl should not feel unsafe at her place of employment. > > Our library does not have a union, but we have something called a staff association, which is the closest thing we have to a union. I was told by another coworker that this association would be the best option for me if I wanted to lodge a complaint or something of that nature. > > I am coming to you all for advice on if there is anything I can personally do. I know when I was Ingrid's age, I was not as confident in myself as I am now and I probably would not have stuck up for myself like I would now. > > Please if you can offer any advice at all I would be so grateful.
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LocationBot 4.89 13/87ths | Report Issues
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Are you government employees (employed by a city, town, county, etc.)? That might give you another avenue of complaint if complaining through the association doesn't pan out. Think county commissioners, town council, etc. depending on who y'all work for. In the meantime, you and your coworkers should make a plan with Ingrid for what she is to do if she or another staff member sees Maury. Figure out a safe place she can go and a way to notify her if another staff member sees him. I'd avoid just straight saying 'Hey, Maury's here go hide' and use a passphrase instead like 'Hey, can you go put barcodes on the new children's books' which she and the other staff know means that he's here and she is to go to the safe location.
| 0 | 33,394 | 4.5 |
u3jd6w
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legaladvice_train
| 0.85 |
Planet Fitness Won't Cancel My Gym Membership Okay, so a few years ago I signed up for a basic Planet Fitness membership, under the promise that I would have an easy time canceling the membership, having been burned by a gym membership before. The employee at the front desk assured me I could call and cancel at anytime. This was clearly misleading and meant to get me to join. A month later I moved from California to Montana for a new job. I spoke to an employee at the front desk about canceling and they had me sign something. I should have asked for a copy or an email confirmation. I simply thought that was it. A few months later, I realized that Planet Fitness was still charging me a monthly membership fee. I quickly called Planet Fitness's customer service up to find out what happened and get a refund. It didn't seem to matter to the rep that I canceled in person and they told me that I needed to transfer my membership to a location near me and cancel again in person. I explained that the nearest location was over 3 hours away. They told me to send a notarized letter. I refused at the time to send a letter after clearly canceling in person. My case went nowhere. Since a $10 monthly fee was a relatively small annoyance for me, I ended up forgetting about it and not revisiting it until I was filing my taxes and saw that the fee was still occurring. This time I called Planet Fitness again and tried to explain my situation and got forwarded to multiple people before randomly being hung up on. I researched online how to cancel and what my rights were as a consumer. I ended up filing a complaint with the CPB in the process and called my bank to prevent Planet Fitness from continuing to charge me. I realize most other people would call Planet Fitness dozens of times and gone through hell to get a refund and cancel. However I was discouraged and honestly disillusioned by what felt like a monumental task that I kept pushing down the line. Having a full-time job and many commitments made it hard to focus on something that had been so fundamentally unpleasant and frustrating. I have continually mislead and lied to. A few months later I spot the membership fee still being charged and I just felt resigned and let it be. More recently I went into a Planet Fitness location to try canceling in person and was told they couldn't transfer my membership. The only way to transfer was to call the original location... TL;DR - I need resources on challenging Planet Fitness for refusing to cancel my gym membership as well as refund after my first cancellation attempt. Today is the day I am going to finish this.
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i4phcnu
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i4pna9p
| 1,649,948,177 | 1,649,950,512 | 21 | 25 |
How does your original contract say you have to cancel?
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Your contract says you need to provide written evidence of your move, they told you this on the phone when you asked them why you hadn't been canceled yet, and I don't see that you have yet done so; what did you think to accomplish by refusing to do so out of spite? It looks like you've done everything short of a lawsuit *except* send them the written notice of your move.
| 0 | 2,335 | 1.190476 |
u3jd6w
|
legaladvice_train
| 0.85 |
Planet Fitness Won't Cancel My Gym Membership Okay, so a few years ago I signed up for a basic Planet Fitness membership, under the promise that I would have an easy time canceling the membership, having been burned by a gym membership before. The employee at the front desk assured me I could call and cancel at anytime. This was clearly misleading and meant to get me to join. A month later I moved from California to Montana for a new job. I spoke to an employee at the front desk about canceling and they had me sign something. I should have asked for a copy or an email confirmation. I simply thought that was it. A few months later, I realized that Planet Fitness was still charging me a monthly membership fee. I quickly called Planet Fitness's customer service up to find out what happened and get a refund. It didn't seem to matter to the rep that I canceled in person and they told me that I needed to transfer my membership to a location near me and cancel again in person. I explained that the nearest location was over 3 hours away. They told me to send a notarized letter. I refused at the time to send a letter after clearly canceling in person. My case went nowhere. Since a $10 monthly fee was a relatively small annoyance for me, I ended up forgetting about it and not revisiting it until I was filing my taxes and saw that the fee was still occurring. This time I called Planet Fitness again and tried to explain my situation and got forwarded to multiple people before randomly being hung up on. I researched online how to cancel and what my rights were as a consumer. I ended up filing a complaint with the CPB in the process and called my bank to prevent Planet Fitness from continuing to charge me. I realize most other people would call Planet Fitness dozens of times and gone through hell to get a refund and cancel. However I was discouraged and honestly disillusioned by what felt like a monumental task that I kept pushing down the line. Having a full-time job and many commitments made it hard to focus on something that had been so fundamentally unpleasant and frustrating. I have continually mislead and lied to. A few months later I spot the membership fee still being charged and I just felt resigned and let it be. More recently I went into a Planet Fitness location to try canceling in person and was told they couldn't transfer my membership. The only way to transfer was to call the original location... TL;DR - I need resources on challenging Planet Fitness for refusing to cancel my gym membership as well as refund after my first cancellation attempt. Today is the day I am going to finish this.
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i4rdm6v
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i4qfx8w
| 1,649,975,485 | 1,649,961,742 | 8 | 2 |
I get this is a legal advice section but the fact that people seem to think it's reasonable that you have to jump through so many hoops to cancel a membership is ridiculous. How is that okay? It seems to me all it really should take is a quick call and they click the tick box that stops charges to the card.
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You have to send a letter stating you want to end your membership and mail it to the original PF you signed up w.
| 1 | 13,743 | 4 |
vhns3w
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legaladvice_train
| 0.85 |
My (17F) ex boyfriend's (20M) parents have been very generously paying child support but say they will stop if I tell their son we have a child. How can I make sure I still get child support even if I tell him? My mother cleans houses for a living and sometimes I go along and help. I met my baby's father and he liked me but knew his family would not like that we liked each other so it was a secret. I got pregnant right before he left for college and when I found out my mom talked to his parents. They did not want him distracted from college because they want him to be a lawyer like his father. His parents said they will make sure the baby is well provided for if I don't tell him about the baby or contact him at all. Can they stop paying support for the baby? My mom accepted their offer so the baby has everything she needs. I feel like it's not right to not tell him but my mom wants me to stay quiet. What do you think I should do? I really need the money support they have been providing. Can they stop helping with expenses if I tell their son he's a dad? I also posted this in momforaminute
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id8bfzq
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id87ptl
| 1,655,847,967 | 1,655,846,289 | 161 | 99 |
There's nothing generous about this. They're buying your silence. As others said, they are under no obligation to pay anything at any time. It makes a *TON* of sense to speak to a family practice attorney to make sure you have a firm agreement in place to cover your bases. This arrangement is unlikely to last for very long.
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They do not owe you child support, their son does. So they can stop any time they want. What state are you in?
| 1 | 1,678 | 1.626263 |
vhns3w
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legaladvice_train
| 0.85 |
My (17F) ex boyfriend's (20M) parents have been very generously paying child support but say they will stop if I tell their son we have a child. How can I make sure I still get child support even if I tell him? My mother cleans houses for a living and sometimes I go along and help. I met my baby's father and he liked me but knew his family would not like that we liked each other so it was a secret. I got pregnant right before he left for college and when I found out my mom talked to his parents. They did not want him distracted from college because they want him to be a lawyer like his father. His parents said they will make sure the baby is well provided for if I don't tell him about the baby or contact him at all. Can they stop paying support for the baby? My mom accepted their offer so the baby has everything she needs. I feel like it's not right to not tell him but my mom wants me to stay quiet. What do you think I should do? I really need the money support they have been providing. Can they stop helping with expenses if I tell their son he's a dad? I also posted this in momforaminute
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id8ktgo
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id8x4at
| 1,655,852,312 | 1,655,858,287 | 25 | 83 |
The problem here is 1) not only are you not telling him but 2) they are merely "helping you", no one is legally required to help you. Although this will be difficult for you without resources, you need to establish paternity and sue him for child support legally in the court. Maybe the local welfare office can help you get that started. If you keep going to way you are going and they decide to just stop sending you money, then what will you do...... You should be looking out for your child's best interest, and that is to legally establish child support.
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They can stop at any time, because they are not obligated to pay you anything, and your recourse would be to have the father pay child support. However, him being a college student it's pretty likely that he doesn't have much income if any. So more than likely his child support obligation would be very minimal. I would recommend saving some of what you receive for a rainy day, because one day it will start raining. You cannot keep his child a secret from him forever.
| 0 | 5,975 | 3.32 |
2suaeo
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legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cnsvspw
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cnsvt0i
| 1,421,599,700 | 1,421,599,718 | 8 | 105 |
(106 MPH for those of us who don't speak metric)
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For those of us that speak Imperial units only, OP's friend topped out at around 106 MPH. Your friend's response was wildly inappropriate. The proper answer, if one feels in danger, is to call the police and/or exit the highway and look for a police station or other public place. Speeding in great excess of the limit is not it. The officer may be in the wrong for his driving style, but your friend's response was totally off-base. He should strongly consider hiring an attorney and presenting his story to the prosecutor. He may be granted a reduction or a dismissal entirely.
| 0 | 18 | 13.125 |
2suaeo
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legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cnsvtis
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cnsvspw
| 1,421,599,749 | 1,421,599,700 | 25 | 8 |
Speeding is never the solution to other shitty drivers. Your friend should have drove the speed limit and called the police. The "they wanted to steal my car" story is odd as they cannot steal your moving car. Hire an attorney
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(106 MPH for those of us who don't speak metric)
| 1 | 49 | 3.125 |
2suaeo
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legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cnt0xhb
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cnsvspw
| 1,421,609,856 | 1,421,599,700 | 10 | 8 |
Court date is tomorrow and just looking for advice today? Prepare him to get spanked. Courts do not appreciate their time being wasted. Sounds like he was charged under the highway traffic act. If it was a ticket (part I) instead of summons (part III), he'll be expected to be ready for a trial tomorrow. Has he ordered disclosure? Has he spoken to the prosecutor? Has he hired representation? If not, he may be able to successfully argue for an adjournment. If it's a summons, the first court appearance is to give the court some indication of when a trial date can be set. Tell him to bring his schedule. Don't want the trial on the same day as final exam. Get him to a local paralegal. Lawyers are knowledgeable in their areas but a local paralegal is very specialized. They will know the prosecutor, the justices, the court staff, the procedures required by the local judiciary, etc etc etc. And they are substantially cheaper than a lawyer. Bigger issues at play than just amount of fine. Insurance companies HATE this charge. May not even continue insuring him after conviction. His rates will increase if convicted. I can't stress enough that your friend should talk to a local paralegal. It doesn't sound like he had a viable defence but a local guy will be able to make that call after reviewing disclosure and getting details from your friend.
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(106 MPH for those of us who don't speak metric)
| 1 | 10,156 | 1.25 |
2suaeo
|
legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cnt7j0h
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cnt9wh8
| 1,421,620,957 | 1,421,625,222 | 3 | 8 |
Is your friend sure the police cruiser had its high beams on?
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> He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. Whoooa! Last night, the wind chill factor around Kingston was about 4 degrees F (source). Could there be a case of deliberately endangering someone??? And do Ontario cars have dash cameras? If so, it could be worthy to ask for the recording.
| 0 | 4,265 | 2.666667 |
2suaeo
|
legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cnt86kz
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cnt9wh8
| 1,421,622,060 | 1,421,625,222 | 2 | 8 |
This happened to me a couple of times, but the patrol cars never stay behind you when you change lanes, mostly I understood its a policeman's way of asking for right of way by tailgating you. Its shitty it happened to your friend, however going at 100 mph has no excuse, if all of us see it this way, you can imagine most judges would too. I am not a lawyer.
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> He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. Whoooa! Last night, the wind chill factor around Kingston was about 4 degrees F (source). Could there be a case of deliberately endangering someone??? And do Ontario cars have dash cameras? If so, it could be worthy to ask for the recording.
| 0 | 3,162 | 4 |
2suaeo
|
legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cntbtwg
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cnt7j0h
| 1,421,628,674 | 1,421,620,957 | 5 | 3 |
Chances are they cop was trying to read his plates so that he could run them in his computer..
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Is your friend sure the police cruiser had its high beams on?
| 1 | 7,717 | 1.666667 |
2suaeo
|
legaladvice_train
| 0.78 |
Friend scared into speeding by tailgating police officer in Ontario, facing 2-10k ticket. Hello, It's my first time posting here, so I apologize in advance for anything I may do wrong. I'm not sure about how much detail is needed so I'll give as much as I can. My friend (20 y/o) was driving on his way back from London, Ontario, to Ottawa, Ontario. Near midnight, my friend reached Kingston, ON. With no other cars on the road, another car began to tailgate him with high beams on, so he couldn't see the car behind him. My friend tried slowing down, switching lanes, and speeding up, but this car would not stop following him from very close behind. At this point, my friend was convinced this was a car thief trying to get him to stop. The next exit was too far for comfort, so my friend tried to get away from the other driver by speeding. The other car kept right on his tail, until he reached 171Km/hr. At this point, the sirens come on. As he is waiting to get his registration back, two other cruisers show up and line up behind the first. My friend is told that a tow truck will come and take his car, and that he has a court date for tomorrow (Monday). He asked for a ride from the officer, who declined and said that if he wanted he could ask the tow truck driver. The police cars then left him on the side of the highway with his car and he waited until the tow truck came. His license was suspended for 7 days. Any help you can offer as to what can be said at court or what to expect would be greatly appreciated. He is a student without a job, still trying to figure out how to pay this semester's 3.5k tuition, and even a 2k ticket would be devastating to his situation, let alone a 10k one.
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cntbtwg
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cnt86kz
| 1,421,628,674 | 1,421,622,060 | 5 | 2 |
Chances are they cop was trying to read his plates so that he could run them in his computer..
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This happened to me a couple of times, but the patrol cars never stay behind you when you change lanes, mostly I understood its a policeman's way of asking for right of way by tailgating you. Its shitty it happened to your friend, however going at 100 mph has no excuse, if all of us see it this way, you can imagine most judges would too. I am not a lawyer.
| 1 | 6,614 | 2.5 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
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ehcrxdy
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ehcx1cz
| 1,551,221,712 | 1,551,225,674 | 83 | 143 |
I am not a lawyer or a doctor, but I am a nurse. Did he still have AFib or did his heart go back to a normal rhythm? If he still had AFib, was he in a blood thinner? That’s really important to prevent blood clots.
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First, I'm sorry for your loss. You definitely need to consult with an attorney. This matter is time-sensitive. If you don't know a good medical malpractice attorney, you should call the local bar association and ask for a referral. You want to find someone who has experience with plaintiff's medical malpractice cases and not just a personal injury attorney. Ask how many med-mal cases the attorney has handled and what they think of a potential claim. You should be able to get this information as part of a free initial consultation. Don't delay in trying to consult with an attorney. You should note that the statute of limitations in Ohio for med-mal actions is very short, but can be extended by taking some steps and delivering a letter with the right language. You should also note that you will need another doctor to opine that your father's death was the result of his doctor's malpractice. A decent med-mal attorney should be able to obtain a doctor who will be willing to review your father's records and give an opinion as to whether malpractice occurred. I hope you are able to get this resolved quickly. ​
| 0 | 3,962 | 1.722892 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
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ehcx1cz
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ehcr8vg
| 1,551,225,674 | 1,551,221,205 | 143 | 34 |
First, I'm sorry for your loss. You definitely need to consult with an attorney. This matter is time-sensitive. If you don't know a good medical malpractice attorney, you should call the local bar association and ask for a referral. You want to find someone who has experience with plaintiff's medical malpractice cases and not just a personal injury attorney. Ask how many med-mal cases the attorney has handled and what they think of a potential claim. You should be able to get this information as part of a free initial consultation. Don't delay in trying to consult with an attorney. You should note that the statute of limitations in Ohio for med-mal actions is very short, but can be extended by taking some steps and delivering a letter with the right language. You should also note that you will need another doctor to opine that your father's death was the result of his doctor's malpractice. A decent med-mal attorney should be able to obtain a doctor who will be willing to review your father's records and give an opinion as to whether malpractice occurred. I hope you are able to get this resolved quickly. ​
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People on this sub can’t speak to medical malpractice issues. You may want to talk to an attorney, but medical malpractice is often hard to prove. What seems like malpractice to non-medical professionals is often not malpractice in the medical or legal community— even if a doctor ends up being wrong, it may not be malpractice as long as their actions were medically reasonable. But you may feel like you want to double check the specifics of your case with an attorney. From the timeline you gave, the fact that the doctor refused service because your dad was late doesn’t seem relevant since your dad was able to return for another appointment a few days later. Denial of service policies for being late to appointments are so common that I would be surprised if they could lead to a malpractice lawsuit outside of urgent circumstances. Also, I’m very sorry for your loss.
| 1 | 4,469 | 4.205882 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehcwru8
|
ehcx1cz
| 1,551,225,464 | 1,551,225,674 | 18 | 143 |
Consult an attorney and get second and third opinions if you have to.
|
First, I'm sorry for your loss. You definitely need to consult with an attorney. This matter is time-sensitive. If you don't know a good medical malpractice attorney, you should call the local bar association and ask for a referral. You want to find someone who has experience with plaintiff's medical malpractice cases and not just a personal injury attorney. Ask how many med-mal cases the attorney has handled and what they think of a potential claim. You should be able to get this information as part of a free initial consultation. Don't delay in trying to consult with an attorney. You should note that the statute of limitations in Ohio for med-mal actions is very short, but can be extended by taking some steps and delivering a letter with the right language. You should also note that you will need another doctor to opine that your father's death was the result of his doctor's malpractice. A decent med-mal attorney should be able to obtain a doctor who will be willing to review your father's records and give an opinion as to whether malpractice occurred. I hope you are able to get this resolved quickly. ​
| 0 | 210 | 7.944444 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehcr8vg
|
ehcrxdy
| 1,551,221,205 | 1,551,221,712 | 34 | 83 |
People on this sub can’t speak to medical malpractice issues. You may want to talk to an attorney, but medical malpractice is often hard to prove. What seems like malpractice to non-medical professionals is often not malpractice in the medical or legal community— even if a doctor ends up being wrong, it may not be malpractice as long as their actions were medically reasonable. But you may feel like you want to double check the specifics of your case with an attorney. From the timeline you gave, the fact that the doctor refused service because your dad was late doesn’t seem relevant since your dad was able to return for another appointment a few days later. Denial of service policies for being late to appointments are so common that I would be surprised if they could lead to a malpractice lawsuit outside of urgent circumstances. Also, I’m very sorry for your loss.
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I am not a lawyer or a doctor, but I am a nurse. Did he still have AFib or did his heart go back to a normal rhythm? If he still had AFib, was he in a blood thinner? That’s really important to prevent blood clots.
| 0 | 507 | 2.441176 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehcr8vg
|
ehditg4
| 1,551,221,205 | 1,551,243,148 | 34 | 66 |
People on this sub can’t speak to medical malpractice issues. You may want to talk to an attorney, but medical malpractice is often hard to prove. What seems like malpractice to non-medical professionals is often not malpractice in the medical or legal community— even if a doctor ends up being wrong, it may not be malpractice as long as their actions were medically reasonable. But you may feel like you want to double check the specifics of your case with an attorney. From the timeline you gave, the fact that the doctor refused service because your dad was late doesn’t seem relevant since your dad was able to return for another appointment a few days later. Denial of service policies for being late to appointments are so common that I would be surprised if they could lead to a malpractice lawsuit outside of urgent circumstances. Also, I’m very sorry for your loss.
|
I am not a lawyer but the first thing the doctors office will say is that if he felt something was wrong he should have went directly to an ER instead of waiting for an office visit.
| 0 | 21,943 | 1.941176 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehditg4
|
ehcwru8
| 1,551,243,148 | 1,551,225,464 | 66 | 18 |
I am not a lawyer but the first thing the doctors office will say is that if he felt something was wrong he should have went directly to an ER instead of waiting for an office visit.
|
Consult an attorney and get second and third opinions if you have to.
| 1 | 17,684 | 3.666667 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehditg4
|
ehdfysc
| 1,551,243,148 | 1,551,240,586 | 66 | 6 |
I am not a lawyer but the first thing the doctors office will say is that if he felt something was wrong he should have went directly to an ER instead of waiting for an office visit.
|
Not a lawyer but I'm very familiar with the medical professional liability (aka med mal) insurance market. A very common claim is "failure to diagnose". Can't speak to the specifics of this case but (1) this sounds like a textbook failure to diagnose claim and (2) think that at a minimum you'd probably get some money because it's cheaper to settle than go to court (and you'd potentially get a lot of money). Many med mal lawyers work on a contingency fee basis (they get a % what you get / only get paid if you get paid). The best lawyers in this space prefer that model. I'd look for one of them. And those that charge hourly often give free consultations so I'd talk to a lawyer as it shouldn't cost you anything. Either way, talk to a few lawyers - shouldn't cost you anything to figure out if you have a case and get a sense of how strong it is.
| 1 | 2,562 | 11 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehcr8vg
|
ehdpghd
| 1,551,221,205 | 1,551,250,561 | 34 | 47 |
People on this sub can’t speak to medical malpractice issues. You may want to talk to an attorney, but medical malpractice is often hard to prove. What seems like malpractice to non-medical professionals is often not malpractice in the medical or legal community— even if a doctor ends up being wrong, it may not be malpractice as long as their actions were medically reasonable. But you may feel like you want to double check the specifics of your case with an attorney. From the timeline you gave, the fact that the doctor refused service because your dad was late doesn’t seem relevant since your dad was able to return for another appointment a few days later. Denial of service policies for being late to appointments are so common that I would be surprised if they could lead to a malpractice lawsuit outside of urgent circumstances. Also, I’m very sorry for your loss.
|
He was seen by the same doctor the very NEXT DAY and a full 4 days before the trip to the hospital. The day's delay is almost certainly irrelevant, unless your lawyer can prove that there was a condition present on Tuesday and that a day earlier's diagnosis would have made a material difference in the outcome... so don't lead with the 'denied visit.' That's a red herring. The point you need to focus on is whether the misdiagnosis on Wednesday was 1 - unreasonable, in light of the standard of practice in this country and 2 - contributed directly to the death. Those are the two questions a medical malpractice attorney will need to get answers to in order to figure out if you have a case. If he ran the appropriate tests for the symptoms that were present, and reached a medically defensible conclusion, there's no malpractice. If that care deviated from the standard in this country (i.e. - standard practice would have been to order more tests, or reach a different conclusion)... there may be. And the next issue is proving that if he had done the correct test on Wednesday, he would have learned something by Sunday that would have prevented the death. Because those two questions are VERY situation specific, it takes someone who understands both the medical and legal sides of the issue to do an in depth review of the facts to give you a prognosis. But hopefully I've provided a little context to understand how a lawyer will view your case, and what things you need to be ready to discuss with them.
| 0 | 29,356 | 1.382353 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehcwru8
|
ehdpghd
| 1,551,225,464 | 1,551,250,561 | 18 | 47 |
Consult an attorney and get second and third opinions if you have to.
|
He was seen by the same doctor the very NEXT DAY and a full 4 days before the trip to the hospital. The day's delay is almost certainly irrelevant, unless your lawyer can prove that there was a condition present on Tuesday and that a day earlier's diagnosis would have made a material difference in the outcome... so don't lead with the 'denied visit.' That's a red herring. The point you need to focus on is whether the misdiagnosis on Wednesday was 1 - unreasonable, in light of the standard of practice in this country and 2 - contributed directly to the death. Those are the two questions a medical malpractice attorney will need to get answers to in order to figure out if you have a case. If he ran the appropriate tests for the symptoms that were present, and reached a medically defensible conclusion, there's no malpractice. If that care deviated from the standard in this country (i.e. - standard practice would have been to order more tests, or reach a different conclusion)... there may be. And the next issue is proving that if he had done the correct test on Wednesday, he would have learned something by Sunday that would have prevented the death. Because those two questions are VERY situation specific, it takes someone who understands both the medical and legal sides of the issue to do an in depth review of the facts to give you a prognosis. But hopefully I've provided a little context to understand how a lawyer will view your case, and what things you need to be ready to discuss with them.
| 0 | 25,097 | 2.611111 |
av4bjl
|
legaladvice_train
| 0.95 |
Father dies a few days after being denied by a doctor for being 10 minutes late for his appointment. Then misdiagnosed State of ohio. Father had been dealing with an AFIB. He was recently taken off the majority of his medication because he was doing good after getting his heart cauterized. The past two weeks he had been dealing with short of breath and loss of consciousness Father had an appointment with his doctor on tuesday the 18th. He had a hard time walking through the parking lot, because he was weak, short of breath, and randomly losing consciousness. When he got to the Doctors office the doctor personaly denied treatment because he was 10 minutes late. Therefore he had to reschedule the appointment to wednesday the 19th. Wednesday the doctor listened to his heart and lungs, but ran no tests. Without considering his recent heart issues the doctor misdiagnosed him with lung issues. He was rushed to the emergency room Sunday night, and died Monday morning from heart failure due to a blood clot. So far this doctor and his office have been avoiding us and our loss. Is there a case here, and this worth talking to a lawyer about? Any information would be of great help Thank you.
|
ehdfysc
|
ehdpghd
| 1,551,240,586 | 1,551,250,561 | 6 | 47 |
Not a lawyer but I'm very familiar with the medical professional liability (aka med mal) insurance market. A very common claim is "failure to diagnose". Can't speak to the specifics of this case but (1) this sounds like a textbook failure to diagnose claim and (2) think that at a minimum you'd probably get some money because it's cheaper to settle than go to court (and you'd potentially get a lot of money). Many med mal lawyers work on a contingency fee basis (they get a % what you get / only get paid if you get paid). The best lawyers in this space prefer that model. I'd look for one of them. And those that charge hourly often give free consultations so I'd talk to a lawyer as it shouldn't cost you anything. Either way, talk to a few lawyers - shouldn't cost you anything to figure out if you have a case and get a sense of how strong it is.
|
He was seen by the same doctor the very NEXT DAY and a full 4 days before the trip to the hospital. The day's delay is almost certainly irrelevant, unless your lawyer can prove that there was a condition present on Tuesday and that a day earlier's diagnosis would have made a material difference in the outcome... so don't lead with the 'denied visit.' That's a red herring. The point you need to focus on is whether the misdiagnosis on Wednesday was 1 - unreasonable, in light of the standard of practice in this country and 2 - contributed directly to the death. Those are the two questions a medical malpractice attorney will need to get answers to in order to figure out if you have a case. If he ran the appropriate tests for the symptoms that were present, and reached a medically defensible conclusion, there's no malpractice. If that care deviated from the standard in this country (i.e. - standard practice would have been to order more tests, or reach a different conclusion)... there may be. And the next issue is proving that if he had done the correct test on Wednesday, he would have learned something by Sunday that would have prevented the death. Because those two questions are VERY situation specific, it takes someone who understands both the medical and legal sides of the issue to do an in depth review of the facts to give you a prognosis. But hopefully I've provided a little context to understand how a lawyer will view your case, and what things you need to be ready to discuss with them.
| 0 | 9,975 | 7.833333 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie1umor
|
ie1uxg9
| 1,656,422,092 | 1,656,422,239 | 61 | 266 |
lol the education is public not necessarily the land nevertheless, you don’t have the right to be on public land whenever you want or do whatever you want on public land. the government can restrict your actions on public land and schools are usually entrusted to a school board who can set policies and exclude people as they see fit. you can’t build a house in a national park, and the school is allowed to restrict use of the parking lot to faculty, staff and students, or forbid its use entirely at night. ”who owns the land the public school is on” is actually location-specific, but i’m very comfortable saying that generally, unless you are a student at or work at that specific school, you can legally be forbidden from its grounds even if it is public land.
|
Even public general parking lots can set rules about when parking is allowed. (e.g. "no overnight parking," "no parking between 2 AM and 5 AM Weekdays" etc). In this case, the school and its associated parking lot are publicly funded, but they aren't just open 24/7/365. You can't wander into the school at any hour, and you can't park in its parking lot if they don't want you parked there.
| 0 | 147 | 4.360656 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie23ty3
|
ie1umor
| 1,656,426,291 | 1,656,422,092 | 212 | 61 |
"Publicly owned" does not mean "Public place", and even "public place" doesn't mean it has to be open access 24/7 The White House lawn is publicly owned, but you can't just go hang out there
|
lol the education is public not necessarily the land nevertheless, you don’t have the right to be on public land whenever you want or do whatever you want on public land. the government can restrict your actions on public land and schools are usually entrusted to a school board who can set policies and exclude people as they see fit. you can’t build a house in a national park, and the school is allowed to restrict use of the parking lot to faculty, staff and students, or forbid its use entirely at night. ”who owns the land the public school is on” is actually location-specific, but i’m very comfortable saying that generally, unless you are a student at or work at that specific school, you can legally be forbidden from its grounds even if it is public land.
| 1 | 4,199 | 3.47541 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie1vmwm
|
ie23ty3
| 1,656,422,582 | 1,656,426,291 | 24 | 212 |
You may or may not be legally required to "identify" yourself in a situation like this... However, any law enforcement or government inspector who finds you engaged in an activity that requires a license can ask to see your license. It's incidental that this also identifies you. In most of the US, this means a police officer who finds you in the driver's seat of a car and who has some reasonable suspicion *can* require you to show that you have a license to operate a car. This isn't all that much different from a game warden who sees you fishing and asks to see your fishing license, or a government inspector at building asking to see the permit for the building's elevator. Your location and time of day definitely factor in to the reasonable suspicion: Who needs to be parked at night in a high school parking lot? A police officer probably has enough "specific articulable facts" on which to decide to find out what is going on.
|
"Publicly owned" does not mean "Public place", and even "public place" doesn't mean it has to be open access 24/7 The White House lawn is publicly owned, but you can't just go hang out there
| 0 | 3,709 | 8.833333 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie2evhm
|
ie1umor
| 1,656,430,838 | 1,656,422,092 | 135 | 61 |
Just a heads up, most parking lots and any public parks are usually closed at night, and when cops see a teenager sitting there listening to music, they will basically immediately assume that you are smoking weed or drinking and come and question you (most of the time they are right). Just be aware for next time.
|
lol the education is public not necessarily the land nevertheless, you don’t have the right to be on public land whenever you want or do whatever you want on public land. the government can restrict your actions on public land and schools are usually entrusted to a school board who can set policies and exclude people as they see fit. you can’t build a house in a national park, and the school is allowed to restrict use of the parking lot to faculty, staff and students, or forbid its use entirely at night. ”who owns the land the public school is on” is actually location-specific, but i’m very comfortable saying that generally, unless you are a student at or work at that specific school, you can legally be forbidden from its grounds even if it is public land.
| 1 | 8,746 | 2.213115 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie2evhm
|
ie1vmwm
| 1,656,430,838 | 1,656,422,582 | 135 | 24 |
Just a heads up, most parking lots and any public parks are usually closed at night, and when cops see a teenager sitting there listening to music, they will basically immediately assume that you are smoking weed or drinking and come and question you (most of the time they are right). Just be aware for next time.
|
You may or may not be legally required to "identify" yourself in a situation like this... However, any law enforcement or government inspector who finds you engaged in an activity that requires a license can ask to see your license. It's incidental that this also identifies you. In most of the US, this means a police officer who finds you in the driver's seat of a car and who has some reasonable suspicion *can* require you to show that you have a license to operate a car. This isn't all that much different from a game warden who sees you fishing and asks to see your fishing license, or a government inspector at building asking to see the permit for the building's elevator. Your location and time of day definitely factor in to the reasonable suspicion: Who needs to be parked at night in a high school parking lot? A police officer probably has enough "specific articulable facts" on which to decide to find out what is going on.
| 1 | 8,256 | 5.625 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie2evhm
|
ie2d3nh
| 1,656,430,838 | 1,656,430,123 | 135 | 6 |
Just a heads up, most parking lots and any public parks are usually closed at night, and when cops see a teenager sitting there listening to music, they will basically immediately assume that you are smoking weed or drinking and come and question you (most of the time they are right). Just be aware for next time.
|
Generally no. Schools are publicly owned, but the grounds are not considered public property (unless stated otherwise. For example, the school I work at has its playground considered a 'public space' during daylight hours whenever school is not in session, but there are also signs saying as much and it is only the playground that gets this consideration not the rest of the school). So unless you have a specific reason for being in the parking lot that related to the school itself (you're picking up a kid, you work at the school, you're chaperoning a field trip, etc.) then you're not supposed to be there. There's several reasons for this, but they all boil down to the same thing: shitty people try to use 'public property' to do questionable or illegal things, and it makes the school unsafe. Drug deals after hours, parking in the parking lot and walking to a nearby friend's house for a party, stalking people, school shootings, kidnapping, and so forth. These are all things the laws are trying to prevent, and that's why you can't just park in a school parking lot because you want to.
| 1 | 715 | 22.5 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie2f9gw
|
ie1vmwm
| 1,656,430,990 | 1,656,422,582 | 29 | 24 |
Minnesota mom here... more than likely the police officer was checking to see if you were, drinking alcohol, smoking weed, or having sex. Listening to music is a default cover-up excuse for all three of those activities. Unfortunately, at night there isn't too many quiet places to park without being suspicious of those activities. Our City parks usually have "closed" times as well (like 10pm) that aren't obviously posted at the park (but it's on our city website). Yes, if a police officer asks to see your ID, you have to show them. It will help you more if you are a bit more truthful with them as well, like, "My parents were fighting/being annoying/had a disagreement with girlfriend/etc, so that's why I'm parked here just trying to chill."
|
You may or may not be legally required to "identify" yourself in a situation like this... However, any law enforcement or government inspector who finds you engaged in an activity that requires a license can ask to see your license. It's incidental that this also identifies you. In most of the US, this means a police officer who finds you in the driver's seat of a car and who has some reasonable suspicion *can* require you to show that you have a license to operate a car. This isn't all that much different from a game warden who sees you fishing and asks to see your fishing license, or a government inspector at building asking to see the permit for the building's elevator. Your location and time of day definitely factor in to the reasonable suspicion: Who needs to be parked at night in a high school parking lot? A police officer probably has enough "specific articulable facts" on which to decide to find out what is going on.
| 1 | 8,408 | 1.208333 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie2d3nh
|
ie2f9gw
| 1,656,430,123 | 1,656,430,990 | 6 | 29 |
Generally no. Schools are publicly owned, but the grounds are not considered public property (unless stated otherwise. For example, the school I work at has its playground considered a 'public space' during daylight hours whenever school is not in session, but there are also signs saying as much and it is only the playground that gets this consideration not the rest of the school). So unless you have a specific reason for being in the parking lot that related to the school itself (you're picking up a kid, you work at the school, you're chaperoning a field trip, etc.) then you're not supposed to be there. There's several reasons for this, but they all boil down to the same thing: shitty people try to use 'public property' to do questionable or illegal things, and it makes the school unsafe. Drug deals after hours, parking in the parking lot and walking to a nearby friend's house for a party, stalking people, school shootings, kidnapping, and so forth. These are all things the laws are trying to prevent, and that's why you can't just park in a school parking lot because you want to.
|
Minnesota mom here... more than likely the police officer was checking to see if you were, drinking alcohol, smoking weed, or having sex. Listening to music is a default cover-up excuse for all three of those activities. Unfortunately, at night there isn't too many quiet places to park without being suspicious of those activities. Our City parks usually have "closed" times as well (like 10pm) that aren't obviously posted at the park (but it's on our city website). Yes, if a police officer asks to see your ID, you have to show them. It will help you more if you are a bit more truthful with them as well, like, "My parents were fighting/being annoying/had a disagreement with girlfriend/etc, so that's why I'm parked here just trying to chill."
| 0 | 867 | 4.833333 |
vmm484
|
legaladvice_train
| 0.91 |
Stopped by police for parking in public high school parking lot Around 11pm a few days ago I was listening to music while parked in an empty public high school (that I go to) parking lot. Lights suddenly flashed behind me and an officer walked up to my window and asked what I was doing, told them I was simply listening to music, they asked for my license (I gave them it, didn’t want to create any problems. Am I legally required to identify myself in this situation though?) and told me “you can’t be here at night”, is this true? I may be in the wrong, but I thought it would be considered public property? Can I legally park in a *public* high school parking lot at night? In Minnesota BTW.
|
ie2d3nh
|
ie2fxzf
| 1,656,430,123 | 1,656,431,261 | 6 | 12 |
Generally no. Schools are publicly owned, but the grounds are not considered public property (unless stated otherwise. For example, the school I work at has its playground considered a 'public space' during daylight hours whenever school is not in session, but there are also signs saying as much and it is only the playground that gets this consideration not the rest of the school). So unless you have a specific reason for being in the parking lot that related to the school itself (you're picking up a kid, you work at the school, you're chaperoning a field trip, etc.) then you're not supposed to be there. There's several reasons for this, but they all boil down to the same thing: shitty people try to use 'public property' to do questionable or illegal things, and it makes the school unsafe. Drug deals after hours, parking in the parking lot and walking to a nearby friend's house for a party, stalking people, school shootings, kidnapping, and so forth. These are all things the laws are trying to prevent, and that's why you can't just park in a school parking lot because you want to.
|
If you’re a high schooler in your parking lot, no one will really give you problems. Now if I show up 8 years after graduating, that’s a no go.
| 0 | 1,138 | 2 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxq4ehm
|
gxq39gj
| 1,620,738,885 | 1,620,738,301 | 83 | 35 |
Were you not served because you continually ducked service? What do you mean by, “most honest lawyer you found,” where did you find them?
|
Were you evicted for non-payment of rent?
| 1 | 584 | 2.371429 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxr841s
|
gxq39gj
| 1,620,755,881 | 1,620,738,301 | 74 | 35 |
The fact that you are having trouble getting an attorney makes me believe you are not telling us the whole story. Why are you being evicted anyway?
|
Were you evicted for non-payment of rent?
| 1 | 17,580 | 2.114286 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxr841s
|
gxqy6rw
| 1,620,755,881 | 1,620,751,839 | 74 | 28 |
The fact that you are having trouble getting an attorney makes me believe you are not telling us the whole story. Why are you being evicted anyway?
|
Why are they trying to evict you?
| 1 | 4,042 | 2.642857 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxq39gj
|
gxsimwf
| 1,620,738,301 | 1,620,775,930 | 35 | 37 |
Were you evicted for non-payment of rent?
|
Not enough info here. Why were you being evicted? Why is no one taking the case? Methinks you did something bad.
| 0 | 37,629 | 1.057143 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxsimwf
|
gxqy6rw
| 1,620,775,930 | 1,620,751,839 | 37 | 28 |
Not enough info here. Why were you being evicted? Why is no one taking the case? Methinks you did something bad.
|
Why are they trying to evict you?
| 1 | 24,091 | 1.321429 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxsimwf
|
gxrll3q
| 1,620,775,930 | 1,620,761,387 | 37 | 13 |
Not enough info here. Why were you being evicted? Why is no one taking the case? Methinks you did something bad.
|
You can respond to the court that you never received service.
| 1 | 14,543 | 2.846154 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxrh6e9
|
gxsimwf
| 1,620,759,592 | 1,620,775,930 | 13 | 37 |
I recently won a battle with my LL. You weren’t served the suit either? Have you checked your mail? The outside of your door? Do you have a door cam? What state is this? Why are you being evicted? First and foremost you need to go to court like right now and request a stay. Then you need to file a motion to vacate default judgment. Explain why you missed court. Keep short and to the point
|
Not enough info here. Why were you being evicted? Why is no one taking the case? Methinks you did something bad.
| 0 | 16,338 | 2.846154 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxsimwf
|
gxry4c3
| 1,620,775,930 | 1,620,766,583 | 37 | 7 |
Not enough info here. Why were you being evicted? Why is no one taking the case? Methinks you did something bad.
|
>motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server.
Not a lawyer. Don't know CA law. Has the Sheriff actually evicted you yet? If not, it sounds like you need to file an emergency motion to vacate the default judgment and a motion to quash service. You'll probably need to attach an affidavit in support of your motions.
| 1 | 9,347 | 5.285714 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxry4c3
|
gxtespt
| 1,620,766,583 | 1,620,792,812 | 7 | 10 |
>motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server.
Not a lawyer. Don't know CA law. Has the Sheriff actually evicted you yet? If not, it sounds like you need to file an emergency motion to vacate the default judgment and a motion to quash service. You'll probably need to attach an affidavit in support of your motions.
|
So you were legally evicted basically..... if he went through enough to get the sheriff to evict you, you are evicted. Move on. You could fight it, but you will be up against a lot of "proof" that you were legally evicted. Even if you wish to dispute the "proof" you will likely have to spend money on a lawyer to fight back. As I always say, take all information and paperwork to an attorney in your area and pay for a real consultation and see what the attorney thinks. But it sounds like, despite your claims of never getting served and all that, you're probably screwed and should move on instead of fighting it.
| 0 | 26,229 | 1.428571 |
n9wek4
|
legaladvice_train
| 0.71 |
I got screwed by the system. Landlord faked service in February, I of course missed my court date in April because I had no idea, and I found out I got evicted on Friday by a Sheriff posting. I only found out about this on Friday and the most honest lawyer I found told me I'm screwed: a motion to vacate the default judgment against me will be most certainly denied because the court is going to by default side with the process server. So I'm evicted and that's that--never had my day in court, nothing. What gives? How is this so easy to just screw somebody like me? I am in California. I can't even find an attorney to take my case or give me basic advice.
|
gxt0wu0
|
gxtespt
| 1,620,785,126 | 1,620,792,812 | 2 | 10 |
Not sure about California but most states counties have a public portal where you can lookup case info with either your name or case # which would be on the paperwork you have and that will show all and every step that took place regarding case from time and date of filing to present. But like others have advised time is of essence.
|
So you were legally evicted basically..... if he went through enough to get the sheriff to evict you, you are evicted. Move on. You could fight it, but you will be up against a lot of "proof" that you were legally evicted. Even if you wish to dispute the "proof" you will likely have to spend money on a lawyer to fight back. As I always say, take all information and paperwork to an attorney in your area and pay for a real consultation and see what the attorney thinks. But it sounds like, despite your claims of never getting served and all that, you're probably screwed and should move on instead of fighting it.
| 0 | 7,686 | 5 |
zokmqy
|
legaladvice_train
| 0.78 |
My EX filed for Change of custody, and mailed me the forms 2 weeks before the court date-so I have less than 12 days including the holiday to get it in, this is all in California She wants the kids to have a day as to whether they come to see me or not, and she buys the kids like “we’re going on a cruise but you have to ask your dad if you can go instead of going to him.” And she filed October 17th and mailed it on December 14th. Not sure what to do. Any advise would be great. Thanks in advance.
|
j0nkm8j
|
j0nmh95
| 1,671,324,776 | 1,671,325,677 | 10 | 94 |
Not that minors get to make custody decisions at any age, in any state (they may, if the judge allows, give their input only) but if the kids are older teens, you would need to take into consideration how enforcing your parenting time could effect your adult relationship with them. Regardless of age, however, I would not agree to anything. If she hires an attorney and files for a modification, you need to hire one also. Also something to keep in mind, a reduction of your parenting time can result in you paying a higher amount of child support.
|
I typed out a long response but then decided it would be better to answer you very specifically. 1. What is the hearing date on the first page of the Request for Order? 2. What boxes did she check on the Request for Order? 3. If she checked box 8, what other relief is she requesting? 4. Is this post marital dissolution? If so, did she enclose a form FL-334? 5. What date does she write on the FL-335 for date of service? 6. Did she enclose a blank form FL-320?
| 0 | 901 | 9.4 |
zokmqy
|
legaladvice_train
| 0.78 |
My EX filed for Change of custody, and mailed me the forms 2 weeks before the court date-so I have less than 12 days including the holiday to get it in, this is all in California She wants the kids to have a day as to whether they come to see me or not, and she buys the kids like “we’re going on a cruise but you have to ask your dad if you can go instead of going to him.” And she filed October 17th and mailed it on December 14th. Not sure what to do. Any advise would be great. Thanks in advance.
|
j0nftgx
|
j0nmh95
| 1,671,322,518 | 1,671,325,677 | 11 | 94 |
What exactly is your legal question?
|
I typed out a long response but then decided it would be better to answer you very specifically. 1. What is the hearing date on the first page of the Request for Order? 2. What boxes did she check on the Request for Order? 3. If she checked box 8, what other relief is she requesting? 4. Is this post marital dissolution? If so, did she enclose a form FL-334? 5. What date does she write on the FL-335 for date of service? 6. Did she enclose a blank form FL-320?
| 0 | 3,159 | 8.545455 |
zokmqy
|
legaladvice_train
| 0.78 |
My EX filed for Change of custody, and mailed me the forms 2 weeks before the court date-so I have less than 12 days including the holiday to get it in, this is all in California She wants the kids to have a day as to whether they come to see me or not, and she buys the kids like “we’re going on a cruise but you have to ask your dad if you can go instead of going to him.” And she filed October 17th and mailed it on December 14th. Not sure what to do. Any advise would be great. Thanks in advance.
|
j0nkm8j
|
j0ptdzx
| 1,671,324,776 | 1,671,375,679 | 10 | 36 |
Not that minors get to make custody decisions at any age, in any state (they may, if the judge allows, give their input only) but if the kids are older teens, you would need to take into consideration how enforcing your parenting time could effect your adult relationship with them. Regardless of age, however, I would not agree to anything. If she hires an attorney and files for a modification, you need to hire one also. Also something to keep in mind, a reduction of your parenting time can result in you paying a higher amount of child support.
|
Get a lawyer. You’re not answering anybody on here specifically. You need someone to sort this out for you.
| 0 | 50,903 | 3.6 |
zokmqy
|
legaladvice_train
| 0.78 |
My EX filed for Change of custody, and mailed me the forms 2 weeks before the court date-so I have less than 12 days including the holiday to get it in, this is all in California She wants the kids to have a day as to whether they come to see me or not, and she buys the kids like “we’re going on a cruise but you have to ask your dad if you can go instead of going to him.” And she filed October 17th and mailed it on December 14th. Not sure what to do. Any advise would be great. Thanks in advance.
|
j0ptdzx
|
j0nftgx
| 1,671,375,679 | 1,671,322,518 | 36 | 11 |
Get a lawyer. You’re not answering anybody on here specifically. You need someone to sort this out for you.
|
What exactly is your legal question?
| 1 | 53,161 | 3.272727 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eisvojt
|
eisl44e
| 1,552,917,434 | 1,552,906,485 | 161 | 83 |
Child support is not alimony. You created these children and are therefore responsible for a portion of its expenses. It doesn't matter if your wife is a billionaire and you make minimum wage, you still owe something towards the expenses of your progeny. You HAVE TO APPEAR, because otherwise the judgement will 100% of the time be the exact one you do not want. Also different states have all kinds of tough penalties for "deadbeat dads", everything from license suspension to jail/loss of public benefits. You need to sort this out, sell your house and live in a tent if you have to, this can screw your life up for several years.
|
If you support is far off what the calculator suggests it might be worth filing for a modification. https://www.alllaw.com/calculators/childsupport/maine
| 1 | 10,949 | 1.939759 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eisvojt
|
eis9koa
| 1,552,917,434 | 1,552,887,525 | 161 | 47 |
Child support is not alimony. You created these children and are therefore responsible for a portion of its expenses. It doesn't matter if your wife is a billionaire and you make minimum wage, you still owe something towards the expenses of your progeny. You HAVE TO APPEAR, because otherwise the judgement will 100% of the time be the exact one you do not want. Also different states have all kinds of tough penalties for "deadbeat dads", everything from license suspension to jail/loss of public benefits. You need to sort this out, sell your house and live in a tent if you have to, this can screw your life up for several years.
|
You do not pay anything until a judge orders it. You will have a hearing and explain why you have not made the payments. The judge may then decide to not hold you in contempt of the court order.
| 1 | 29,909 | 3.425532 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eisl44e
|
eitvkhm
| 1,552,906,485 | 1,552,942,850 | 83 | 119 |
If you support is far off what the calculator suggests it might be worth filing for a modification. https://www.alllaw.com/calculators/childsupport/maine
|
If you can't afford child support, the BEST thing you can do is go to court. That's literally your only chance to get your payments lowered. Show up, make your case, explain why you can't pay, BRING DOCUMENTATION AND PROOF.
| 0 | 36,365 | 1.433735 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eisy9r3
|
eitvkhm
| 1,552,919,556 | 1,552,942,850 | 46 | 119 |
how did they complete the support order without your information in the first place. Some of what you are saying doesn't make sense. If your wife makes that much more than you the support order would be for insurance coverage and the monthly minimum which is 50 dollars in most states. 1. How was the support order established in the first place? 2. you have a right to dispute any support order usually within a 90 day window. However every support order can be reviewed by your CSEA case worker on an annual basis. Ohio it is every 3 years or if there is a change in circumstances like living conditions, job changes personal injury etc. This will be your best option, simply dispute the support order and go to mediation. 3. You do not have to appear, however having a warrant issued for unpaid child support is not in anyone's best interest, especially for you or your children. Also unpaid child support comes with heavy penalties. Jail, loss of any type of drivers license, fees and fines from the state. contact the CSEA in the county where your support order is issued. Dispute the support order and ask for mediation, most times it is free or comes at very minimal cost as long as all parties can be civil. Pay the backed support. If you get the support order amended try and fight for a retroactive change in the deduction based on your previous overpay if possible. Do not ignore these things, do not do nothing.
|
If you can't afford child support, the BEST thing you can do is go to court. That's literally your only chance to get your payments lowered. Show up, make your case, explain why you can't pay, BRING DOCUMENTATION AND PROOF.
| 0 | 23,294 | 2.586957 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eis9koa
|
eitvkhm
| 1,552,887,525 | 1,552,942,850 | 47 | 119 |
You do not pay anything until a judge orders it. You will have a hearing and explain why you have not made the payments. The judge may then decide to not hold you in contempt of the court order.
|
If you can't afford child support, the BEST thing you can do is go to court. That's literally your only chance to get your payments lowered. Show up, make your case, explain why you can't pay, BRING DOCUMENTATION AND PROOF.
| 0 | 55,325 | 2.531915 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eit1ov0
|
eitvkhm
| 1,552,922,109 | 1,552,942,850 | 24 | 119 |
It would be in your best interests to catch up on your child support prior to this hearing. In Maine, jail isn't a typical outcome, but losing your driver's license certainly is, and if you livelihood depends on transportation you can get caught in a vicious cycle. If not paid, you may need to arrange for someone to pick you up from court. Whether you can afford it or not or the fact the custodial parent has more money is not going to be a defense for failing to support your child. If you believe the support was not calculated correctly, you can initiate a review ONLY for support going forward, not arrears. https://www.maine.gov/dhhs/ofi/dser/support-services/order-review.html
|
If you can't afford child support, the BEST thing you can do is go to court. That's literally your only chance to get your payments lowered. Show up, make your case, explain why you can't pay, BRING DOCUMENTATION AND PROOF.
| 0 | 20,741 | 4.958333 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eis9koa
|
eisl44e
| 1,552,887,525 | 1,552,906,485 | 47 | 83 |
You do not pay anything until a judge orders it. You will have a hearing and explain why you have not made the payments. The judge may then decide to not hold you in contempt of the court order.
|
If you support is far off what the calculator suggests it might be worth filing for a modification. https://www.alllaw.com/calculators/childsupport/maine
| 0 | 18,960 | 1.765957 |
b2e5ve
|
legaladvice_train
| 0.79 |
Ex-wife has filed a case, and I found out the court date by accident, but have not been served. Maine So to try and sum up quickly: ex-wife and I divorced a couple years ago. We had one child together. At first there was no child support order, as she makes far more money than me. I got remarried, and my new wife and I barely make ends meet. Ex-wife remarried, then petitioned for child support. Court sided with her, support was ordered. I cannot afford it. I have paid what I can here and there, but it comes out of grocery and utility money, and my new wife and I struggle every time. I'm far behind on what the court ordered, and have no possible means to catch up. My ex-wife alone makes more than my wife and I do combined, and her new husband works full time as well. Recently, I had my child over for visitation, and my father drove her back to my ex-wife's house. He was met by a sheriff depute who informed him that I was being summoned to court for failure to pay support, and told him the date. My parents are willing to help me catch up on the back owed amount, but they can't really afford it either. And I'd like to look into legal options of my own, but the date is only a couple weeks away. If I haven't been served, but my father was told the court date, do I have to appear? What options do I have here?
|
eixpwuz
|
eiu8a81
| 1,553,055,738 | 1,552,952,190 | 4 | 3 |
If there is a child support order, it usually isn't a matter of handing over money even you decide you can afford it. In most cases your paycheck is garnished. If you're working under the table, or not working up to what you are deemed capable of earning, you're going too have issues, regardless of when you go to court. What is the situation that direct deduction is being avoided?
|
You’d be smart to show up.
| 1 | 103,548 | 1.333333 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h42rl5j
|
h43royf
| 1,625,442,390 | 1,625,467,028 | 913 | 1,579 |
They can lower his pay moving forward, but this isn't a case where a clerical error causes an over-payment (that must be repaid). He was told he was getting a raise, the raise was presumably submitted to payroll buy the boss, approved, processed, and paid. Boss also confirmed. It is a rather substantial raise but still, if everything is as he says, then he was operating in good faith. What does his boss say now?
|
It could be PPE loan fraud. Did the business get a PPE loan this year? The 2nd PPE loan was available early this year and the business could have claimed higher employee pay in order to get a larger loan. When the timeline of the loan was up (2-6months later) they ended the pay increase. Asking for the money back is greedy and illegal.
| 0 | 24,638 | 1.729463 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43akkb
|
h43royf
| 1,625,454,614 | 1,625,467,028 | 198 | 1,579 |
I would consult a lawyer. I have handled plenty of overpayment issues, but this seems like buyer remorse on the part of the employer. Do not sign anything without seeking legal advice. I would absolutely tell the employer that is what he(your brother is doing). I do not believe that he will have to pay the money back since they said it was a raise. In non COVID times, doubling salary might raise a big red flag. Now, not as much.
|
It could be PPE loan fraud. Did the business get a PPE loan this year? The 2nd PPE loan was available early this year and the business could have claimed higher employee pay in order to get a larger loan. When the timeline of the loan was up (2-6months later) they ended the pay increase. Asking for the money back is greedy and illegal.
| 0 | 12,414 | 7.974747 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h42vihe
|
h43royf
| 1,625,444,757 | 1,625,467,028 | 64 | 1,579 |
>his boss said he was getting a raise from a pay of 17$ per hour. Did the boss say how much the raise would be before he got it? >After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. It sounds like your brother knows this to be a lie.
|
It could be PPE loan fraud. Did the business get a PPE loan this year? The 2nd PPE loan was available early this year and the business could have claimed higher employee pay in order to get a larger loan. When the timeline of the loan was up (2-6months later) they ended the pay increase. Asking for the money back is greedy and illegal.
| 0 | 22,271 | 24.671875 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43royf
|
h42tgtu
| 1,625,467,028 | 1,625,443,522 | 1,579 | 42 |
It could be PPE loan fraud. Did the business get a PPE loan this year? The 2nd PPE loan was available early this year and the business could have claimed higher employee pay in order to get a larger loan. When the timeline of the loan was up (2-6months later) they ended the pay increase. Asking for the money back is greedy and illegal.
|
$17 to $33 is nearly double — are there positions that pay that much that he would have been promoted to?
| 1 | 23,506 | 37.595238 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43akkb
|
h457tba
| 1,625,454,614 | 1,625,504,066 | 198 | 341 |
I would consult a lawyer. I have handled plenty of overpayment issues, but this seems like buyer remorse on the part of the employer. Do not sign anything without seeking legal advice. I would absolutely tell the employer that is what he(your brother is doing). I do not believe that he will have to pay the money back since they said it was a raise. In non COVID times, doubling salary might raise a big red flag. Now, not as much.
|
I am not a lawyer, but I work in HR and help process payroll for a California division. This is pretty open and shut. They can reduce his wage moving forward but under current employment law in California, they can't ask for any monies back. Whatever monies they've paid to the employee even if it was an accident, the employee keeps.
| 0 | 49,452 | 1.722222 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h457tba
|
h43x9k9
| 1,625,504,066 | 1,625,471,970 | 341 | 129 |
I am not a lawyer, but I work in HR and help process payroll for a California division. This is pretty open and shut. They can reduce his wage moving forward but under current employment law in California, they can't ask for any monies back. Whatever monies they've paid to the employee even if it was an accident, the employee keeps.
|
I could maybe see if the AMOUNT was in dispute, but the idea his 'raise' for becoming more qualified was a pay increase from $17 to... $17 makes this seem like they don't value the employees they have OR the company is in dire financial straits to risk losing employees in what is currently a competitive environment.... He WAS told he was getting a raise, had a basis for expecting one and confirmed it was correct. It SEEMS like they want to disavow the idea a raise was EVER happening and act like it was a complete error, he should definitely get that raise acknowledged somehow. After that, he should probably start looking around for new employment and tell them to kick bricks...
| 1 | 32,096 | 2.643411 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h42vihe
|
h457tba
| 1,625,444,757 | 1,625,504,066 | 64 | 341 |
>his boss said he was getting a raise from a pay of 17$ per hour. Did the boss say how much the raise would be before he got it? >After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. It sounds like your brother knows this to be a lie.
|
I am not a lawyer, but I work in HR and help process payroll for a California division. This is pretty open and shut. They can reduce his wage moving forward but under current employment law in California, they can't ask for any monies back. Whatever monies they've paid to the employee even if it was an accident, the employee keeps.
| 0 | 59,309 | 5.328125 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h42tgtu
|
h457tba
| 1,625,443,522 | 1,625,504,066 | 42 | 341 |
$17 to $33 is nearly double — are there positions that pay that much that he would have been promoted to?
|
I am not a lawyer, but I work in HR and help process payroll for a California division. This is pretty open and shut. They can reduce his wage moving forward but under current employment law in California, they can't ask for any monies back. Whatever monies they've paid to the employee even if it was an accident, the employee keeps.
| 0 | 60,544 | 8.119048 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h44orgg
|
h457tba
| 1,625,494,194 | 1,625,504,066 | 40 | 341 |
Did he sign any paperwork for the rate change?
|
I am not a lawyer, but I work in HR and help process payroll for a California division. This is pretty open and shut. They can reduce his wage moving forward but under current employment law in California, they can't ask for any monies back. Whatever monies they've paid to the employee even if it was an accident, the employee keeps.
| 0 | 9,872 | 8.525 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43akkb
|
h42vihe
| 1,625,454,614 | 1,625,444,757 | 198 | 64 |
I would consult a lawyer. I have handled plenty of overpayment issues, but this seems like buyer remorse on the part of the employer. Do not sign anything without seeking legal advice. I would absolutely tell the employer that is what he(your brother is doing). I do not believe that he will have to pay the money back since they said it was a raise. In non COVID times, doubling salary might raise a big red flag. Now, not as much.
|
>his boss said he was getting a raise from a pay of 17$ per hour. Did the boss say how much the raise would be before he got it? >After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. It sounds like your brother knows this to be a lie.
| 1 | 9,857 | 3.09375 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43akkb
|
h42tgtu
| 1,625,454,614 | 1,625,443,522 | 198 | 42 |
I would consult a lawyer. I have handled plenty of overpayment issues, but this seems like buyer remorse on the part of the employer. Do not sign anything without seeking legal advice. I would absolutely tell the employer that is what he(your brother is doing). I do not believe that he will have to pay the money back since they said it was a raise. In non COVID times, doubling salary might raise a big red flag. Now, not as much.
|
$17 to $33 is nearly double — are there positions that pay that much that he would have been promoted to?
| 1 | 11,092 | 4.714286 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43x9k9
|
h42vihe
| 1,625,471,970 | 1,625,444,757 | 129 | 64 |
I could maybe see if the AMOUNT was in dispute, but the idea his 'raise' for becoming more qualified was a pay increase from $17 to... $17 makes this seem like they don't value the employees they have OR the company is in dire financial straits to risk losing employees in what is currently a competitive environment.... He WAS told he was getting a raise, had a basis for expecting one and confirmed it was correct. It SEEMS like they want to disavow the idea a raise was EVER happening and act like it was a complete error, he should definitely get that raise acknowledged somehow. After that, he should probably start looking around for new employment and tell them to kick bricks...
|
>his boss said he was getting a raise from a pay of 17$ per hour. Did the boss say how much the raise would be before he got it? >After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. It sounds like your brother knows this to be a lie.
| 1 | 27,213 | 2.015625 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h43x9k9
|
h42tgtu
| 1,625,471,970 | 1,625,443,522 | 129 | 42 |
I could maybe see if the AMOUNT was in dispute, but the idea his 'raise' for becoming more qualified was a pay increase from $17 to... $17 makes this seem like they don't value the employees they have OR the company is in dire financial straits to risk losing employees in what is currently a competitive environment.... He WAS told he was getting a raise, had a basis for expecting one and confirmed it was correct. It SEEMS like they want to disavow the idea a raise was EVER happening and act like it was a complete error, he should definitely get that raise acknowledged somehow. After that, he should probably start looking around for new employment and tell them to kick bricks...
|
$17 to $33 is nearly double — are there positions that pay that much that he would have been promoted to?
| 1 | 28,448 | 3.071429 |
odvoyy
|
legaladvice_train
| 0.99 |
[CA] Employer said they were giving a raise, 9 paychecks later, they claim it was all overpayment and want all the money back Hello, my brother is recently in an awkward financial situation. He has been working at a company (in California) for over 5 years. Back in February of this year, his boss said he was getting a raise from a pay of 17$ per hour. His pay was bumped to 33$ per hour (since he had finished his 4-year degree during his time working there). After receiving his first paycheck after the raise, my brother confirmed with his boss that the amount was correct because it was such a substantial jump. His boss said yes the amount was correct (only a verbal confirmation, nothing written unfortunately). After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. His pay has been reduced back to 17$ without any raise. They are stating he now needs to pay back over 11,000$, and have sent him a form to sign to allow them to withhold pay from his check until the company recoups the total amount. He has used the money already to pay off debts, and he used the money under the assumption (and his boss's verbal statement) that his pay increase was because of the promised raise. I'm not quite sure of the legal process for these kinds of things, especially given that he was promised a raise, and the error in pay was for so long that nobody caught the error earlier. Any advice or insight in how to handle this would be greatly appreciated, thank you!
|
h42vihe
|
h42tgtu
| 1,625,444,757 | 1,625,443,522 | 64 | 42 |
>his boss said he was getting a raise from a pay of 17$ per hour. Did the boss say how much the raise would be before he got it? >After 9 paychecks (18 weeks of work), his boss and the human resources department are saying it was an oversight and my brother's pay was only to remain at 17$. It sounds like your brother knows this to be a lie.
|
$17 to $33 is nearly double — are there positions that pay that much that he would have been promoted to?
| 1 | 1,235 | 1.52381 |
foy6j3
|
legaladvice_train
| 0.84 |
A 17 year old girl is getting abused by her dad, and it’s only gotten worse over the years. The police and CPS are no help, the police actually made it worse. Is there anything we can do, from a legal standpoint, to help her and get her out? First off, I don’t even know if this is the correct subreddit you post this to. If not, please point me in the correct direction. Thanks!! I am 18, and a senior in high school. There is this girl who is 17, a junior in high school. I’ll be honest, I’m in love with that girl, and I am doing everything I can to help her. All we talk about getting married and traveling the world after she turns 18. With that being said, something unthinkable has happen and I don’t know what to do. Her dad is very abusive, hits her, chokes her, when she was little he locked her in a box for days or handcuffed her to the shower. It’s truly heartbreaking. As of recently(yesterday), he choked her and kicked her, so badly she found it hard to walk. I had to help her, so I picked her up and we went straight to the emergency room. I convinced her to go, because I thought they would help her. Well they did not... The police got called and they showed up, as we expected. I was on FaceTime most of the time so I heard the entire conversation. I was not allowed to go into the hospital(with everything going on with corona). The hospital was helpful to her, even had security with her until the police arrived, just in case her dad came. The police then came, the police called her a delinquent who ran away, put her in handcuffs, and gave her back to her dad... ran away they said. I’m sorry, but I don’t consider going to the doctor for help because your scared your dad is going to kill you “running away”. They said that while she was begging not to be sent back, crying, saying she was scared for her life and her dad was going to beat her if she went back. When she was crying and told the cop her father choked her, I even got a video, the cop said: “there’s a difference between choking out and throwing someone up against a wall for being disobedient”.... both of which is illegal and abuse in of itself, regardless of everything else. The cop then asked if she had anything on her phone(I.e. filming them) and took the phone. Little did they know I heard the entire exchange. Now she has contacted child protective services, and they are really no help at all. Now I called, while this was happening, trying to make a report, as I have heard the abuse her father has done. The police station said I would receive a call back from the cop dealing with this, a call I never received from the cop. However, she informed me that the cop told her that they have my name now and will be investigating me... now I am beyond worried. If they wouldn’t even help her out of an abusive household, can they pin anything illegal on me? So now she is back in an abusive home, can’t text me as the police took her phone(she can ft me from her laptop), and I know right now as of writing this she is getting hurt. She FaceTimed me, and hung up quick when her dad was coming. She would always call me back, so now I know he’s beating her again, exactly what she said was going to happen. Any advice on what we should both do would be greatly appreciated. Should we get a lawyer or something? Also is there also any way to request the police officers body camera, as I believe that is public record, and this is beyond unbelievable. Thank you all very much! Location: California
|
flhweps
|
fli43he
| 1,585,170,751 | 1,585,174,933 | 14 | 15 |
You can call CPS and make a report.
|
You may be able to get help from the National Domestic Violence Hotline.
| 0 | 4,182 | 1.071429 |
b0iris
|
legaladvice_train
| 0.74 |
I went to the hospital for alcohol intoxication from a party and my mom found out because a nurse disclosed the medical information to her. Isn't this a breach of HIPAA confidentiality? College is UCSB, CA. Mind you I am not an alcoholic.
|
eiewx0a
|
eiex6rv
| 1,552,459,014 | 1,552,459,408 | 25 | 58 |
How old are you?
|
If the nurse reasonably believed that she was involved in your care (such as her being listed as an emergency contact), it wasn't a HIPAA breach. How did the nurse come to speak with your mom?
| 0 | 394 | 2.32 |
upm8vr
|
legaladvice_train
| 0.72 |
I'm about to get married and I don't think I'll get a prenup. I'm wondering if my inheritance will be protected from my husband (when the time comes, sadly, that someone in my family passes) I KNOW that I have to keep my inheritance in a separate bank account. Fine. I have that. But. My soon-to-be-husband and I share a joint bank account now. We plan to deposit a certain amount each into monthly. Say, $2k a month. I dont work so I pull my contributions to our joint account from my PERSONAL bank account...which will someday include my inheritance. Could those funds be contested? To sum it up: I will be pulling my inheritance money from my personal bank account and occassionally depositing sums from it into our joint bank account pool. Could that be a problem down the line? Many many many thanks for any advice and knowledge that you all can share with me on this! This stuff is so tough!
|
i8lw3a4
|
i8lllxa
| 1,652,555,070 | 1,652,550,281 | 39 | 8 |
Your inheritance is yours, full stop. If you're going into a marriage worrying about how to protect funds from your husband, well ... a pre-nup might save attorneys' fees down the line.
|
State?
| 1 | 4,789 | 4.875 |
aoy0c2
|
legaladvice_train
| 0.85 |
[NJ] My parents filed a civil case on my behalf when I was a minor and agreed to a settlement (personal injury) that has never been paid. The individual who owes the settlement is now foreclosing on a home and I've received a summons. I wanted no part of this as a kid and I don't want any part of it now, but... I got a call from a law firm asking if I was the person from this personal injury lawsuit from the 90s. I said that I was but that I didn't want any part of this. They said that they had to serve me and assured me that I wasn't the debtor. I was out of state when they tried to serve me, so they mailed me some documents. It's a summons that lists me, along with this individual and some other people and companies that he owes money to, as defendants. The mortgage company or bank is the plaintiff. It doesn't really explain my part. It explains that the plaintiff has filed a lawsuit against me and that if the complaint is in foreclosure, I have to answer it and pay associated filing fees. Answer it with what? What will happen if I don't answer it?
|
eg4esta
|
eg4ek2x
| 1,549,756,386 | 1,549,756,192 | 18 | 3 |
Can you give a more detailed description of the document? Not names and parties, of course, but some language from the document? It sounds like the debtor is in bankruptcy proceedings, and you are being notified because you are a creditor. It is possible that the debtor has filed an adversary proceeding (a lawsuit within a lawsuit) against you, stating that their debt to you should be discharged like the rest of the debt. You should have an attorney take a look at it. If there is a substantial amount of money at stake, it can't hurt.
|
Does it say bankruptcy court on it? It's possible there is going to be money left after the house is foreclosed on and sold, and you may be entitled to some of it because of the judgment.
| 1 | 194 | 6 |
aoy0c2
|
legaladvice_train
| 0.85 |
[NJ] My parents filed a civil case on my behalf when I was a minor and agreed to a settlement (personal injury) that has never been paid. The individual who owes the settlement is now foreclosing on a home and I've received a summons. I wanted no part of this as a kid and I don't want any part of it now, but... I got a call from a law firm asking if I was the person from this personal injury lawsuit from the 90s. I said that I was but that I didn't want any part of this. They said that they had to serve me and assured me that I wasn't the debtor. I was out of state when they tried to serve me, so they mailed me some documents. It's a summons that lists me, along with this individual and some other people and companies that he owes money to, as defendants. The mortgage company or bank is the plaintiff. It doesn't really explain my part. It explains that the plaintiff has filed a lawsuit against me and that if the complaint is in foreclosure, I have to answer it and pay associated filing fees. Answer it with what? What will happen if I don't answer it?
|
eg54x32
|
eg4ek2x
| 1,549,780,928 | 1,549,756,192 | 4 | 3 |
Generally speaking, in a foreclosure suit, the plaintiff must join everyone who has any financial interest in the property, including any judgment creditors. You were likely named as a defendant in this suit because you are a judgment creditor of the property owner, and it's possible you have a lien on the property as a result of your judgment. You should consult an attorney. If you have a judgment lien, and the property is sold in foreclosure, there is a possibility you could recover some of the proceeds of the foreclosure sale to satisfy your judgment. (It depends on whether the proceeds of the sale exceed the amount due to all creditors with a lien on the property, and what priority you have over other eligible creditors.) It's also likely that you will lose your judgment lien on any liens on the property if you do not participate in this lawsuit. I'm not sure how much is at stake, but it would be worthwhile to speak with an attorney, in any event, to see whether it is worth getting involved.
|
Does it say bankruptcy court on it? It's possible there is going to be money left after the house is foreclosed on and sold, and you may be entitled to some of it because of the judgment.
| 1 | 24,736 | 1.333333 |
6lxr2d
|
legaladvice_train
| 0.96 |
[Florida] My brother was killed by a drunk driver. The culprit has finally been arrested. Is there an effect to me attending the trial? Title says most of it. A few months ago, my brother was riding his bicycle in the bicycle lane and was killed by a drunk driver. It took a few months, but they finally arrested and charged the guy with a host of crimes. My brother has very little family outside of me, his younger sister- He was mentally disabled and I took care of him financially and we were very close. I work full-time and it is important to me that my brother receives justice. Does me being present in the court room throughout the trial have any sort of effect on the trial? I will likely attend the sentencing, but I was wondering if I should talk to my boss about needing time off for the trial. I wasn't sure if it would have any effect to show that my brother had a loving family who cares very, very much about the outcome of the proceedings. I know nothing about this process. Thank you. edit; Im guess I'm just worried that if nobody from his family shows up, the judge or jury (will there even be a jury? im just so lost) will think nobody cared about my brother and go easy on the guy who killed him. It sounds stupid saying it out loud, but I wanted to ask anyways....
|
djxtwg6
|
djy26mp
| 1,499,499,611 | 1,499,521,473 | 3 | 8 |
Has the DA told you there will be a trial? THe vast majority of these cases settle (plea), and it can take way, way longer than a few months. Don't get worked up about something that is not statistically very likely. If the DA needs you, they will let you know.
|
First off, my sympathies on your loss. Less on the legal side and more on the personal side, you have suffered a horrible loss. Will attending the trial help you find peace with your brother's death? For some people it will, and for others it adds too much pain. The defence will try to portray your brother's death as his own fault, and seek to mitigate the culpability of the drunk driver. Is this something you are prepared to sit through? Again, only you can answer this, and it should be a deeply personal decision and the answer does not at all reflect on your feelings for your brother.
| 0 | 21,862 | 2.666667 |
ihsmf0
|
legaladvice_train
| 0.91 |
Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP. Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. I had no idea they were doing this, and I forced them to take it down as soon as I found out. While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
|
g326pm1
|
g32hxh7
| 1,598,559,399 | 1,598,564,752 | 2 | 43 |
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> http://imgur.com/a/myIAb
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*I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.*
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**It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.**
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Author: /u/highlandgarden
Title: **Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP.**
Original Post:
> > Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. > > I had no idea they were doing this, and I forced them to take it down as soon as I found out. > > While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. > > I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. > > There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. > > The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. > > My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. > > I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
---
LocationBot 4.99981272348126739 177/591rds | Report Issues | >!QVp1bDJhZ1VtWQ!< | >!0NXetVGZgMDP!<
|
The rules of this varies heavily by location (yours, though practically also the other party, especially if they are in a different country). Only about half the states make it is illegal to use your likeness for commercial purposes( without permission. Did you sign anything with them while you were dating them? If so, its possible you granted them permission without intending to. In any case, if they are ignoring your demands, the next step would be to contact a lawyer. This is generally known as the Right of Publicity and you should be able to find a lawyer by searching for that, otherwise it may be either under privacy or employment law. It should be fairly cheap to get a consultation with a lawyer to identify if your case has any legal baring, and, if you do, send a formal cease and desist letter. If they ignore that, you would need to talk with the lawyer about filing a lawsuit. \* Commercial purposes here refers to as advertisement or stating/implying you endorse a product and differs to private usage in art.
| 0 | 5,353 | 21.5 |
ihsmf0
|
legaladvice_train
| 0.91 |
Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP. Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. I had no idea they were doing this, and I forced them to take it down as soon as I found out. While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
|
g326pm1
|
g32j3v1
| 1,598,559,399 | 1,598,565,319 | 2 | 16 |
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Author: /u/highlandgarden
Title: **Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP.**
Original Post:
> > Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. > > I had no idea they were doing this, and I forced them to take it down as soon as I found out. > > While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. > > I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. > > There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. > > The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. > > My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. > > I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
---
LocationBot 4.99981272348126739 177/591rds | Report Issues | >!QVp1bDJhZ1VtWQ!< | >!0NXetVGZgMDP!<
|
What state? You own the copyright on the videos you created unless you have a contract with them where they paid you to create them as "work for hire". If there was no contract and you did not transfer them or license them, use Facebook's DMCA process to have them removed. The voice recordings: If the person you were with made those recordings, then that could be an illegal wiretap, but ONLY if you are in a "two party/all party consent" state, if you are in a "one party consent" state, those recordings are legal. If you made the voice recordings, and they were stolen, follow the DMCA route. If they raided your phone to steal them, this could also be a violation of federal law: CFAA. This would be a call to the police. If you are saying you followed Facebook's DMCA process and they are not responding, send Facebook a certified letter, return receipt requested, with the DMCA information (like a ticket number) and the steps you took to try to get them to respond, and send it to Facebook's HQ c/o General Counsel. If Facebook does not take action on DMCA requests, they can be held liable for the copyright infringement. Anything beyond this will require a lawyer. Look for a "Intellectual Property Attorney". Depending, again, on the state they might be able to get a restraining order.
| 0 | 5,920 | 8 |
ihsmf0
|
legaladvice_train
| 0.91 |
Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP. Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. I had no idea they were doing this, and I forced them to take it down as soon as I found out. While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
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g33btfe
|
g326pm1
| 1,598,580,672 | 1,598,559,399 | 11 | 2 |
First, contact Facebook. They may be willing to take this down, regardless of any laws. If they aren't, then it will depend on whether your state allows a person's likeness to be used for commercial purposes without consent. There may also be a copyright issue if you took the pictures, or a wiretap issue if it was a private phone call. This is complicated and you will need to see a lawyer.
|
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Author: /u/highlandgarden
Title: **Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP.**
Original Post:
> > Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. > > I had no idea they were doing this, and I forced them to take it down as soon as I found out. > > While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. > > I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. > > There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. > > The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. > > My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. > > I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
---
LocationBot 4.99981272348126739 177/591rds | Report Issues | >!QVp1bDJhZ1VtWQ!< | >!0NXetVGZgMDP!<
| 1 | 21,273 | 5.5 |
ihsmf0
|
legaladvice_train
| 0.91 |
Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP. Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. I had no idea they were doing this, and I forced them to take it down as soon as I found out. While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
|
g33gmg3
|
g326pm1
| 1,598,583,391 | 1,598,559,399 | 5 | 2 |
Hey, it's not exactly law, but Facebook themselves provide certain protections against this type of thing, regardless or whether it's legal where you are. If the people making the ads are ignoring you, reaching out to Facebook's ad service may be able to help. It's possible that the account running the ads could be punished for this.
|
---
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Author: /u/highlandgarden
Title: **Pick up artists are illegally using me in their marketing content, and are ignoring my requests to stop ASAP.**
Original Post:
> > Hey everybody, I’m really at a loose end here. In the past, I dated somebody who (unbeknownst to me) recorded my text messages and personal voice notes, and sold them in an online course. > > I had no idea they were doing this, and I forced them to take it down as soon as I found out. > > While we were dating, I created some videos for the company but after I found out they were illegally using my private moments in their course, I asked them to take down all photos, videos, voice notes, anything related to me in their marketing. > > I checked on the Facebook Ads manager (this publicly allows you to view any ads that any company is running) , and not only are they IGNORING my request to take down these videos…they are uploading MORE with my name and face in them. These videos and texts in the ads claim that we are engaged (we are not) and I feel violated knowing that I am being used in this way. > > There is absolutely no contract or agreement whatsoever that gives them permission to do this. Not only is this unethical, it is illegal but I don’t know how to fix this. > > The fact that he used my private moments to sell in the course has massively fucked with my head. Even getting my private voice memos and texts removed from the course was difficult, when it absolutely should not have been. > > My face is uncensored on their website as well, which I had absolutely no idea about until a few days ago. > > I feel like I don’t have control in my life anymore if he’s able to continue doing this to me. Is there anything I can do to get these ads down? Can anybody help me?
---
LocationBot 4.99981272348126739 177/591rds | Report Issues | >!QVp1bDJhZ1VtWQ!< | >!0NXetVGZgMDP!<
| 1 | 23,992 | 2.5 |
34qzk1
|
legaladvice_train
| 0.97 |
[NY] Friend dropped his car in my garage, that was used in hit-and-run case. Now he isn't picking up my phone calls. What should I do? My friend came to home yesterday and asked me to keep his car in my garage for a couple of weeks as he has bought a new car and has no place to put old one. ( He lives in a small apartment which provides only 1 car parking space. ) I believed his story and allowed him to keep it in my garage as I own a large home. Today, I read a news on TV about a hit-and-run case in my city. The car involved was the same car my friend bought here and is in my garage right at this moment. I tried to call him 100s of times, but his phone is turned off. I even went to his place, but it was locked. I think he went underground. What should I do with this car now? I am worrying that If I call police, they ll think that it was me who drove recklessly and caused hit-and run and seriously injured 2 persons. Any advice?
|
cqx91i7
|
cqx81ku
| 1,430,686,370 | 1,430,684,516 | 134 | 62 |
You now have reason to know there was a crime committed with a car that is stored on your property. I would think you could be held with obstruction/ accomplice unless you report. I would call your lawyer and have him present when notifying the police..
|
> I am worrying that If I call police, they ll think that it was me who drove recklessly and caused hit-and run and seriously injured 2 persons. If it's not your car, it's not terribly likely for that to happen. It's possible, of course. Also possible is that they find that you're storing the car in your garage, and you're charged with a crime because of that.
| 1 | 1,854 | 2.16129 |
34qzk1
|
legaladvice_train
| 0.97 |
[NY] Friend dropped his car in my garage, that was used in hit-and-run case. Now he isn't picking up my phone calls. What should I do? My friend came to home yesterday and asked me to keep his car in my garage for a couple of weeks as he has bought a new car and has no place to put old one. ( He lives in a small apartment which provides only 1 car parking space. ) I believed his story and allowed him to keep it in my garage as I own a large home. Today, I read a news on TV about a hit-and-run case in my city. The car involved was the same car my friend bought here and is in my garage right at this moment. I tried to call him 100s of times, but his phone is turned off. I even went to his place, but it was locked. I think he went underground. What should I do with this car now? I am worrying that If I call police, they ll think that it was me who drove recklessly and caused hit-and run and seriously injured 2 persons. Any advice?
|
cqxfwdz
|
cqxfib9
| 1,430,699,201 | 1,430,698,554 | 21 | 8 |
Call a lawyer, don't touch car.
|
Most likely you will call, they will arrive, you tell them what happened, they will write it down, ask you to sign it. You will then be forced to testify against your friend when it goes to court. He is no longer your friend. I would call a lawyer before calling the cops though, as anything and everything you say will be used against you. If you even so much as mention it was fishy they will spin it to make it seem like you knew but 'felt guilty' after seeing it on the news, etc. CALL A LAWYER!
| 1 | 647 | 2.625 |
b9g9bf
|
legaladvice_train
| 0.98 |
[MA] neighbor is accusing me of HIPAA violation, about to get fired over it Some background: I went to an HOA meeting last week and since I’ve recently moved, I hadn’t gotten to meet all the people in the neighborhood. I met one lady who asked what I did for work and she made a funny face saying that she visited the doctor I work for. Conversation moved on, whatever. From here on out I’ll refer to her as crazy lady or CL. This week I get a call from someone else in the neighborhood asking why I told everyone about CL’s medical info. Apparently CL had gone around telling people that I accessed her medical records to tell people why she was visiting the doctor (???). I flat out denied doing this and tried calling her to ask why she was doing this. I didn’t even remember her name after the HOA meeting and I would never look up someone’s records just to see them. Yesterday is the only day out of the week that I don’t work. I got a call around noon from my boss, the doctor himself, requesting me to come in to speak to him. I went in and basically he said he received calls from CL saying I accessed her records, etc, and told people about her patient notes and labs. I told him I never did any of this and that if it were possible, he should run an audit to see if her records had been accessed by me. He didn’t fire me but I feel like I’m about to lose my job and get a fine or have my practice get fined for no fucking reason. I literally did not do anything and someone is trying to ruin my career.
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ek4lv2k
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ek4x4d2
| 1,554,409,396 | 1,554,417,527 | 67 | 395 |
You need to leverage your relationship with the doctor and fully explain the situation to him. Hopefully you guys have built up some mutual trust for each other.
|
Massachusetts recognizes slander per se for statements "prejudicing the plaintiff’s business or profession" see Ravnikar v Bogojavlensky. I would get thee to an attorney ASAP so he can force your employer to preserve any records that might be available to prove your innocence of her allegation. That way, you have them if your employer decides to just cut the drama by getting rid of you. And then, even if you don't get fired, sue her.
| 0 | 8,131 | 5.895522 |
t771wp
|
legaladvice_train
| 0.96 |
California - my landlord burst into my room and put his hands on my throat. During the fight I hurt my foot pretty bad The police came and took statements. I agreed to go to a motel for the night to cool things down. I may not be able to work as my foot keeps feeling worse as the hours pass. What are the steps I could take, if any?
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hzftusd
|
hzfu1cw
| 1,646,477,676 | 1,646,477,820 | 230 | 1,202 |
So it just started there? There's no previous context? I feel like there's some previous context.
|
First step is to go to the doctor. Are the police doing anything? Was your landlord arrested?
| 0 | 144 | 5.226087 |
t771wp
|
legaladvice_train
| 0.96 |
California - my landlord burst into my room and put his hands on my throat. During the fight I hurt my foot pretty bad The police came and took statements. I agreed to go to a motel for the night to cool things down. I may not be able to work as my foot keeps feeling worse as the hours pass. What are the steps I could take, if any?
|
hzftusd
|
hzg3e2y
| 1,646,477,676 | 1,646,484,864 | 230 | 318 |
So it just started there? There's no previous context? I feel like there's some previous context.
|
1) go to the doctors to record any injuries 2) file police report for assault 3) sue for injuries I'm not a lawyer but get the hell out of there if you can, and make sure that this guy never does this to people renting again
| 0 | 7,188 | 1.382609 |
x1xqjx
|
legaladvice_train
| 0.88 |
[CA] Landlord tells us we cannot use room to sleep in and uses a ton of water during drought. We have a room attached to our house. It is kind of like a pool house but it is connected to the main house in the sense that it shares two walls. The room has two large windows, a large closet, cabinetry, carpet, a desk, etc. It is slightly larger than any other bedroom in the house.The room has a small filter for our pool in one of the corners. When we were touring the property, the owner said it would make for a good place to hangout. We wanted to make it a guest room, so we placed a bed in the room. Our landlord noticed and told us that we are not allowed to have guests in the room because there may be harmful gases and chemicals in the room. There is nothing in the lease restricting the use of the room or anything similar. Do we have to follow his wishes on this issue? As for how he found out about the bed in the room, him and his wife come over three times per week for up to 2 hours at a time to water the plants and do yard work. He just walks around the house and peers into various rooms or sits in a very central area on the patio. They also, in my opinion, use far too much water on the plants. It seems they are oblivious to the terrible drought southern California is currently facing. We pay for the water. Our lease says that the owner is responsible for watering the plants. We asked him if we could water them ourselves but he says he doesn't trust us. Does this give them the privilege to use a ton of water and come to our house multiple times per week?
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imh00eq
|
imgxdts
| 1,661,912,706 | 1,661,911,489 | 147 | 52 |
The easiest way to know whether or not you can use this 'pool house' as a bedroom (versus a sunroom, or something similar) is to see whether or not it is set up for HVAC. If you don't see any vents for heating, it is not up to code for use as a sleeping area. (The pool filter is another clue, of course.) Another thing to consider is that if the property did not count that room as a bedroom in the initial listing, that was probably a hint as to its intended usage. You have contracted away the right to do your own watering, so on that front you don't have a lot of options to prevent the visits (a landlord is broadly allowed to inspect or maintain the *exterior* of the property). While you can't exactly bar random glances through your windows while they water the plants, what you *can* do is make it unappealing for them to do so by (for example) closing the windows and blinds when they are on the premises. If after doing that you see them still trying to inspect your rooms, watch you, or loiter on the patio, you will have to have a conversation with them about boundaries. They should get in, do the job, and get out. Please be aware, though, that there are two legal outcomes of such a conversation. They can stop. Or, they don't -- and you offer to break your lease without penalty due to a breach of quiet enjoyment (which is the legal remedy). Implying the second outcome may get them to respect the first one, but you will have to see.
|
Not a lawyer, but there are probably local or state building codes for bedrooms in rentals and it's very likely that the pool filter is against code for a bedroom in rental property. And quite frankly, this sort of equipment shouldn't be in a living space... outside, a pump house, even a garage, but not inside livable space.
| 1 | 1,217 | 2.826923 |
91yu3u
|
legaladvice_train
| 0.81 |
Landlord let a person move into my friends room before his lease was over (July 31st) without his permission Location: Charleston, SC Long story short. My friends lease was through Aug 1- July 31st. He hasn’t been living in the house since May, but still pays rent as he just needed it during college. He went to the house today in order to pick up a few things(a vacuum and comforter). He went to type the code in the entry, but it was changed, so he continues to call the landlord asking for the passcode. The landlord refuses to let him into the house and he states my friend has already moved his stuff out of the house and if he wanted to go into the Blake he would have to wait until the landlord was in the residence(it’s complicated landlord is also roommate). Fast forward after no progress is made on the phone, he manages to get in because the landlord changed the passcode to an old one luckily. Once he gets in he finds his vacuum and comforter are missing and his room is filled with another persons things as if they are living there.
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e3211j1
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e328uql
| 1,532,587,999 | 1,532,603,145 | 3 | 16 |
When did that new person officially move in?
|
He should ask the new roommate when they moved in. Then send a demand letter to the landlord asking for the rent paid to him while the new roommate was living there, his full security deposit, and the value of his comforter and vacuum.
| 0 | 15,146 | 5.333333 |
rc0ium
|
legaladvice_train
| 0.93 |
[CA] Ex-girlfriend is refusing to pay bills, attempting to kick me out of my own home, and telling mutual friends I abused her (I did not). Do I need a lawyer, or are there other options? This is in Los Angeles. My ex girlfriend broke up with me about a month ago. Hurts but okay. When she broke up with me, she clearly stated that she was going to be moving out. I subsequently contacted the landlord to say that I wanted to stay in the house (both our names are on the lease). We emailed a few times and I clearly stated my intention to stay, which was not met with any rebuttal. A few days ago, she emailed me and demanded that I move out on February 1. Obviously that’s not going to happen. We also had a joint credit card together. I’m keeping the card but she is no longer an authorized user. The last statement was for mutual expenses that occurred before we broke up. $878 was the expense to each of us. There are bills and other expenses for the pre-break up period that amount to about $550. She is refusing to pay them and texted me she won’t send any money to me. She even asked for every single credit card statement (all 18 of them), found no evidence that I was cooking the books or something, and still refuses to pay. It has also come to light that she has been telling Mutual friends that I abused her. This is an absolutely false allegation, as any one with any familiarity with our relationship would attest to it being happy and supportive. It simply is a lie. Even those friends whom she told turned around and told me immediately what was going on and said they knew she was not being truthful. This wouldn’t be important if not for the fact that her communication has become increasingly unhinged, and I fear that she may try to have me arrested to get some material reason to evict me and not pay her expenses. She is currently out of state for work and returns in ten days - back to our home. I am trying to move on with my life but do not want to be on the hook for thousands of her expenses, be in potential legal jeopardy over a false allegation, or face the possibility of being evicted. I know I can’t file a request for a TRO. I have made some calls to local law offices but I have no idea what my possible avenues of legal defense are. What is the best way to protect myself?
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hnsu2yo
|
hnsgjow
| 1,639,015,957 | 1,639,009,929 | 10 | 5 |
Give notice and move out of the apartment. If you continue to live there with such animosity, the chances rise that she calls the police and says you hit her. Now you're in jail, fired and spending $10K to defend bogus charges. You might be in the right, but she's a ticking time bomb so you should run and cut your losses
|
If you are the main account holder on the credit and she's an authorized user, she is NOT liable for the charges. You'll have to go through small claims and sue her if she doesn't pay according to your agreement. As the main account holder, YOU are liable for any and all charges made by you or an authorized user.
| 1 | 6,028 | 2 |
rc0ium
|
legaladvice_train
| 0.93 |
[CA] Ex-girlfriend is refusing to pay bills, attempting to kick me out of my own home, and telling mutual friends I abused her (I did not). Do I need a lawyer, or are there other options? This is in Los Angeles. My ex girlfriend broke up with me about a month ago. Hurts but okay. When she broke up with me, she clearly stated that she was going to be moving out. I subsequently contacted the landlord to say that I wanted to stay in the house (both our names are on the lease). We emailed a few times and I clearly stated my intention to stay, which was not met with any rebuttal. A few days ago, she emailed me and demanded that I move out on February 1. Obviously that’s not going to happen. We also had a joint credit card together. I’m keeping the card but she is no longer an authorized user. The last statement was for mutual expenses that occurred before we broke up. $878 was the expense to each of us. There are bills and other expenses for the pre-break up period that amount to about $550. She is refusing to pay them and texted me she won’t send any money to me. She even asked for every single credit card statement (all 18 of them), found no evidence that I was cooking the books or something, and still refuses to pay. It has also come to light that she has been telling Mutual friends that I abused her. This is an absolutely false allegation, as any one with any familiarity with our relationship would attest to it being happy and supportive. It simply is a lie. Even those friends whom she told turned around and told me immediately what was going on and said they knew she was not being truthful. This wouldn’t be important if not for the fact that her communication has become increasingly unhinged, and I fear that she may try to have me arrested to get some material reason to evict me and not pay her expenses. She is currently out of state for work and returns in ten days - back to our home. I am trying to move on with my life but do not want to be on the hook for thousands of her expenses, be in potential legal jeopardy over a false allegation, or face the possibility of being evicted. I know I can’t file a request for a TRO. I have made some calls to local law offices but I have no idea what my possible avenues of legal defense are. What is the best way to protect myself?
|
hnsu2yo
|
hnsrev6
| 1,639,015,957 | 1,639,014,780 | 10 | 4 |
Give notice and move out of the apartment. If you continue to live there with such animosity, the chances rise that she calls the police and says you hit her. Now you're in jail, fired and spending $10K to defend bogus charges. You might be in the right, but she's a ticking time bomb so you should run and cut your losses
|
1. Cancel the credit card. 2. If you are both on the lease, you both are entitled to live in the house, but she has to pay her share. If she doesn’t, take her to small claims court.3. When does the lease expire? Ultimately, when the lease expires it would be best for you to find other accommodations.4. Do not charge the locks. It will be construed as an illegal eviction. If she does this to you, get a lawyer and take her to court for damages. 5. Notify the landlord about your situation. Ask him for advice and if he has any flexibility on the lease.6. The correct legal concept for badmouthing you is slander. To prevail in a slander case you need to show that she’s harmed you in some way . Hurting your feelings won’t suffice. And since your friends don’t believe her anyway her actions fall under First Amendment protections. Don’t waste your time on this.7. Take her to small claims court for the expenses she owes but refuses to pay.8. To have you arrested, she would need to swear out a warrant at the police precinct and provide credible hard proof. The charge would be assault. The police won’t pursue this unless she has physical evidence. Filing a false claim would put her in dire legal jeopardy. 9. Only the landlord can evict you. He won’t unless he has evidence of property damage or non payment. Tenant evictions are a real hassle for landlords especially in places like LA which has very strong tenant protections.10. Document everything that happens .11. Take photos or videos of the house to document its current condition. 12. Do not audiotape her. California requires both parties to consent to audio recordings. Violations are treated harshly. Good luck.
| 1 | 1,177 | 2.5 |
5b0848
|
legaladvice_train
| 0.98 |
I honked my horn at a red light to alert a pedestrian in a crosswalk about oncoming traffic. The car in front of me thought I honked at them and drove into the car in front of them. Now wants to sue me or file a claim with my insurance. Do I have anything to worry about? Tennessee. I'm trying to figure out if I have some fault in this situation and need to worry about an insurance claim/being sued. I was driving in town today, and I stopped at a red light, 3-4 cars from the front. I was stopped directly behind a crosswalk (not a crosswalk at an intersection, and it does not have the cross/no cross light). While I was waiting, a woman pushing a stroller came from my right and started into the crosswalk in front of my car. I noticed she wasn't paying attention to the traffic in the other lane traveling opposite of me (like if I was facing north, the other traffic is going south) and I saw a large pickup truck coming really quickly in the S bound lane. She was going to walk straight into the road into the path of the truck because she wasn't paying attention or trying to check that side of the road, so I honked my horn quickly to get her attention while I was rolling my window down to try to tell her to stop. When I honked my horn, the woman in the car in front of me suddenly hit her gas and slammed into the back of the car in front of her. I guess she wasn't paying attention to the light or the road and thought I was honking at her, so she just took off without looking up. I pulled over to a parking spot on the street because I felt like I was involved at this point. The woman with the stroller also stayed behind because she saw it happen, and she wanted to thank me because she realized what would've happened if she'd walked into the road. The police came and took a report from all of us, they checked my license and got my information/insurance. They wrote a ticket to the woman in the car in front of me (I don't know the exact charge/statute) and told me they'd be in contact with me if needed but that there's basically no reason they'd need to get ahold of me again. Told me I was free to go if I wanted. After the police left, I got in my car and the woman in the car in front of me basically ran up to my driver window and started demanding that I also give *her* a copy of my license and insurance. I told her that I was definitely not doing that, to step away from my car, and I was leaving. She started to scream about suing me, so I rolled my window up and backed out around her and left. I'm really not too worried about being sued because I'm pretty confident that when I show up and give my side, it's going to end in my favor. Am I wrong about that? I know about needing to show up if she does sue me. Mostly, is there any way that she can get my insurance/license information from the police report and try to start a claim with my car insurance? If she does this, does it sound like I have any liability here? If I don't, can my insurance costs still go up just because she files a bogus report? And did I handle this situation correctly? Any information/advice is greatly appreciated. Thanks all.
|
d9l0aah
|
d9l1u8v
| 1,478,229,554 | 1,478,231,892 | 6 | 20 |
Totally her fault, don't worry.
|
I wonder if she got a texting while driving ticket. I'd be willing to bet that's why she both wasn't aware of the light and just hit the gas when honked at...
| 0 | 2,338 | 3.333333 |
5b0848
|
legaladvice_train
| 0.98 |
I honked my horn at a red light to alert a pedestrian in a crosswalk about oncoming traffic. The car in front of me thought I honked at them and drove into the car in front of them. Now wants to sue me or file a claim with my insurance. Do I have anything to worry about? Tennessee. I'm trying to figure out if I have some fault in this situation and need to worry about an insurance claim/being sued. I was driving in town today, and I stopped at a red light, 3-4 cars from the front. I was stopped directly behind a crosswalk (not a crosswalk at an intersection, and it does not have the cross/no cross light). While I was waiting, a woman pushing a stroller came from my right and started into the crosswalk in front of my car. I noticed she wasn't paying attention to the traffic in the other lane traveling opposite of me (like if I was facing north, the other traffic is going south) and I saw a large pickup truck coming really quickly in the S bound lane. She was going to walk straight into the road into the path of the truck because she wasn't paying attention or trying to check that side of the road, so I honked my horn quickly to get her attention while I was rolling my window down to try to tell her to stop. When I honked my horn, the woman in the car in front of me suddenly hit her gas and slammed into the back of the car in front of her. I guess she wasn't paying attention to the light or the road and thought I was honking at her, so she just took off without looking up. I pulled over to a parking spot on the street because I felt like I was involved at this point. The woman with the stroller also stayed behind because she saw it happen, and she wanted to thank me because she realized what would've happened if she'd walked into the road. The police came and took a report from all of us, they checked my license and got my information/insurance. They wrote a ticket to the woman in the car in front of me (I don't know the exact charge/statute) and told me they'd be in contact with me if needed but that there's basically no reason they'd need to get ahold of me again. Told me I was free to go if I wanted. After the police left, I got in my car and the woman in the car in front of me basically ran up to my driver window and started demanding that I also give *her* a copy of my license and insurance. I told her that I was definitely not doing that, to step away from my car, and I was leaving. She started to scream about suing me, so I rolled my window up and backed out around her and left. I'm really not too worried about being sued because I'm pretty confident that when I show up and give my side, it's going to end in my favor. Am I wrong about that? I know about needing to show up if she does sue me. Mostly, is there any way that she can get my insurance/license information from the police report and try to start a claim with my car insurance? If she does this, does it sound like I have any liability here? If I don't, can my insurance costs still go up just because she files a bogus report? And did I handle this situation correctly? Any information/advice is greatly appreciated. Thanks all.
|
d9lc2m4
|
d9l9kdr
| 1,478,259,180 | 1,478,251,467 | 16 | 13 |
Her inability to pay attention to traffic lights has nothing to do with how you correctly used your horn. Well done to you. She might try and if your insurance gets in touch with you about it I'd explain your side of the story and tell them there was a police report filed for them to refer to.
|
In the unlikely event you get sued, the judge will no doubt be absolutely fascinated by the novel theory of "im dumb and thus you should pay me cash monies". You're all good.
| 1 | 7,713 | 1.230769 |
5b0848
|
legaladvice_train
| 0.98 |
I honked my horn at a red light to alert a pedestrian in a crosswalk about oncoming traffic. The car in front of me thought I honked at them and drove into the car in front of them. Now wants to sue me or file a claim with my insurance. Do I have anything to worry about? Tennessee. I'm trying to figure out if I have some fault in this situation and need to worry about an insurance claim/being sued. I was driving in town today, and I stopped at a red light, 3-4 cars from the front. I was stopped directly behind a crosswalk (not a crosswalk at an intersection, and it does not have the cross/no cross light). While I was waiting, a woman pushing a stroller came from my right and started into the crosswalk in front of my car. I noticed she wasn't paying attention to the traffic in the other lane traveling opposite of me (like if I was facing north, the other traffic is going south) and I saw a large pickup truck coming really quickly in the S bound lane. She was going to walk straight into the road into the path of the truck because she wasn't paying attention or trying to check that side of the road, so I honked my horn quickly to get her attention while I was rolling my window down to try to tell her to stop. When I honked my horn, the woman in the car in front of me suddenly hit her gas and slammed into the back of the car in front of her. I guess she wasn't paying attention to the light or the road and thought I was honking at her, so she just took off without looking up. I pulled over to a parking spot on the street because I felt like I was involved at this point. The woman with the stroller also stayed behind because she saw it happen, and she wanted to thank me because she realized what would've happened if she'd walked into the road. The police came and took a report from all of us, they checked my license and got my information/insurance. They wrote a ticket to the woman in the car in front of me (I don't know the exact charge/statute) and told me they'd be in contact with me if needed but that there's basically no reason they'd need to get ahold of me again. Told me I was free to go if I wanted. After the police left, I got in my car and the woman in the car in front of me basically ran up to my driver window and started demanding that I also give *her* a copy of my license and insurance. I told her that I was definitely not doing that, to step away from my car, and I was leaving. She started to scream about suing me, so I rolled my window up and backed out around her and left. I'm really not too worried about being sued because I'm pretty confident that when I show up and give my side, it's going to end in my favor. Am I wrong about that? I know about needing to show up if she does sue me. Mostly, is there any way that she can get my insurance/license information from the police report and try to start a claim with my car insurance? If she does this, does it sound like I have any liability here? If I don't, can my insurance costs still go up just because she files a bogus report? And did I handle this situation correctly? Any information/advice is greatly appreciated. Thanks all.
|
d9lc2m4
|
d9l0aah
| 1,478,259,180 | 1,478,229,554 | 16 | 6 |
Her inability to pay attention to traffic lights has nothing to do with how you correctly used your horn. Well done to you. She might try and if your insurance gets in touch with you about it I'd explain your side of the story and tell them there was a police report filed for them to refer to.
|
Totally her fault, don't worry.
| 1 | 29,626 | 2.666667 |
5b0848
|
legaladvice_train
| 0.98 |
I honked my horn at a red light to alert a pedestrian in a crosswalk about oncoming traffic. The car in front of me thought I honked at them and drove into the car in front of them. Now wants to sue me or file a claim with my insurance. Do I have anything to worry about? Tennessee. I'm trying to figure out if I have some fault in this situation and need to worry about an insurance claim/being sued. I was driving in town today, and I stopped at a red light, 3-4 cars from the front. I was stopped directly behind a crosswalk (not a crosswalk at an intersection, and it does not have the cross/no cross light). While I was waiting, a woman pushing a stroller came from my right and started into the crosswalk in front of my car. I noticed she wasn't paying attention to the traffic in the other lane traveling opposite of me (like if I was facing north, the other traffic is going south) and I saw a large pickup truck coming really quickly in the S bound lane. She was going to walk straight into the road into the path of the truck because she wasn't paying attention or trying to check that side of the road, so I honked my horn quickly to get her attention while I was rolling my window down to try to tell her to stop. When I honked my horn, the woman in the car in front of me suddenly hit her gas and slammed into the back of the car in front of her. I guess she wasn't paying attention to the light or the road and thought I was honking at her, so she just took off without looking up. I pulled over to a parking spot on the street because I felt like I was involved at this point. The woman with the stroller also stayed behind because she saw it happen, and she wanted to thank me because she realized what would've happened if she'd walked into the road. The police came and took a report from all of us, they checked my license and got my information/insurance. They wrote a ticket to the woman in the car in front of me (I don't know the exact charge/statute) and told me they'd be in contact with me if needed but that there's basically no reason they'd need to get ahold of me again. Told me I was free to go if I wanted. After the police left, I got in my car and the woman in the car in front of me basically ran up to my driver window and started demanding that I also give *her* a copy of my license and insurance. I told her that I was definitely not doing that, to step away from my car, and I was leaving. She started to scream about suing me, so I rolled my window up and backed out around her and left. I'm really not too worried about being sued because I'm pretty confident that when I show up and give my side, it's going to end in my favor. Am I wrong about that? I know about needing to show up if she does sue me. Mostly, is there any way that she can get my insurance/license information from the police report and try to start a claim with my car insurance? If she does this, does it sound like I have any liability here? If I don't, can my insurance costs still go up just because she files a bogus report? And did I handle this situation correctly? Any information/advice is greatly appreciated. Thanks all.
|
d9l2imc
|
d9lc2m4
| 1,478,232,978 | 1,478,259,180 | 5 | 16 |
Lol I doubt that claim with her insurance will go very far. Thank you for being such a vigilant driver. :)
|
Her inability to pay attention to traffic lights has nothing to do with how you correctly used your horn. Well done to you. She might try and if your insurance gets in touch with you about it I'd explain your side of the story and tell them there was a police report filed for them to refer to.
| 0 | 26,202 | 3.2 |
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