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sgz77q
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
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The biggest thing (besides me not being a lawyer) would be what was in the children's best interest - as far as the court is concerned. So for instance. If the children were seeing the grandparents regularly and had a positive relationship with said grandparents then that is taken into consideration. If the grandparent have seen them a handful of times and the kids don't know these people then the same is usually taken into consideration. If you don't want them to have a relationship with the kids then you'll need to start building a case against them in regards to why it's not in the children's best interest. For instance if the grandparents knew about the abuse and covered it up this would not be in the children's best interest to force visitation. Keep any evidence of them knowingly trying to hamper the investigation into the father's acts (i.e. removing the computer knowing it was subject to seizure). Now with that said if the grandparents are in another state, comes the while issue of you shipping these kids to a state in which they are not from for visiting. Usually these laws are where the child(ren) are seeing a grandparent (s) on a regular basis and have an existing relationship with the grandparent and the law is for the child(ren) not the grandparents. Adults usually then manipulate said laws for the benefits and use the children as pawns which is exactly what these laws were hoping to avoid in the first place. Do the grandparents often visit the kids in Texas - that would be the first prong in figuring out if Texas should be granting them visitation. Edit: re-read your post and see they visit once a year. It will be a rough sell to a judge to force visitation to a person in which they have less of a relationship with than a neighbor. Hopefully they texted the question on how old they were because that's proof that they don't have the children's best interest at heart.
I would really pursue the FBI contact about the laptop going across state lines. If they are willing to commit a Federal offense by tampering with evidence in a child sex crime investigation then you REALLY don't want them getting any sort of visitation granted at all. They should be investigated and charged. If you have their admitting to doing it in an email or text, back it up offline and give it to the FBI.
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sgz77q
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
huzej1b
hv0scml
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No. I would highly suggest you get sole and legal custody of your children even if your ex is in prison. I would completely cut his family off at this point. Feel for you guys.
I would really pursue the FBI contact about the laptop going across state lines. If they are willing to commit a Federal offense by tampering with evidence in a child sex crime investigation then you REALLY don't want them getting any sort of visitation granted at all. They should be investigated and charged. If you have their admitting to doing it in an email or text, back it up offline and give it to the FBI.
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sgz77q
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
hv0scml
huzm84y
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I would really pursue the FBI contact about the laptop going across state lines. If they are willing to commit a Federal offense by tampering with evidence in a child sex crime investigation then you REALLY don't want them getting any sort of visitation granted at all. They should be investigated and charged. If you have their admitting to doing it in an email or text, back it up offline and give it to the FBI.
Texas is one of the friendliest states for grandparents rights. They've granted them when other states would not. I'd get a lawyer. I'd also consider leaving Texas. If your ex's rights are being terminated, there's a chance they could successfully pursue their own.
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sgz77q
legaladvice_train
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
hv0scml
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I would really pursue the FBI contact about the laptop going across state lines. If they are willing to commit a Federal offense by tampering with evidence in a child sex crime investigation then you REALLY don't want them getting any sort of visitation granted at all. They should be investigated and charged. If you have their admitting to doing it in an email or text, back it up offline and give it to the FBI.
“In Texas, a court can authorize grandparent visitation of a grandchild if visitation is in the child's best interest, and one of the following circumstances exists: The parents divorced; The parent abused or neglected the child; ... The child has lived with the grandparent for at least six months.” I think trying to cover up the crime by the father on the child will result in them not getting any rights but inal. You need to talk to an attorney asap.
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sgz77q
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
hv0scml
hv0lfhb
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I would really pursue the FBI contact about the laptop going across state lines. If they are willing to commit a Federal offense by tampering with evidence in a child sex crime investigation then you REALLY don't want them getting any sort of visitation granted at all. They should be investigated and charged. If you have their admitting to doing it in an email or text, back it up offline and give it to the FBI.
Wanted to follow on to u/vetratten below - regarding if grandparents rights are harmful to the children there are two things that stick out to me should they sue for rights: A) Grandparents did not sue for grandparents rights based on any concern other than notification to the police of their complicity in hiding evidence. Their suit is about threatening you to further protect their son - NOT emptional connection or whatever TX bases their considerations on. AND B). It is completely germane to any kind of hearing that insisting on any vistation being surpervised is justified for the following reason: IT IS EXTREMELY HARMFUL to your child if these grandparents try to play down what their father did. And they will - even if by accident they will always make excuses for their child. And your child NEEDS to KNOW that this was not a misunderstanding or blown out of proportion and it was not their fault and anything that could pierce that protective narrative is unacceptable.
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sgz77q
legaladvice_train
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
hv0scml
hv0rkyk
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I would really pursue the FBI contact about the laptop going across state lines. If they are willing to commit a Federal offense by tampering with evidence in a child sex crime investigation then you REALLY don't want them getting any sort of visitation granted at all. They should be investigated and charged. If you have their admitting to doing it in an email or text, back it up offline and give it to the FBI.
Please fing a good therapist for your daughter. Her talking can help her. She can express how she feels. Also if it comes to court she can have her own court appointed attorney to advicate on her behalf. In the end its all about her rights and feelings so make sure she is heard.
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sgz77q
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
huzej1b
huzekr2
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No. I would highly suggest you get sole and legal custody of your children even if your ex is in prison. I would completely cut his family off at this point. Feel for you guys.
TX does list the parent being incarcerated as one of the circumstances that can trigger court-ordered visitation. It's no sure thing, but it won't be thrown out on it's face.
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sgz77q
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
huzej1b
huzh4j8
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No. I would highly suggest you get sole and legal custody of your children even if your ex is in prison. I would completely cut his family off at this point. Feel for you guys.
The biggest thing (besides me not being a lawyer) would be what was in the children's best interest - as far as the court is concerned. So for instance. If the children were seeing the grandparents regularly and had a positive relationship with said grandparents then that is taken into consideration. If the grandparent have seen them a handful of times and the kids don't know these people then the same is usually taken into consideration. If you don't want them to have a relationship with the kids then you'll need to start building a case against them in regards to why it's not in the children's best interest. For instance if the grandparents knew about the abuse and covered it up this would not be in the children's best interest to force visitation. Keep any evidence of them knowingly trying to hamper the investigation into the father's acts (i.e. removing the computer knowing it was subject to seizure). Now with that said if the grandparents are in another state, comes the while issue of you shipping these kids to a state in which they are not from for visiting. Usually these laws are where the child(ren) are seeing a grandparent (s) on a regular basis and have an existing relationship with the grandparent and the law is for the child(ren) not the grandparents. Adults usually then manipulate said laws for the benefits and use the children as pawns which is exactly what these laws were hoping to avoid in the first place. Do the grandparents often visit the kids in Texas - that would be the first prong in figuring out if Texas should be granting them visitation. Edit: re-read your post and see they visit once a year. It will be a rough sell to a judge to force visitation to a person in which they have less of a relationship with than a neighbor. Hopefully they texted the question on how old they were because that's proof that they don't have the children's best interest at heart.
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
hv0lfhb
hv14nlt
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Wanted to follow on to u/vetratten below - regarding if grandparents rights are harmful to the children there are two things that stick out to me should they sue for rights: A) Grandparents did not sue for grandparents rights based on any concern other than notification to the police of their complicity in hiding evidence. Their suit is about threatening you to further protect their son - NOT emptional connection or whatever TX bases their considerations on. AND B). It is completely germane to any kind of hearing that insisting on any vistation being surpervised is justified for the following reason: IT IS EXTREMELY HARMFUL to your child if these grandparents try to play down what their father did. And they will - even if by accident they will always make excuses for their child. And your child NEEDS to KNOW that this was not a misunderstanding or blown out of proportion and it was not their fault and anything that could pierce that protective narrative is unacceptable.
OP You need a lawyer. You want one for 2 reasons: 1) The police need to be informed that they picked up and removed the computer ahead of the court order about seizing his computers. That is going to be bad. 2) If they are going to go for GPR, you will need a lawyer to meet this in court head on and ask this question: Are they such good parents, if they raised a sexual predator? But more importantly here is a general run down on GPR in the state of Texas: The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child’s parents is deceased, incompetent, incarcerated, or has had his or her parental rights terminated. Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been adjudicated a delinquent or in need of supervision, or the child has lived with the grandparent for at least six months within 24 months of the filing of the petition for visitation. Adoption cuts off the visitation rights of the grandparent unless the adoption is granted to a stepparent.
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My kids' dad is in jail & soon to be prison for a *long* time. His parents are threatening to get grandparents rights. I'm in Texas, they're in another state. My ex has several charges, all sexual assault related, with the worst being aggravated sexual assault of a child. Our 10 year old being his victim. Originally I had no issue with his family being in the kids' lives, but they have done some very suspicious things. For example, their son asked his parents to take his laptop so they could "pay his bills." They did take the laptop back to their home state after a visit to Texas despite being made aware the police were going to be seizing his computers. When I questioned them on taking it, they gaslit me claiming I didn't know what I was talking about, but eventually confessed to taking it. Due to this, I decided it was in my kids' best interest to cut off contact with them. I explained my reasoning to them yesterday. I received a text back stating "if necessary, they would get Texas grandparents rights." They have seen these kids once a year. In fact, they had to ask me how old they are last month when I spoke to them. Do they have any chance of getting rights to them?
hv14nlt
hv0rkyk
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OP You need a lawyer. You want one for 2 reasons: 1) The police need to be informed that they picked up and removed the computer ahead of the court order about seizing his computers. That is going to be bad. 2) If they are going to go for GPR, you will need a lawyer to meet this in court head on and ask this question: Are they such good parents, if they raised a sexual predator? But more importantly here is a general run down on GPR in the state of Texas: The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child’s parents is deceased, incompetent, incarcerated, or has had his or her parental rights terminated. Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been adjudicated a delinquent or in need of supervision, or the child has lived with the grandparent for at least six months within 24 months of the filing of the petition for visitation. Adoption cuts off the visitation rights of the grandparent unless the adoption is granted to a stepparent.
Please fing a good therapist for your daughter. Her talking can help her. She can express how she feels. Also if it comes to court she can have her own court appointed attorney to advicate on her behalf. In the end its all about her rights and feelings so make sure she is heard.
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I am a coach in a small program that works with kids. Recently I had a parent of one of those kids dig up my criminal record and threaten to make a big deal about it around the club where I work. (FL) So I got arrested for a drunk and disorderly when I was younger and was never convicted. I have the nolle process letter and my place of employment has always been fully aware. I had this incident expunged and to my knowledge the only situations under which it could be uncovered were by federal authorities with cause. Is this correct? The situation is that there was a kid was having behavioral issues once and I addressed them following the club’s policy on the matter. Later on there was a situation where the club changed a policy and I had to enforce it and the parents of the kid decided to get in my face about it and even cited the previous incident and reported me to the club as having been disrespectful even though I kept telling them I couldn’t changed the policy and referring them to the person that could. Finally yesterday the kid through an all out tantrum and refused to follow instructions so I called my supervisor explained what was happening and got the ok to send him home. I left him with another coach and took the rest of the group to do our activities for the day. The other coach later came back and told me that the kids parents had looked up my records and were threatening to make a big deal about it at my work place. My questions are 1. How could they have accessed my records if they were expunged? 2. Is it legal for them to have done so? My record was from Georgia but I live in Florida now. 3. What can I do about it? I appreciate any advice given in advance.
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Invite your manager over and explain that they would like him to know of your arrest. Since you’ve already disclosed it they’ll look like idiots because they’re assuming you’re trying to hide it. Especially with such a stupid misdemeanor charge. Edit: I am not a lawyer
> 1. How could they have accessed my records if they were expunged? Newspapers and websites publish this info, you may have forgotten to present the order to someone, agency may not have processed it correctly, etc. > 2 + 3 Depends on how they found it
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I am a coach in a small program that works with kids. Recently I had a parent of one of those kids dig up my criminal record and threaten to make a big deal about it around the club where I work. (FL) So I got arrested for a drunk and disorderly when I was younger and was never convicted. I have the nolle process letter and my place of employment has always been fully aware. I had this incident expunged and to my knowledge the only situations under which it could be uncovered were by federal authorities with cause. Is this correct? The situation is that there was a kid was having behavioral issues once and I addressed them following the club’s policy on the matter. Later on there was a situation where the club changed a policy and I had to enforce it and the parents of the kid decided to get in my face about it and even cited the previous incident and reported me to the club as having been disrespectful even though I kept telling them I couldn’t changed the policy and referring them to the person that could. Finally yesterday the kid through an all out tantrum and refused to follow instructions so I called my supervisor explained what was happening and got the ok to send him home. I left him with another coach and took the rest of the group to do our activities for the day. The other coach later came back and told me that the kids parents had looked up my records and were threatening to make a big deal about it at my work place. My questions are 1. How could they have accessed my records if they were expunged? 2. Is it legal for them to have done so? My record was from Georgia but I live in Florida now. 3. What can I do about it? I appreciate any advice given in advance.
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> 1. How could they have accessed my records if they were expunged? Newspapers and websites publish this info, you may have forgotten to present the order to someone, agency may not have processed it correctly, etc. > 2 + 3 Depends on how they found it
> Is this correct? Not necessarily. For starters, what gets out to the public can rarely be clawed back in. Plenty of websites scrape mugshots and court records. Even if a Judge orders a record sealed, that applies to records kept by the court/police/state. Additionally, there are other circumstances in which a record can be unsealed. Most often it is due to subsequent criminal prosecutions. But background checks for certain types of employment (law enforcement, working with children, etc) can general see through record sealing / unseal records. *I am unfamiliar with the ins-and-outs of FL record sealing law. This varies a lot from state to state.* > 1. How could they have accessed my records if they were expunged? See above > 2. Is it legal for them to have done so? My record was from Georgia but I live in Florida now. It depends on the above. It is possible it was improperly discovered (somehow the family has access to NCIC and ran you). It is also possible they just googled you and found the arrest. > 3. What can I do about it? I appreciate any advice given in advance. My first step would be to check your criminal history from Georgia. If it shows your record is *not* sealed, then I'd begin that process. Consult an attorney in Georgia to see your options there.
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I am a coach in a small program that works with kids. Recently I had a parent of one of those kids dig up my criminal record and threaten to make a big deal about it around the club where I work. (FL) So I got arrested for a drunk and disorderly when I was younger and was never convicted. I have the nolle process letter and my place of employment has always been fully aware. I had this incident expunged and to my knowledge the only situations under which it could be uncovered were by federal authorities with cause. Is this correct? The situation is that there was a kid was having behavioral issues once and I addressed them following the club’s policy on the matter. Later on there was a situation where the club changed a policy and I had to enforce it and the parents of the kid decided to get in my face about it and even cited the previous incident and reported me to the club as having been disrespectful even though I kept telling them I couldn’t changed the policy and referring them to the person that could. Finally yesterday the kid through an all out tantrum and refused to follow instructions so I called my supervisor explained what was happening and got the ok to send him home. I left him with another coach and took the rest of the group to do our activities for the day. The other coach later came back and told me that the kids parents had looked up my records and were threatening to make a big deal about it at my work place. My questions are 1. How could they have accessed my records if they were expunged? 2. Is it legal for them to have done so? My record was from Georgia but I live in Florida now. 3. What can I do about it? I appreciate any advice given in advance.
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Was it expunged? Or was it through Georgias First Offenders Act there's a HUGE difference.
People also think their records are "Expunged" when they are really not. Also, expunging records will just wipe it off the court's records. If one of these sites like mugshots.com has your mug shot online, people can see that. Also, if the newspaper reported on your arrest at the time with a blurb in the paper, that might still be available. It also may be possible that someone contacted the arresting agency and go a copy of your arrest report which could have been stored somewhere other than in the court file that was expunged. > 1. How could they have accessed my records if they were expunged? Try googling your name and see what comes up. Search with and without middle name, with and without adding your city or state of residence. See if any reference to this arrest comes up. There's a good chance that's all the angry parent did to dig up this dirt on you.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
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Not a lawyer but former hospital A/R here. Get a three way call going between your insurance and the biller. If it hasn't been too long since the procedure (60-365 days depending on insurance and state), the hospital should be able to file a retroactive authorization to the insurance company. If they cannot do that, then unfortunately you will be responsible. Look at the hospital's website to see what kind of financial assistance and payment plans they have. Most hospitals I worked with had a 70% discount (if not more) for self pay patients, which would knock his bill down to $10800 and then you can make a payment arrangement from there.
> the doctor and nurse practitioner told him it was approved They do not know the intricacies of every patient's insurance plan. You must *always* call the number on the back of your health insurance card before agreeing to any procedure, drug, or service. You can call the provider and ask for a reduction or a payment plan. At this point I would try my level best to schedule a conference call between you, your insurance rep, and the billing department of the facility. The good news is that you are only one month in to the process and with holidays and a pandemic that's like two days. Don't lose hope just yet. >even though he would be denied because his income is just over their limits. He can possibly reduce his 2021 income by contributing to a qualified retirement plan, and he has until April of 2022 to do it. It may not influence *these* charges or it may- it depends on dates and coverage details. But it's something to think about going forward.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
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Unfortunately you are always liable for the costs of treatment, one of the many forms you sign when you first see a doctor or are admitted to the hospital states that while they will bill your insurance as a courtesy to you, you are still responsible for verification of eligibility for services. The hospital can say they think you are covered, but only your insurance company can actually provide a definitive statement on that issue. You should always try to verify coverage for major treatments directly before getting them. At this point the best course is to try for financial aid while also disputing the denial with your insurance provider and appealing that denial as far as you can within the company.
Not a lawyer but former hospital A/R here. Get a three way call going between your insurance and the biller. If it hasn't been too long since the procedure (60-365 days depending on insurance and state), the hospital should be able to file a retroactive authorization to the insurance company. If they cannot do that, then unfortunately you will be responsible. Look at the hospital's website to see what kind of financial assistance and payment plans they have. Most hospitals I worked with had a 70% discount (if not more) for self pay patients, which would knock his bill down to $10800 and then you can make a payment arrangement from there.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
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What State are you in? Some States like NY have protection against surprise medical bills if you qualify https://www.dfs.ny.gov/consumers/health\_insurance/surprise\_medical\_bills. The reason you were not covered is important in many cases not checking is not good enough. However based on your circumstances and State you may have some recourse. ​ Also go right to the drug company there may be a voucher available based on your financial circumstances to cover some or all of the cost.
Not a lawyer but former hospital A/R here. Get a three way call going between your insurance and the biller. If it hasn't been too long since the procedure (60-365 days depending on insurance and state), the hospital should be able to file a retroactive authorization to the insurance company. If they cannot do that, then unfortunately you will be responsible. Look at the hospital's website to see what kind of financial assistance and payment plans they have. Most hospitals I worked with had a 70% discount (if not more) for self pay patients, which would knock his bill down to $10800 and then you can make a payment arrangement from there.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
hqeztz7
hqf30dv
1,640,790,265
1,640,791,663
120
900
Unfortunately you are always liable for the costs of treatment, one of the many forms you sign when you first see a doctor or are admitted to the hospital states that while they will bill your insurance as a courtesy to you, you are still responsible for verification of eligibility for services. The hospital can say they think you are covered, but only your insurance company can actually provide a definitive statement on that issue. You should always try to verify coverage for major treatments directly before getting them. At this point the best course is to try for financial aid while also disputing the denial with your insurance provider and appealing that denial as far as you can within the company.
> the doctor and nurse practitioner told him it was approved They do not know the intricacies of every patient's insurance plan. You must *always* call the number on the back of your health insurance card before agreeing to any procedure, drug, or service. You can call the provider and ask for a reduction or a payment plan. At this point I would try my level best to schedule a conference call between you, your insurance rep, and the billing department of the facility. The good news is that you are only one month in to the process and with holidays and a pandemic that's like two days. Don't lose hope just yet. >even though he would be denied because his income is just over their limits. He can possibly reduce his 2021 income by contributing to a qualified retirement plan, and he has until April of 2022 to do it. It may not influence *these* charges or it may- it depends on dates and coverage details. But it's something to think about going forward.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
hqfnwgg
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> Would he still be liable? What do we do? The insurance company is currently investigating under the dispute. If the provider is in network it's highly likely they are contractually prohibited from trying to collect from you if they failed to seek pre-authorization. The right people to talk to here is your insurer.
Not a lawyer but I do currently work in prior authorization for a major hospital company in San Diego. Unless you signed something or your dad signed something prior indicating if the insurance didn’t cover it, you would be responsible it’s like an assumption of liability then technically if they didn’t get prior authorization tthat liability falls on the hospital / doctor not you. Contact your insurance and confirm if the hospital can balance bill you for that if they failed to obtain prior authorization.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
hqgk9mt
hqg6cac
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Not a lawyer but I do currently work in prior authorization for a major hospital company in San Diego. Unless you signed something or your dad signed something prior indicating if the insurance didn’t cover it, you would be responsible it’s like an assumption of liability then technically if they didn’t get prior authorization tthat liability falls on the hospital / doctor not you. Contact your insurance and confirm if the hospital can balance bill you for that if they failed to obtain prior authorization.
Not a lawyer. I see you are in Georgia. If your appeal/complaint with the insurance company fails, you may be able to file a complaint with Georgia's insurance commissioner. Here is the link: https://oci.georgia.gov/file-consumer-insurance-complaint. I'm not sure what type of health coverage you have, but the site tells you which plans they are able to assist you with. Hope this helps.
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My dad was told a $36,000 shot was covered before he received it but now the hospital is saying he is not covered afterwards. He was diagnosed with cancer and he is still receiving treatment for it. A month ago they asked him to come in for a shot the doctor and nurse practitioner told him it was approved before getting the injection. After a week someone in the billing department gave him a call and told him he needed to fill out a financial assistance form for that shot because the insurance denied it even after being told he was covered. She told him if he was not covered (which he wouldn't because his income is just a bit over) then he would be liable to pay. We called the insurance company and they told us they were going to do a dispute because they never even received authorization for the drug. I went with him to the billing department and the person handling the case no longer works with the hospital and the person replacing her told us she understood what the situation was and that she would not expect to be liable to pay and that the authorization was sent to a subcontractor for the insurance company. The next day she called my dad and asked him to bring in his previous tax forms because they would be submitting financial assistance to the drug company even though he would be denied because his income is just over their limits. Would he still be liable? What do we do? The insurance company is currently investigating under the dispute.
hqglcdk
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When a procedure, stay, diagnostic, or medication requires preauthorization and the facility fails to receive same before providing that service the facility is 100% responsible for eating the cost of the procedure, stay, cost or diagnostic test. It is their responsibility to get pre-authorization prior to providing any service requiring same and cannot legally require the patient to pay that bill. They can have you file for their charitable care program so they can write off your bill, but do not include any account numbers or current account balances. Only how much you made and total of monthly or yearly bills for that year. Don't forget medical bills and health insurance costs. Only if they were denied preauthorization and notified you in writing of the denial and gave youvthe option to procede and pay out of pocket do you become legally luable for the payment. They know it and hope you do not know it.
Not a lawyer. I see you are in Georgia. If your appeal/complaint with the insurance company fails, you may be able to file a complaint with Georgia's insurance commissioner. Here is the link: https://oci.georgia.gov/file-consumer-insurance-complaint. I'm not sure what type of health coverage you have, but the site tells you which plans they are able to assist you with. Hope this helps.
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Please help, I'm 16, my mom just called the cops on my dad saying he abuses me but he didn't do anything wrong, they're going to come back and I don't know what to do. I asked a question here yesterday and thakns for the help received but now the situation has changed (for the worse) my mom has called the cops on my dad because I'm not visiting and I'm freaking out and I dont know what to do. She's sending 100s of texts every day and in some she said she would call the police and CPS on my dad but I didn't believe her, but she did it for real. I was home alone because my dad had left for work, I was just out of bed and there was a knock on the door and it was the police. They said they have a report that my dad is abusing me and locking me up inside the house so I can't visit my mom. It's not true at all she's the one who's harassing me and there's a good reason why I don't want to visit it's because her boyfriend wants me to watch porn with him and I don't want to. I told them many times it was my idea not to go but I'm not sure they believed me. My mom said she has started telling everyone she knows that I'm a liar so I'm sure she told them too. They asked if it's true that my dad doesn't want me to visit her and I said yes but that's because I asked him, usually he makes me go but now we're going to go to court to change the custody agreement. Anyway I've been told that I'm old enough (16) to decide if I want to visit or not. They wanted to talk to my dad but it's not like he can just leave work in the middle of the day. I showed them the texts she sent where she threatened to call them. They left but they will be back to talk to my dad now I'm freaking out, I don't want him arrested he's done nothing wrong. My mother was always difficult but she was not that bad but now she's going crazy and she wants to hurt us, first the texts and destroying and selling my property now this. I called my dad at work but he can't come back now they are short staffed already. I'm so terrified now I don't know what to do I'm sure she's going to lie and my dad is going to be in trouble but he's done nothing wrong. What should I do if the police come back?
fmwykfk
fmy0ezp
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If you can, reach out to a guidance counselor at school to have them file a CPS report. This will help show that it isn’t “just your father” trying to make it so you don’t go back to that abusive household. The texts you have and your statement of fact (that he has pressured you into watching porn with him) should make your guidance counselor file with CPS.
Please take screenshots of all your mother's texts and email them to yourself. You are handing your phone to random people and you don't know what can happen. Those are evidence and you need as much as possible. You are also afraid to tell the cops about your mom's boyfriend before you don't have "evidence". Please do not worry about that. As you can see, your mom called the police on your dad with zero evidence herself. Stop speaking with your mother. Do not block her as you want her to text you more evidence. But don't reply or pick up gl hey phone calls. She has now accused your dad of horrible things. Who knows what will she can do with a wrong response from you. Don't give her anything to use against you. Please also get the officer's names and the case number (if there is one yet). This is more evidence that the lawyer will need to go after your mother.
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Please help, I'm 16, my mom just called the cops on my dad saying he abuses me but he didn't do anything wrong, they're going to come back and I don't know what to do. I asked a question here yesterday and thakns for the help received but now the situation has changed (for the worse) my mom has called the cops on my dad because I'm not visiting and I'm freaking out and I dont know what to do. She's sending 100s of texts every day and in some she said she would call the police and CPS on my dad but I didn't believe her, but she did it for real. I was home alone because my dad had left for work, I was just out of bed and there was a knock on the door and it was the police. They said they have a report that my dad is abusing me and locking me up inside the house so I can't visit my mom. It's not true at all she's the one who's harassing me and there's a good reason why I don't want to visit it's because her boyfriend wants me to watch porn with him and I don't want to. I told them many times it was my idea not to go but I'm not sure they believed me. My mom said she has started telling everyone she knows that I'm a liar so I'm sure she told them too. They asked if it's true that my dad doesn't want me to visit her and I said yes but that's because I asked him, usually he makes me go but now we're going to go to court to change the custody agreement. Anyway I've been told that I'm old enough (16) to decide if I want to visit or not. They wanted to talk to my dad but it's not like he can just leave work in the middle of the day. I showed them the texts she sent where she threatened to call them. They left but they will be back to talk to my dad now I'm freaking out, I don't want him arrested he's done nothing wrong. My mother was always difficult but she was not that bad but now she's going crazy and she wants to hurt us, first the texts and destroying and selling my property now this. I called my dad at work but he can't come back now they are short staffed already. I'm so terrified now I don't know what to do I'm sure she's going to lie and my dad is going to be in trouble but he's done nothing wrong. What should I do if the police come back?
fmwt3y1
fmy0ezp
1,586,452,556
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Calm down breath, try and relax. You've already been given some good advice. I second writing down everything, creating a timeline. Details, examples, etc. Be as specific as you can. Show them all the texts, voicemails...everything. You have to tell them ALL of the uncomfortable details. Make sure you have the police documents everything and keep copies to take to the courts once they open again. Present yourself as the calm, rational, logical side of this. Your dad has your back, you'll be okay. Relax, you've got this.
Please take screenshots of all your mother's texts and email them to yourself. You are handing your phone to random people and you don't know what can happen. Those are evidence and you need as much as possible. You are also afraid to tell the cops about your mom's boyfriend before you don't have "evidence". Please do not worry about that. As you can see, your mom called the police on your dad with zero evidence herself. Stop speaking with your mother. Do not block her as you want her to text you more evidence. But don't reply or pick up gl hey phone calls. She has now accused your dad of horrible things. Who knows what will she can do with a wrong response from you. Don't give her anything to use against you. Please also get the officer's names and the case number (if there is one yet). This is more evidence that the lawyer will need to go after your mother.
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Please help, I'm 16, my mom just called the cops on my dad saying he abuses me but he didn't do anything wrong, they're going to come back and I don't know what to do. I asked a question here yesterday and thakns for the help received but now the situation has changed (for the worse) my mom has called the cops on my dad because I'm not visiting and I'm freaking out and I dont know what to do. She's sending 100s of texts every day and in some she said she would call the police and CPS on my dad but I didn't believe her, but she did it for real. I was home alone because my dad had left for work, I was just out of bed and there was a knock on the door and it was the police. They said they have a report that my dad is abusing me and locking me up inside the house so I can't visit my mom. It's not true at all she's the one who's harassing me and there's a good reason why I don't want to visit it's because her boyfriend wants me to watch porn with him and I don't want to. I told them many times it was my idea not to go but I'm not sure they believed me. My mom said she has started telling everyone she knows that I'm a liar so I'm sure she told them too. They asked if it's true that my dad doesn't want me to visit her and I said yes but that's because I asked him, usually he makes me go but now we're going to go to court to change the custody agreement. Anyway I've been told that I'm old enough (16) to decide if I want to visit or not. They wanted to talk to my dad but it's not like he can just leave work in the middle of the day. I showed them the texts she sent where she threatened to call them. They left but they will be back to talk to my dad now I'm freaking out, I don't want him arrested he's done nothing wrong. My mother was always difficult but she was not that bad but now she's going crazy and she wants to hurt us, first the texts and destroying and selling my property now this. I called my dad at work but he can't come back now they are short staffed already. I'm so terrified now I don't know what to do I'm sure she's going to lie and my dad is going to be in trouble but he's done nothing wrong. What should I do if the police come back?
fmy0ezp
fmx0aa6
1,586,475,500
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2
Please take screenshots of all your mother's texts and email them to yourself. You are handing your phone to random people and you don't know what can happen. Those are evidence and you need as much as possible. You are also afraid to tell the cops about your mom's boyfriend before you don't have "evidence". Please do not worry about that. As you can see, your mom called the police on your dad with zero evidence herself. Stop speaking with your mother. Do not block her as you want her to text you more evidence. But don't reply or pick up gl hey phone calls. She has now accused your dad of horrible things. Who knows what will she can do with a wrong response from you. Don't give her anything to use against you. Please also get the officer's names and the case number (if there is one yet). This is more evidence that the lawyer will need to go after your mother.
You need to speak with your dad and have him get DSS and the Police involved, but you need to speak to their child crimes investigator not just a road officer. DSS and Child crimes investigators are trained in Child Forensic Interviews, which are designed to be non leading and admissible for court purposes. Having interviews with untrained personnel, even general police officers, can result in conflicting statements and make things worse. There are a few giant red flags in your story, which need to be heard specifically by these people. This forum, while it has its good purposes, cannot adequately answer you questions. At this point you need to get off of here and either you or your dad need to call your local police department and specifically request to speak to the Child Crimes Detective. They will know exactly how best to proceed and help you. Wish you all the best.
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Please help, I'm 16, my mom just called the cops on my dad saying he abuses me but he didn't do anything wrong, they're going to come back and I don't know what to do. I asked a question here yesterday and thakns for the help received but now the situation has changed (for the worse) my mom has called the cops on my dad because I'm not visiting and I'm freaking out and I dont know what to do. She's sending 100s of texts every day and in some she said she would call the police and CPS on my dad but I didn't believe her, but she did it for real. I was home alone because my dad had left for work, I was just out of bed and there was a knock on the door and it was the police. They said they have a report that my dad is abusing me and locking me up inside the house so I can't visit my mom. It's not true at all she's the one who's harassing me and there's a good reason why I don't want to visit it's because her boyfriend wants me to watch porn with him and I don't want to. I told them many times it was my idea not to go but I'm not sure they believed me. My mom said she has started telling everyone she knows that I'm a liar so I'm sure she told them too. They asked if it's true that my dad doesn't want me to visit her and I said yes but that's because I asked him, usually he makes me go but now we're going to go to court to change the custody agreement. Anyway I've been told that I'm old enough (16) to decide if I want to visit or not. They wanted to talk to my dad but it's not like he can just leave work in the middle of the day. I showed them the texts she sent where she threatened to call them. They left but they will be back to talk to my dad now I'm freaking out, I don't want him arrested he's done nothing wrong. My mother was always difficult but she was not that bad but now she's going crazy and she wants to hurt us, first the texts and destroying and selling my property now this. I called my dad at work but he can't come back now they are short staffed already. I'm so terrified now I don't know what to do I'm sure she's going to lie and my dad is going to be in trouble but he's done nothing wrong. What should I do if the police come back?
fmwykfk
fmwt3y1
1,586,455,297
1,586,452,556
5
3
If you can, reach out to a guidance counselor at school to have them file a CPS report. This will help show that it isn’t “just your father” trying to make it so you don’t go back to that abusive household. The texts you have and your statement of fact (that he has pressured you into watching porn with him) should make your guidance counselor file with CPS.
Calm down breath, try and relax. You've already been given some good advice. I second writing down everything, creating a timeline. Details, examples, etc. Be as specific as you can. Show them all the texts, voicemails...everything. You have to tell them ALL of the uncomfortable details. Make sure you have the police documents everything and keep copies to take to the courts once they open again. Present yourself as the calm, rational, logical side of this. Your dad has your back, you'll be okay. Relax, you've got this.
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legaladvice_train
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I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im2x8gz
im2i9xs
1,661,653,632
1,661,646,150
605
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I would contact the ACLU or perhaps FIRE, which are both free speech organizations that have legal teams available to help.
ACLU?
1
7,482
4.384058
wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im315ii
im2zo63
1,661,655,674
1,661,654,878
329
246
Contact the ACLU, also write about it. If the law cannot provide adequate protection maybe the pen can.
You should absolutely reach out to a civil rights org like the ACLU or reach out to law firms that specialize in FOIA litigation/representing journalists. Many law firms would be interested in taking this case pro bono
1
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wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im2i9xs
im315ii
1,661,646,150
1,661,655,674
138
329
ACLU?
Contact the ACLU, also write about it. If the law cannot provide adequate protection maybe the pen can.
0
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wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im3134n
im315ii
1,661,655,639
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Talk to IRE or another professional journalism org. They should be able to help you find counsel.
Contact the ACLU, also write about it. If the law cannot provide adequate protection maybe the pen can.
0
35
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wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im3euu8
im2zo63
1,661,663,795
1,661,654,878
277
246
Share your findings with the FBI, State bar association, State attorney general's office, andD department of justice. Sounds like you have touched a nerve in the aspect of corruption and rattled a few cages. From this point on I'd keep my notes on a secure place, start sharing with the feds and contact a lawyer. You're on to something. Keep digging. Touch base with the ACLU and see what your options are. Now if you live in a jurisdiction where the police department is always record any interactions with the police department especially if you have one of those iPhones that can record and store in a cloud. Make sure your face print or your thumbprint cant unlock your phone. Recordings notes everything scanned into a cloud drive it only you and maybe a couple of trusted friends have access to.
You should absolutely reach out to a civil rights org like the ACLU or reach out to law firms that specialize in FOIA litigation/representing journalists. Many law firms would be interested in taking this case pro bono
1
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wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im2i9xs
im3euu8
1,661,646,150
1,661,663,795
138
277
ACLU?
Share your findings with the FBI, State bar association, State attorney general's office, andD department of justice. Sounds like you have touched a nerve in the aspect of corruption and rattled a few cages. From this point on I'd keep my notes on a secure place, start sharing with the feds and contact a lawyer. You're on to something. Keep digging. Touch base with the ACLU and see what your options are. Now if you live in a jurisdiction where the police department is always record any interactions with the police department especially if you have one of those iPhones that can record and store in a cloud. Make sure your face print or your thumbprint cant unlock your phone. Recordings notes everything scanned into a cloud drive it only you and maybe a couple of trusted friends have access to.
0
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wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im3euu8
im3134n
1,661,663,795
1,661,655,639
277
108
Share your findings with the FBI, State bar association, State attorney general's office, andD department of justice. Sounds like you have touched a nerve in the aspect of corruption and rattled a few cages. From this point on I'd keep my notes on a secure place, start sharing with the feds and contact a lawyer. You're on to something. Keep digging. Touch base with the ACLU and see what your options are. Now if you live in a jurisdiction where the police department is always record any interactions with the police department especially if you have one of those iPhones that can record and store in a cloud. Make sure your face print or your thumbprint cant unlock your phone. Recordings notes everything scanned into a cloud drive it only you and maybe a couple of trusted friends have access to.
Talk to IRE or another professional journalism org. They should be able to help you find counsel.
1
8,156
2.564815
wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im375is
im3euu8
1,661,659,006
1,661,663,795
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277
Maybe the state attorney general?
Share your findings with the FBI, State bar association, State attorney general's office, andD department of justice. Sounds like you have touched a nerve in the aspect of corruption and rattled a few cages. From this point on I'd keep my notes on a secure place, start sharing with the feds and contact a lawyer. You're on to something. Keep digging. Touch base with the ACLU and see what your options are. Now if you live in a jurisdiction where the police department is always record any interactions with the police department especially if you have one of those iPhones that can record and store in a cloud. Make sure your face print or your thumbprint cant unlock your phone. Recordings notes everything scanned into a cloud drive it only you and maybe a couple of trusted friends have access to.
0
4,789
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wzgun4
legaladvice_train
0.98
I am an investigative journalist. A well-informed source alerted me of some funny business at the local prosecutor’s office, so I filed a FOIA request. Instead of just denying or approving the request, the prosecutor’s office contacted local LE claiming I had filed an “illegal FOIA request.” The police (who I have learned are apparently bosom-buddies with the prosecuting attorney and his employees) tracked down a close relative of mine, and attempted to interrogate them about my reason for filing the "illegal" FOIA. This was obviously an intimidation tactic, but is it something I should consider contacting a civil rights attorney over? Most government officials know not to even ask a journalist why they are making a FOIA request, and this is by far the most extreme response to a FOIA I've ever experienced. Even most corrupt officials will just deny your FOIA request. This happened a few months ago, and in that timeframe the prosecutor apparently also destroyed the records I was seeking. A few additional facts that may be pertinent: * I am a freelance journalist now, but put in four years at a large newspaper. I maintain current credentials with a press association. * The incident happened in Missouri. Yes, I know FOIAs are called Sunshine Law requests here. Just using "FOIA" as a metonym. * Sunshine Law and FOIA requests can be "invalid," but are never "illegal." * This was my first contact with the prosecutor's office, so there was no "history" to explain their reaction. * I wasn't just "fishing." The FOIA request was very targeted at records that should have confirmed what my source was saying. * My family was absolutely terrified by the incident. They assumed, based on the demeanor of the investigating police officer, that I had gotten myself into real trouble. They are very afraid of what could happen if re-open my work on the story. * My ability to act as a journalist in the community (at least in regards to LE and the prosecutor's office) has been crippled by this matter. After doing some research, I found that Missouri has two statutes that may be applicable - one against harassment (RSMo 565.090) and another that prohibits false reports to law enforcement (RSMo 575.080). There is also a Federal statute called Conspiracy Against Rights (18 U.S. Code § 241) that I think may be applicable (since the prosecutor involved an assistant in contacting LE). Thoughts/advice much appreciated!
im2i9xs
im2zo63
1,661,646,150
1,661,654,878
138
246
ACLU?
You should absolutely reach out to a civil rights org like the ACLU or reach out to law firms that specialize in FOIA litigation/representing journalists. Many law firms would be interested in taking this case pro bono
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8,728
1.782609
riu766
legaladvice_train
0.98
Can the restaurant I work for sue Uber Eats? I work socials and marketing for a fine dining restaurant. We offer pickup but not delivery. Postmates (acquired by Uber Eats last year) and Uber Eats continue to post our menus on their platforms. 1) the menus are not even correct 2) hours are incorrect 3) WE AREN’T AFFILIATED WITH THEM and don’t have an account with either company. They keep adding our menus back up and we begin to get pickup orders and people come in saying “I’m here to pickup an ubereats order”. Customers call and complain about their food being late or getting the wrong thing when it is always ubereats fault. I’m just wondering if people have ever tried to sue them over this issue before. It is extremely annoying and is not a good look for our business.
hp07gql
hozkxdv
1,639,796,901
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Not a lawyer but I’ll share the discussion I had with my attorney. I also own a restaurant in this situation. I have a trademark on my name so there is some legitimate infringement on my trademark because they are using it for profit. The problem isn’t if I can sue, because I can, but what my actual damages are. That’s harder to quantify and ultimately will be much lower than the cost to litigate. Uber Eats knows this and that’s why they do it. If we get a call from an upset customer we just tell them we don’t offer delivery and if they choose to use an unsupported third party for delivery we can’t guarantee the service.
Has the business gone through the removal request process?
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riu766
legaladvice_train
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Can the restaurant I work for sue Uber Eats? I work socials and marketing for a fine dining restaurant. We offer pickup but not delivery. Postmates (acquired by Uber Eats last year) and Uber Eats continue to post our menus on their platforms. 1) the menus are not even correct 2) hours are incorrect 3) WE AREN’T AFFILIATED WITH THEM and don’t have an account with either company. They keep adding our menus back up and we begin to get pickup orders and people come in saying “I’m here to pickup an ubereats order”. Customers call and complain about their food being late or getting the wrong thing when it is always ubereats fault. I’m just wondering if people have ever tried to sue them over this issue before. It is extremely annoying and is not a good look for our business.
hp0t26u
hp0itmx
1,639,809,882
1,639,803,156
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Register the copyright on your menu, and if you see it on somebody else's website, send a DMCA takedown notice the first time. After that, sue for statutory damages for copyright violation.
It is a little unclear and some things do not add up - what people come in saying they have an uber eats order? And don't you get a phone number and address with the order so that you can call customers and say sorry we do not accept uber eats orders? And how is the money handled, I thought uber eats was payment with order - they take their cut and you get the rest. You can talk to an attorney and have them send a cease and desist letter to Uber, they will know how to do it and it is a necessary step before a lawsuit, but you may want to make sure that someone in the company did not sign up for this at some time and not let the rest of the team know about it. You should also reach out to your local elected officials and let them know this is going on. Several cities have enacted laws that require uber eats to get approval from restaurants before listing them,
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riu766
legaladvice_train
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Can the restaurant I work for sue Uber Eats? I work socials and marketing for a fine dining restaurant. We offer pickup but not delivery. Postmates (acquired by Uber Eats last year) and Uber Eats continue to post our menus on their platforms. 1) the menus are not even correct 2) hours are incorrect 3) WE AREN’T AFFILIATED WITH THEM and don’t have an account with either company. They keep adding our menus back up and we begin to get pickup orders and people come in saying “I’m here to pickup an ubereats order”. Customers call and complain about their food being late or getting the wrong thing when it is always ubereats fault. I’m just wondering if people have ever tried to sue them over this issue before. It is extremely annoying and is not a good look for our business.
hp1ctov
hp0itmx
1,639,826,374
1,639,803,156
23
15
Driver shows up for pickup tell them you do not do deliveries via their platform, UberEATS, GrubHub, doordash, whatever the name is and hand them nothing. Helps them because they are still paid for their time and hurts the company because they have to pay the drivers. Find a way to reguire a pickup code off your site that changes per order so that the companies can't scrape and validate it, one of those anti bot verify things so it will filter out orders that were not placed via your site, saves you from making meals ordered via the outside platforms.
It is a little unclear and some things do not add up - what people come in saying they have an uber eats order? And don't you get a phone number and address with the order so that you can call customers and say sorry we do not accept uber eats orders? And how is the money handled, I thought uber eats was payment with order - they take their cut and you get the rest. You can talk to an attorney and have them send a cease and desist letter to Uber, they will know how to do it and it is a necessary step before a lawsuit, but you may want to make sure that someone in the company did not sign up for this at some time and not let the rest of the team know about it. You should also reach out to your local elected officials and let them know this is going on. Several cities have enacted laws that require uber eats to get approval from restaurants before listing them,
1
23,218
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riu766
legaladvice_train
0.98
Can the restaurant I work for sue Uber Eats? I work socials and marketing for a fine dining restaurant. We offer pickup but not delivery. Postmates (acquired by Uber Eats last year) and Uber Eats continue to post our menus on their platforms. 1) the menus are not even correct 2) hours are incorrect 3) WE AREN’T AFFILIATED WITH THEM and don’t have an account with either company. They keep adding our menus back up and we begin to get pickup orders and people come in saying “I’m here to pickup an ubereats order”. Customers call and complain about their food being late or getting the wrong thing when it is always ubereats fault. I’m just wondering if people have ever tried to sue them over this issue before. It is extremely annoying and is not a good look for our business.
hp1di2f
hp1g2wv
1,639,826,941
1,639,829,021
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10
I'm curious how the order gets to you from ubereats if you don't support it. Couldn't you just block the orders from ubereats? (Completely ignorant as to how this works, so apologies if this is well-known.) ​ Edit: I read more comments below and now understand. You can ignore this question. Thanks!
Can you file a cease and desist?
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I’m pretty sure my lawyers are incompetent, I’ve been out of work b/c of an accident caused by a commercial vehicle which hit me and resulted in a coma and permanent spine injury. I’m an RN and they say I may never work again. The company keeps changing LLC’s- Please help. What are my options?? Middle of January, I was traveling westbound on a 4 lane highway and a commercial tow truck not carrying a vehicle at the time slammed into my car which then a chain reaction and 10 other cars were damaged from being hit from behind or purposely trying to get out the way of what they saw happening in their rear view. It had been raining all day, but by 7pm EST the roads weren’t terribly wet. The driver was simply on his phone and not paying attention. Later he tested positive for THC and alcohol and was said to be under the influence. No one else was found at fault. Some family friends, a son and father team, have a law firm and took the case pro bono as I mentioned and filed suit against the person operating the commercial vehicle, the company he is still driving for and employed by, and against the insurance company who insured the trucks. The issue is that the driver is indigent and the owner of the company (who has assets) has already dissolved one LLC (this one I’m speaking about) to avoid liability in another pending civil suit and this current LLC is “non-compliant” it’s my belief that the company has already changed ownership and names, possibly now a foreign entity registered in another state. This company did something and had new DOT numbers given to them in the past because they were basically uninsurable. My lawyers dismiss this totally even when I show them proof of the owner of this company hiding assets in 2018 to avoid liability in another civil case (there’s currently two pending and one closed against this company). What, if any are my options? The attorneys demanded a jury trial. The depositions have been taken with the exception on one (the owner). We had to hire process servers to even serve this company because they hid and kept the doors locked. If I’m able to work again the doctors say I will not be able to travel as an RN or make rounds on a 12 hour shift. Basically, it will be a desk job and I’m only 35 y/o. I was in the hospital for 2 + months which was dead in the middle of the Covid when we all thought it would kill everyone, so the anxiety of that was awesome. Call it intuition, but I’m afraid that we will end up with nothing or the bare minimum based on my research on this company. My lawyers say it will “be fine.” I was the one that did the leg work and told my attorneys they were suing the wrong entity. They filed to amend it to add the real LLC to the suit and the judge signed it, but as I keep watching I’m afraid the company has changed names or ownership again, but I haven’t been able to find it- YET. In one instance in the past this company traded it back and forth between family members until litigation was resolved. If it matters the other 10 cars involved settled out of court. While some left the scene in ambulance none sustained permanent injuries as I have. Any thoughts, questions, concerns would be helpful and I’d appreciate it. I’m not trying to financially ruin this company, I just want medical bills covered and such and those bills will be over what his insurance can cover given the other payouts and the fact this company has jumped from insurance provider to insurance provider because they keep getting dropped.
g2kz4b3
g2ksscg
1,598,189,984
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The Insurance company that the tow truck was insured by at the TIME OF THE ACCIDENT is the only entity that matters to you lawsuit. I would highly recommend discussing the strategy that your attorney is planning, with him, and making a decision when you understand what the plan is. If you do not agree, find another attorney. This is the type of accident that you see the Attorneys salivating for on TV, every third commercial. There is a reason for this. I am not an Attorney, however, I am an Insurance Adjuster handling Commercial Vehicle accidents. About the LLC dissolving and reforming, this absolutely needs to be addressed by the court. I am not competent to address this issue. The State is highly relevant in this case. Insurance and other Law varies greatly between States.
It is very difficult, but not impossible, to “pierce the corporate veil.” Meaning, suing the owner individually because the LLC are under-funded, engaging in fraud, etc. and is a closely run company (ie small company and the owner runs it like a family business). The exact threshold varies by state. Is there no insurance at all?
1
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2.923077
if1qlg
legaladvice_train
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I’m pretty sure my lawyers are incompetent, I’ve been out of work b/c of an accident caused by a commercial vehicle which hit me and resulted in a coma and permanent spine injury. I’m an RN and they say I may never work again. The company keeps changing LLC’s- Please help. What are my options?? Middle of January, I was traveling westbound on a 4 lane highway and a commercial tow truck not carrying a vehicle at the time slammed into my car which then a chain reaction and 10 other cars were damaged from being hit from behind or purposely trying to get out the way of what they saw happening in their rear view. It had been raining all day, but by 7pm EST the roads weren’t terribly wet. The driver was simply on his phone and not paying attention. Later he tested positive for THC and alcohol and was said to be under the influence. No one else was found at fault. Some family friends, a son and father team, have a law firm and took the case pro bono as I mentioned and filed suit against the person operating the commercial vehicle, the company he is still driving for and employed by, and against the insurance company who insured the trucks. The issue is that the driver is indigent and the owner of the company (who has assets) has already dissolved one LLC (this one I’m speaking about) to avoid liability in another pending civil suit and this current LLC is “non-compliant” it’s my belief that the company has already changed ownership and names, possibly now a foreign entity registered in another state. This company did something and had new DOT numbers given to them in the past because they were basically uninsurable. My lawyers dismiss this totally even when I show them proof of the owner of this company hiding assets in 2018 to avoid liability in another civil case (there’s currently two pending and one closed against this company). What, if any are my options? The attorneys demanded a jury trial. The depositions have been taken with the exception on one (the owner). We had to hire process servers to even serve this company because they hid and kept the doors locked. If I’m able to work again the doctors say I will not be able to travel as an RN or make rounds on a 12 hour shift. Basically, it will be a desk job and I’m only 35 y/o. I was in the hospital for 2 + months which was dead in the middle of the Covid when we all thought it would kill everyone, so the anxiety of that was awesome. Call it intuition, but I’m afraid that we will end up with nothing or the bare minimum based on my research on this company. My lawyers say it will “be fine.” I was the one that did the leg work and told my attorneys they were suing the wrong entity. They filed to amend it to add the real LLC to the suit and the judge signed it, but as I keep watching I’m afraid the company has changed names or ownership again, but I haven’t been able to find it- YET. In one instance in the past this company traded it back and forth between family members until litigation was resolved. If it matters the other 10 cars involved settled out of court. While some left the scene in ambulance none sustained permanent injuries as I have. Any thoughts, questions, concerns would be helpful and I’d appreciate it. I’m not trying to financially ruin this company, I just want medical bills covered and such and those bills will be over what his insurance can cover given the other payouts and the fact this company has jumped from insurance provider to insurance provider because they keep getting dropped.
g2kz4b3
g2kt27g
1,598,189,984
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The Insurance company that the tow truck was insured by at the TIME OF THE ACCIDENT is the only entity that matters to you lawsuit. I would highly recommend discussing the strategy that your attorney is planning, with him, and making a decision when you understand what the plan is. If you do not agree, find another attorney. This is the type of accident that you see the Attorneys salivating for on TV, every third commercial. There is a reason for this. I am not an Attorney, however, I am an Insurance Adjuster handling Commercial Vehicle accidents. About the LLC dissolving and reforming, this absolutely needs to be addressed by the court. I am not competent to address this issue. The State is highly relevant in this case. Insurance and other Law varies greatly between States.
If you don’t like your free representation you can pay for ones you do. You’re unlikely to find non family to take this for free but might find a personal injury lawyer who will take the case on contingency.
1
4,639
6.909091
if1qlg
legaladvice_train
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I’m pretty sure my lawyers are incompetent, I’ve been out of work b/c of an accident caused by a commercial vehicle which hit me and resulted in a coma and permanent spine injury. I’m an RN and they say I may never work again. The company keeps changing LLC’s- Please help. What are my options?? Middle of January, I was traveling westbound on a 4 lane highway and a commercial tow truck not carrying a vehicle at the time slammed into my car which then a chain reaction and 10 other cars were damaged from being hit from behind or purposely trying to get out the way of what they saw happening in their rear view. It had been raining all day, but by 7pm EST the roads weren’t terribly wet. The driver was simply on his phone and not paying attention. Later he tested positive for THC and alcohol and was said to be under the influence. No one else was found at fault. Some family friends, a son and father team, have a law firm and took the case pro bono as I mentioned and filed suit against the person operating the commercial vehicle, the company he is still driving for and employed by, and against the insurance company who insured the trucks. The issue is that the driver is indigent and the owner of the company (who has assets) has already dissolved one LLC (this one I’m speaking about) to avoid liability in another pending civil suit and this current LLC is “non-compliant” it’s my belief that the company has already changed ownership and names, possibly now a foreign entity registered in another state. This company did something and had new DOT numbers given to them in the past because they were basically uninsurable. My lawyers dismiss this totally even when I show them proof of the owner of this company hiding assets in 2018 to avoid liability in another civil case (there’s currently two pending and one closed against this company). What, if any are my options? The attorneys demanded a jury trial. The depositions have been taken with the exception on one (the owner). We had to hire process servers to even serve this company because they hid and kept the doors locked. If I’m able to work again the doctors say I will not be able to travel as an RN or make rounds on a 12 hour shift. Basically, it will be a desk job and I’m only 35 y/o. I was in the hospital for 2 + months which was dead in the middle of the Covid when we all thought it would kill everyone, so the anxiety of that was awesome. Call it intuition, but I’m afraid that we will end up with nothing or the bare minimum based on my research on this company. My lawyers say it will “be fine.” I was the one that did the leg work and told my attorneys they were suing the wrong entity. They filed to amend it to add the real LLC to the suit and the judge signed it, but as I keep watching I’m afraid the company has changed names or ownership again, but I haven’t been able to find it- YET. In one instance in the past this company traded it back and forth between family members until litigation was resolved. If it matters the other 10 cars involved settled out of court. While some left the scene in ambulance none sustained permanent injuries as I have. Any thoughts, questions, concerns would be helpful and I’d appreciate it. I’m not trying to financially ruin this company, I just want medical bills covered and such and those bills will be over what his insurance can cover given the other payouts and the fact this company has jumped from insurance provider to insurance provider because they keep getting dropped.
g2l069q
g2kt27g
1,598,190,728
1,598,185,345
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If you don't like your lawyer you can and should find new ones. It's very unusual for a client in a car wreck case to be doing research on recovery. It's all going to be handled by insurance, and you're very unlikely to recover against the owners/drivers personally.
If you don’t like your free representation you can pay for ones you do. You’re unlikely to find non family to take this for free but might find a personal injury lawyer who will take the case on contingency.
1
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zqylj0
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Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j12a473
j113kzh
1,671,593,350
1,671,574,304
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Your post is missing some possessive pronouns, and I'm a bit confused, can you clarify if you mean: > *[A]* Dealership lent **MY** car to unlicensed individual who caused *[an]* accident **WITH SOMEONE ELSE'S VEHICLE**. or > *[A]* Dealership lent **A** car to *[an]* unlicensed individual who caused *[an]* accident **BY HITTING MY VEHICLE**.
What sort of paperwork did you sign when you took the dealerships insurance money? Because in any normal transaction like this you would have been required to settle your claims against the dealer in exchange for that money. If you settled against the dealer, then they're out and you cannot get any more money from them. Your only option would be the motorist that hit you and/or a claim against your UM/UIM coverage.
1
19,046
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zqylj0
legaladvice_train
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Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j12a473
j10pa4f
1,671,593,350
1,671,568,642
202
37
Your post is missing some possessive pronouns, and I'm a bit confused, can you clarify if you mean: > *[A]* Dealership lent **MY** car to unlicensed individual who caused *[an]* accident **WITH SOMEONE ELSE'S VEHICLE**. or > *[A]* Dealership lent **A** car to *[an]* unlicensed individual who caused *[an]* accident **BY HITTING MY VEHICLE**.
Just to clarify and verify: You dropped off the car that you own at the dealership. The dealership had an unlicensed employee drive the car. That person wrecked the car. Is this an accurate summary? ​ You should be pursuing both the individual and the dealership.
1
24,708
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zqylj0
legaladvice_train
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Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j10p9hh
j12a473
1,671,568,636
1,671,593,350
16
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It’s possible in theory to make a claim for negligent entrustment against a vehicle owner or possessor who provides vehicle to person who injures you. No clue whether you could make a successful negligent entrustment claim here on these facts (often the person has to be intoxicated, a minor, etc). But if you have uncompensated damages it would be worth discussing with a plaintiff’s personal injury attorney. The consultation should be free and fee structure should be contingency fee. Best of luck to you.
Your post is missing some possessive pronouns, and I'm a bit confused, can you clarify if you mean: > *[A]* Dealership lent **MY** car to unlicensed individual who caused *[an]* accident **WITH SOMEONE ELSE'S VEHICLE**. or > *[A]* Dealership lent **A** car to *[an]* unlicensed individual who caused *[an]* accident **BY HITTING MY VEHICLE**.
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Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j1174mc
j12a473
1,671,575,779
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202
Why was the dealer's coverage limited? Did the value of your car exceed some limit on their insurance coverage? What else do you think think that you're owed? Did you sign a release for their insurance payment? What written reason for the shortage do you have for the insurer?
Your post is missing some possessive pronouns, and I'm a bit confused, can you clarify if you mean: > *[A]* Dealership lent **MY** car to unlicensed individual who caused *[an]* accident **WITH SOMEONE ELSE'S VEHICLE**. or > *[A]* Dealership lent **A** car to *[an]* unlicensed individual who caused *[an]* accident **BY HITTING MY VEHICLE**.
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Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j12a473
j11b0rs
1,671,593,350
1,671,577,410
202
3
Your post is missing some possessive pronouns, and I'm a bit confused, can you clarify if you mean: > *[A]* Dealership lent **MY** car to unlicensed individual who caused *[an]* accident **WITH SOMEONE ELSE'S VEHICLE**. or > *[A]* Dealership lent **A** car to *[an]* unlicensed individual who caused *[an]* accident **BY HITTING MY VEHICLE**.
What was the amount of the coverage and what is the amount of your damages?
1
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zqylj0
legaladvice_train
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Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j113kzh
j10pa4f
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What sort of paperwork did you sign when you took the dealerships insurance money? Because in any normal transaction like this you would have been required to settle your claims against the dealer in exchange for that money. If you settled against the dealer, then they're out and you cannot get any more money from them. Your only option would be the motorist that hit you and/or a claim against your UM/UIM coverage.
Just to clarify and verify: You dropped off the car that you own at the dealership. The dealership had an unlicensed employee drive the car. That person wrecked the car. Is this an accurate summary? ​ You should be pursuing both the individual and the dealership.
1
5,662
2.135135
zqylj0
legaladvice_train
0.84
Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j113kzh
j10p9hh
1,671,574,304
1,671,568,636
79
16
What sort of paperwork did you sign when you took the dealerships insurance money? Because in any normal transaction like this you would have been required to settle your claims against the dealer in exchange for that money. If you settled against the dealer, then they're out and you cannot get any more money from them. Your only option would be the motorist that hit you and/or a claim against your UM/UIM coverage.
It’s possible in theory to make a claim for negligent entrustment against a vehicle owner or possessor who provides vehicle to person who injures you. No clue whether you could make a successful negligent entrustment claim here on these facts (often the person has to be intoxicated, a minor, etc). But if you have uncompensated damages it would be worth discussing with a plaintiff’s personal injury attorney. The consultation should be free and fee structure should be contingency fee. Best of luck to you.
1
5,668
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zqylj0
legaladvice_train
0.84
Dealership lent car to unlicensed individual who caused accident. Can I pursue payment for damages outside of accident insurance? Located in colorado. The dealership lent car to an unlicensed and uninsured driver. The driver was responsible for accident. Dealership’s insurance covered but only to a certain amount that does not cover everything. Would I be able to pursue the dealership itself for negligence in giving the driver a vehicle without a license or insurance?
j10pa4f
j10p9hh
1,671,568,642
1,671,568,636
37
16
Just to clarify and verify: You dropped off the car that you own at the dealership. The dealership had an unlicensed employee drive the car. That person wrecked the car. Is this an accurate summary? ​ You should be pursuing both the individual and the dealership.
It’s possible in theory to make a claim for negligent entrustment against a vehicle owner or possessor who provides vehicle to person who injures you. No clue whether you could make a successful negligent entrustment claim here on these facts (often the person has to be intoxicated, a minor, etc). But if you have uncompensated damages it would be worth discussing with a plaintiff’s personal injury attorney. The consultation should be free and fee structure should be contingency fee. Best of luck to you.
1
6
2.3125
9dfura
legaladvice_train
0.85
Ca, USA. Intellectual property issue. Made a design on my time that I used for work to create some objects. Now they want my design for free. I want to charge. Can they force me to give it to them? Basically made a vector file to be transformed into an object using work tools. Designed the object myself on my time not at work, made it at work to help em out. Now they want more of em but want the file and someone else to make em. I feel I should be compensated as I created it and was not told to do so as a work function, but merely offered the objects for free for what they needed. I feel I should get a standard rate for graphics design, since once I provide the file they can make millions of the objects if so desired, where when I made them at work at least I was being paid hourly to be at work. Thoughts? Do I have rights to my own design still?
e5hjds3
e5hhaka
1,536,229,363
1,536,224,909
12
3
Take a good look at your employment contract. If this sort of design work is part of your normal duties, there's likely a clause in your contract which stipulates whether or not this sort of work is rendered company property.
Generally, if you were not hired to invent and you have not assigned your rights to them via contract what you do on your own time is yours. If you built something for them on the clock they may have a shop right to continue to use it but they can't force you to give them what's yours. You can try to negotiate a royalty or you may want to consider patenting your invention, if that is applicable.
1
4,454
4
z3m2e4
legaladvice_train
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NY. Landlord evicting in middle of lease because of permit issue with town. Long Island, suffolk county-House was built 25 years ago, and divided into main (upstairs) and accessory apartment (downstairs, me.) Upstairs are the tenants that lived downstairs shortly after build until I moved in August 2006, and I have had leases every year since (current lease ends 6/30/2023.) Landlord has sent eviction notice that simply states notice to vacate without details. Landlord states that the builder of the house (landlord's friend, of course) lied on the application, or there was a miscommunication with the permit department of the town. Town laws for accessory apartment (Town of Huntington, if that matters) are limited to 650 sq. ft. Apartment is and always has been 1037 sq. ft. not including closets or bathroom. 2 bedrooms, 1 bath, large living/dining/kitchen area. Walling off a bedroom will still be over the allowed limit. Landlord states town is forcing them to remove apartment (essentially remove kitchen and re-create stair access between 1st and 2nd floors) and evict both upstairs and downstairs tenants. I don't know if they have a lease upstairs, but I definitely do. What are my legal options here, and if I need to consult an attorney, please let me know which type of attorney specialization needs to be contacted. Thank you for your time!
ixmsxch
ixmkx2k
1,669,310,204
1,669,306,782
89
42
Consult an attorney who specializes in landlord /tenant issues. You may be entitled to return of part/all of your rent if the domicile is not legal. If a domicile is not legal/approved then a landlord can't legally accept rent.
For an apartment situation such as this it would be wise to at least get a 30 min consult(if not longer) with an attorney specializing in tenant/landlord law. This is a very complicated scenario since you’ve been there 16 years paying for a 1000sqft apartment that per city code/permitting should have only been 650sqft. From there they should be able to advise further if this is a situation where you can offer your landlord a “cash for keys” alternative, go to court over an eviction notice or another alternative entirely.
1
3,422
2.119048
z3m2e4
legaladvice_train
0.92
NY. Landlord evicting in middle of lease because of permit issue with town. Long Island, suffolk county-House was built 25 years ago, and divided into main (upstairs) and accessory apartment (downstairs, me.) Upstairs are the tenants that lived downstairs shortly after build until I moved in August 2006, and I have had leases every year since (current lease ends 6/30/2023.) Landlord has sent eviction notice that simply states notice to vacate without details. Landlord states that the builder of the house (landlord's friend, of course) lied on the application, or there was a miscommunication with the permit department of the town. Town laws for accessory apartment (Town of Huntington, if that matters) are limited to 650 sq. ft. Apartment is and always has been 1037 sq. ft. not including closets or bathroom. 2 bedrooms, 1 bath, large living/dining/kitchen area. Walling off a bedroom will still be over the allowed limit. Landlord states town is forcing them to remove apartment (essentially remove kitchen and re-create stair access between 1st and 2nd floors) and evict both upstairs and downstairs tenants. I don't know if they have a lease upstairs, but I definitely do. What are my legal options here, and if I need to consult an attorney, please let me know which type of attorney specialization needs to be contacted. Thank you for your time!
ixmsxch
ixmalgl
1,669,310,204
1,669,302,199
89
29
Consult an attorney who specializes in landlord /tenant issues. You may be entitled to return of part/all of your rent if the domicile is not legal. If a domicile is not legal/approved then a landlord can't legally accept rent.
Search "cash for keys" here in this community to see what previous posters have advised those in similar situations.
1
8,005
3.068966
z3m2e4
legaladvice_train
0.92
NY. Landlord evicting in middle of lease because of permit issue with town. Long Island, suffolk county-House was built 25 years ago, and divided into main (upstairs) and accessory apartment (downstairs, me.) Upstairs are the tenants that lived downstairs shortly after build until I moved in August 2006, and I have had leases every year since (current lease ends 6/30/2023.) Landlord has sent eviction notice that simply states notice to vacate without details. Landlord states that the builder of the house (landlord's friend, of course) lied on the application, or there was a miscommunication with the permit department of the town. Town laws for accessory apartment (Town of Huntington, if that matters) are limited to 650 sq. ft. Apartment is and always has been 1037 sq. ft. not including closets or bathroom. 2 bedrooms, 1 bath, large living/dining/kitchen area. Walling off a bedroom will still be over the allowed limit. Landlord states town is forcing them to remove apartment (essentially remove kitchen and re-create stair access between 1st and 2nd floors) and evict both upstairs and downstairs tenants. I don't know if they have a lease upstairs, but I definitely do. What are my legal options here, and if I need to consult an attorney, please let me know which type of attorney specialization needs to be contacted. Thank you for your time!
ixmkx2k
ixmalgl
1,669,306,782
1,669,302,199
42
29
For an apartment situation such as this it would be wise to at least get a 30 min consult(if not longer) with an attorney specializing in tenant/landlord law. This is a very complicated scenario since you’ve been there 16 years paying for a 1000sqft apartment that per city code/permitting should have only been 650sqft. From there they should be able to advise further if this is a situation where you can offer your landlord a “cash for keys” alternative, go to court over an eviction notice or another alternative entirely.
Search "cash for keys" here in this community to see what previous posters have advised those in similar situations.
1
4,583
1.448276
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifip7xd
ifismh2
1,657,400,996
1,657,402,548
256
739
Not a lawyer. 100% get a lawyer. Don’t touch the stuff until you can get advice. If possible live somewhere else while this goes down
Talk to the lawyer, and there are specialty 'restoration' companies that will clean up crime scenes, and possible contaminated things like this.
0
1,552
2.886719
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj1xpd
ifip7xd
1,657,406,867
1,657,400,996
470
256
Never EVER let a cop willingly into your house. You are best served waiting for them to make the first move here, they will tell you what is stolen and you will either provide it or inform them it's not there. Do not let them SEE it is not there, make them get a warrant. Do. Not. Ever. Trust. Cops. It is VERY IMPORTANT you internalize that message if you want to avoid troubles with the police.
Not a lawyer. 100% get a lawyer. Don’t touch the stuff until you can get advice. If possible live somewhere else while this goes down
1
5,871
1.835938
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj1xpd
ifiuwv1
1,657,406,867
1,657,403,598
470
145
Never EVER let a cop willingly into your house. You are best served waiting for them to make the first move here, they will tell you what is stolen and you will either provide it or inform them it's not there. Do not let them SEE it is not there, make them get a warrant. Do. Not. Ever. Trust. Cops. It is VERY IMPORTANT you internalize that message if you want to avoid troubles with the police.
Get a lawyer. The cops will take your house and laugh at you.
1
3,269
3.241379
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj1xpd
ifizpar
1,657,406,867
1,657,405,831
470
93
Never EVER let a cop willingly into your house. You are best served waiting for them to make the first move here, they will tell you what is stolen and you will either provide it or inform them it's not there. Do not let them SEE it is not there, make them get a warrant. Do. Not. Ever. Trust. Cops. It is VERY IMPORTANT you internalize that message if you want to avoid troubles with the police.
I mean If you want the state to possibly press more charges against your mom then sure invite them in and make them coffee. Cops aren’t your friends. Their job is to charge people. If they find illegal things they’re not just gonna get rid of it for you. Not to mention that if your mom has a good lawyer the first argument is going to be “how do you prove you didn’t plant it”. And now you’re involved trying to prove your innocence.
1
1,036
5.053763
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj1xpd
ifiwo41
1,657,406,867
1,657,404,425
470
93
Never EVER let a cop willingly into your house. You are best served waiting for them to make the first move here, they will tell you what is stolen and you will either provide it or inform them it's not there. Do not let them SEE it is not there, make them get a warrant. Do. Not. Ever. Trust. Cops. It is VERY IMPORTANT you internalize that message if you want to avoid troubles with the police.
Are you looking for your mom to pick up some additional charges? That seems like a good way to make that happen. Talk to a real-life in person criminal defense attorney and not internet dogs.
1
2,442
5.053763
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj1xpd
ifit1r2
1,657,406,867
1,657,402,742
470
73
Never EVER let a cop willingly into your house. You are best served waiting for them to make the first move here, they will tell you what is stolen and you will either provide it or inform them it's not there. Do not let them SEE it is not there, make them get a warrant. Do. Not. Ever. Trust. Cops. It is VERY IMPORTANT you internalize that message if you want to avoid troubles with the police.
I would suspect that since the cops already got their "man," they are done with the house. Hire an outfit that specializes in decontaminating houses such as a place where methamphetamine was cooked. I've seen several that needed to have that done. They "tent" the house and use a strong vacuum on the whole place, thus sucking out everything that can be. The test walls, floors, ceilings to check for residue. They have to be cleaned completely before anyone can re-inhabit the place.
1
4,125
6.438356
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifit1r2
ifiuwv1
1,657,402,742
1,657,403,598
73
145
I would suspect that since the cops already got their "man," they are done with the house. Hire an outfit that specializes in decontaminating houses such as a place where methamphetamine was cooked. I've seen several that needed to have that done. They "tent" the house and use a strong vacuum on the whole place, thus sucking out everything that can be. The test walls, floors, ceilings to check for residue. They have to be cleaned completely before anyone can re-inhabit the place.
Get a lawyer. The cops will take your house and laugh at you.
0
856
1.986301
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifizpar
ifj61st
1,657,405,831
1,657,408,818
93
99
I mean If you want the state to possibly press more charges against your mom then sure invite them in and make them coffee. Cops aren’t your friends. Their job is to charge people. If they find illegal things they’re not just gonna get rid of it for you. Not to mention that if your mom has a good lawyer the first argument is going to be “how do you prove you didn’t plant it”. And now you’re involved trying to prove your innocence.
Never invite the police into your home. Do not speak to the police. Get a lawyer and let them handle it. Police want to press charges not help.
0
2,987
1.064516
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifiwo41
ifj61st
1,657,404,425
1,657,408,818
93
99
Are you looking for your mom to pick up some additional charges? That seems like a good way to make that happen. Talk to a real-life in person criminal defense attorney and not internet dogs.
Never invite the police into your home. Do not speak to the police. Get a lawyer and let them handle it. Police want to press charges not help.
0
4,393
1.064516
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj61st
ifit1r2
1,657,408,818
1,657,402,742
99
73
Never invite the police into your home. Do not speak to the police. Get a lawyer and let them handle it. Police want to press charges not help.
I would suspect that since the cops already got their "man," they are done with the house. Hire an outfit that specializes in decontaminating houses such as a place where methamphetamine was cooked. I've seen several that needed to have that done. They "tent" the house and use a strong vacuum on the whole place, thus sucking out everything that can be. The test walls, floors, ceilings to check for residue. They have to be cleaned completely before anyone can re-inhabit the place.
1
6,076
1.356164
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj61st
ifj3o10
1,657,408,818
1,657,407,677
99
26
Never invite the police into your home. Do not speak to the police. Get a lawyer and let them handle it. Police want to press charges not help.
Not a lawyer - do not contact the police, you are in possession. Do not sell anything that might be stolen. Contact a lawyer if your uncomfortable throwing it out.
1
1,141
3.807692
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifizpar
ifit1r2
1,657,405,831
1,657,402,742
93
73
I mean If you want the state to possibly press more charges against your mom then sure invite them in and make them coffee. Cops aren’t your friends. Their job is to charge people. If they find illegal things they’re not just gonna get rid of it for you. Not to mention that if your mom has a good lawyer the first argument is going to be “how do you prove you didn’t plant it”. And now you’re involved trying to prove your innocence.
I would suspect that since the cops already got their "man," they are done with the house. Hire an outfit that specializes in decontaminating houses such as a place where methamphetamine was cooked. I've seen several that needed to have that done. They "tent" the house and use a strong vacuum on the whole place, thus sucking out everything that can be. The test walls, floors, ceilings to check for residue. They have to be cleaned completely before anyone can re-inhabit the place.
1
3,089
1.273973
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifiwo41
ifit1r2
1,657,404,425
1,657,402,742
93
73
Are you looking for your mom to pick up some additional charges? That seems like a good way to make that happen. Talk to a real-life in person criminal defense attorney and not internet dogs.
I would suspect that since the cops already got their "man," they are done with the house. Hire an outfit that specializes in decontaminating houses such as a place where methamphetamine was cooked. I've seen several that needed to have that done. They "tent" the house and use a strong vacuum on the whole place, thus sucking out everything that can be. The test walls, floors, ceilings to check for residue. They have to be cleaned completely before anyone can re-inhabit the place.
1
1,683
1.273973
vv9wny
legaladvice_train
0.96
Mom went to prison and there's possibly still paraphernalia and stolen goods in the house I'm unsure which flair fits here so I'll change it if I'm told to. My wife and I are moving into my mom's house while she is in prison, the only problem is that we have already found paraphernalia and have been informed that the shed is full of stolen goods. I've been talking with my grandmother about how to handle this and we think having the police do a sweep of the house might be a good idea but we don't know. Would that be a good idea? I don't know what else we could do. We are in Arkansas if that changes the answers you can give. Any and all help will be greatly appreciated.
ifj3o10
ifj83jj
1,657,407,677
1,657,409,810
26
46
Not a lawyer - do not contact the police, you are in possession. Do not sell anything that might be stolen. Contact a lawyer if your uncomfortable throwing it out.
Do NOT call the police. Call a lawyer
0
2,133
1.769231
za0jy4
legaladvice_train
0.93
Friend rented uhaul and moved my house for me. Everything was stolen. So, some context first. The uhaul was in friends' names. Insurance in their name. Everything inside was mine. Police report was filed. I'm disabled and can't drive it with small children. The location of the issue is Washington state. Before reaching the final destination (was nearby but stopped for sleep), everything was stolen and vandalized. Uhaul insurance does not cover theft anymore. They suggested we go to friends renters insurance. Friend is taking full responsibility for the loss of my belongings. Can they file a liability claim under their renters insurance because he was responsible for someone else's belongings during that time, or am I royally screwed? We are just trying to find the best way to move forward.
iyk9nly
iyjk2cg
1,669,941,600
1,669,930,545
89
74
You need to be the one insured, for your own property and property loss. Any insurance your friend has, may only be liable for coverage, if it was your friend’s property lost or if your friend is found liable for any negligence in the course of handling your property and your friend was hired and paid to handle your property. Otherwise, any liability is not clearly defined. You will need to establish clear and convincing evidence, your friend was negligent, while he was in possession of your property in order to file any claim(s) against his insurer(s). Was your friend’s action(s) in the course of handling your property, actually clearly negligent in anyway(s)? Contact your county bar association, lawyer referral service for referrals to experienced and competent attorneys, for legal counsel and representation.
It seems incredibly unlikely friend’s renter’s insurance would pay here. Especially as a liability claim (it isn’t really clear friend has any). I guess there’s no harm in asking.
1
11,055
1.202703
za0jy4
legaladvice_train
0.93
Friend rented uhaul and moved my house for me. Everything was stolen. So, some context first. The uhaul was in friends' names. Insurance in their name. Everything inside was mine. Police report was filed. I'm disabled and can't drive it with small children. The location of the issue is Washington state. Before reaching the final destination (was nearby but stopped for sleep), everything was stolen and vandalized. Uhaul insurance does not cover theft anymore. They suggested we go to friends renters insurance. Friend is taking full responsibility for the loss of my belongings. Can they file a liability claim under their renters insurance because he was responsible for someone else's belongings during that time, or am I royally screwed? We are just trying to find the best way to move forward.
iynukfw
iynf55g
1,670,011,139
1,670,004,938
6
4
Maybe check Washington state victim funds. Sometimes there are gov benefits that will help out.
It may be best to ask this question over in /r/insurance.
1
6,201
1.5
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij6nfrr
ij6m4us
1,659,793,289
1,659,792,641
969
70
You can talk to a civil attorney in your area about pursuing the company for how this has affected your property value. Should expect it may take a while to sort out actual damages. You are unlikely to recoup the full amount you recently paid
You're not going to be able to sue them for the value of your entire property, and quite honestly it's too early to tell if you'll have any damages at all.
1
648
13.842857
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij6wxpn
ij6m4us
1,659,797,687
1,659,792,641
278
70
Long term, it may cost less to pay a penalty and get out of the contract. The alternative is to live in a contaminated area, risking your life, and the health of your children while pursuing legal action. Or, sell for a loss, cut bait and run so to speak. I doubt the time it would take to litigate this, or the financial burden incurred would make this fruitful. Short term, can you afford to make this mortgage payment and either rent or buy elsewhere? If the answer is no, and you won’t live at the new place, you’re going to have some maneuvering to do. I will say this, the long-standing saying with water pollution is “the answer to pollution is dilution “. If it’s a river, this dumping of chemicals may not be as severe as you think. It will flow downstream. Possibly to a level that is a non concern to anyones health Anywhere. A quick read on the Huron river spill states no testing has even been completed, only samples have been taken. You’re putting the cart before the horse, there is no information on the severity of the spill. It might be very minimal, the river closure is a precaution currently.
You're not going to be able to sue them for the value of your entire property, and quite honestly it's too early to tell if you'll have any damages at all.
1
5,046
3.971429
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij6qpmq
ij6wxpn
1,659,794,875
1,659,797,687
26
278
Did you buy this property knowing it was contaminated?your real estate attorney should be the first phone call.
Long term, it may cost less to pay a penalty and get out of the contract. The alternative is to live in a contaminated area, risking your life, and the health of your children while pursuing legal action. Or, sell for a loss, cut bait and run so to speak. I doubt the time it would take to litigate this, or the financial burden incurred would make this fruitful. Short term, can you afford to make this mortgage payment and either rent or buy elsewhere? If the answer is no, and you won’t live at the new place, you’re going to have some maneuvering to do. I will say this, the long-standing saying with water pollution is “the answer to pollution is dilution “. If it’s a river, this dumping of chemicals may not be as severe as you think. It will flow downstream. Possibly to a level that is a non concern to anyones health Anywhere. A quick read on the Huron river spill states no testing has even been completed, only samples have been taken. You’re putting the cart before the horse, there is no information on the severity of the spill. It might be very minimal, the river closure is a precaution currently.
0
2,812
10.692308
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij6m4us
ij7e7a2
1,659,792,641
1,659,804,984
70
88
You're not going to be able to sue them for the value of your entire property, and quite honestly it's too early to tell if you'll have any damages at all.
If you or the HOA wants to engage in testing for legal reasons, you should NOT scoop up some water into a container and then contact a laboratory. Hexavalent chromium has a slightly different set of testing procedures to most metals. Because of this, many labs will send the client a specific sort of bottle that already contains a little stabilising preservative. If you use a different container, the company who dumped the chemical could argue in court that the results are invalid. Also, let the lab know the results will likely be used in a legal case; I am not sure if extra paperwork is required/recommended in Michigan, but it is in many places. The paperwork may also list the compound as hexachrome or Cr+6, so don't be surprised at the shorter forms. The lab will probably include instructions, but just in case: the person grabbing the water sample should wear gloves, but you don't need a full body hazmat suit. Hexachrome is only a risk with direct skin contact. (The testing lab I worked for had to handle this sort of testing for legal purposes occasionally.)
0
12,343
1.257143
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij7ciyy
ij7e7a2
1,659,804,296
1,659,804,984
58
88
You might be okay, don’t get ahead of things just yet. https://michiganadvance.com/blog/early-results-show-no-signs-of-contamination-following-huron-river-hexavalent-chromium-spill/
If you or the HOA wants to engage in testing for legal reasons, you should NOT scoop up some water into a container and then contact a laboratory. Hexavalent chromium has a slightly different set of testing procedures to most metals. Because of this, many labs will send the client a specific sort of bottle that already contains a little stabilising preservative. If you use a different container, the company who dumped the chemical could argue in court that the results are invalid. Also, let the lab know the results will likely be used in a legal case; I am not sure if extra paperwork is required/recommended in Michigan, but it is in many places. The paperwork may also list the compound as hexachrome or Cr+6, so don't be surprised at the shorter forms. The lab will probably include instructions, but just in case: the person grabbing the water sample should wear gloves, but you don't need a full body hazmat suit. Hexachrome is only a risk with direct skin contact. (The testing lab I worked for had to handle this sort of testing for legal purposes occasionally.)
0
688
1.517241
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij6qpmq
ij7e7a2
1,659,794,875
1,659,804,984
26
88
Did you buy this property knowing it was contaminated?your real estate attorney should be the first phone call.
If you or the HOA wants to engage in testing for legal reasons, you should NOT scoop up some water into a container and then contact a laboratory. Hexavalent chromium has a slightly different set of testing procedures to most metals. Because of this, many labs will send the client a specific sort of bottle that already contains a little stabilising preservative. If you use a different container, the company who dumped the chemical could argue in court that the results are invalid. Also, let the lab know the results will likely be used in a legal case; I am not sure if extra paperwork is required/recommended in Michigan, but it is in many places. The paperwork may also list the compound as hexachrome or Cr+6, so don't be surprised at the shorter forms. The lab will probably include instructions, but just in case: the person grabbing the water sample should wear gloves, but you don't need a full body hazmat suit. Hexachrome is only a risk with direct skin contact. (The testing lab I worked for had to handle this sort of testing for legal purposes occasionally.)
0
10,109
3.384615
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij7e7a2
ij75x41
1,659,804,984
1,659,801,528
88
15
If you or the HOA wants to engage in testing for legal reasons, you should NOT scoop up some water into a container and then contact a laboratory. Hexavalent chromium has a slightly different set of testing procedures to most metals. Because of this, many labs will send the client a specific sort of bottle that already contains a little stabilising preservative. If you use a different container, the company who dumped the chemical could argue in court that the results are invalid. Also, let the lab know the results will likely be used in a legal case; I am not sure if extra paperwork is required/recommended in Michigan, but it is in many places. The paperwork may also list the compound as hexachrome or Cr+6, so don't be surprised at the shorter forms. The lab will probably include instructions, but just in case: the person grabbing the water sample should wear gloves, but you don't need a full body hazmat suit. Hexachrome is only a risk with direct skin contact. (The testing lab I worked for had to handle this sort of testing for legal purposes occasionally.)
Michigan may have a state department for environmental protection who you could call to get more info on the cleanup process and the time it would take to cleanup this contamination.
1
3,456
5.866667
who8zr
legaladvice_train
0.96
I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
ij7ciyy
ij6qpmq
1,659,804,296
1,659,794,875
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You might be okay, don’t get ahead of things just yet. https://michiganadvance.com/blog/early-results-show-no-signs-of-contamination-following-huron-river-hexavalent-chromium-spill/
Did you buy this property knowing it was contaminated?your real estate attorney should be the first phone call.
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I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
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You might be okay, don’t get ahead of things just yet. https://michiganadvance.com/blog/early-results-show-no-signs-of-contamination-following-huron-river-hexavalent-chromium-spill/
Michigan may have a state department for environmental protection who you could call to get more info on the cleanup process and the time it would take to cleanup this contamination.
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I just signed the papers on a house next to a river that a company illegally dumped cancer causing hexavalent chromium into. The city has shut down access to the local lakes and waterways. How do I start a civil lawsuit for the value of my property? I no longer have an interest of living in the house I just bought. My back yard is the riverbank and I have young kids. Michigan is the state.
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Based on what all you wrote, I would think you would need several attorneys, or one who is knowledgeable in different areas of the law. There is the one for the civil suit against the company who polluted the river. But that is only part, then you will also need an attorney who specializes in Real Estate, as you need to know how much of your property is contaminated via leeching from the river, that also means dealing with both state and federal government. You also need one who has the experience to deal with the state and federal governments, as that is going to be important to you and your neighbors. And finally one for the HOA. What if the government comes in and it is determined that the land is contaminated from the leeching and you are forced to move, would you still be required to pay dues, deal with all of the HOA stuff, during that time frame? So you are going to have to find several attorneys and you will want to contact your state Bar association for assistance on this one, to help you get in touch with the right lawyers who specialize in various areas, and who may be well versed in several of the others, like say a Real estate attorney who not only deals with HOA's but also environmental and governmental issues as well. Good luck OP.
When was the dumping discovered? Did the previous owners know? What is the contamination level on the waterways and the probability of being reopened. I hate to be that guy but you probably don't have the damages you think you do. The waterways are not part of your property and while they may have made it more attractive to you you are not being robbed of your ability to live in your home. As others have stated speak with a civil attorney. If they think there is enough meat on that bone for 30% of it they might take it.
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I got of of SSI disability over a year ago and am working full time. Now the SSA is doing a redetermination of my case and trying to force me to continue to receive benifits. I got off of SSI disability over one year ago. I got paperwork saying they need me to fill out information about my disability case and go through the entire process.. I called and told them I have no interest in receiving any government benefits and I don't need them because I'm no longer disabled. They said "it doesn't matter if you want them or not, that is up to us". Is this true? Am I legally required to go through the entire disability process and take off time from work to go to their doctors again even though I have no interest in being on disability? Thanks. I'm in Missouri, United States.
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This is my area of expertise! If you don't respond, they will likely close your case. Reasons why you may want to comply: work is not a disqualification for SSI. If you were disabled for a non-curable condition, and you are still engaged with treatment (that's negotiable), you can still be eligible for SSI. This matters! You have a 5 year clock running from month after you stopped receiving even a dollar of SSI. If in that 5 year period you lose your job, you can call Social Security and they will automatically start your check the next month. They'll pay 6 months of SSI while they review your case (it's the expedited reinstatement period). If they deny you, you don't have to repay those months. You can do this if you quit, get fired, get laid off, anything at all. It's a great safety net! You are also still qualified for a couple of special SSI programs, like a PASS (plan to achieve self sufficiency). You can set aside your earnings, get some SSI to offset that, and save up for a car in an account even the IRS ignores. But yeah, medical reviews are a pain in the ass and it may still not be worth it to you. In that case, ignore it and they'll close your case sooner.
This is from Nolo, which is respectable: Work while receiving SSI disability The takeaway from this is that "In a nutshell, you can make about $1,600 a month before your SSI benefit is reduced to zero." So notifying them about the earned income should then allow them to close the case, at least for now if that is your choice. One reason I can see for the SSA asking you to continue with this process is the possibility that at some point your job will end, and then you would already be set in the system to receive benefits without delay.
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I got of of SSI disability over a year ago and am working full time. Now the SSA is doing a redetermination of my case and trying to force me to continue to receive benifits. I got off of SSI disability over one year ago. I got paperwork saying they need me to fill out information about my disability case and go through the entire process.. I called and told them I have no interest in receiving any government benefits and I don't need them because I'm no longer disabled. They said "it doesn't matter if you want them or not, that is up to us". Is this true? Am I legally required to go through the entire disability process and take off time from work to go to their doctors again even though I have no interest in being on disability? Thanks. I'm in Missouri, United States.
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If you're working full time, your case is suspended due to income. The good thing about this type of suspense is that you can get right back on benefits of you go under the income limit. If you miss the redetermination, they will suspend you as "failure to cooperate." If this happens, you have one year to contact the agency in order to get reinstated, otherwise it is a new application. If SSI suspends your benefits, your Medicaid will stop and you will have to refile with the state. If you're not using the Medicaid and are certain you will keep your job long term, then skip the redetermination and see what happens.
This is my area of expertise! If you don't respond, they will likely close your case. Reasons why you may want to comply: work is not a disqualification for SSI. If you were disabled for a non-curable condition, and you are still engaged with treatment (that's negotiable), you can still be eligible for SSI. This matters! You have a 5 year clock running from month after you stopped receiving even a dollar of SSI. If in that 5 year period you lose your job, you can call Social Security and they will automatically start your check the next month. They'll pay 6 months of SSI while they review your case (it's the expedited reinstatement period). If they deny you, you don't have to repay those months. You can do this if you quit, get fired, get laid off, anything at all. It's a great safety net! You are also still qualified for a couple of special SSI programs, like a PASS (plan to achieve self sufficiency). You can set aside your earnings, get some SSI to offset that, and save up for a car in an account even the IRS ignores. But yeah, medical reviews are a pain in the ass and it may still not be worth it to you. In that case, ignore it and they'll close your case sooner.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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It is not legal to withhold a final paycheck for refusing to sign an agreement under the FLSA. Impossible to know your options if that happens without your location and if you signed an arbitration agreement that covers labor issues.
as long as you didn't' agree to sing the repayment agreement before taking the class then her withholding your last check is illegal. Check the requirements for your state that list final check rules. typically an employer is required to give your last check within a certain timeframe and if they don't many times there are large fines or penalties for failing to give you your final check.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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Don't sign the agreement. If she tries to withhold your paycheck for any reason contact dol.
as long as you didn't' agree to sing the repayment agreement before taking the class then her withholding your last check is illegal. Check the requirements for your state that list final check rules. typically an employer is required to give your last check within a certain timeframe and if they don't many times there are large fines or penalties for failing to give you your final check.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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It is not legal to withhold a final paycheck for refusing to sign an agreement under the FLSA. Impossible to know your options if that happens without your location and if you signed an arbitration agreement that covers labor issues.
Don't sign the agreement. If she tries to withhold your paycheck for any reason contact dol.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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Don't sign the agreement. If she tries to withhold your paycheck for any reason contact dol.
Seems like they fucked up and didn’t get your signature before and are trying to fix their mistake. I had to sign one of these for tuition help from work, before they gave me the money.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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If you didn’t agree to the repayment you likely cannot be forced to repay it and they can’t withhold it. There are lots of laws related to when a final check needs to be cut which are location dependent.
Seems like they fucked up and didn’t get your signature before and are trying to fix their mistake. I had to sign one of these for tuition help from work, before they gave me the money.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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Don't sign the agreement. If she tries to withhold your paycheck for any reason contact dol.
Ok, here’s what really happened: your boss got sold some bullshit from some “coaches” and then they sent her an invoice and she didn’t get her what the costs actually were and is trying to transfer them to you. You are absolutely not on the hook for the costs UNLESS you signed. If you signed, it’s more complicated. No matter what; you need to bail. This office lacks liquidity and will struggle to pay you, no matter what, in the next few weeks.
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My employer asked me to take a specialty course they paid for. 6 weeks later I was told to sign a repayment agreement. Can I be forced to repay it if I quit? I work in a small office. The owner one day decided we should all take specialty courses that cost about $2000 each. We were asked if wanted to take it or not. That was the extent of the discussion. Those of us who said yes had the courses paid for that day. 6 weeks later, she decided we all had to sign repayment agreements where if we left the company within the next 12 months we had to repay the course. I'm ready to move on (at 9 months) but she's threatening to withhold my final paycheck based on that agreement. Is this typically legal?
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If you didn’t agree to the repayment you likely cannot be forced to repay it and they can’t withhold it. There are lots of laws related to when a final check needs to be cut which are location dependent.
Ok, here’s what really happened: your boss got sold some bullshit from some “coaches” and then they sent her an invoice and she didn’t get her what the costs actually were and is trying to transfer them to you. You are absolutely not on the hook for the costs UNLESS you signed. If you signed, it’s more complicated. No matter what; you need to bail. This office lacks liquidity and will struggle to pay you, no matter what, in the next few weeks.
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(IN) My aunt followed me into a dressing room and refused to leave. I am a minor. Is this legal? Okay, this might be a little long. I am a 16 year old girl and I went back to school shopping with my Aunt, Mother, and younger brother. My aunt is 38. For privacy reasons, this took place at a store we will call, the “O” store. This happened this past afternoon. The O store is one of my favorite places to get clothes, especially for back to school shopping. My mother decided to take us there since school starts in a week and a half or so, and my aunt came along as well. My mother and brother went to pick out clothes for him, and my aunt stuck with me. I ended up picking out a few things, and decided it was time to head to the dressing room to try things on. We made our way to the dressing rooms and followed me into one of them. I was confused as she stepped in as well and politely asked her if she would leave so I could change, and she refused. I was very uncomfortable with her being in there, so I told her that. She still didn’t leave the dressing room and began to raise her voice at me, telling me that “You’re still a child, and it’s not like I haven’t seen you before. It’s no big deal.” I reiterated that I was uncomfortable with her being in the dressing room and that I’d appreciate if she stepped out and allowed me to change by myself, and she began to yell and curse at me. She said “You are a CHILD, your opinions do not need to be [Explicit word that starts with F]-ing Heard, [Explicit word that starts with F]-ing acknowledged, OR [Explicit word that starts with F]-ing respected.” I began to tear up, as the yelling continued, I continued to ask her to leave the dressing room until she raises a hand as though she’s going to hit me. After more yelling, cursing, and threats, I ended up having to change in front of her and was crying the entire time. After my aunt left, I told my mother what happened and she was beyond upset. She apologized for allowing my aunt to do that to me, and told me she would talk with her about it. I know it’s not particularly right to argue with adults, especially family members, but nothing about being in that dressing room seemed legal and if it is, I don’t think it should be. I would understand her wanting to be in the dressing room with her own child if said child was about under the age of 5 or 6, considering that children of that age are dependent on their parents, but I’m 16. I’m practically an adult. I’m done growing and developing. I have a mature body and I feel like my body should be treated like one.
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OP I’m so sorry your aunt acted that way. That’s inexcusable. And while I see there are varying opinions presented here, I will say that the outcome can also vary widely. You have every right to call the police and make a report. Beyond that, there is not a lot of certainty. If you have a police force that reacts to every little thing, they may very well start a full investigation. Or perhaps it will do nothing because they are tired or understaffed or don’t feel like it or they don’t think it’s a big deal. Again, it is entirely pendant upon how the police feel like reacting. I would though like to add that if your aunt works with children in any capacity (Teacher, therapist, nurse, counselor, school librarian, sports coach, daycare worker, etc) you may want to report to your state’s child protection. For starters, anyone who works with kids at all should be a mandated reporter. Mandated reporters are people who are required to report to the authorities if they suspect or are told about ANY possible child abuse. A mandated reporter should absolutely never have the opinion that a child’s words are not to be heard, acknowledged, or respected. Nor should they treat a child the way you were treated.
I want to point out that what your aunt did is explicitly a crime, which is intimidation, a Class A misdemeanor. Whether the police would actually charge it, no one here can say. People like your Aunt tend to double down when they get called out for their behavior and face consequences. That means that if you choose to contact the police (which I, personally, suggest, given that she threatened physical abuse), it would give ammunition to a restraining order if she continued harassing you. Either way, from here on out, you and your mother should save anything she texts or emails you, and decide whether you want to pursue it with the police for either a charge or a restraining order.
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(IN) My aunt followed me into a dressing room and refused to leave. I am a minor. Is this legal? Okay, this might be a little long. I am a 16 year old girl and I went back to school shopping with my Aunt, Mother, and younger brother. My aunt is 38. For privacy reasons, this took place at a store we will call, the “O” store. This happened this past afternoon. The O store is one of my favorite places to get clothes, especially for back to school shopping. My mother decided to take us there since school starts in a week and a half or so, and my aunt came along as well. My mother and brother went to pick out clothes for him, and my aunt stuck with me. I ended up picking out a few things, and decided it was time to head to the dressing room to try things on. We made our way to the dressing rooms and followed me into one of them. I was confused as she stepped in as well and politely asked her if she would leave so I could change, and she refused. I was very uncomfortable with her being in there, so I told her that. She still didn’t leave the dressing room and began to raise her voice at me, telling me that “You’re still a child, and it’s not like I haven’t seen you before. It’s no big deal.” I reiterated that I was uncomfortable with her being in the dressing room and that I’d appreciate if she stepped out and allowed me to change by myself, and she began to yell and curse at me. She said “You are a CHILD, your opinions do not need to be [Explicit word that starts with F]-ing Heard, [Explicit word that starts with F]-ing acknowledged, OR [Explicit word that starts with F]-ing respected.” I began to tear up, as the yelling continued, I continued to ask her to leave the dressing room until she raises a hand as though she’s going to hit me. After more yelling, cursing, and threats, I ended up having to change in front of her and was crying the entire time. After my aunt left, I told my mother what happened and she was beyond upset. She apologized for allowing my aunt to do that to me, and told me she would talk with her about it. I know it’s not particularly right to argue with adults, especially family members, but nothing about being in that dressing room seemed legal and if it is, I don’t think it should be. I would understand her wanting to be in the dressing room with her own child if said child was about under the age of 5 or 6, considering that children of that age are dependent on their parents, but I’m 16. I’m practically an adult. I’m done growing and developing. I have a mature body and I feel like my body should be treated like one.
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OP I’m so sorry your aunt acted that way. That’s inexcusable. And while I see there are varying opinions presented here, I will say that the outcome can also vary widely. You have every right to call the police and make a report. Beyond that, there is not a lot of certainty. If you have a police force that reacts to every little thing, they may very well start a full investigation. Or perhaps it will do nothing because they are tired or understaffed or don’t feel like it or they don’t think it’s a big deal. Again, it is entirely pendant upon how the police feel like reacting. I would though like to add that if your aunt works with children in any capacity (Teacher, therapist, nurse, counselor, school librarian, sports coach, daycare worker, etc) you may want to report to your state’s child protection. For starters, anyone who works with kids at all should be a mandated reporter. Mandated reporters are people who are required to report to the authorities if they suspect or are told about ANY possible child abuse. A mandated reporter should absolutely never have the opinion that a child’s words are not to be heard, acknowledged, or respected. Nor should they treat a child the way you were treated.
I want you to know that your aunt committed crimes here. A few of them. You are absolutely right to be upset and none of this is your fault. Absolutely none of this is your fault. You are absolutely within your rights to expect your parents to help you file a police report. If you decide that’s what you want to do and your parents will not help you, go to an adult you trust at school or some other place where you feel safe and ask them for help. Many adults in those places are called “mandatory reporters” and if a kid comes to them and says they’re being abused, they must report it. I’m so sorry this happened to you. You don’t deserve to be treated like that.
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(IN) My aunt followed me into a dressing room and refused to leave. I am a minor. Is this legal? Okay, this might be a little long. I am a 16 year old girl and I went back to school shopping with my Aunt, Mother, and younger brother. My aunt is 38. For privacy reasons, this took place at a store we will call, the “O” store. This happened this past afternoon. The O store is one of my favorite places to get clothes, especially for back to school shopping. My mother decided to take us there since school starts in a week and a half or so, and my aunt came along as well. My mother and brother went to pick out clothes for him, and my aunt stuck with me. I ended up picking out a few things, and decided it was time to head to the dressing room to try things on. We made our way to the dressing rooms and followed me into one of them. I was confused as she stepped in as well and politely asked her if she would leave so I could change, and she refused. I was very uncomfortable with her being in there, so I told her that. She still didn’t leave the dressing room and began to raise her voice at me, telling me that “You’re still a child, and it’s not like I haven’t seen you before. It’s no big deal.” I reiterated that I was uncomfortable with her being in the dressing room and that I’d appreciate if she stepped out and allowed me to change by myself, and she began to yell and curse at me. She said “You are a CHILD, your opinions do not need to be [Explicit word that starts with F]-ing Heard, [Explicit word that starts with F]-ing acknowledged, OR [Explicit word that starts with F]-ing respected.” I began to tear up, as the yelling continued, I continued to ask her to leave the dressing room until she raises a hand as though she’s going to hit me. After more yelling, cursing, and threats, I ended up having to change in front of her and was crying the entire time. After my aunt left, I told my mother what happened and she was beyond upset. She apologized for allowing my aunt to do that to me, and told me she would talk with her about it. I know it’s not particularly right to argue with adults, especially family members, but nothing about being in that dressing room seemed legal and if it is, I don’t think it should be. I would understand her wanting to be in the dressing room with her own child if said child was about under the age of 5 or 6, considering that children of that age are dependent on their parents, but I’m 16. I’m practically an adult. I’m done growing and developing. I have a mature body and I feel like my body should be treated like one.
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I want you to know that your aunt committed crimes here. A few of them. You are absolutely right to be upset and none of this is your fault. Absolutely none of this is your fault. You are absolutely within your rights to expect your parents to help you file a police report. If you decide that’s what you want to do and your parents will not help you, go to an adult you trust at school or some other place where you feel safe and ask them for help. Many adults in those places are called “mandatory reporters” and if a kid comes to them and says they’re being abused, they must report it. I’m so sorry this happened to you. You don’t deserve to be treated like that.
Tell your mom if she doesn't handle it, you'll be filing a police report.
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(IN) My aunt followed me into a dressing room and refused to leave. I am a minor. Is this legal? Okay, this might be a little long. I am a 16 year old girl and I went back to school shopping with my Aunt, Mother, and younger brother. My aunt is 38. For privacy reasons, this took place at a store we will call, the “O” store. This happened this past afternoon. The O store is one of my favorite places to get clothes, especially for back to school shopping. My mother decided to take us there since school starts in a week and a half or so, and my aunt came along as well. My mother and brother went to pick out clothes for him, and my aunt stuck with me. I ended up picking out a few things, and decided it was time to head to the dressing room to try things on. We made our way to the dressing rooms and followed me into one of them. I was confused as she stepped in as well and politely asked her if she would leave so I could change, and she refused. I was very uncomfortable with her being in there, so I told her that. She still didn’t leave the dressing room and began to raise her voice at me, telling me that “You’re still a child, and it’s not like I haven’t seen you before. It’s no big deal.” I reiterated that I was uncomfortable with her being in the dressing room and that I’d appreciate if she stepped out and allowed me to change by myself, and she began to yell and curse at me. She said “You are a CHILD, your opinions do not need to be [Explicit word that starts with F]-ing Heard, [Explicit word that starts with F]-ing acknowledged, OR [Explicit word that starts with F]-ing respected.” I began to tear up, as the yelling continued, I continued to ask her to leave the dressing room until she raises a hand as though she’s going to hit me. After more yelling, cursing, and threats, I ended up having to change in front of her and was crying the entire time. After my aunt left, I told my mother what happened and she was beyond upset. She apologized for allowing my aunt to do that to me, and told me she would talk with her about it. I know it’s not particularly right to argue with adults, especially family members, but nothing about being in that dressing room seemed legal and if it is, I don’t think it should be. I would understand her wanting to be in the dressing room with her own child if said child was about under the age of 5 or 6, considering that children of that age are dependent on their parents, but I’m 16. I’m practically an adult. I’m done growing and developing. I have a mature body and I feel like my body should be treated like one.
ijgl0kd
ijfhmbj
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What a weird hill for your aunt to die on. Legally, your aunt is not your parent or guardian. She has no say over you. You can definitely report this to the authorities.
OP I’m so sorry your aunt acted that way. That’s inexcusable. And while I see there are varying opinions presented here, I will say that the outcome can also vary widely. You have every right to call the police and make a report. Beyond that, there is not a lot of certainty. If you have a police force that reacts to every little thing, they may very well start a full investigation. Or perhaps it will do nothing because they are tired or understaffed or don’t feel like it or they don’t think it’s a big deal. Again, it is entirely pendant upon how the police feel like reacting. I would though like to add that if your aunt works with children in any capacity (Teacher, therapist, nurse, counselor, school librarian, sports coach, daycare worker, etc) you may want to report to your state’s child protection. For starters, anyone who works with kids at all should be a mandated reporter. Mandated reporters are people who are required to report to the authorities if they suspect or are told about ANY possible child abuse. A mandated reporter should absolutely never have the opinion that a child’s words are not to be heard, acknowledged, or respected. Nor should they treat a child the way you were treated.
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(IN) My aunt followed me into a dressing room and refused to leave. I am a minor. Is this legal? Okay, this might be a little long. I am a 16 year old girl and I went back to school shopping with my Aunt, Mother, and younger brother. My aunt is 38. For privacy reasons, this took place at a store we will call, the “O” store. This happened this past afternoon. The O store is one of my favorite places to get clothes, especially for back to school shopping. My mother decided to take us there since school starts in a week and a half or so, and my aunt came along as well. My mother and brother went to pick out clothes for him, and my aunt stuck with me. I ended up picking out a few things, and decided it was time to head to the dressing room to try things on. We made our way to the dressing rooms and followed me into one of them. I was confused as she stepped in as well and politely asked her if she would leave so I could change, and she refused. I was very uncomfortable with her being in there, so I told her that. She still didn’t leave the dressing room and began to raise her voice at me, telling me that “You’re still a child, and it’s not like I haven’t seen you before. It’s no big deal.” I reiterated that I was uncomfortable with her being in the dressing room and that I’d appreciate if she stepped out and allowed me to change by myself, and she began to yell and curse at me. She said “You are a CHILD, your opinions do not need to be [Explicit word that starts with F]-ing Heard, [Explicit word that starts with F]-ing acknowledged, OR [Explicit word that starts with F]-ing respected.” I began to tear up, as the yelling continued, I continued to ask her to leave the dressing room until she raises a hand as though she’s going to hit me. After more yelling, cursing, and threats, I ended up having to change in front of her and was crying the entire time. After my aunt left, I told my mother what happened and she was beyond upset. She apologized for allowing my aunt to do that to me, and told me she would talk with her about it. I know it’s not particularly right to argue with adults, especially family members, but nothing about being in that dressing room seemed legal and if it is, I don’t think it should be. I would understand her wanting to be in the dressing room with her own child if said child was about under the age of 5 or 6, considering that children of that age are dependent on their parents, but I’m 16. I’m practically an adult. I’m done growing and developing. I have a mature body and I feel like my body should be treated like one.
ijgl0kd
ijg0d0u
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What a weird hill for your aunt to die on. Legally, your aunt is not your parent or guardian. She has no say over you. You can definitely report this to the authorities.
Tell your mom if she doesn't handle it, you'll be filing a police report.
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I have lived at my house since August 2016, but this month was told by a roommate that she signed a new lease in March with only her name, so now SHE is our landlord, and is raising our rent to lower hers. Is this legal? I was given no notice of a lease change... I am in Merced County, California. In August 2016 I signed onto a month to month lease at my house with several roommates. I have been told this month by a roommate that in March of this year, a new lease was made with only her name on it, so now we are all subletting from her. This is the first I'm hearing about it. How does this work legally? I wasn't notified the old lease was ending. It was month to month, so I'm sure it could be changed, but I never signed anything as a subletter, so have I been squatting or something? The roommate who is now the only name on the lease is trying to raise my rent while lowering hers. She has given me 30 days notice, which is when I learned she has supposedly been my new landlord since March. My actual/previous landlord told me back in March that he wanted to start collecting rent in one large sum from one person, so we started paying our rent to this roommate. I did pay rent directly to my landlord for October however. I'm pretty confused. Where do I start looking for information on this? How do I go about finding a local lawyer for a consultation? Does this seem legal, a gray area, or illegal? Thanks for your help!
doxym7l
doxycgy
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Nope, not legal. Read your original lease. You most likely are month to month with the original landlord until you give 30 or 60 days notice which you did not give. Your roommate is not legally your landlord. Dont pay them anything. Pay your real landlord only.
Tell her to fuck off. You have 60 days to find a new place with your other non asshole roommates. Why would you want to continue to live with this person anyway?
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My ex-roommate broke our apartment lease and left things in her room. I completed the lease and paid her share of expenses. I took the property with me to my new apartment. I sued for rent in small claims court, but she paid the money owed and I dropped the suit. Who legally owns the property? (VA) My former roommate took over a 12-month lease in my apartment from a previous roommate, then left without explanation a few months before the lease was up. I tried contacting her several times but got no response. I notified my apartment complex about the situation and was able to pay her share through the remaining three months on the lease, but she was never removed from the lease and had a key/open access to the apartment the entire time. She came back a few times to collect the items in her room immediately after I found out, but only when I was not home - from what I could tell, the last time items were moved out of the room was a two months before the lease ended. I made no formal/informal contact about her stuff - I assumed she would come back until everything was gone. ​ When the lease ended, I asked my apartment complex about the items. The leasing agent I spoke with said I could take the items with me or I would pay for their disposal from the apartment out of my security deposit. I wanted to give my ex-roommate a chance to collect her things, so I removed them from the apartment complex when I moved. I filed a civil lawsuit to collect her share of rent and expenses and I was intending on bringing her stuff to give her after court, but the week before the court date she contacted me, told me she was unable to make the court date and offered to pay a portion of the amount owed. The amount she offered covered almost all the money I was owed, so I accepted payment and dropped the lawsuit. But I still have her stuff - some of the items have value and could be sold to make up the court fees and other fees I incurred paying her share of the rent. I was planning on donating the rest. ​ Virginia landlord-tenant laws don't really cover this situation and I'm at a loss on what to do. Did she legally abandon this property? Legally, who does this stuff belong to? As former co-tenants, what obligations do I have to give her this property? I met this person online and we never had anything but a cordial relationship that is now strained. ​ Sorry for the length, but any help would be appreciated.
ept5qus
ept86o1
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She owns her property. If it was hers before this it’s hers after. Separately she may owe you money for the events arising around the lease.
Under the law, abandoned property is for the landlord to handle, not a roommate. But that ship has sailed, and ultimately you were responsible in the sense that you couldn't properly surrender the property and leave those things there. If you want to read up on the law, here is a good overview. >Once you [the landlord] have determined that the rental unit has been abandoned, you must notify the tenant before getting rid of any of the personal items left behind at the rental unit. You can give the [former] tenant a separate ten-day notice that states that you will dispose of any items left in the rental unit within 24 hours after the ten-day notice period has ended (see Va. Code Ann. § 55-248.38:1). If you don’t hear back from the tenant within ten days, then you are free to dispose of the property. As of now, she owns it.
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My ex-roommate broke our apartment lease and left things in her room. I completed the lease and paid her share of expenses. I took the property with me to my new apartment. I sued for rent in small claims court, but she paid the money owed and I dropped the suit. Who legally owns the property? (VA) My former roommate took over a 12-month lease in my apartment from a previous roommate, then left without explanation a few months before the lease was up. I tried contacting her several times but got no response. I notified my apartment complex about the situation and was able to pay her share through the remaining three months on the lease, but she was never removed from the lease and had a key/open access to the apartment the entire time. She came back a few times to collect the items in her room immediately after I found out, but only when I was not home - from what I could tell, the last time items were moved out of the room was a two months before the lease ended. I made no formal/informal contact about her stuff - I assumed she would come back until everything was gone. ​ When the lease ended, I asked my apartment complex about the items. The leasing agent I spoke with said I could take the items with me or I would pay for their disposal from the apartment out of my security deposit. I wanted to give my ex-roommate a chance to collect her things, so I removed them from the apartment complex when I moved. I filed a civil lawsuit to collect her share of rent and expenses and I was intending on bringing her stuff to give her after court, but the week before the court date she contacted me, told me she was unable to make the court date and offered to pay a portion of the amount owed. The amount she offered covered almost all the money I was owed, so I accepted payment and dropped the lawsuit. But I still have her stuff - some of the items have value and could be sold to make up the court fees and other fees I incurred paying her share of the rent. I was planning on donating the rest. ​ Virginia landlord-tenant laws don't really cover this situation and I'm at a loss on what to do. Did she legally abandon this property? Legally, who does this stuff belong to? As former co-tenants, what obligations do I have to give her this property? I met this person online and we never had anything but a cordial relationship that is now strained. ​ Sorry for the length, but any help would be appreciated.
ept86o1
ept7g6k
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Under the law, abandoned property is for the landlord to handle, not a roommate. But that ship has sailed, and ultimately you were responsible in the sense that you couldn't properly surrender the property and leave those things there. If you want to read up on the law, here is a good overview. >Once you [the landlord] have determined that the rental unit has been abandoned, you must notify the tenant before getting rid of any of the personal items left behind at the rental unit. You can give the [former] tenant a separate ten-day notice that states that you will dispose of any items left in the rental unit within 24 hours after the ten-day notice period has ended (see Va. Code Ann. § 55-248.38:1). If you don’t hear back from the tenant within ten days, then you are free to dispose of the property. As of now, she owns it.
Contact her and ask he yo pick up her stuff. If she refuses tell her that at a specific reasonable date, I'd there has been no communication to pick it up, you will be donating it to goodwill.
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[MI] My adoptive parents' biological son wants to sue me over control of our parents' property I was adopted. My parents are deceased. They died in 2014. I was left a house and a store. There was a will and I am listed on it. My brother isn't. I'm not sure if they formerly disinherited him, but their relationship was estranged and they had not seen him in 10 years. He recently came back to Michigan and I am having problems with him. He is homeless and has broken into the house I was left multiple times. The last time was back in November and I called the police. They removed him. He also showed up to my store and harassed the customers and stole items. Again, I called the police. He has been arrested twice. He has been ordered to stay away from the property. Now he's demanding I give him the house and the business or he will sue me in court over it. He claims he should have "half ownership" of them or even full because he is their biological heir, while I am not.
fei0imm
fei15ho
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Do you have a question? If he sues you, retain an attorney and respond to the suit appropriately. Lots of people threaten to sue. Only a small subset actually do.
If you are legally adopted, you are legally their child. Same as a bio kid. It looks like in 2014, Michigan had a law on the books that allowed a child to claim $15,000 of personal property if there was no surviving spouse, regardless of whether they were disinherited. However, it appears that the statute of limitations for making a probate claim is 3 years. If the will was properly drafted and probated, I expect that any lawsuit he files would go nowhere. If he files one (which seems unlikely) you would need to respond.
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[MI] My adoptive parents' biological son wants to sue me over control of our parents' property I was adopted. My parents are deceased. They died in 2014. I was left a house and a store. There was a will and I am listed on it. My brother isn't. I'm not sure if they formerly disinherited him, but their relationship was estranged and they had not seen him in 10 years. He recently came back to Michigan and I am having problems with him. He is homeless and has broken into the house I was left multiple times. The last time was back in November and I called the police. They removed him. He also showed up to my store and harassed the customers and stole items. Again, I called the police. He has been arrested twice. He has been ordered to stay away from the property. Now he's demanding I give him the house and the business or he will sue me in court over it. He claims he should have "half ownership" of them or even full because he is their biological heir, while I am not.
fei0ukz
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What he says “should” be doesn’t matter.
If you are legally adopted, you are legally their child. Same as a bio kid. It looks like in 2014, Michigan had a law on the books that allowed a child to claim $15,000 of personal property if there was no surviving spouse, regardless of whether they were disinherited. However, it appears that the statute of limitations for making a probate claim is 3 years. If the will was properly drafted and probated, I expect that any lawsuit he files would go nowhere. If he files one (which seems unlikely) you would need to respond.
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ep9oqd
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[MI] My adoptive parents' biological son wants to sue me over control of our parents' property I was adopted. My parents are deceased. They died in 2014. I was left a house and a store. There was a will and I am listed on it. My brother isn't. I'm not sure if they formerly disinherited him, but their relationship was estranged and they had not seen him in 10 years. He recently came back to Michigan and I am having problems with him. He is homeless and has broken into the house I was left multiple times. The last time was back in November and I called the police. They removed him. He also showed up to my store and harassed the customers and stole items. Again, I called the police. He has been arrested twice. He has been ordered to stay away from the property. Now he's demanding I give him the house and the business or he will sue me in court over it. He claims he should have "half ownership" of them or even full because he is their biological heir, while I am not.
fei0imm
fei2ide
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Do you have a question? If he sues you, retain an attorney and respond to the suit appropriately. Lots of people threaten to sue. Only a small subset actually do.
Michigan law allows a person to disinherit their adult child in their will. He could challenge that, but given the amount of time that has passed, he’d have a tough go of it. Plus, he’s have to prove some defect in their attempt to cut him out, such as proving the will was defective or they were not of sound mind when they made the will.
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[MI] My adoptive parents' biological son wants to sue me over control of our parents' property I was adopted. My parents are deceased. They died in 2014. I was left a house and a store. There was a will and I am listed on it. My brother isn't. I'm not sure if they formerly disinherited him, but their relationship was estranged and they had not seen him in 10 years. He recently came back to Michigan and I am having problems with him. He is homeless and has broken into the house I was left multiple times. The last time was back in November and I called the police. They removed him. He also showed up to my store and harassed the customers and stole items. Again, I called the police. He has been arrested twice. He has been ordered to stay away from the property. Now he's demanding I give him the house and the business or he will sue me in court over it. He claims he should have "half ownership" of them or even full because he is their biological heir, while I am not.
fei0ukz
fei2ide
1,579,127,837
1,579,128,850
7
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What he says “should” be doesn’t matter.
Michigan law allows a person to disinherit their adult child in their will. He could challenge that, but given the amount of time that has passed, he’d have a tough go of it. Plus, he’s have to prove some defect in their attempt to cut him out, such as proving the will was defective or they were not of sound mind when they made the will.
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ep9oqd
legaladvice_train
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[MI] My adoptive parents' biological son wants to sue me over control of our parents' property I was adopted. My parents are deceased. They died in 2014. I was left a house and a store. There was a will and I am listed on it. My brother isn't. I'm not sure if they formerly disinherited him, but their relationship was estranged and they had not seen him in 10 years. He recently came back to Michigan and I am having problems with him. He is homeless and has broken into the house I was left multiple times. The last time was back in November and I called the police. They removed him. He also showed up to my store and harassed the customers and stole items. Again, I called the police. He has been arrested twice. He has been ordered to stay away from the property. Now he's demanding I give him the house and the business or he will sue me in court over it. He claims he should have "half ownership" of them or even full because he is their biological heir, while I am not.
fei0imm
feif6f5
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Do you have a question? If he sues you, retain an attorney and respond to the suit appropriately. Lots of people threaten to sue. Only a small subset actually do.
>He has been arrested twice. He has been ordered to stay away from the property. If he was just given a verbal order to stay away I would talk to the police about getting a restraining order. That way if he violates it the police have grounds for arresting him. Sounds like he might cross the line into stalking or harassment- if so call the domestic violence hotline for more resources on managing your contact with him.
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