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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.
|
d9l6hkj
|
d9lc2m4
| 1,478,241,513 | 1,478,259,180 | 4 | 16 |
I didn't read your whole post only because the answer is clear. Honking for any reason doesn't give the person the right to cause an accident. It would be like someone going around me when I have a turning signal on then crashing and suing me for using my turning signal. You have nothing at all to worry about and I'd be extremely surprised if she can even find a lawyer to take her case.
|
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 | 17,667 | 4 |
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
|
d9l7vyx
| 1,478,259,180 | 1,478,245,723 | 16 | 2 |
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.
|
I'll bet you a dollar she was texting.
| 1 | 13,457 | 8 |
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.
|
d9l9kdr
|
d9l0aah
| 1,478,251,467 | 1,478,229,554 | 13 | 6 |
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.
|
Totally her fault, don't worry.
| 1 | 21,913 | 2.166667 |
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
|
d9l9kdr
| 1,478,232,978 | 1,478,251,467 | 5 | 13 |
Lol I doubt that claim with her insurance will go very far. Thank you for being such a vigilant driver. :)
|
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.
| 0 | 18,489 | 2.6 |
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.
|
d9l9kdr
|
d9l6hkj
| 1,478,251,467 | 1,478,241,513 | 13 | 4 |
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.
|
I didn't read your whole post only because the answer is clear. Honking for any reason doesn't give the person the right to cause an accident. It would be like someone going around me when I have a turning signal on then crashing and suing me for using my turning signal. You have nothing at all to worry about and I'd be extremely surprised if she can even find a lawyer to take her case.
| 1 | 9,954 | 3.25 |
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.
|
d9l9kdr
|
d9l7vyx
| 1,478,251,467 | 1,478,245,723 | 13 | 2 |
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.
|
I'll bet you a dollar she was texting.
| 1 | 5,744 | 6.5 |
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
|
d9lp7sf
| 1,478,229,554 | 1,478,278,388 | 6 | 12 |
Totally her fault, don't worry.
|
If you are sued respond to the lawsuit. Also, bring popcorn because it's gonna be a fireworks show when this yoyo tells a judge that this is your fault.
| 0 | 48,834 | 2 |
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
|
d9lp7sf
| 1,478,232,978 | 1,478,278,388 | 5 | 12 |
Lol I doubt that claim with her insurance will go very far. Thank you for being such a vigilant driver. :)
|
If you are sued respond to the lawsuit. Also, bring popcorn because it's gonna be a fireworks show when this yoyo tells a judge that this is your fault.
| 0 | 45,410 | 2.4 |
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.
|
d9l6hkj
|
d9lp7sf
| 1,478,241,513 | 1,478,278,388 | 4 | 12 |
I didn't read your whole post only because the answer is clear. Honking for any reason doesn't give the person the right to cause an accident. It would be like someone going around me when I have a turning signal on then crashing and suing me for using my turning signal. You have nothing at all to worry about and I'd be extremely surprised if she can even find a lawyer to take her case.
|
If you are sued respond to the lawsuit. Also, bring popcorn because it's gonna be a fireworks show when this yoyo tells a judge that this is your fault.
| 0 | 36,875 | 3 |
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.
|
d9l7vyx
|
d9lp7sf
| 1,478,245,723 | 1,478,278,388 | 2 | 12 |
I'll bet you a dollar she was texting.
|
If you are sued respond to the lawsuit. Also, bring popcorn because it's gonna be a fireworks show when this yoyo tells a judge that this is your fault.
| 0 | 32,665 | 6 |
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.
|
d9l6hkj
|
d9lvgi5
| 1,478,241,513 | 1,478,285,642 | 4 | 5 |
I didn't read your whole post only because the answer is clear. Honking for any reason doesn't give the person the right to cause an accident. It would be like someone going around me when I have a turning signal on then crashing and suing me for using my turning signal. You have nothing at all to worry about and I'd be extremely surprised if she can even find a lawyer to take her case.
|
I think you handled this well, especially not arguing with the excitable, easily-distracted threatener of lawsuits. Anyone could indeed glean your identity from this police report and use that as a starting point for harassing you. Were this to happen: tell her to leave you alone, take it up with the court if she's so convinced that her grievance is legitimate, and that any further contact will be reported as harassment. Keep records of any contact, and I'd install a simple call recorder app on your phone to help make any future restraining order case a slam dunk (TN is a 1-party consent state). I don't think you have anything to worry about from a liability or actuarial standpoint, but certainly contact your insurance to just give them the heads-up that *something frivolous this way comes.*
| 0 | 44,129 | 1.25 |
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.
|
d9lvgi5
|
d9l7vyx
| 1,478,285,642 | 1,478,245,723 | 5 | 2 |
I think you handled this well, especially not arguing with the excitable, easily-distracted threatener of lawsuits. Anyone could indeed glean your identity from this police report and use that as a starting point for harassing you. Were this to happen: tell her to leave you alone, take it up with the court if she's so convinced that her grievance is legitimate, and that any further contact will be reported as harassment. Keep records of any contact, and I'd install a simple call recorder app on your phone to help make any future restraining order case a slam dunk (TN is a 1-party consent state). I don't think you have anything to worry about from a liability or actuarial standpoint, but certainly contact your insurance to just give them the heads-up that *something frivolous this way comes.*
|
I'll bet you a dollar she was texting.
| 1 | 39,919 | 2.5 |
r3skm0
|
legaladvice_train
| 0.88 |
CA- Man tried to hit me with his car outside a Costco. Police report does not give the man's info, even though I had his full License plate and car description. Police did nothing; what can I do to bring him justice? Video available November 1st-I was crossing the parking lot close to the entrance of the Gilroy Costco, was almost finished crossing when the car that had stopped to let me cross accelerated unsafely, causing me to jump out of the way so as not to be struck. The driver made eye contact, flipped the middle finger, so I am concretely sure he was intending to assault me with his vehicle. I do not look disabled, but have a fatigue disorder, so I do not move quickly, and may have been taking to long to cross. This is the only reason I can think of for his behaviour. I stayed and filed a police report, which included the officer viewing a video of the incident that I did not view. The officer told me the plates were from a rental company, so the renter's details should be easily accessible, but the actual report I received in the mail lists no information--the second person is listed "unknown" Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. Can I press charges, myself, somehow? How do I get the video for a civil case? How do I get the driver's name for a civil case?
|
hmeuy4j
|
hmcvhf7
| 1,638,115,438 | 1,638,070,182 | 48 | 46 |
Retired probation officer here, read lots of police reports. If you got just the initial incident report, then it is accurate. At the time of the incident, they did not know the identity of the driver. The Initial report will give just the information that the responding officer had. There may be a follow up investigation, which would generate new reports. You'd have to contact the Police to find out if they have done any further investigating. Keep in mind, if it was assigned for an investigation, it may be handled based on priority. Other crimes or incidents may be higher priority, such as an actual assault with injury. Your case may take time if they are short handed or very busy. (Or both.)
|
Do you know if the plate was the right one for that car? If it didn’t return to that car, which happens a lot, it’s useless information. Car description isn’t much to go on either.
| 1 | 45,256 | 1.043478 |
r3skm0
|
legaladvice_train
| 0.88 |
CA- Man tried to hit me with his car outside a Costco. Police report does not give the man's info, even though I had his full License plate and car description. Police did nothing; what can I do to bring him justice? Video available November 1st-I was crossing the parking lot close to the entrance of the Gilroy Costco, was almost finished crossing when the car that had stopped to let me cross accelerated unsafely, causing me to jump out of the way so as not to be struck. The driver made eye contact, flipped the middle finger, so I am concretely sure he was intending to assault me with his vehicle. I do not look disabled, but have a fatigue disorder, so I do not move quickly, and may have been taking to long to cross. This is the only reason I can think of for his behaviour. I stayed and filed a police report, which included the officer viewing a video of the incident that I did not view. The officer told me the plates were from a rental company, so the renter's details should be easily accessible, but the actual report I received in the mail lists no information--the second person is listed "unknown" Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. Can I press charges, myself, somehow? How do I get the video for a civil case? How do I get the driver's name for a civil case?
|
hmeuy4j
|
hmeiqu7
| 1,638,115,438 | 1,638,109,629 | 48 | 18 |
Retired probation officer here, read lots of police reports. If you got just the initial incident report, then it is accurate. At the time of the incident, they did not know the identity of the driver. The Initial report will give just the information that the responding officer had. There may be a follow up investigation, which would generate new reports. You'd have to contact the Police to find out if they have done any further investigating. Keep in mind, if it was assigned for an investigation, it may be handled based on priority. Other crimes or incidents may be higher priority, such as an actual assault with injury. Your case may take time if they are short handed or very busy. (Or both.)
|
>Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. You can go to the police station and ask a supervisor, but ultimately the decision is up to them to pursue it. >Can I press charges, myself, somehow? Not unless you go to law school and get voted in to be the District Attorney. > How do I get the video for a civil case? Hire a lawyer to begin a lawsuit and then it would have to be subpoenaed. What that lawsuit would be, I have no idea. >How do I get the driver's name for a civil case? Hire a private investigator
| 1 | 5,809 | 2.666667 |
r3skm0
|
legaladvice_train
| 0.88 |
CA- Man tried to hit me with his car outside a Costco. Police report does not give the man's info, even though I had his full License plate and car description. Police did nothing; what can I do to bring him justice? Video available November 1st-I was crossing the parking lot close to the entrance of the Gilroy Costco, was almost finished crossing when the car that had stopped to let me cross accelerated unsafely, causing me to jump out of the way so as not to be struck. The driver made eye contact, flipped the middle finger, so I am concretely sure he was intending to assault me with his vehicle. I do not look disabled, but have a fatigue disorder, so I do not move quickly, and may have been taking to long to cross. This is the only reason I can think of for his behaviour. I stayed and filed a police report, which included the officer viewing a video of the incident that I did not view. The officer told me the plates were from a rental company, so the renter's details should be easily accessible, but the actual report I received in the mail lists no information--the second person is listed "unknown" Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. Can I press charges, myself, somehow? How do I get the video for a civil case? How do I get the driver's name for a civil case?
|
hmeuy4j
|
hmetq1o
| 1,638,115,438 | 1,638,114,902 | 48 | 5 |
Retired probation officer here, read lots of police reports. If you got just the initial incident report, then it is accurate. At the time of the incident, they did not know the identity of the driver. The Initial report will give just the information that the responding officer had. There may be a follow up investigation, which would generate new reports. You'd have to contact the Police to find out if they have done any further investigating. Keep in mind, if it was assigned for an investigation, it may be handled based on priority. Other crimes or incidents may be higher priority, such as an actual assault with injury. Your case may take time if they are short handed or very busy. (Or both.)
|
Honestly I would take a step back and understand that while yes, that driver is an utter asshole, you fortunately were not hit. There is nothing to really do at this point.
| 1 | 536 | 9.6 |
r3skm0
|
legaladvice_train
| 0.88 |
CA- Man tried to hit me with his car outside a Costco. Police report does not give the man's info, even though I had his full License plate and car description. Police did nothing; what can I do to bring him justice? Video available November 1st-I was crossing the parking lot close to the entrance of the Gilroy Costco, was almost finished crossing when the car that had stopped to let me cross accelerated unsafely, causing me to jump out of the way so as not to be struck. The driver made eye contact, flipped the middle finger, so I am concretely sure he was intending to assault me with his vehicle. I do not look disabled, but have a fatigue disorder, so I do not move quickly, and may have been taking to long to cross. This is the only reason I can think of for his behaviour. I stayed and filed a police report, which included the officer viewing a video of the incident that I did not view. The officer told me the plates were from a rental company, so the renter's details should be easily accessible, but the actual report I received in the mail lists no information--the second person is listed "unknown" Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. Can I press charges, myself, somehow? How do I get the video for a civil case? How do I get the driver's name for a civil case?
|
hmds42o
|
hmeuy4j
| 1,638,090,984 | 1,638,115,438 | 4 | 48 |
Do you know who did it? The police clearly don’t know who was driving. You can’t write down a name that you don’t have. Them taking the plate and documenting it is really all they have. It could be someone else driving the car, it could be stolen. You don’t know for sure.
|
Retired probation officer here, read lots of police reports. If you got just the initial incident report, then it is accurate. At the time of the incident, they did not know the identity of the driver. The Initial report will give just the information that the responding officer had. There may be a follow up investigation, which would generate new reports. You'd have to contact the Police to find out if they have done any further investigating. Keep in mind, if it was assigned for an investigation, it may be handled based on priority. Other crimes or incidents may be higher priority, such as an actual assault with injury. Your case may take time if they are short handed or very busy. (Or both.)
| 0 | 24,454 | 12 |
r3skm0
|
legaladvice_train
| 0.88 |
CA- Man tried to hit me with his car outside a Costco. Police report does not give the man's info, even though I had his full License plate and car description. Police did nothing; what can I do to bring him justice? Video available November 1st-I was crossing the parking lot close to the entrance of the Gilroy Costco, was almost finished crossing when the car that had stopped to let me cross accelerated unsafely, causing me to jump out of the way so as not to be struck. The driver made eye contact, flipped the middle finger, so I am concretely sure he was intending to assault me with his vehicle. I do not look disabled, but have a fatigue disorder, so I do not move quickly, and may have been taking to long to cross. This is the only reason I can think of for his behaviour. I stayed and filed a police report, which included the officer viewing a video of the incident that I did not view. The officer told me the plates were from a rental company, so the renter's details should be easily accessible, but the actual report I received in the mail lists no information--the second person is listed "unknown" Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. Can I press charges, myself, somehow? How do I get the video for a civil case? How do I get the driver's name for a civil case?
|
hmeiqu7
|
hmds42o
| 1,638,109,629 | 1,638,090,984 | 18 | 4 |
>Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. You can go to the police station and ask a supervisor, but ultimately the decision is up to them to pursue it. >Can I press charges, myself, somehow? Not unless you go to law school and get voted in to be the District Attorney. > How do I get the video for a civil case? Hire a lawyer to begin a lawsuit and then it would have to be subpoenaed. What that lawsuit would be, I have no idea. >How do I get the driver's name for a civil case? Hire a private investigator
|
Do you know who did it? The police clearly don’t know who was driving. You can’t write down a name that you don’t have. Them taking the plate and documenting it is really all they have. It could be someone else driving the car, it could be stolen. You don’t know for sure.
| 1 | 18,645 | 4.5 |
r3skm0
|
legaladvice_train
| 0.88 |
CA- Man tried to hit me with his car outside a Costco. Police report does not give the man's info, even though I had his full License plate and car description. Police did nothing; what can I do to bring him justice? Video available November 1st-I was crossing the parking lot close to the entrance of the Gilroy Costco, was almost finished crossing when the car that had stopped to let me cross accelerated unsafely, causing me to jump out of the way so as not to be struck. The driver made eye contact, flipped the middle finger, so I am concretely sure he was intending to assault me with his vehicle. I do not look disabled, but have a fatigue disorder, so I do not move quickly, and may have been taking to long to cross. This is the only reason I can think of for his behaviour. I stayed and filed a police report, which included the officer viewing a video of the incident that I did not view. The officer told me the plates were from a rental company, so the renter's details should be easily accessible, but the actual report I received in the mail lists no information--the second person is listed "unknown" Can I pursue this further? It seems the police didn't care, so I don't know how to find out the driver's name. Can I press charges, myself, somehow? How do I get the video for a civil case? How do I get the driver's name for a civil case?
|
hmetq1o
|
hmds42o
| 1,638,114,902 | 1,638,090,984 | 5 | 4 |
Honestly I would take a step back and understand that while yes, that driver is an utter asshole, you fortunately were not hit. There is nothing to really do at this point.
|
Do you know who did it? The police clearly don’t know who was driving. You can’t write down a name that you don’t have. Them taking the plate and documenting it is really all they have. It could be someone else driving the car, it could be stolen. You don’t know for sure.
| 1 | 23,918 | 1.25 |
pqdaeq
|
legaladvice_train
| 0.93 |
Hidden cameras in my Airbnb (Florida) I was just wondering what could be done on my end in this situation. I am vacationing in south Florida and discovered 3 hidden cameras at my Airbnb in fake smoke detectors. They were all turned on, but only one had an SD card inside. I found them almost immediately since there were an abnormal amount of smoke detectors present. The renter did not disclose these cameras to me. I’ve already contacted Airbnb about the situation and they are reimbursing me and have already set me up in a new place. I am just curious if there’s anything I could/should do from a legal standpoint. Thanks for any advice!
|
hda4l2z
|
hdbcim2
| 1,631,929,150 | 1,631,959,340 | 99 | 102 |
Call the police.
|
It's a 3rd degree felony in Florida. Florida Statute §810.145 >(2) A person commits the offense of video voyeurism if that person: (a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; > >(6) Except as provided in subsections (7) and (8): > >(b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Call the police, they can get a search warrant based on your statement, if you have any pictures of the hidden cameras this can help also. ​ Security cameras are legal inside the house as long as they are plainly visible. These are hidden and obviously placed in such as way as to record someone in a location where they have a reasonable expectation of privacy.
| 0 | 30,190 | 1.030303 |
pqdaeq
|
legaladvice_train
| 0.93 |
Hidden cameras in my Airbnb (Florida) I was just wondering what could be done on my end in this situation. I am vacationing in south Florida and discovered 3 hidden cameras at my Airbnb in fake smoke detectors. They were all turned on, but only one had an SD card inside. I found them almost immediately since there were an abnormal amount of smoke detectors present. The renter did not disclose these cameras to me. I’ve already contacted Airbnb about the situation and they are reimbursing me and have already set me up in a new place. I am just curious if there’s anything I could/should do from a legal standpoint. Thanks for any advice!
|
hdb65qh
|
hdbcim2
| 1,631,953,813 | 1,631,959,340 | 34 | 102 |
I believe the host needs to disclose where the cameras are in the page details. https://www.airbnb.com/help/article/887/what-are-airbnbs-rules-about-security-cameras-and-other-recording-devices-in-listings Need to probably file a police report.
|
It's a 3rd degree felony in Florida. Florida Statute §810.145 >(2) A person commits the offense of video voyeurism if that person: (a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; > >(6) Except as provided in subsections (7) and (8): > >(b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Call the police, they can get a search warrant based on your statement, if you have any pictures of the hidden cameras this can help also. ​ Security cameras are legal inside the house as long as they are plainly visible. These are hidden and obviously placed in such as way as to record someone in a location where they have a reasonable expectation of privacy.
| 0 | 5,527 | 3 |
pqdaeq
|
legaladvice_train
| 0.93 |
Hidden cameras in my Airbnb (Florida) I was just wondering what could be done on my end in this situation. I am vacationing in south Florida and discovered 3 hidden cameras at my Airbnb in fake smoke detectors. They were all turned on, but only one had an SD card inside. I found them almost immediately since there were an abnormal amount of smoke detectors present. The renter did not disclose these cameras to me. I’ve already contacted Airbnb about the situation and they are reimbursing me and have already set me up in a new place. I am just curious if there’s anything I could/should do from a legal standpoint. Thanks for any advice!
|
hdb1ug2
|
hdbcim2
| 1,631,950,154 | 1,631,959,340 | 18 | 102 |
1st things first. File a police report. Then contact a lawyer.
|
It's a 3rd degree felony in Florida. Florida Statute §810.145 >(2) A person commits the offense of video voyeurism if that person: (a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; > >(6) Except as provided in subsections (7) and (8): > >(b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Call the police, they can get a search warrant based on your statement, if you have any pictures of the hidden cameras this can help also. ​ Security cameras are legal inside the house as long as they are plainly visible. These are hidden and obviously placed in such as way as to record someone in a location where they have a reasonable expectation of privacy.
| 0 | 9,186 | 5.666667 |
pqdaeq
|
legaladvice_train
| 0.93 |
Hidden cameras in my Airbnb (Florida) I was just wondering what could be done on my end in this situation. I am vacationing in south Florida and discovered 3 hidden cameras at my Airbnb in fake smoke detectors. They were all turned on, but only one had an SD card inside. I found them almost immediately since there were an abnormal amount of smoke detectors present. The renter did not disclose these cameras to me. I’ve already contacted Airbnb about the situation and they are reimbursing me and have already set me up in a new place. I am just curious if there’s anything I could/should do from a legal standpoint. Thanks for any advice!
|
hdb1ug2
|
hdb65qh
| 1,631,950,154 | 1,631,953,813 | 18 | 34 |
1st things first. File a police report. Then contact a lawyer.
|
I believe the host needs to disclose where the cameras are in the page details. https://www.airbnb.com/help/article/887/what-are-airbnbs-rules-about-security-cameras-and-other-recording-devices-in-listings Need to probably file a police report.
| 0 | 3,659 | 1.888889 |
aff20a
|
legaladvice_train
| 0.89 |
Assaulted at an AirBnB and there were cameras... My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
|
edy3pw1
|
edy3mxo
| 1,547,348,688 | 1,547,348,622 | 86 | 3 |
You would need to report the crime and file all action in the country where this actually took places. Nothing is ever going to be happening here in the US, no.
|
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Author: /u/Giving_You_FLAC
Title: **Assaulted at an AirBnB and there were cameras...**
Original Post:
> My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. > > I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
---
LocationBot 4.31977192 | Report Issues
| 1 | 66 | 28.666667 |
aff20a
|
legaladvice_train
| 0.89 |
Assaulted at an AirBnB and there were cameras... My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
|
edy5xga
|
edy3mxo
| 1,547,350,512 | 1,547,348,622 | 13 | 3 |
Call the police and report the assault, if they are interested in pressing charges they will subpoena the video evidence.
|
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Author: /u/Giving_You_FLAC
Title: **Assaulted at an AirBnB and there were cameras...**
Original Post:
> My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. > > I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
---
LocationBot 4.31977192 | Report Issues
| 1 | 1,890 | 4.333333 |
aff20a
|
legaladvice_train
| 0.89 |
Assaulted at an AirBnB and there were cameras... My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
|
edy3mxo
|
edycxj3
| 1,547,348,622 | 1,547,356,884 | 3 | 12 |
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Author: /u/Giving_You_FLAC
Title: **Assaulted at an AirBnB and there were cameras...**
Original Post:
> My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. > > I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
---
LocationBot 4.31977192 | Report Issues
|
You could try seeing if AirBnB customer service was willing to pressure the owner into providing the video. Otherwise you’ll need to work within the legal system of the country you were vacationing in.
| 0 | 8,262 | 4 |
aff20a
|
legaladvice_train
| 0.89 |
Assaulted at an AirBnB and there were cameras... My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
|
edz5o0t
|
edy3mxo
| 1,547,391,024 | 1,547,348,622 | 6 | 3 |
What country? What did the assault consist of? You are being way to vague to give any advice other than what has already been given (file a police report and alert Airbnb.
|
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Author: /u/Giving_You_FLAC
Title: **Assaulted at an AirBnB and there were cameras...**
Original Post:
> My wife and I were assaulted on the Airbnb property we were staying at, and there are cameras covering the area it occurred. The lister/owner is refusing to help, saying he’d have to contact the security company and isn’t familiar with it, and wished me best of luck. So basically, a polite ‘fuck off’. > > I am a US citizen, the assaulter is also a US citizen, but this happened at a property in Central America. Do I have any recourse to getting a copy of the tape here? Am I out of luck? Thanks to any who reply.
---
LocationBot 4.31977192 | Report Issues
| 1 | 42,402 | 2 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78ct9s
|
i77wl5x
| 1,651,625,020 | 1,651,617,504 | 1,376 | 121 |
It’s a breach of fiduciary duty case. You need a probate litigation firm. It’s winnable. You’ll want a lis pendens recorded in the house first thing so she can’t sell it.
|
Get a lawyer
| 1 | 7,516 | 11.371901 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78hxa4
|
i78weo7
| 1,651,627,299 | 1,651,633,850 | 377 | 547 |
OP You will need a lawyer in NY and one in Florida. You also will need to get ahold of your mothers medical records. What you need to know is the dates of the following: Dates of diagnosis, the POA and the sale of the house and the deed being transferred over. If the date of the diagnosis of dementia is before the signing of the POA and the sale, and deed work, you may have a case. But this is where you need a lawyer to check everything and to advise you on this fully. Also make sure you have a copy of the will, and along with all of these dates. A good family lawyer or a probate lawyer may have something interesting to say and give you far better advice on how to proceed. So before lawyers, get those dates and double check. if the diagnosis date is prior the POA and the sale, get to lawyers ASAP.
|
This is potentially criminal elder abuse. If you have anything from your mother's doctor deeming her incompetent PRIOR to the POA, you could take that evidence to the police department and file an elder abuse case against your sister. Let the DA charge her and seek restitution. As r/Frank38492 notes, your sister has also violated her fiduciary duty. If your sister quit claimed the house to herself, she most likely is the type to open joint credit accounts using your mom's ss# as co-signer. It might be worth pulling your mom's credit report to determine if she also benefited from your mom's co-signing. Hiring a civil attorney to address, will be quicker to resolve the house but not necessarily other issues, such as credit. But it's also the expensive way to go. Filing an elder abuse case with the police and letting the DA charge her can take a long time, but is the free route. Attorney's often provide a 1 hour consult for free. If you file a police report, you may find yourself having to follow-up for progress of the investigation and help provide additional information for it to progress to the DAs office. The process can take years. Restitution is most often ordered if there's a conviction but it won't result in a long term jail sentence especially if it's her first conviction. I wish you luck. EDIT: Florida Law: **Section 415.1111** of the Florida Statutes gives vulnerable adults the power to begin a civil action for damages, punitive damages, and attorney fees and costs when they have been financially exploited through fraud. Under this section, seniors and elders can sue anyone who uses fraud, intimidation, or undue influence to deprive them of their funds or real property. **Section 517.34** —Protection of Specified Adults, protects vulnerable adult investors from financial exploitation. According to the law, securities dealers and investment advisers can delay a transaction or disbursement for a couple of weeks if he/she believes that fraud or financial exploitation has occurred. Under Section **709.2116 (1)** of the Florida Power of Attorney Act, a power of attorney can be reviewed if the court finds that the attorney or agent has breached his/her fiduciary duties. Section **429.60** of the Adult Family-Care Homes Act—This law intends to encourage the provision of care for disabled adults and frail elders and seniors. The law provides that personal care be given to adults in family-care homes to delay the placements of residents in a nursing home.
| 0 | 6,551 | 1.450928 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i77wl5x
|
i78weo7
| 1,651,617,504 | 1,651,633,850 | 121 | 547 |
Get a lawyer
|
This is potentially criminal elder abuse. If you have anything from your mother's doctor deeming her incompetent PRIOR to the POA, you could take that evidence to the police department and file an elder abuse case against your sister. Let the DA charge her and seek restitution. As r/Frank38492 notes, your sister has also violated her fiduciary duty. If your sister quit claimed the house to herself, she most likely is the type to open joint credit accounts using your mom's ss# as co-signer. It might be worth pulling your mom's credit report to determine if she also benefited from your mom's co-signing. Hiring a civil attorney to address, will be quicker to resolve the house but not necessarily other issues, such as credit. But it's also the expensive way to go. Filing an elder abuse case with the police and letting the DA charge her can take a long time, but is the free route. Attorney's often provide a 1 hour consult for free. If you file a police report, you may find yourself having to follow-up for progress of the investigation and help provide additional information for it to progress to the DAs office. The process can take years. Restitution is most often ordered if there's a conviction but it won't result in a long term jail sentence especially if it's her first conviction. I wish you luck. EDIT: Florida Law: **Section 415.1111** of the Florida Statutes gives vulnerable adults the power to begin a civil action for damages, punitive damages, and attorney fees and costs when they have been financially exploited through fraud. Under this section, seniors and elders can sue anyone who uses fraud, intimidation, or undue influence to deprive them of their funds or real property. **Section 517.34** —Protection of Specified Adults, protects vulnerable adult investors from financial exploitation. According to the law, securities dealers and investment advisers can delay a transaction or disbursement for a couple of weeks if he/she believes that fraud or financial exploitation has occurred. Under Section **709.2116 (1)** of the Florida Power of Attorney Act, a power of attorney can be reviewed if the court finds that the attorney or agent has breached his/her fiduciary duties. Section **429.60** of the Adult Family-Care Homes Act—This law intends to encourage the provision of care for disabled adults and frail elders and seniors. The law provides that personal care be given to adults in family-care homes to delay the placements of residents in a nursing home.
| 0 | 16,346 | 4.520661 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78h6my
|
i78weo7
| 1,651,626,976 | 1,651,633,850 | 65 | 547 |
Bad news - Medicaid lookback, if it comes to it, is 5 years in New York. Even if you get the house restored to the both of you, you're looking at a real possibility of losing the house to the state anyway. If it doesn't involve Medicaid, different story. But know that a possibility exists you may lose the house either way. You will likely need an attorney to pursue this - estate planning, or elder care. (Not a lawyer.)
|
This is potentially criminal elder abuse. If you have anything from your mother's doctor deeming her incompetent PRIOR to the POA, you could take that evidence to the police department and file an elder abuse case against your sister. Let the DA charge her and seek restitution. As r/Frank38492 notes, your sister has also violated her fiduciary duty. If your sister quit claimed the house to herself, she most likely is the type to open joint credit accounts using your mom's ss# as co-signer. It might be worth pulling your mom's credit report to determine if she also benefited from your mom's co-signing. Hiring a civil attorney to address, will be quicker to resolve the house but not necessarily other issues, such as credit. But it's also the expensive way to go. Filing an elder abuse case with the police and letting the DA charge her can take a long time, but is the free route. Attorney's often provide a 1 hour consult for free. If you file a police report, you may find yourself having to follow-up for progress of the investigation and help provide additional information for it to progress to the DAs office. The process can take years. Restitution is most often ordered if there's a conviction but it won't result in a long term jail sentence especially if it's her first conviction. I wish you luck. EDIT: Florida Law: **Section 415.1111** of the Florida Statutes gives vulnerable adults the power to begin a civil action for damages, punitive damages, and attorney fees and costs when they have been financially exploited through fraud. Under this section, seniors and elders can sue anyone who uses fraud, intimidation, or undue influence to deprive them of their funds or real property. **Section 517.34** —Protection of Specified Adults, protects vulnerable adult investors from financial exploitation. According to the law, securities dealers and investment advisers can delay a transaction or disbursement for a couple of weeks if he/she believes that fraud or financial exploitation has occurred. Under Section **709.2116 (1)** of the Florida Power of Attorney Act, a power of attorney can be reviewed if the court finds that the attorney or agent has breached his/her fiduciary duties. Section **429.60** of the Adult Family-Care Homes Act—This law intends to encourage the provision of care for disabled adults and frail elders and seniors. The law provides that personal care be given to adults in family-care homes to delay the placements of residents in a nursing home.
| 0 | 6,874 | 8.415385 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78pzpo
|
i78weo7
| 1,651,630,856 | 1,651,633,850 | 22 | 547 |
I don’t think you can use a POA to sell a house to yourself? I’m not a Judge or Lawyer.
|
This is potentially criminal elder abuse. If you have anything from your mother's doctor deeming her incompetent PRIOR to the POA, you could take that evidence to the police department and file an elder abuse case against your sister. Let the DA charge her and seek restitution. As r/Frank38492 notes, your sister has also violated her fiduciary duty. If your sister quit claimed the house to herself, she most likely is the type to open joint credit accounts using your mom's ss# as co-signer. It might be worth pulling your mom's credit report to determine if she also benefited from your mom's co-signing. Hiring a civil attorney to address, will be quicker to resolve the house but not necessarily other issues, such as credit. But it's also the expensive way to go. Filing an elder abuse case with the police and letting the DA charge her can take a long time, but is the free route. Attorney's often provide a 1 hour consult for free. If you file a police report, you may find yourself having to follow-up for progress of the investigation and help provide additional information for it to progress to the DAs office. The process can take years. Restitution is most often ordered if there's a conviction but it won't result in a long term jail sentence especially if it's her first conviction. I wish you luck. EDIT: Florida Law: **Section 415.1111** of the Florida Statutes gives vulnerable adults the power to begin a civil action for damages, punitive damages, and attorney fees and costs when they have been financially exploited through fraud. Under this section, seniors and elders can sue anyone who uses fraud, intimidation, or undue influence to deprive them of their funds or real property. **Section 517.34** —Protection of Specified Adults, protects vulnerable adult investors from financial exploitation. According to the law, securities dealers and investment advisers can delay a transaction or disbursement for a couple of weeks if he/she believes that fraud or financial exploitation has occurred. Under Section **709.2116 (1)** of the Florida Power of Attorney Act, a power of attorney can be reviewed if the court finds that the attorney or agent has breached his/her fiduciary duties. Section **429.60** of the Adult Family-Care Homes Act—This law intends to encourage the provision of care for disabled adults and frail elders and seniors. The law provides that personal care be given to adults in family-care homes to delay the placements of residents in a nursing home.
| 0 | 2,994 | 24.863636 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i77wl5x
|
i78hxa4
| 1,651,617,504 | 1,651,627,299 | 121 | 377 |
Get a lawyer
|
OP You will need a lawyer in NY and one in Florida. You also will need to get ahold of your mothers medical records. What you need to know is the dates of the following: Dates of diagnosis, the POA and the sale of the house and the deed being transferred over. If the date of the diagnosis of dementia is before the signing of the POA and the sale, and deed work, you may have a case. But this is where you need a lawyer to check everything and to advise you on this fully. Also make sure you have a copy of the will, and along with all of these dates. A good family lawyer or a probate lawyer may have something interesting to say and give you far better advice on how to proceed. So before lawyers, get those dates and double check. if the diagnosis date is prior the POA and the sale, get to lawyers ASAP.
| 0 | 9,795 | 3.115702 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78hxa4
|
i78h6my
| 1,651,627,299 | 1,651,626,976 | 377 | 65 |
OP You will need a lawyer in NY and one in Florida. You also will need to get ahold of your mothers medical records. What you need to know is the dates of the following: Dates of diagnosis, the POA and the sale of the house and the deed being transferred over. If the date of the diagnosis of dementia is before the signing of the POA and the sale, and deed work, you may have a case. But this is where you need a lawyer to check everything and to advise you on this fully. Also make sure you have a copy of the will, and along with all of these dates. A good family lawyer or a probate lawyer may have something interesting to say and give you far better advice on how to proceed. So before lawyers, get those dates and double check. if the diagnosis date is prior the POA and the sale, get to lawyers ASAP.
|
Bad news - Medicaid lookback, if it comes to it, is 5 years in New York. Even if you get the house restored to the both of you, you're looking at a real possibility of losing the house to the state anyway. If it doesn't involve Medicaid, different story. But know that a possibility exists you may lose the house either way. You will likely need an attorney to pursue this - estate planning, or elder care. (Not a lawyer.)
| 1 | 323 | 5.8 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i77wl5x
|
i796i4p
| 1,651,617,504 | 1,651,639,147 | 121 | 160 |
Get a lawyer
|
OP, I am an attorney. I am not your attorney. I’m not licensed to practice in New York or in Florida. You need an attorney in both New York and in Florida immediately. Your sister had your mother sign a power of attorney document that, according to your characterization, she did not have the mental capacity to effectively sign. You will need to petition the relevant court to invalidate this power of attorney and the subsequent transfer of title of your mother’s residence in Florida to your sister. You should be able to do this by providing medical records detailing your mothers history of dementia and her inability to effectively sign a valid power of attorney for property. Then, even if somehow the power of attorney document remains valid, when acting as agent under power of attorney for property, your sister has an obligation as a fiduciary to act only in your mothers best interest. This includes the obligation not to “self deal.” Self-dealing includes transferring the principles property to yourself as the acting agent under power of attorney for anything less than fair market value. Any such transactions in which assets are transferred from the principal to the agent are presumed fraudulent and the agent must prove otherwise. In other words, a good attorney should help you undo this. Provided your mothers will was signed prior to the onset of her dementia, and her permanent in capacity, the will will remain valid and control the disposition of her home and other assets upon her death. However, as other commenters have pointed out, if your mother needs to become Medicaid eligible, her home will likely need to be sold and the sale proceeds used to pay the cost of her care. Only if there are assets left at her death will you receive anything. Your sister will likely have to move out of the home prior to its sale and you may need to evict her. She may also have claims for money she has spent on the property if she has been living there for nearly a decade, including improvements, maintenance and repairs, and maybe even property taxes. You desperately need an attorney to sort through all of this with you.
| 0 | 21,643 | 1.322314 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i796i4p
|
i78h6my
| 1,651,639,147 | 1,651,626,976 | 160 | 65 |
OP, I am an attorney. I am not your attorney. I’m not licensed to practice in New York or in Florida. You need an attorney in both New York and in Florida immediately. Your sister had your mother sign a power of attorney document that, according to your characterization, she did not have the mental capacity to effectively sign. You will need to petition the relevant court to invalidate this power of attorney and the subsequent transfer of title of your mother’s residence in Florida to your sister. You should be able to do this by providing medical records detailing your mothers history of dementia and her inability to effectively sign a valid power of attorney for property. Then, even if somehow the power of attorney document remains valid, when acting as agent under power of attorney for property, your sister has an obligation as a fiduciary to act only in your mothers best interest. This includes the obligation not to “self deal.” Self-dealing includes transferring the principles property to yourself as the acting agent under power of attorney for anything less than fair market value. Any such transactions in which assets are transferred from the principal to the agent are presumed fraudulent and the agent must prove otherwise. In other words, a good attorney should help you undo this. Provided your mothers will was signed prior to the onset of her dementia, and her permanent in capacity, the will will remain valid and control the disposition of her home and other assets upon her death. However, as other commenters have pointed out, if your mother needs to become Medicaid eligible, her home will likely need to be sold and the sale proceeds used to pay the cost of her care. Only if there are assets left at her death will you receive anything. Your sister will likely have to move out of the home prior to its sale and you may need to evict her. She may also have claims for money she has spent on the property if she has been living there for nearly a decade, including improvements, maintenance and repairs, and maybe even property taxes. You desperately need an attorney to sort through all of this with you.
|
Bad news - Medicaid lookback, if it comes to it, is 5 years in New York. Even if you get the house restored to the both of you, you're looking at a real possibility of losing the house to the state anyway. If it doesn't involve Medicaid, different story. But know that a possibility exists you may lose the house either way. You will likely need an attorney to pursue this - estate planning, or elder care. (Not a lawyer.)
| 1 | 12,171 | 2.461538 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i796i4p
|
i7936jq
| 1,651,639,147 | 1,651,637,287 | 160 | 45 |
OP, I am an attorney. I am not your attorney. I’m not licensed to practice in New York or in Florida. You need an attorney in both New York and in Florida immediately. Your sister had your mother sign a power of attorney document that, according to your characterization, she did not have the mental capacity to effectively sign. You will need to petition the relevant court to invalidate this power of attorney and the subsequent transfer of title of your mother’s residence in Florida to your sister. You should be able to do this by providing medical records detailing your mothers history of dementia and her inability to effectively sign a valid power of attorney for property. Then, even if somehow the power of attorney document remains valid, when acting as agent under power of attorney for property, your sister has an obligation as a fiduciary to act only in your mothers best interest. This includes the obligation not to “self deal.” Self-dealing includes transferring the principles property to yourself as the acting agent under power of attorney for anything less than fair market value. Any such transactions in which assets are transferred from the principal to the agent are presumed fraudulent and the agent must prove otherwise. In other words, a good attorney should help you undo this. Provided your mothers will was signed prior to the onset of her dementia, and her permanent in capacity, the will will remain valid and control the disposition of her home and other assets upon her death. However, as other commenters have pointed out, if your mother needs to become Medicaid eligible, her home will likely need to be sold and the sale proceeds used to pay the cost of her care. Only if there are assets left at her death will you receive anything. Your sister will likely have to move out of the home prior to its sale and you may need to evict her. She may also have claims for money she has spent on the property if she has been living there for nearly a decade, including improvements, maintenance and repairs, and maybe even property taxes. You desperately need an attorney to sort through all of this with you.
|
I am not a lawyer I work in long term care with a specific financial background. Please notify the nursing facility of your concerns and file a claim for elder abuse with Adult Protective Services. Then get an attorney to pursue guardianship and deal with the house sale. https://ocfs.ny.gov/programs/adult-svcs/aps/
| 1 | 1,860 | 3.555556 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i794fd9
|
i796i4p
| 1,651,637,948 | 1,651,639,147 | 34 | 160 |
An agent under a POA has a duty to take actions for the benefit of the principal. This is a blatant act of self-dealing. This may ultimately be an Article 81 guardianship case as there is no standing under a will until it is admitted to probate.
|
OP, I am an attorney. I am not your attorney. I’m not licensed to practice in New York or in Florida. You need an attorney in both New York and in Florida immediately. Your sister had your mother sign a power of attorney document that, according to your characterization, she did not have the mental capacity to effectively sign. You will need to petition the relevant court to invalidate this power of attorney and the subsequent transfer of title of your mother’s residence in Florida to your sister. You should be able to do this by providing medical records detailing your mothers history of dementia and her inability to effectively sign a valid power of attorney for property. Then, even if somehow the power of attorney document remains valid, when acting as agent under power of attorney for property, your sister has an obligation as a fiduciary to act only in your mothers best interest. This includes the obligation not to “self deal.” Self-dealing includes transferring the principles property to yourself as the acting agent under power of attorney for anything less than fair market value. Any such transactions in which assets are transferred from the principal to the agent are presumed fraudulent and the agent must prove otherwise. In other words, a good attorney should help you undo this. Provided your mothers will was signed prior to the onset of her dementia, and her permanent in capacity, the will will remain valid and control the disposition of her home and other assets upon her death. However, as other commenters have pointed out, if your mother needs to become Medicaid eligible, her home will likely need to be sold and the sale proceeds used to pay the cost of her care. Only if there are assets left at her death will you receive anything. Your sister will likely have to move out of the home prior to its sale and you may need to evict her. She may also have claims for money she has spent on the property if she has been living there for nearly a decade, including improvements, maintenance and repairs, and maybe even property taxes. You desperately need an attorney to sort through all of this with you.
| 0 | 1,199 | 4.705882 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78pzpo
|
i796i4p
| 1,651,630,856 | 1,651,639,147 | 22 | 160 |
I don’t think you can use a POA to sell a house to yourself? I’m not a Judge or Lawyer.
|
OP, I am an attorney. I am not your attorney. I’m not licensed to practice in New York or in Florida. You need an attorney in both New York and in Florida immediately. Your sister had your mother sign a power of attorney document that, according to your characterization, she did not have the mental capacity to effectively sign. You will need to petition the relevant court to invalidate this power of attorney and the subsequent transfer of title of your mother’s residence in Florida to your sister. You should be able to do this by providing medical records detailing your mothers history of dementia and her inability to effectively sign a valid power of attorney for property. Then, even if somehow the power of attorney document remains valid, when acting as agent under power of attorney for property, your sister has an obligation as a fiduciary to act only in your mothers best interest. This includes the obligation not to “self deal.” Self-dealing includes transferring the principles property to yourself as the acting agent under power of attorney for anything less than fair market value. Any such transactions in which assets are transferred from the principal to the agent are presumed fraudulent and the agent must prove otherwise. In other words, a good attorney should help you undo this. Provided your mothers will was signed prior to the onset of her dementia, and her permanent in capacity, the will will remain valid and control the disposition of her home and other assets upon her death. However, as other commenters have pointed out, if your mother needs to become Medicaid eligible, her home will likely need to be sold and the sale proceeds used to pay the cost of her care. Only if there are assets left at her death will you receive anything. Your sister will likely have to move out of the home prior to its sale and you may need to evict her. She may also have claims for money she has spent on the property if she has been living there for nearly a decade, including improvements, maintenance and repairs, and maybe even property taxes. You desperately need an attorney to sort through all of this with you.
| 0 | 8,291 | 7.272727 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7936jq
|
i78pzpo
| 1,651,637,287 | 1,651,630,856 | 45 | 22 |
I am not a lawyer I work in long term care with a specific financial background. Please notify the nursing facility of your concerns and file a claim for elder abuse with Adult Protective Services. Then get an attorney to pursue guardianship and deal with the house sale. https://ocfs.ny.gov/programs/adult-svcs/aps/
|
I don’t think you can use a POA to sell a house to yourself? I’m not a Judge or Lawyer.
| 1 | 6,431 | 2.045455 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i78pzpo
|
i794fd9
| 1,651,630,856 | 1,651,637,948 | 22 | 34 |
I don’t think you can use a POA to sell a house to yourself? I’m not a Judge or Lawyer.
|
An agent under a POA has a duty to take actions for the benefit of the principal. This is a blatant act of self-dealing. This may ultimately be an Article 81 guardianship case as there is no standing under a will until it is admitted to probate.
| 0 | 7,092 | 1.545455 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7bfnl5
|
i7akx7t
| 1,651,685,583 | 1,651,673,192 | 3 | 2 |
Your sister is an idiot. First off, if you sell something to someone for $1 that is worth a lot more, clearly, the buyer can actually be liable for certain taxes, etc., based on their 'gains'. Especially if they turn around and sell the house. Also, as /u/thatsthefactsjack said, this is several other kinds of stupid and very-likely illegal. ​ Disclaimer: Not A Lawyer.
|
Not a lawyer but a mandated reporter in another state. Echoing what others have said about hiring a lawyer in both NY and FL immediately, and to gather all medical records and documentation Asap. This is elder abuse, and I’m sorry that your sister is putting you and your Mom through this.
| 1 | 12,391 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7bfnl5
|
i7amr5f
| 1,651,685,583 | 1,651,673,968 | 3 | 2 |
Your sister is an idiot. First off, if you sell something to someone for $1 that is worth a lot more, clearly, the buyer can actually be liable for certain taxes, etc., based on their 'gains'. Especially if they turn around and sell the house. Also, as /u/thatsthefactsjack said, this is several other kinds of stupid and very-likely illegal. ​ Disclaimer: Not A Lawyer.
|
My fiance is a probate paralegal and says she gets at least 2 of these calls a day.
| 1 | 11,615 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7amzip
|
i7bfnl5
| 1,651,674,063 | 1,651,685,583 | 2 | 3 |
In order for anyone to enter into a contract they must be of sound mind. Typically POA cannot be signed by the person experiencing Dimentia because they were NOT of sound mind so the validity of the POA needs to be argued. Also probate should sort out the Will and exactly what your mother wanted and the deed I do not believe will supersede however she is technically in Togke however Title reports will also show the estate and the estate would have to be fully settlers before your sister can do anything with the property - Cash out refi or sale - you have options but I would consult an attorney for additional information.
|
Your sister is an idiot. First off, if you sell something to someone for $1 that is worth a lot more, clearly, the buyer can actually be liable for certain taxes, etc., based on their 'gains'. Especially if they turn around and sell the house. Also, as /u/thatsthefactsjack said, this is several other kinds of stupid and very-likely illegal. ​ Disclaimer: Not A Lawyer.
| 0 | 11,520 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7bfnl5
|
i7b0ihj
| 1,651,685,583 | 1,651,679,548 | 3 | 2 |
Your sister is an idiot. First off, if you sell something to someone for $1 that is worth a lot more, clearly, the buyer can actually be liable for certain taxes, etc., based on their 'gains'. Especially if they turn around and sell the house. Also, as /u/thatsthefactsjack said, this is several other kinds of stupid and very-likely illegal. ​ Disclaimer: Not A Lawyer.
|
That's elder abuse, given your mother is not in the right state of mind at all and your sister simply took advantage of that. You need to pursue it in civil court I believe, not a lawyer. Yet I do know it is elder abuse and what your sister did is illegal.
| 1 | 6,035 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7bfnl5
|
i7ba4r3
| 1,651,685,583 | 1,651,683,438 | 3 | 2 |
Your sister is an idiot. First off, if you sell something to someone for $1 that is worth a lot more, clearly, the buyer can actually be liable for certain taxes, etc., based on their 'gains'. Especially if they turn around and sell the house. Also, as /u/thatsthefactsjack said, this is several other kinds of stupid and very-likely illegal. ​ Disclaimer: Not A Lawyer.
|
OP, get a lawyer yesterday. The lawyer will get to the bottom of what she did, why she did it, how to handle it, and if necessary, h do what she did. By having an attorney do it, it takes you out of the bad guy picture. The lawyer will be the bad guy to them. You could possibly pass this off as trying to help sis stay out of trouble for hiding assets. Suggest that you also make a list of other assets, including jewelry, cars, boats, other real estate, stocks, etc you know about. If sis and/or her kids are trying to keep her estate, they may try to sell it off while sis has POA. A lawyer will most likely ask for that stuff.
| 1 | 2,145 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7bfnl5
|
i7bc24q
| 1,651,685,583 | 1,651,684,188 | 3 | 2 |
Your sister is an idiot. First off, if you sell something to someone for $1 that is worth a lot more, clearly, the buyer can actually be liable for certain taxes, etc., based on their 'gains'. Especially if they turn around and sell the house. Also, as /u/thatsthefactsjack said, this is several other kinds of stupid and very-likely illegal. ​ Disclaimer: Not A Lawyer.
|
I see a lot of people looking at the criminality on the elder abuse side but not the tax implications. As others have said, lawyer territory, but, do you want ownership of the house? Coownership of the house as per the will, may functionally...not the best idea. Both sides got hit with inheritance tax since both took ownership of the deed. If the estate is behind on taxes and the family other member may refuse or be unable to pay, they can toss the ball in to your court to pay the taxes and keep it from getting repossessed, losing all value. You can draft A rental agreement, but are you willing to sue your sibling for non payment or draft eviction papers if they don't pay? Have you been to the house recently? If they have been there for 10 years without any real stake in ownership, make sure they didn't let it fall in to disrepair. She might have done you a favor, she probably did this trying to circumvent inheritance tax, but it doesn't work like this anymore. In NY you have to own the house for 10 years before you get it inheritance free. Even at that she's probably on the hook for gift tax. It might be an easier process to get your sibling to buy out your share of the will before the will is activated. I'd consider this route or you are going to be on the hook for paying half the taxes of a house you're not going to live in, and also probably not going to sell unless you want to kick your sister out..
| 1 | 1,395 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7am14e
|
i7akx7t
| 1,651,673,668 | 1,651,673,192 | 3 | 2 |
I am not a lawyer. But I went through this in 2018 in another state. The nursing home looks at the assets for billing. They were supposed to force the sale of the house to pay for the nursing home because of the limits of Medicare. If she owned the home, she wouldn’t be eligible for Medicaid. That’s probably why your sister did it. However, they look back 5 years, and they will see that deed exchange. It’s highly likely that the house will be required to be sold for payment and/or your sister be on the hook for the entire cost less what Medicare and any other insurance she might have. Additionally, it also depends on when the sister got the POA as to whether it was legal in the first place. If the POA was signed by your mom after she was diagnosed and showing signs of dementia, it might be claimed that she was unable to sign it due to the dementia. I would highly recommend that you speak to an attorney who specializes in estates. Your sister may think she is “saving” the home for you both, or actually trying to keep you out of the estate. But only an attorney can tell you what the laws are in your state. Please don’t wait. Good luck. It’s a very nasty disease, dementia.
|
Not a lawyer but a mandated reporter in another state. Echoing what others have said about hiring a lawyer in both NY and FL immediately, and to gather all medical records and documentation Asap. This is elder abuse, and I’m sorry that your sister is putting you and your Mom through this.
| 1 | 476 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7anv5i
|
i7akx7t
| 1,651,674,432 | 1,651,673,192 | 3 | 2 |
So many things going on here. * Your mom can't legally appoint someone POA if she's not of sound mind. * A POA can't legally make gifts while acting as POA. The house should fall into that category. * If your mom is in a nursing home, when her money runs out, social services will look into her assets for the past few years to see if any large assets left her ownership. You should talk to an attorney. None of this is legal. In NYS, there are POA laws that are very clear.
|
Not a lawyer but a mandated reporter in another state. Echoing what others have said about hiring a lawyer in both NY and FL immediately, and to gather all medical records and documentation Asap. This is elder abuse, and I’m sorry that your sister is putting you and your Mom through this.
| 1 | 1,240 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7amr5f
|
i7anv5i
| 1,651,673,968 | 1,651,674,432 | 2 | 3 |
My fiance is a probate paralegal and says she gets at least 2 of these calls a day.
|
So many things going on here. * Your mom can't legally appoint someone POA if she's not of sound mind. * A POA can't legally make gifts while acting as POA. The house should fall into that category. * If your mom is in a nursing home, when her money runs out, social services will look into her assets for the past few years to see if any large assets left her ownership. You should talk to an attorney. None of this is legal. In NYS, there are POA laws that are very clear.
| 0 | 464 | 1.5 |
uhryph
|
legaladvice_train
| 0.99 |
Mom has dementia. Sister got POA and sold moms house to herself for $1. Mothers will states it should go to the both of us. My mother has dementia (amongst other health problems) for over 5 years. She’s been living with me in NY for some time, as I was the primary caregiver. Mom has a home in Florida that my sister has been living in, along with her now adult children. It was supposed to be temporary until she got back on her feet after her divorce, but so far it’s been 9+ years. For the last 2-3 years, my mother’s health has declined to the point that she needs 24 hour care; including feeding, dressing and hygiene; along with frequent hospital visits. A few months ago my sister came down to NY to visit and while here she took mom out. Unbeknownst to me, my sister had our mom sign a Power of Attorney and sold the deed for the Florida house to herself for $1. Years before my mothers dementia, she made a will and in that will it states that upon her death the house would go to the both of us, 50% each. Mom has now been staying in a nursing home in NY for the past 2 months due to the deterioration of her health. My sister recently visited to see mom and while staying with me, I saw the signed over deed and POA paperwork she had left out. Do I have any rights to what my mothers will states, or does this deed supersede the will? I should point out that my mother would never have done this on her own volition, as I believe my sister took advantage of my mothers dementia and unfit state of mind. I’m 100% positive she didn’t know what she was signing nor would she even understand the implications. I have videos showing my mothers declined mental state before and after the signing of the deed. What are my options?
|
i7anv5i
|
i7amzip
| 1,651,674,432 | 1,651,674,063 | 3 | 2 |
So many things going on here. * Your mom can't legally appoint someone POA if she's not of sound mind. * A POA can't legally make gifts while acting as POA. The house should fall into that category. * If your mom is in a nursing home, when her money runs out, social services will look into her assets for the past few years to see if any large assets left her ownership. You should talk to an attorney. None of this is legal. In NYS, there are POA laws that are very clear.
|
In order for anyone to enter into a contract they must be of sound mind. Typically POA cannot be signed by the person experiencing Dimentia because they were NOT of sound mind so the validity of the POA needs to be argued. Also probate should sort out the Will and exactly what your mother wanted and the deed I do not believe will supersede however she is technically in Togke however Title reports will also show the estate and the estate would have to be fully settlers before your sister can do anything with the property - Cash out refi or sale - you have options but I would consult an attorney for additional information.
| 1 | 369 | 1.5 |
xra29n
|
legaladvice_train
| 0.97 |
Court order for my wife’s blood sample, is there another way? Hello everybody, this is all new to me and I have nowhere else to turn I hope somebody on here can at least point me in the right direction. On May 11, I lost my wife, 42F to a genetic heart disease her entire family did not know she had. We had two children together, 11F and 8M, and I have taken them to a pediatric cardiologist to be tested in order to make sure they don’t have the same disease. Every test says that they are healthy but the doctor informed me that the next step was to have my wife’s blood tested so that then the kids’ blood can be tested as well. I contacted the coroner‘s office and was told that since it’s for genetic testing and not to prove paternity, that I would not need a court order but instead I would need to write a formal letter to the coroner’s office. I wrote the letter asking for the sample and within a week I received a response informing me that I need a court order even though they told me I wouldn’t need one. I have no idea where to start in getting a court order, and I have no idea where to go from here. Can somebody here please help me?
|
iqfd2vf
|
iqdj2ec
| 1,664,490,749 | 1,664,464,189 | 305 | 86 |
I am not a lawyer but I work in genetic testing. You do not need to have a blood sample from your deceased wife in order to test your children for genetic disorders. Having your wife's sample *may* make testing easier and cheaper because they *may* be able to identify the specific variant she carried and only test your children for that variant, instead of performing broader testing. But it is not a necessity. I would suggest making an appointment for them specifically at a pediatric genetics clinic, or seek out a licensed genetic counselor to advise on testing. There are also forums on reddit who may be able to assist like r/clinicalgenetics or r/geneticcounseling.
|
I'm going to assume that your wife was buried, so we're talking about an exhumation. You will need to look up the formal procedures for an exhumation in your area.
| 1 | 26,560 | 3.546512 |
xra29n
|
legaladvice_train
| 0.97 |
Court order for my wife’s blood sample, is there another way? Hello everybody, this is all new to me and I have nowhere else to turn I hope somebody on here can at least point me in the right direction. On May 11, I lost my wife, 42F to a genetic heart disease her entire family did not know she had. We had two children together, 11F and 8M, and I have taken them to a pediatric cardiologist to be tested in order to make sure they don’t have the same disease. Every test says that they are healthy but the doctor informed me that the next step was to have my wife’s blood tested so that then the kids’ blood can be tested as well. I contacted the coroner‘s office and was told that since it’s for genetic testing and not to prove paternity, that I would not need a court order but instead I would need to write a formal letter to the coroner’s office. I wrote the letter asking for the sample and within a week I received a response informing me that I need a court order even though they told me I wouldn’t need one. I have no idea where to start in getting a court order, and I have no idea where to go from here. Can somebody here please help me?
|
iqf385l
|
iqfd2vf
| 1,664,486,487 | 1,664,490,749 | 36 | 305 |
First, I'm sorry for your loss. Second, I am not a lawyer and have no legal advice for you. I am a physician though, but not a cardiologist or geneticist. My first question is how does anyone know she died from a genetic heart disease if no one knew she had it? If it is genetic, someone else on her side of the family also carries it and could serve as the other person to test (her mom or dad) and then if your wife has siblings, they should also be offered testing to see if they have it. You may have already done so and not be disclosing here, but I would also meet with a genetics counselor familiar with genetic heart conditions ASAP to receive additional counseling and information. They likely can test your children without a sample from your wife depending on what they believe was the cause of death. If no genetic testing has been done yet on your children, I would start there as there are genetic panels that test for these types of conditions. Additionally, whole exome sequencing is not *that* expensive if unable to obtain a sample from your wife. I will also say a "blood sample" is likely not required. Most genetic testing is done through a cheek swab these days and can likely be obtained post-mortem as either a cheek swab or skin sample. I do not know what the coroner's office keeps, but if you do need a court order, may be best to keep broad "DNA sample" or something, not specifically a blood sample as they may not have that.
|
I am not a lawyer but I work in genetic testing. You do not need to have a blood sample from your deceased wife in order to test your children for genetic disorders. Having your wife's sample *may* make testing easier and cheaper because they *may* be able to identify the specific variant she carried and only test your children for that variant, instead of performing broader testing. But it is not a necessity. I would suggest making an appointment for them specifically at a pediatric genetics clinic, or seek out a licensed genetic counselor to advise on testing. There are also forums on reddit who may be able to assist like r/clinicalgenetics or r/geneticcounseling.
| 0 | 4,262 | 8.472222 |
ln650r
|
legaladvice_train
| 0.98 |
[CA] Applied for a job that required a background check, found out about DUI charges from 2017. I just turned 18 and don't even have a driver's license, also just applied for colleges. What should I do? Hello LA community, I kinda have a mess on my hand right now, and I really don't know what to do and who to talk to. I recently applied for a job at a warehouse that requires a background check, I sent in all the documents and they said due to a few DUI charges back in 2017 so I was rejected for "security reasons" I was shocked and don't know what to do, not because I didn't get the job or anything but about the charges. I just turned 18 in late 2020 and I don't even have a driver's license. In fact, I never step foot on US soil before 2016. I am devastated as I still a senior in high school and just applied for colleges and on the applications I specifically stated that I don't have any records. I don't know how to drive and I couldn't even commit all the DUIs and right now I don't even know what to do and who to contact. Do I need to call the police? Should I tell the colleges about this even tho I didn't commit any of the supposed charges? what should I do now?
|
gnz3x4p
|
gnz15ws
| 1,613,711,006 | 1,613,709,299 | 1,584 | 653 |
If a potential employer takes adverse action (doesn't hire you) because of information found in a background check, they have to provide you with what source they used for the background check. You can then send in a written dispute to that background check company.
|
I am not a lawyer The DUI could have come back due to a clerical error (typo in your info somewhere) Order a Lexisnexis C.L.U.E. report on yourself. If it comes back on the report and it is not your DUI, you will likely have to dispute the item. You can search how to do that. If Lexisnexis sends you papers stating that it was removed, keep a copy handy for future job searches, etc. Hope this helps.
| 1 | 1,707 | 2.425727 |
ln650r
|
legaladvice_train
| 0.98 |
[CA] Applied for a job that required a background check, found out about DUI charges from 2017. I just turned 18 and don't even have a driver's license, also just applied for colleges. What should I do? Hello LA community, I kinda have a mess on my hand right now, and I really don't know what to do and who to talk to. I recently applied for a job at a warehouse that requires a background check, I sent in all the documents and they said due to a few DUI charges back in 2017 so I was rejected for "security reasons" I was shocked and don't know what to do, not because I didn't get the job or anything but about the charges. I just turned 18 in late 2020 and I don't even have a driver's license. In fact, I never step foot on US soil before 2016. I am devastated as I still a senior in high school and just applied for colleges and on the applications I specifically stated that I don't have any records. I don't know how to drive and I couldn't even commit all the DUIs and right now I don't even know what to do and who to contact. Do I need to call the police? Should I tell the colleges about this even tho I didn't commit any of the supposed charges? what should I do now?
|
gnz0mgi
|
gnz3x4p
| 1,613,708,972 | 1,613,711,006 | 169 | 1,584 |
It sounds like either an awful error, or someone falsely using your identity. Either way, you should call up your local courthouse and ask what you need to do to get it fixed. Luckily, it's pretty clear that it wasn't you, so hopefully they can get you cleared up quickly.
|
If a potential employer takes adverse action (doesn't hire you) because of information found in a background check, they have to provide you with what source they used for the background check. You can then send in a written dispute to that background check company.
| 0 | 2,034 | 9.372781 |
ln650r
|
legaladvice_train
| 0.98 |
[CA] Applied for a job that required a background check, found out about DUI charges from 2017. I just turned 18 and don't even have a driver's license, also just applied for colleges. What should I do? Hello LA community, I kinda have a mess on my hand right now, and I really don't know what to do and who to talk to. I recently applied for a job at a warehouse that requires a background check, I sent in all the documents and they said due to a few DUI charges back in 2017 so I was rejected for "security reasons" I was shocked and don't know what to do, not because I didn't get the job or anything but about the charges. I just turned 18 in late 2020 and I don't even have a driver's license. In fact, I never step foot on US soil before 2016. I am devastated as I still a senior in high school and just applied for colleges and on the applications I specifically stated that I don't have any records. I don't know how to drive and I couldn't even commit all the DUIs and right now I don't even know what to do and who to contact. Do I need to call the police? Should I tell the colleges about this even tho I didn't commit any of the supposed charges? what should I do now?
|
gnz15ws
|
gnz0mgi
| 1,613,709,299 | 1,613,708,972 | 653 | 169 |
I am not a lawyer The DUI could have come back due to a clerical error (typo in your info somewhere) Order a Lexisnexis C.L.U.E. report on yourself. If it comes back on the report and it is not your DUI, you will likely have to dispute the item. You can search how to do that. If Lexisnexis sends you papers stating that it was removed, keep a copy handy for future job searches, etc. Hope this helps.
|
It sounds like either an awful error, or someone falsely using your identity. Either way, you should call up your local courthouse and ask what you need to do to get it fixed. Luckily, it's pretty clear that it wasn't you, so hopefully they can get you cleared up quickly.
| 1 | 327 | 3.863905 |
ln650r
|
legaladvice_train
| 0.98 |
[CA] Applied for a job that required a background check, found out about DUI charges from 2017. I just turned 18 and don't even have a driver's license, also just applied for colleges. What should I do? Hello LA community, I kinda have a mess on my hand right now, and I really don't know what to do and who to talk to. I recently applied for a job at a warehouse that requires a background check, I sent in all the documents and they said due to a few DUI charges back in 2017 so I was rejected for "security reasons" I was shocked and don't know what to do, not because I didn't get the job or anything but about the charges. I just turned 18 in late 2020 and I don't even have a driver's license. In fact, I never step foot on US soil before 2016. I am devastated as I still a senior in high school and just applied for colleges and on the applications I specifically stated that I don't have any records. I don't know how to drive and I couldn't even commit all the DUIs and right now I don't even know what to do and who to contact. Do I need to call the police? Should I tell the colleges about this even tho I didn't commit any of the supposed charges? what should I do now?
|
gnzeszb
|
gnz0mgi
| 1,613,718,887 | 1,613,708,972 | 412 | 169 |
Ask for a copy of the background report. It's probably someone with a similar/identical name, is your name common? A competent HR department would be able to see that this might be an error. Have you tried to explain it to them?
|
It sounds like either an awful error, or someone falsely using your identity. Either way, you should call up your local courthouse and ask what you need to do to get it fixed. Luckily, it's pretty clear that it wasn't you, so hopefully they can get you cleared up quickly.
| 1 | 9,915 | 2.43787 |
9qv5iz
|
legaladvice_train
| 0.85 |
I worked as unpaid intern / contractor programmer for 5 months in NYC, just found out it's not legal? First it was my friend. So I'm investigating for him. He worked as a software developer for American Express through another contracting company. He didn't get paid and worked for 5 months. He was told there was opportunity to get hire after internship. They didn't hire and he was let go few weeks ago. I have just learned that in 2015 it was made illegal to have unpaid internship. Does it still apply if you were on contract? Should he contact a lawyer? how much will it cost, and would pro bono work? Are there organizations that can help?
|
e8c0lp5
|
e8c0nss
| 1,540,343,938 | 1,540,343,994 | 4 | 13 |
I think this counts as wage theft.
|
He can file a claim with the New York State Department of Labor.
| 0 | 56 | 3.25 |
9qv5iz
|
legaladvice_train
| 0.85 |
I worked as unpaid intern / contractor programmer for 5 months in NYC, just found out it's not legal? First it was my friend. So I'm investigating for him. He worked as a software developer for American Express through another contracting company. He didn't get paid and worked for 5 months. He was told there was opportunity to get hire after internship. They didn't hire and he was let go few weeks ago. I have just learned that in 2015 it was made illegal to have unpaid internship. Does it still apply if you were on contract? Should he contact a lawyer? how much will it cost, and would pro bono work? Are there organizations that can help?
|
e8c1n4w
|
e8c0lp5
| 1,540,344,882 | 1,540,343,938 | 10 | 4 |
> Does it still apply if you were on contract? Well, yes. He obviously can't be an intern for a company whose whole purpose is to contract his services out to another company. He was scammed, pure and simple. He needs to make a wage claim right away.
|
I think this counts as wage theft.
| 1 | 944 | 2.5 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0aim2
|
ifztj6s
| 1,657,728,815 | 1,657,722,119 | 371 | 146 |
I am a lawyer, but not your lawyer, and not licensed to practice in NY State specifically so I will not advise on NY laws. If you are a tourist, and you are a resident of a different country (where presumably your home and the majority of your property is) how much stuff do you have in the apartment? If the property you left is of substantial value, you might do what the other posters are recommending and see if law enforcement will do a standby. So long as there is not a Protective Order or anything like that, you might also consider contacting her and asking her to leave the property with a mutal friend in NYC, or even the building super. Have it go through a third party so you both can avoid dealing with each other. If the property is not valuable and is something you can replace, it might be worth it just to leave it there and not hassle with this situation further. I've seen people battle over property that is worth less than the resources spent fighting over it many times. It's a trap to avoid.
|
If the local police don't help you, try your native country's embassy or consulate (whichever is closest to NYC).
| 1 | 6,696 | 2.541096 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0aim2
|
ifzsibl
| 1,657,728,815 | 1,657,721,693 | 371 | 15 |
I am a lawyer, but not your lawyer, and not licensed to practice in NY State specifically so I will not advise on NY laws. If you are a tourist, and you are a resident of a different country (where presumably your home and the majority of your property is) how much stuff do you have in the apartment? If the property you left is of substantial value, you might do what the other posters are recommending and see if law enforcement will do a standby. So long as there is not a Protective Order or anything like that, you might also consider contacting her and asking her to leave the property with a mutal friend in NYC, or even the building super. Have it go through a third party so you both can avoid dealing with each other. If the property is not valuable and is something you can replace, it might be worth it just to leave it there and not hassle with this situation further. I've seen people battle over property that is worth less than the resources spent fighting over it many times. It's a trap to avoid.
|
Call the cops they will escort you to her house to get your stuff
| 1 | 7,122 | 24.733333 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ifzsibl
|
ifztj6s
| 1,657,721,693 | 1,657,722,119 | 15 | 146 |
Call the cops they will escort you to her house to get your stuff
|
If the local police don't help you, try your native country's embassy or consulate (whichever is closest to NYC).
| 0 | 426 | 9.733333 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0brkb
|
ig0jk48
| 1,657,729,292 | 1,657,732,263 | 42 | 93 |
The legal issue here is she cannot keep you from accessing your belongings. She must allow you to get your things otherwise it is theft. You can call the police and explain that she is keeping you from accessing your belongings because that is the legal/criminal issue here. They can provide a civil standby as other commentators have noted if they are available. However, it may take a while.
|
As others have said, technically you could ask police for a civil standby, but in large metro areas, the cops aren't likely to consider it a priority. You didn't mention what country you're from, but if they have an embassy or consulate in NYC, which many countries do, they may be able to assist you in some way or help facilitate a civil standby.
| 0 | 2,971 | 2.214286 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0jk48
|
ifzsibl
| 1,657,732,263 | 1,657,721,693 | 93 | 15 |
As others have said, technically you could ask police for a civil standby, but in large metro areas, the cops aren't likely to consider it a priority. You didn't mention what country you're from, but if they have an embassy or consulate in NYC, which many countries do, they may be able to assist you in some way or help facilitate a civil standby.
|
Call the cops they will escort you to her house to get your stuff
| 1 | 10,570 | 6.2 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0brkb
|
ig0lbuj
| 1,657,729,292 | 1,657,732,946 | 42 | 69 |
The legal issue here is she cannot keep you from accessing your belongings. She must allow you to get your things otherwise it is theft. You can call the police and explain that she is keeping you from accessing your belongings because that is the legal/criminal issue here. They can provide a civil standby as other commentators have noted if they are available. However, it may take a while.
|
realistically, give her some time to calm down and then call and ask if you can pick your things up. if she's still refusing, see if the credit card you booked your trip through carries trip insurance and report your belongings stolen. you probably will still need to file a police report.
| 0 | 3,654 | 1.642857 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0lbuj
|
ifzsibl
| 1,657,732,946 | 1,657,721,693 | 69 | 15 |
realistically, give her some time to calm down and then call and ask if you can pick your things up. if she's still refusing, see if the credit card you booked your trip through carries trip insurance and report your belongings stolen. you probably will still need to file a police report.
|
Call the cops they will escort you to her house to get your stuff
| 1 | 11,253 | 4.6 |
vxztrf
|
legaladvice_train
| 0.97 |
My (27M) gf (27F) just kicked me out of her apartment in NYC, she only let me grab my passport and laptop. All my other belongings are at her place. How can I get them back? So I am a tourist here in the US. I came here to give an exam and visit my gf of 8 years. We were having a conversation about our issues, and it got heated and she kicked me out of her apartment. Its 6 am and I am sitting in the park across her place typing this. I currently do not have any place to go, as I am assuming all my friends in and around NYC are probably fast asleep right now. I want to know how I can get all my belongings. I do not want to stay in this relationship anymore. We have a very toxic relationship. Is there anyway I can go to the local precinct and have a cop accompany. I don't want to see her and deal with her blackmailing. She often threatens suicide and self harm when we fight and she's in the wrong. I just want to get out of this relationship and take my stuff.
|
ig0brkb
|
ifzsibl
| 1,657,729,292 | 1,657,721,693 | 42 | 15 |
The legal issue here is she cannot keep you from accessing your belongings. She must allow you to get your things otherwise it is theft. You can call the police and explain that she is keeping you from accessing your belongings because that is the legal/criminal issue here. They can provide a civil standby as other commentators have noted if they are available. However, it may take a while.
|
Call the cops they will escort you to her house to get your stuff
| 1 | 7,599 | 2.8 |
zysmea
|
legaladvice_train
| 0.88 |
Landlord illegally locked us out - and we just got word he took or gave away all of our posessions. All of our things, everything we had, gone. We've got nothing left. When I say we've got nothing left; I mean it: my girlfriend and I are helpless and homneless; we don't even have a car to live in. *We live in Pennsylvania, United States*. PA state law is pretty adamant that regardless of the reason why one was to get removed from their lodging, a court-filed eviction must precede any action on behalf of the landlord. Notice to quit, the time period given to make up missed rent or get out, any paperwork whatsoever was required before we were locked out of where everything we owned was kept. , We had been temporarily staying at a hotel nearby prior to this, feeling that the conditions in the rooming house were unfit due to safety concerns. (We had a door connecting our room to another tenants directly - that our landlord insisted was screwed shut, but we couldn't see a single screw, nut, bolt, lock, or anything of the kind, and things started getting out of hand: a lot of things went missing and we didn't feel safe.) We stayed in touch with him, asking him to check the situation out, explaining in long long paragraphs why and relaying our concerns. During this period, we told him we just wanted things to be safe, he did not bring up rent, or try to contact us, he did not go to the property to make sure we had a safe living condition or not. **He also did not press us for the missing rent, which was only at two weeks worth when he locked us out - and that two weeks was, all and all, covered by the two weeks security deposit we had put down. This part is what im not sure of, but basically, we had prepaid up to the day AFTER the lockout; in which he himself locked us out, not someone by from the court** He messaged me the morning before he locked us out, telling me he was doing so, and telling me we could come pick up our belongings the next day - he told us a tenant we knew who also rented from him, a convicted thief with active warrants, would be there to help - I told him we did not have anybody with a vehicle large enough to help (which was true, but I also felt somewhat outnumbered by him bringing someone who had nothing to do with our situation there) Since then, I have made increasingly frequent attempts to contact without threatening legal activity, or making any demands; about there where and when would be appropriate to collect our belongings. Met with silence, I decided to give it a few more days, until through the grapevine that the guy with the warrant was boasting of having our things, sending pictures of himself with our belongings to someone else who then told me. He said the room has been cleaned out, our things are gone, and we havent gotten a hold of the landlord at all. Everything we had was in that room. I am a tech enthusiast and I fix and upgrade computers as a side gig type thing; so there was a lot of expensive things there. We are now homeless, our savings having run out, and helpless, and hopeless. I dont even know where to start, as far as fighting this. Any advice would be welcome
|
j27r0y6
|
j27rfbg
| 1,672,381,736 | 1,672,382,003 | 17 | 349 |
Look up your local Legal Aid. They will either be able to help or point you in the right direction.
|
File a police report for all your stolen property. A "convicted thief with active warrants" living right next to you with an unlocked door. Sending pictures of himself with your belongings to someone else who then told you.(Get a screenshot or some proof)
| 0 | 267 | 20.529412 |
zysmea
|
legaladvice_train
| 0.88 |
Landlord illegally locked us out - and we just got word he took or gave away all of our posessions. All of our things, everything we had, gone. We've got nothing left. When I say we've got nothing left; I mean it: my girlfriend and I are helpless and homneless; we don't even have a car to live in. *We live in Pennsylvania, United States*. PA state law is pretty adamant that regardless of the reason why one was to get removed from their lodging, a court-filed eviction must precede any action on behalf of the landlord. Notice to quit, the time period given to make up missed rent or get out, any paperwork whatsoever was required before we were locked out of where everything we owned was kept. , We had been temporarily staying at a hotel nearby prior to this, feeling that the conditions in the rooming house were unfit due to safety concerns. (We had a door connecting our room to another tenants directly - that our landlord insisted was screwed shut, but we couldn't see a single screw, nut, bolt, lock, or anything of the kind, and things started getting out of hand: a lot of things went missing and we didn't feel safe.) We stayed in touch with him, asking him to check the situation out, explaining in long long paragraphs why and relaying our concerns. During this period, we told him we just wanted things to be safe, he did not bring up rent, or try to contact us, he did not go to the property to make sure we had a safe living condition or not. **He also did not press us for the missing rent, which was only at two weeks worth when he locked us out - and that two weeks was, all and all, covered by the two weeks security deposit we had put down. This part is what im not sure of, but basically, we had prepaid up to the day AFTER the lockout; in which he himself locked us out, not someone by from the court** He messaged me the morning before he locked us out, telling me he was doing so, and telling me we could come pick up our belongings the next day - he told us a tenant we knew who also rented from him, a convicted thief with active warrants, would be there to help - I told him we did not have anybody with a vehicle large enough to help (which was true, but I also felt somewhat outnumbered by him bringing someone who had nothing to do with our situation there) Since then, I have made increasingly frequent attempts to contact without threatening legal activity, or making any demands; about there where and when would be appropriate to collect our belongings. Met with silence, I decided to give it a few more days, until through the grapevine that the guy with the warrant was boasting of having our things, sending pictures of himself with our belongings to someone else who then told me. He said the room has been cleaned out, our things are gone, and we havent gotten a hold of the landlord at all. Everything we had was in that room. I am a tech enthusiast and I fix and upgrade computers as a side gig type thing; so there was a lot of expensive things there. We are now homeless, our savings having run out, and helpless, and hopeless. I dont even know where to start, as far as fighting this. Any advice would be welcome
|
j27u7xo
|
j27zq0c
| 1,672,383,923 | 1,672,388,036 | 33 | 173 |
Police first and then landlord-tenant attorney second. And probably the Attorney General’s office as well
|
Call the police and inform them that you have been illegally evicted. Ask for them to assist you in getting back into the property by requesting your landlord let you back in or to stand by while a locksmith you hire forces entry into the premises. Your signed lease is evidence that you are the legal tenant. Separately, you have a claim against your landlord for the sum of - all expenses accrued by you while you were illegally evicted, such as hotel costs, - the value of all property that was removed from the property, and - costs incurred to regain access to the property. For example, if you spent $2,000 in a hotel, are missing $5,000 worth of stuff in your flat, and paid a locksmith $500 to regain access, your landlord now owes you $7,500. You can sue in small claims court to recover this sum. This is done in the Magisterial District Court and can be done without a lawyer. Your case will be heard in municipal court by a single magistrate. You get a one-and-done hearing in court and a judgement will be rendered right then and there. The rules are relaxed and the proceedings are relatively informal. It's very simple. You present your case and evidence, and then your landlord presents their case and evidence. Your landlord might also file a counterclaim for overdue rent. If they do, then they also present evidence for that and then you get a chance to give a defence. The magistrate may ask questions throughout the hearing, and they will decide who owes whom and what they owe. The final judgement will be for whoever owes more to pay the difference to the other party. You can claim up to $12,000 in small claims court. Even if you think you are owed more, you can still write down "$12,000" and give up all claim to anything more than that if you want. Google Search for "(your city) pa small claims court", such as "Philadelphia PA small claims court".
| 0 | 4,113 | 5.242424 |
zysmea
|
legaladvice_train
| 0.88 |
Landlord illegally locked us out - and we just got word he took or gave away all of our posessions. All of our things, everything we had, gone. We've got nothing left. When I say we've got nothing left; I mean it: my girlfriend and I are helpless and homneless; we don't even have a car to live in. *We live in Pennsylvania, United States*. PA state law is pretty adamant that regardless of the reason why one was to get removed from their lodging, a court-filed eviction must precede any action on behalf of the landlord. Notice to quit, the time period given to make up missed rent or get out, any paperwork whatsoever was required before we were locked out of where everything we owned was kept. , We had been temporarily staying at a hotel nearby prior to this, feeling that the conditions in the rooming house were unfit due to safety concerns. (We had a door connecting our room to another tenants directly - that our landlord insisted was screwed shut, but we couldn't see a single screw, nut, bolt, lock, or anything of the kind, and things started getting out of hand: a lot of things went missing and we didn't feel safe.) We stayed in touch with him, asking him to check the situation out, explaining in long long paragraphs why and relaying our concerns. During this period, we told him we just wanted things to be safe, he did not bring up rent, or try to contact us, he did not go to the property to make sure we had a safe living condition or not. **He also did not press us for the missing rent, which was only at two weeks worth when he locked us out - and that two weeks was, all and all, covered by the two weeks security deposit we had put down. This part is what im not sure of, but basically, we had prepaid up to the day AFTER the lockout; in which he himself locked us out, not someone by from the court** He messaged me the morning before he locked us out, telling me he was doing so, and telling me we could come pick up our belongings the next day - he told us a tenant we knew who also rented from him, a convicted thief with active warrants, would be there to help - I told him we did not have anybody with a vehicle large enough to help (which was true, but I also felt somewhat outnumbered by him bringing someone who had nothing to do with our situation there) Since then, I have made increasingly frequent attempts to contact without threatening legal activity, or making any demands; about there where and when would be appropriate to collect our belongings. Met with silence, I decided to give it a few more days, until through the grapevine that the guy with the warrant was boasting of having our things, sending pictures of himself with our belongings to someone else who then told me. He said the room has been cleaned out, our things are gone, and we havent gotten a hold of the landlord at all. Everything we had was in that room. I am a tech enthusiast and I fix and upgrade computers as a side gig type thing; so there was a lot of expensive things there. We are now homeless, our savings having run out, and helpless, and hopeless. I dont even know where to start, as far as fighting this. Any advice would be welcome
|
j27zq0c
|
j27r0y6
| 1,672,388,036 | 1,672,381,736 | 173 | 17 |
Call the police and inform them that you have been illegally evicted. Ask for them to assist you in getting back into the property by requesting your landlord let you back in or to stand by while a locksmith you hire forces entry into the premises. Your signed lease is evidence that you are the legal tenant. Separately, you have a claim against your landlord for the sum of - all expenses accrued by you while you were illegally evicted, such as hotel costs, - the value of all property that was removed from the property, and - costs incurred to regain access to the property. For example, if you spent $2,000 in a hotel, are missing $5,000 worth of stuff in your flat, and paid a locksmith $500 to regain access, your landlord now owes you $7,500. You can sue in small claims court to recover this sum. This is done in the Magisterial District Court and can be done without a lawyer. Your case will be heard in municipal court by a single magistrate. You get a one-and-done hearing in court and a judgement will be rendered right then and there. The rules are relaxed and the proceedings are relatively informal. It's very simple. You present your case and evidence, and then your landlord presents their case and evidence. Your landlord might also file a counterclaim for overdue rent. If they do, then they also present evidence for that and then you get a chance to give a defence. The magistrate may ask questions throughout the hearing, and they will decide who owes whom and what they owe. The final judgement will be for whoever owes more to pay the difference to the other party. You can claim up to $12,000 in small claims court. Even if you think you are owed more, you can still write down "$12,000" and give up all claim to anything more than that if you want. Google Search for "(your city) pa small claims court", such as "Philadelphia PA small claims court".
|
Look up your local Legal Aid. They will either be able to help or point you in the right direction.
| 1 | 6,300 | 10.176471 |
zysmea
|
legaladvice_train
| 0.88 |
Landlord illegally locked us out - and we just got word he took or gave away all of our posessions. All of our things, everything we had, gone. We've got nothing left. When I say we've got nothing left; I mean it: my girlfriend and I are helpless and homneless; we don't even have a car to live in. *We live in Pennsylvania, United States*. PA state law is pretty adamant that regardless of the reason why one was to get removed from their lodging, a court-filed eviction must precede any action on behalf of the landlord. Notice to quit, the time period given to make up missed rent or get out, any paperwork whatsoever was required before we were locked out of where everything we owned was kept. , We had been temporarily staying at a hotel nearby prior to this, feeling that the conditions in the rooming house were unfit due to safety concerns. (We had a door connecting our room to another tenants directly - that our landlord insisted was screwed shut, but we couldn't see a single screw, nut, bolt, lock, or anything of the kind, and things started getting out of hand: a lot of things went missing and we didn't feel safe.) We stayed in touch with him, asking him to check the situation out, explaining in long long paragraphs why and relaying our concerns. During this period, we told him we just wanted things to be safe, he did not bring up rent, or try to contact us, he did not go to the property to make sure we had a safe living condition or not. **He also did not press us for the missing rent, which was only at two weeks worth when he locked us out - and that two weeks was, all and all, covered by the two weeks security deposit we had put down. This part is what im not sure of, but basically, we had prepaid up to the day AFTER the lockout; in which he himself locked us out, not someone by from the court** He messaged me the morning before he locked us out, telling me he was doing so, and telling me we could come pick up our belongings the next day - he told us a tenant we knew who also rented from him, a convicted thief with active warrants, would be there to help - I told him we did not have anybody with a vehicle large enough to help (which was true, but I also felt somewhat outnumbered by him bringing someone who had nothing to do with our situation there) Since then, I have made increasingly frequent attempts to contact without threatening legal activity, or making any demands; about there where and when would be appropriate to collect our belongings. Met with silence, I decided to give it a few more days, until through the grapevine that the guy with the warrant was boasting of having our things, sending pictures of himself with our belongings to someone else who then told me. He said the room has been cleaned out, our things are gone, and we havent gotten a hold of the landlord at all. Everything we had was in that room. I am a tech enthusiast and I fix and upgrade computers as a side gig type thing; so there was a lot of expensive things there. We are now homeless, our savings having run out, and helpless, and hopeless. I dont even know where to start, as far as fighting this. Any advice would be welcome
|
j27u7xo
|
j27r0y6
| 1,672,383,923 | 1,672,381,736 | 33 | 17 |
Police first and then landlord-tenant attorney second. And probably the Attorney General’s office as well
|
Look up your local Legal Aid. They will either be able to help or point you in the right direction.
| 1 | 2,187 | 1.941176 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxjoeum
|
gxjo4qt
| 1,620,600,050 | 1,620,599,900 | 150 | 24 |
That mom continued to use this card for so long with your knowledge makes this start to look like authorized use rather than the fraud it perhaps started as. It is possible that from here your remedy is to pay the card issuer and sue mom. You can, of course, involve the police. But the honest answer to questions about this starts to make fraud seem problematic.
|
When did you become aware that she had done this? If you became aware recently you can call the police, if you have known for years that's going to be more complicated.
| 1 | 150 | 6.25 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxjo6wu
|
gxjoeum
| 1,620,599,933 | 1,620,600,050 | 15 | 150 |
Your mother committed identity theft. You need to file a police report. This is the only path to removing the debt from your name.
|
That mom continued to use this card for so long with your knowledge makes this start to look like authorized use rather than the fraud it perhaps started as. It is possible that from here your remedy is to pay the card issuer and sue mom. You can, of course, involve the police. But the honest answer to questions about this starts to make fraud seem problematic.
| 0 | 117 | 10 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxjobx9
|
gxjoeum
| 1,620,600,008 | 1,620,600,050 | 2 | 150 |
I think thats fraud right there.
|
That mom continued to use this card for so long with your knowledge makes this start to look like authorized use rather than the fraud it perhaps started as. It is possible that from here your remedy is to pay the card issuer and sue mom. You can, of course, involve the police. But the honest answer to questions about this starts to make fraud seem problematic.
| 0 | 42 | 75 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxjobx9
|
gxknrin
| 1,620,600,008 | 1,620,620,741 | 2 | 3 |
I think thats fraud right there.
|
Call the credit card company and tell them you never opened or signed for anything to do with this card. Go from there.
| 0 | 20,733 | 1.5 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxn8gdp
|
gxjobx9
| 1,620,675,471 | 1,620,600,008 | 4 | 2 |
Not a lawyer but lock your credit ASAP. If she knows your info and has already taken one card out in the past, who is to say she won’t do it again now that she is mad at you
|
I think thats fraud right there.
| 1 | 75,463 | 2 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxn8gdp
|
gxknrin
| 1,620,675,471 | 1,620,620,741 | 4 | 3 |
Not a lawyer but lock your credit ASAP. If she knows your info and has already taken one card out in the past, who is to say she won’t do it again now that she is mad at you
|
Call the credit card company and tell them you never opened or signed for anything to do with this card. Go from there.
| 1 | 54,730 | 1.333333 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxn8gdp
|
gxmcwwk
| 1,620,675,471 | 1,620,662,204 | 4 | 2 |
Not a lawyer but lock your credit ASAP. If she knows your info and has already taken one card out in the past, who is to say she won’t do it again now that she is mad at you
|
How old are you/were you when it was taken out
| 1 | 13,267 | 2 |
n8pa7t
|
legaladvice_train
| 0.91 |
My mom took a credit card out in my name and is now disowning me with $5000+ of debt I am located in Utah, USA. Hello, everyone. A few years ago my mom took out an airline credit card in my name with my information because of a promotion. Over time she and my father were actually on different pages on the use of the card, which lead to my mother not realizing she needed to pay it and a hiked-up interest rate. She’s been working on getting it down and not destroying my credit, however we had a falling out recently and she has decided to disown me and cut me off from her financially. She decided to pay it off with the exception of her “support” that she has given me over the past several months. Here’s what her “support” consisted of: she agreed to pay the rent of a new apartment and paid the deposit (about two times the rent) and another month’s rent, she contributed $1600 to my fiancée’s engagement ring. These were all completely new things she did, meaning that she hadn’t done that in the past. I did not solicit her help but I wasn’t going to turn it down. This has left me (and my now wife) with around $5500 in debt with a ~23% interest rate. To clarify, I did not apply for this card. She did it without my knowledge around 3 years ago (I don’t know exactly when because she didn’t tell me about it) and she was spending money on it without my approval. Anything I can do?
|
gxn8gdp
|
gxmk63d
| 1,620,675,471 | 1,620,665,245 | 4 | 2 |
Not a lawyer but lock your credit ASAP. If she knows your info and has already taken one card out in the past, who is to say she won’t do it again now that she is mad at you
|
Just tell her you will be filing a police report and giving the authorities all the information you know about how the card was opened. Problem solved. The credit card company will wipe the slate clean and go after her for the debt or she’ll pay the shit back of of fear of going to jail and you won’t have to follow through.
| 1 | 10,226 | 2 |
d5xeux
|
legaladvice_train
| 0.88 |
Didn't slow down for a school bus with yellow lights flashing (stop sign not out) and parent followed me and took a picture of my license plate- what do I do now? Location: Maine, USA Let me just start by saying that I normally make every effort to stop for school busses- in this instance I would've had to slam my breaks and I made a judgement call to keep going because the right lights were not on nor was the stop sign out. Although I didn't think I was breaking a law at the time (and i'm still not sure if I did?), I will pay any fee that is associated with this offense in Maine. I do have a few questions, see below: \- I was driving my boyfriends car. How do I make sure this does not go under his name? \- Is there any risk at all that I will lose my license or go to jail? I am in Maine and this is my first offense of ANY kind. \- How long would it take from the moment of the parent filing this report for me to get notified of any consequences? Thanks for your help. I am in a panic.
|
f0ojfwl
|
f0oi3ig
| 1,568,812,839 | 1,568,811,746 | 224 | 92 |
Most likely that photo will just end up on some local Facebook page complaining about your driving.
|
A phone camera of a license plate is not anything. The police or in some states the bus driver need to report it (some states they even do cameras on the school buses). Regardless.... you didnt do anything wrong unless the red lights are out. They can use the yellow ones for up to a 1/4 mile or something before they even stop.
| 1 | 1,093 | 2.434783 |
d5xeux
|
legaladvice_train
| 0.88 |
Didn't slow down for a school bus with yellow lights flashing (stop sign not out) and parent followed me and took a picture of my license plate- what do I do now? Location: Maine, USA Let me just start by saying that I normally make every effort to stop for school busses- in this instance I would've had to slam my breaks and I made a judgement call to keep going because the right lights were not on nor was the stop sign out. Although I didn't think I was breaking a law at the time (and i'm still not sure if I did?), I will pay any fee that is associated with this offense in Maine. I do have a few questions, see below: \- I was driving my boyfriends car. How do I make sure this does not go under his name? \- Is there any risk at all that I will lose my license or go to jail? I am in Maine and this is my first offense of ANY kind. \- How long would it take from the moment of the parent filing this report for me to get notified of any consequences? Thanks for your help. I am in a panic.
|
f0oi00u
|
f0ojfwl
| 1,568,811,664 | 1,568,812,839 | 11 | 224 |
You're assuming something IS going to come to this. It may not. The fact that an officer didn't witness the infraction is going to make the much more difficult. They would have to rely on the woman who saw it to testify in order to bring it to trial, which they might not even be willing to go that far.
|
Most likely that photo will just end up on some local Facebook page complaining about your driving.
| 0 | 1,175 | 20.363636 |
d5xeux
|
legaladvice_train
| 0.88 |
Didn't slow down for a school bus with yellow lights flashing (stop sign not out) and parent followed me and took a picture of my license plate- what do I do now? Location: Maine, USA Let me just start by saying that I normally make every effort to stop for school busses- in this instance I would've had to slam my breaks and I made a judgement call to keep going because the right lights were not on nor was the stop sign out. Although I didn't think I was breaking a law at the time (and i'm still not sure if I did?), I will pay any fee that is associated with this offense in Maine. I do have a few questions, see below: \- I was driving my boyfriends car. How do I make sure this does not go under his name? \- Is there any risk at all that I will lose my license or go to jail? I am in Maine and this is my first offense of ANY kind. \- How long would it take from the moment of the parent filing this report for me to get notified of any consequences? Thanks for your help. I am in a panic.
|
f0ojfwl
|
f0oi1wv
| 1,568,812,839 | 1,568,811,708 | 224 | 7 |
Most likely that photo will just end up on some local Facebook page complaining about your driving.
|
You don't need to do anything, because nothing will happen. Someone wanting to have their understanding of the law applied to a random situation is not unusual. No red lights or stop sign means there was no offense, as I understand it.
| 1 | 1,131 | 32 |
d5xeux
|
legaladvice_train
| 0.88 |
Didn't slow down for a school bus with yellow lights flashing (stop sign not out) and parent followed me and took a picture of my license plate- what do I do now? Location: Maine, USA Let me just start by saying that I normally make every effort to stop for school busses- in this instance I would've had to slam my breaks and I made a judgement call to keep going because the right lights were not on nor was the stop sign out. Although I didn't think I was breaking a law at the time (and i'm still not sure if I did?), I will pay any fee that is associated with this offense in Maine. I do have a few questions, see below: \- I was driving my boyfriends car. How do I make sure this does not go under his name? \- Is there any risk at all that I will lose my license or go to jail? I am in Maine and this is my first offense of ANY kind. \- How long would it take from the moment of the parent filing this report for me to get notified of any consequences? Thanks for your help. I am in a panic.
|
f0oi3ig
|
f0oi00u
| 1,568,811,746 | 1,568,811,664 | 92 | 11 |
A phone camera of a license plate is not anything. The police or in some states the bus driver need to report it (some states they even do cameras on the school buses). Regardless.... you didnt do anything wrong unless the red lights are out. They can use the yellow ones for up to a 1/4 mile or something before they even stop.
|
You're assuming something IS going to come to this. It may not. The fact that an officer didn't witness the infraction is going to make the much more difficult. They would have to rely on the woman who saw it to testify in order to bring it to trial, which they might not even be willing to go that far.
| 1 | 82 | 8.363636 |
d5xeux
|
legaladvice_train
| 0.88 |
Didn't slow down for a school bus with yellow lights flashing (stop sign not out) and parent followed me and took a picture of my license plate- what do I do now? Location: Maine, USA Let me just start by saying that I normally make every effort to stop for school busses- in this instance I would've had to slam my breaks and I made a judgement call to keep going because the right lights were not on nor was the stop sign out. Although I didn't think I was breaking a law at the time (and i'm still not sure if I did?), I will pay any fee that is associated with this offense in Maine. I do have a few questions, see below: \- I was driving my boyfriends car. How do I make sure this does not go under his name? \- Is there any risk at all that I will lose my license or go to jail? I am in Maine and this is my first offense of ANY kind. \- How long would it take from the moment of the parent filing this report for me to get notified of any consequences? Thanks for your help. I am in a panic.
|
f0oi3ig
|
f0oi1wv
| 1,568,811,746 | 1,568,811,708 | 92 | 7 |
A phone camera of a license plate is not anything. The police or in some states the bus driver need to report it (some states they even do cameras on the school buses). Regardless.... you didnt do anything wrong unless the red lights are out. They can use the yellow ones for up to a 1/4 mile or something before they even stop.
|
You don't need to do anything, because nothing will happen. Someone wanting to have their understanding of the law applied to a random situation is not unusual. No red lights or stop sign means there was no offense, as I understand it.
| 1 | 38 | 13.142857 |
xghujo
|
legaladvice_train
| 0.96 |
Dog died under care of negligent dog walker Our young (1yr 9 month old) dog whilst under the care of a dog walker. He was fully insured, DBS checked and we had a signed contract. The negligence came in three forms; firstly, he was walking her off lead very close to a 40mph road and at the same time has admitted he was not watching her (we have evidence to back both these statements). Secondly he did not inform us she was missing for well over 2 hours. Thirdly he left her there missing to go and drop off other dogs and continue to walk another, therefore continuing his dog walking business whilst she was lost. What is our best course of legal action here? Thank you in advance.
|
iosi3gr
|
ios5013
| 1,663,419,333 | 1,663,410,849 | 375 | 176 |
I see you've already posted in r/LegalAdviceUK. The advice you get there will likely be more pertinent and valid - advice here is primarily US focused with some Canada, and it's unclear any of the previous responses were based on UK law.
|
The issue is dogs usually aren’t worth much You can sue for the actual dollar value of the dog and any medical bills In small claims court because no lawyer will assist with this
| 1 | 8,484 | 2.130682 |
xghujo
|
legaladvice_train
| 0.96 |
Dog died under care of negligent dog walker Our young (1yr 9 month old) dog whilst under the care of a dog walker. He was fully insured, DBS checked and we had a signed contract. The negligence came in three forms; firstly, he was walking her off lead very close to a 40mph road and at the same time has admitted he was not watching her (we have evidence to back both these statements). Secondly he did not inform us she was missing for well over 2 hours. Thirdly he left her there missing to go and drop off other dogs and continue to walk another, therefore continuing his dog walking business whilst she was lost. What is our best course of legal action here? Thank you in advance.
|
ios0h6g
|
iosi3gr
| 1,663,407,336 | 1,663,419,333 | 133 | 375 |
You can sue for the value of the dog
|
I see you've already posted in r/LegalAdviceUK. The advice you get there will likely be more pertinent and valid - advice here is primarily US focused with some Canada, and it's unclear any of the previous responses were based on UK law.
| 0 | 11,997 | 2.819549 |
xghujo
|
legaladvice_train
| 0.96 |
Dog died under care of negligent dog walker Our young (1yr 9 month old) dog whilst under the care of a dog walker. He was fully insured, DBS checked and we had a signed contract. The negligence came in three forms; firstly, he was walking her off lead very close to a 40mph road and at the same time has admitted he was not watching her (we have evidence to back both these statements). Secondly he did not inform us she was missing for well over 2 hours. Thirdly he left her there missing to go and drop off other dogs and continue to walk another, therefore continuing his dog walking business whilst she was lost. What is our best course of legal action here? Thank you in advance.
|
iosi3gr
|
iosi3ci
| 1,663,419,333 | 1,663,419,331 | 375 | 18 |
I see you've already posted in r/LegalAdviceUK. The advice you get there will likely be more pertinent and valid - advice here is primarily US focused with some Canada, and it's unclear any of the previous responses were based on UK law.
|
If you say DBS checked, are you based in the UK? If so, you might want to ask over on /r/legaladviceuk.
| 1 | 2 | 20.833333 |
xghujo
|
legaladvice_train
| 0.96 |
Dog died under care of negligent dog walker Our young (1yr 9 month old) dog whilst under the care of a dog walker. He was fully insured, DBS checked and we had a signed contract. The negligence came in three forms; firstly, he was walking her off lead very close to a 40mph road and at the same time has admitted he was not watching her (we have evidence to back both these statements). Secondly he did not inform us she was missing for well over 2 hours. Thirdly he left her there missing to go and drop off other dogs and continue to walk another, therefore continuing his dog walking business whilst she was lost. What is our best course of legal action here? Thank you in advance.
|
ios5013
|
ios0h6g
| 1,663,410,849 | 1,663,407,336 | 176 | 133 |
The issue is dogs usually aren’t worth much You can sue for the actual dollar value of the dog and any medical bills In small claims court because no lawyer will assist with this
|
You can sue for the value of the dog
| 1 | 3,513 | 1.323308 |
xghujo
|
legaladvice_train
| 0.96 |
Dog died under care of negligent dog walker Our young (1yr 9 month old) dog whilst under the care of a dog walker. He was fully insured, DBS checked and we had a signed contract. The negligence came in three forms; firstly, he was walking her off lead very close to a 40mph road and at the same time has admitted he was not watching her (we have evidence to back both these statements). Secondly he did not inform us she was missing for well over 2 hours. Thirdly he left her there missing to go and drop off other dogs and continue to walk another, therefore continuing his dog walking business whilst she was lost. What is our best course of legal action here? Thank you in advance.
|
iot06yc
|
iosi3ci
| 1,663,427,786 | 1,663,419,331 | 69 | 18 |
Along with the advise of the other commenters, I would leave reviews detailing what happened to your dog to warn others. I would only state the facts which obviously puts the dog walker in a negative light. As long as it's factual, hopefully this won't happen to someone else. From your post, it sounds like dog walker was more than negligent. He didn't have the decency to tell you as soon as it happened. Had he told you ASAP, the outcome may have been different. I'm so sorry for your loss!
|
If you say DBS checked, are you based in the UK? If so, you might want to ask over on /r/legaladviceuk.
| 1 | 8,455 | 3.833333 |
7jm18f
|
legaladvice_train
| 0.95 |
Can my employer cancel peoples vacation if they don’t give proof that they are flying? Can they even ask us proof of flights on our previously approved time off? (Work in California for a privately owned company) My employer announced a company shutdown for the holidays in late August. They said that we have to use our accumulated vacation time to cover the shutdown and for those who don’t have enough vacation time accumulated it will be non paid. For me it would be non paid, sucked but I get it, they can do that. Given it was a forced shutdown during the holidays, most people made plans. Many flying out, and me due to not getting paid decided to drive 7 hrs to spend the holidays with family. Now, 2 weeks prior to the shutdown the company decided not to do the shutdown. The owners had a meeting with the managers and told them we all have to come in to work. People who have booked flight need to provide proof of the flights with the destination and people with no flights have to come in. If many people were flying, they would reimburse people for cancelations. I was told I have to come in, even though my family made plans. Had I booked a flight would my employer be allowed to see how much we all paid and where were we’re going to determine who they would reimburse?? I’m all just feels wrong... I thought an employer wasn’t allowed to get personal information on what people are doing on there time off??
|
dr80xsw
|
dr80uun
| 1,513,221,496 | 1,513,221,398 | 12 | 6 |
Practical advice: Book a refundable flight. They are super expensive. Print out the itinerary, show it to your employer. Let them verify it with the airline if they want. Then cancel it and get your money back.
|
You could book a flight with a refundable fare, show it to your bosses, and cancel it afterward.
| 1 | 98 | 2 |
t3pa0u
|
legaladvice_train
| 0.98 |
Mother was served divorce papers from a person in another state that she has never heard of, little less was married to. As the title explains my mother was sent certified mail from a clerk in Indiana to her home in Kentucky. Inside were papers about her attending a hearing because a man in Indiana has filed for divorce from her. The catch is that my mom is a widow and hasn't ever heard of this person before. Should my mom just disregard this or is there a proper course of action that she should take? Is it as simple as calling the clerks office in Indiana and telling them that she has no idea what's going on but she's not the person they're searching for? Thanks in advance
|
hytpmy1
|
hytozqg
| 1,646,081,071 | 1,646,080,821 | 265 | 185 |
> Should my mom just disregard this No. The filing is likely invalid, but the courts won't guess, and I don't imagine her "husband" is about to say "whups my bad" voluntarily. She should have a lawyer in Indiana file a response and a motion to dismiss. A motion for fees may also be appropriate, though this kind of routine "this case has no merit for trivial factual reasons" procedural response is _relatively_ inexpensive in most cases. The clerk can't withdraw the petition, unfortunately. However, it may be worth looking up the court's phone number on its website and calling the clerk to confirm that the divorce was actually filed before spending money responding to it.
|
I would look up the clerks office online, don't use numbers from the letter, and call to inquire. Could be a case of mistaken identity, or some sort of scam, never can be too careful.
| 1 | 250 | 1.432432 |
6hubh7
|
legaladvice_train
| 0.93 |
Trying to prove that my neighbor is interfering with the sale of my home. Location: Minnesota I posted a question earlier asking how to stop a neighbor from scaring away potential home buyers. In short, my neighbor wants me to sell my house to a friend of his at well below market value. He has threatened to approach other potential buyers and turn them away. You can see the previous thread here: https://www.reddit.com/r/legaladvice/comments/6gz7e6/my_neighbor_wants_me_to_sell_my_house_to_his/ The thread was locked, but the two suggestions in that stood out were proving “tortious interference” or simply having a real estate attorney send him a cease and desist letter. I've purchased a recording device and now I just need to find out what information I need to record. What I gather so far is I need to prove: 1. Intent to acquire the property for a friend. 2. Intent to harass or otherwise influence other potential buyers. But it raises so many other questions: Do I need to prove that he intends to acquire it for his friend at an unreasonable price? Do I need to prove that he is lying to other potential buyers? Do I need to prove that he is financially benefiting from the deal with his friend? I know that Minnesota is a one-party state for audio recordings, but if I go into a conversation with the intent to record it is it admissible as evidence? In Minnesota can I also record phone conversations? Am I allowed to contact previous owners of the home and ask he's he's tried this with them? Am I allowed to warn other neighbors that he's doing this? If I fail to prove tortious interference and just have a cease and desist sent does it have any teeth? To answer some questions from the previous thread: **Do you have any interest in physically harming your neighbor?** -No. Absolutely not. Please do not suggest violence as a course of action. That is why the other thread was locked. I just want him to leave me alone so I can sell my house and move on with my life. **Can't you just show the house when he's not around?** -Unfortunately no. He doesn't work and his wife does all the shopping. He basically never leaves his house. **What if everything he says is true?** -It doesn't matter if he lies, tells the truth, or simply speaks gibberish. Even if he merely presents himself as an undesirable neighbor it could influence potential buyers. It's worth noting that when he isn't trying to scam you out of thousands of dollars he's a really great neighbor. **What more can you tell us about you neighbor, your house, or the lower offer?** -I don't want to put any information here that could be used to identify myself or my neighbor. I can say that the offer was about 25% less than the estimated value of my house on Zillow. Thanks in advance for any advice.
|
dj17rlx
|
dj15dc2
| 1,497,720,609 | 1,497,717,341 | 168 | 23 |
>I can say that the offer was about 25% less than the estimated value of my house on Zillow. Zillow is about as good as my mother at estimating the value of a house. What does your real estate agent think of their offer? Does your real estate agent think you can get a better offer? If so, then what have you got to lose by letting your real estate agent list your house (you could keep the other offer off their plate if you haven't signed with them yet).
|
> I know that Minnesota is a one-party state for audio recordings, but if I go into a conversation with the intent to record it is it admissible as evidence? In Minnesota can I also record phone conversations? Intent is irrelevant, as is the fact that it's a phone conversation versus an in-person conversation. All that's relevant is that you are recording a conversation **you participate in**. You cannot record a conversation between your neighbor and someone else, unless the neighbor or that someone else consents. > If I fail to prove tortious interference and just have a cease and desist sent does it have any teeth? A cease and desist has no teeth. It's just a letter. In general, your neighbor telling the truth about you or your property would not rise the the level of tortious interference. Providing his opinions might, especially if those opinions are difficult to defend. Lying very clearly would. If you feel the need to go this route, you need to hire a local attorney to help you navigate what you may need. Additionally, while a cease and desist holds no weight on its own, it's often a good idea as precursor for an eventual lawsuit.
| 1 | 3,268 | 7.304348 |
6hubh7
|
legaladvice_train
| 0.93 |
Trying to prove that my neighbor is interfering with the sale of my home. Location: Minnesota I posted a question earlier asking how to stop a neighbor from scaring away potential home buyers. In short, my neighbor wants me to sell my house to a friend of his at well below market value. He has threatened to approach other potential buyers and turn them away. You can see the previous thread here: https://www.reddit.com/r/legaladvice/comments/6gz7e6/my_neighbor_wants_me_to_sell_my_house_to_his/ The thread was locked, but the two suggestions in that stood out were proving “tortious interference” or simply having a real estate attorney send him a cease and desist letter. I've purchased a recording device and now I just need to find out what information I need to record. What I gather so far is I need to prove: 1. Intent to acquire the property for a friend. 2. Intent to harass or otherwise influence other potential buyers. But it raises so many other questions: Do I need to prove that he intends to acquire it for his friend at an unreasonable price? Do I need to prove that he is lying to other potential buyers? Do I need to prove that he is financially benefiting from the deal with his friend? I know that Minnesota is a one-party state for audio recordings, but if I go into a conversation with the intent to record it is it admissible as evidence? In Minnesota can I also record phone conversations? Am I allowed to contact previous owners of the home and ask he's he's tried this with them? Am I allowed to warn other neighbors that he's doing this? If I fail to prove tortious interference and just have a cease and desist sent does it have any teeth? To answer some questions from the previous thread: **Do you have any interest in physically harming your neighbor?** -No. Absolutely not. Please do not suggest violence as a course of action. That is why the other thread was locked. I just want him to leave me alone so I can sell my house and move on with my life. **Can't you just show the house when he's not around?** -Unfortunately no. He doesn't work and his wife does all the shopping. He basically never leaves his house. **What if everything he says is true?** -It doesn't matter if he lies, tells the truth, or simply speaks gibberish. Even if he merely presents himself as an undesirable neighbor it could influence potential buyers. It's worth noting that when he isn't trying to scam you out of thousands of dollars he's a really great neighbor. **What more can you tell us about you neighbor, your house, or the lower offer?** -I don't want to put any information here that could be used to identify myself or my neighbor. I can say that the offer was about 25% less than the estimated value of my house on Zillow. Thanks in advance for any advice.
|
dj17rlx
|
dj15nfa
| 1,497,720,609 | 1,497,717,728 | 168 | 18 |
>I can say that the offer was about 25% less than the estimated value of my house on Zillow. Zillow is about as good as my mother at estimating the value of a house. What does your real estate agent think of their offer? Does your real estate agent think you can get a better offer? If so, then what have you got to lose by letting your real estate agent list your house (you could keep the other offer off their plate if you haven't signed with them yet).
|
Yes, you can record phone conversations, and conversations where you literally are starting them with the purpose of recording. I would ask a lawyer about whether a C&D has teeth without tortious interference. Remember - you don't necessarily have to prove it enough to win, you have to have enough that he starts to worry that you might win.
| 1 | 2,881 | 9.333333 |
6hubh7
|
legaladvice_train
| 0.93 |
Trying to prove that my neighbor is interfering with the sale of my home. Location: Minnesota I posted a question earlier asking how to stop a neighbor from scaring away potential home buyers. In short, my neighbor wants me to sell my house to a friend of his at well below market value. He has threatened to approach other potential buyers and turn them away. You can see the previous thread here: https://www.reddit.com/r/legaladvice/comments/6gz7e6/my_neighbor_wants_me_to_sell_my_house_to_his/ The thread was locked, but the two suggestions in that stood out were proving “tortious interference” or simply having a real estate attorney send him a cease and desist letter. I've purchased a recording device and now I just need to find out what information I need to record. What I gather so far is I need to prove: 1. Intent to acquire the property for a friend. 2. Intent to harass or otherwise influence other potential buyers. But it raises so many other questions: Do I need to prove that he intends to acquire it for his friend at an unreasonable price? Do I need to prove that he is lying to other potential buyers? Do I need to prove that he is financially benefiting from the deal with his friend? I know that Minnesota is a one-party state for audio recordings, but if I go into a conversation with the intent to record it is it admissible as evidence? In Minnesota can I also record phone conversations? Am I allowed to contact previous owners of the home and ask he's he's tried this with them? Am I allowed to warn other neighbors that he's doing this? If I fail to prove tortious interference and just have a cease and desist sent does it have any teeth? To answer some questions from the previous thread: **Do you have any interest in physically harming your neighbor?** -No. Absolutely not. Please do not suggest violence as a course of action. That is why the other thread was locked. I just want him to leave me alone so I can sell my house and move on with my life. **Can't you just show the house when he's not around?** -Unfortunately no. He doesn't work and his wife does all the shopping. He basically never leaves his house. **What if everything he says is true?** -It doesn't matter if he lies, tells the truth, or simply speaks gibberish. Even if he merely presents himself as an undesirable neighbor it could influence potential buyers. It's worth noting that when he isn't trying to scam you out of thousands of dollars he's a really great neighbor. **What more can you tell us about you neighbor, your house, or the lower offer?** -I don't want to put any information here that could be used to identify myself or my neighbor. I can say that the offer was about 25% less than the estimated value of my house on Zillow. Thanks in advance for any advice.
|
dj1ehg4
|
dj15dc2
| 1,497,729,774 | 1,497,717,341 | 90 | 23 |
I remember your original thread and it was mentioned that you should ask a friend to act as a potential buyer. Is there a problem with that idea? If the mouse takes the bait you have more evidence.
|
> I know that Minnesota is a one-party state for audio recordings, but if I go into a conversation with the intent to record it is it admissible as evidence? In Minnesota can I also record phone conversations? Intent is irrelevant, as is the fact that it's a phone conversation versus an in-person conversation. All that's relevant is that you are recording a conversation **you participate in**. You cannot record a conversation between your neighbor and someone else, unless the neighbor or that someone else consents. > If I fail to prove tortious interference and just have a cease and desist sent does it have any teeth? A cease and desist has no teeth. It's just a letter. In general, your neighbor telling the truth about you or your property would not rise the the level of tortious interference. Providing his opinions might, especially if those opinions are difficult to defend. Lying very clearly would. If you feel the need to go this route, you need to hire a local attorney to help you navigate what you may need. Additionally, while a cease and desist holds no weight on its own, it's often a good idea as precursor for an eventual lawsuit.
| 1 | 12,433 | 3.913043 |
6hubh7
|
legaladvice_train
| 0.93 |
Trying to prove that my neighbor is interfering with the sale of my home. Location: Minnesota I posted a question earlier asking how to stop a neighbor from scaring away potential home buyers. In short, my neighbor wants me to sell my house to a friend of his at well below market value. He has threatened to approach other potential buyers and turn them away. You can see the previous thread here: https://www.reddit.com/r/legaladvice/comments/6gz7e6/my_neighbor_wants_me_to_sell_my_house_to_his/ The thread was locked, but the two suggestions in that stood out were proving “tortious interference” or simply having a real estate attorney send him a cease and desist letter. I've purchased a recording device and now I just need to find out what information I need to record. What I gather so far is I need to prove: 1. Intent to acquire the property for a friend. 2. Intent to harass or otherwise influence other potential buyers. But it raises so many other questions: Do I need to prove that he intends to acquire it for his friend at an unreasonable price? Do I need to prove that he is lying to other potential buyers? Do I need to prove that he is financially benefiting from the deal with his friend? I know that Minnesota is a one-party state for audio recordings, but if I go into a conversation with the intent to record it is it admissible as evidence? In Minnesota can I also record phone conversations? Am I allowed to contact previous owners of the home and ask he's he's tried this with them? Am I allowed to warn other neighbors that he's doing this? If I fail to prove tortious interference and just have a cease and desist sent does it have any teeth? To answer some questions from the previous thread: **Do you have any interest in physically harming your neighbor?** -No. Absolutely not. Please do not suggest violence as a course of action. That is why the other thread was locked. I just want him to leave me alone so I can sell my house and move on with my life. **Can't you just show the house when he's not around?** -Unfortunately no. He doesn't work and his wife does all the shopping. He basically never leaves his house. **What if everything he says is true?** -It doesn't matter if he lies, tells the truth, or simply speaks gibberish. Even if he merely presents himself as an undesirable neighbor it could influence potential buyers. It's worth noting that when he isn't trying to scam you out of thousands of dollars he's a really great neighbor. **What more can you tell us about you neighbor, your house, or the lower offer?** -I don't want to put any information here that could be used to identify myself or my neighbor. I can say that the offer was about 25% less than the estimated value of my house on Zillow. Thanks in advance for any advice.
|
dj15nfa
|
dj1ehg4
| 1,497,717,728 | 1,497,729,774 | 18 | 90 |
Yes, you can record phone conversations, and conversations where you literally are starting them with the purpose of recording. I would ask a lawyer about whether a C&D has teeth without tortious interference. Remember - you don't necessarily have to prove it enough to win, you have to have enough that he starts to worry that you might win.
|
I remember your original thread and it was mentioned that you should ask a friend to act as a potential buyer. Is there a problem with that idea? If the mouse takes the bait you have more evidence.
| 0 | 12,046 | 5 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d207xze
|
d206n4n
| 1,460,490,247 | 1,460,488,575 | 123 | 65 |
DIY property law is a tailor made recipe for a disaster. If you can get the neighbor to up their purchase offer such that it offsets the cost of hiring an attorney to make sure your rights are protected, you should consider it. Don't do this kind of thing on the cheap. It isn't worth it, and will likely end in a very bad situation. There are many posts on this subreddit which all follow the same outline: 1) Poster tried to do something on the cheap without a lawyer to save money, 2) things are now totally Effed up, 3) Poster will have to spend 10-100X more money to un-fuck the situation than it would have cost to just hire a lawyer in the first place, 4) tears and bitterness. Don't be that guy.
|
First, you should have legal representation in any real estate transaction with an attorney to protect your rights. I can't give you specific advice but a quitclaim deed gives up all the rights someone has to something and it's usually used when they aren't really sure if they have any rights at all. You're selling something, with a quitclaim deed. How much is he paying you? An easement is a funny property right that would gives you access to a driveway just like if you owned it. It's a property right that no one can take away unless they buy it from you or something. You can buy and sell easements just like anything. How much would you be willing to spend to buy an easement over a driveway?
| 1 | 1,672 | 1.892308 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d207xze
|
d206klk
| 1,460,490,247 | 1,460,488,487 | 123 | 38 |
DIY property law is a tailor made recipe for a disaster. If you can get the neighbor to up their purchase offer such that it offsets the cost of hiring an attorney to make sure your rights are protected, you should consider it. Don't do this kind of thing on the cheap. It isn't worth it, and will likely end in a very bad situation. There are many posts on this subreddit which all follow the same outline: 1) Poster tried to do something on the cheap without a lawyer to save money, 2) things are now totally Effed up, 3) Poster will have to spend 10-100X more money to un-fuck the situation than it would have cost to just hire a lawyer in the first place, 4) tears and bitterness. Don't be that guy.
|
Their attorney works for them. You need to talk to a real estate attorney that works for you. There are many risks in this scenario and you have to make sure your bases are covered.
| 1 | 1,760 | 3.236842 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d207xze
|
d20787j
| 1,460,490,247 | 1,460,489,329 | 123 | 37 |
DIY property law is a tailor made recipe for a disaster. If you can get the neighbor to up their purchase offer such that it offsets the cost of hiring an attorney to make sure your rights are protected, you should consider it. Don't do this kind of thing on the cheap. It isn't worth it, and will likely end in a very bad situation. There are many posts on this subreddit which all follow the same outline: 1) Poster tried to do something on the cheap without a lawyer to save money, 2) things are now totally Effed up, 3) Poster will have to spend 10-100X more money to un-fuck the situation than it would have cost to just hire a lawyer in the first place, 4) tears and bitterness. Don't be that guy.
|
If you have a mortgage, then you probably have loan covenants that would prevent this. You should check.
| 1 | 918 | 3.324324 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d206n4n
|
d206klk
| 1,460,488,575 | 1,460,488,487 | 65 | 38 |
First, you should have legal representation in any real estate transaction with an attorney to protect your rights. I can't give you specific advice but a quitclaim deed gives up all the rights someone has to something and it's usually used when they aren't really sure if they have any rights at all. You're selling something, with a quitclaim deed. How much is he paying you? An easement is a funny property right that would gives you access to a driveway just like if you owned it. It's a property right that no one can take away unless they buy it from you or something. You can buy and sell easements just like anything. How much would you be willing to spend to buy an easement over a driveway?
|
Their attorney works for them. You need to talk to a real estate attorney that works for you. There are many risks in this scenario and you have to make sure your bases are covered.
| 1 | 88 | 1.710526 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20ccyk
|
d20a0a3
| 1,460,495,965 | 1,460,492,887 | 26 | 13 |
If you do pursue this, you'll need to hire a real estate attorney and a land surveyor. Do not proceed without a surveyor's map. You need to see the property lines, where the driveway's are located, where the houses are at and what the dimensions are of your existing property and where they propose to draw the new property line at. You also need to consider where your utilities are located at...water meters, sanitary sewer laterals or septic, electric, phone, gas lines, etc. This is not the type of thing that you draw up on the back of a napkin or trust that the neighbor has your best interest in mind. I say this as a Land Survey in the NW who has seen my fair share of these types of situations that don't always end well for one of the parties. Also, if you have a mortgage your bank is going to have to sign off on all of this before any conveyance can occur and they will have to modify their deed of trust, which can be a royal pain in the ass.
|
NO. Do not redraw plots. Not your problem. This will be a ton of legal fees for you, and if it's screwed up it could block you from selling your house.
| 1 | 3,078 | 2 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d209ecj
|
d20ccyk
| 1,460,492,131 | 1,460,495,965 | 6 | 26 |
Why do they need the 80 feet of roadside property?
|
If you do pursue this, you'll need to hire a real estate attorney and a land surveyor. Do not proceed without a surveyor's map. You need to see the property lines, where the driveway's are located, where the houses are at and what the dimensions are of your existing property and where they propose to draw the new property line at. You also need to consider where your utilities are located at...water meters, sanitary sewer laterals or septic, electric, phone, gas lines, etc. This is not the type of thing that you draw up on the back of a napkin or trust that the neighbor has your best interest in mind. I say this as a Land Survey in the NW who has seen my fair share of these types of situations that don't always end well for one of the parties. Also, if you have a mortgage your bank is going to have to sign off on all of this before any conveyance can occur and they will have to modify their deed of trust, which can be a royal pain in the ass.
| 0 | 3,834 | 4.333333 |
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