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yv8ela | legaladvice_train | 0.93 | Wife’s deadbeat ex wants to sign over his parental rights to avoid child support He hasn’t been in contact with his biological child in almost 10 years minus one or two days when his mother passed maybe 4 years ago, the child is almost 13. He’s been in and out of court constantly for failure to pay, even did a few months on work release. Now he only pays when he has court except for this last time when he showed up with a lawyer and got a continuance. Late last week we got a letter in the mail from said lawyer. He’s willing to sign over his parental rights to get out of any past due and future payments. The lawyer asked if our plan was to adopt and to respond with our lawyer’s information to start the process. This is something we’ve talked about and aren’t opposed to but haven’t tried because of the cost. Right now with Christmas around the corner is making it even more difficult. My wife wants him to pay what’s owed but also just wants to be free of him. What would be some options for course(s) of action? If his parental rights are severed, does that also include his parents? The child’s grandpa is a holy rolling narcissist that’s done nothing but threaten us when he doesn’t get his way. Our child also asked to not be in contact with him as well because of his temper, after their grandma passed from pancreatic cancer. Thank you for any help Edit: located in Kansas | iwea961 | iwcxjli | 1,668,471,304 | 1,668,451,458 | 18 | 15 | The question here is do you want to adopt him financially or continue to receive money from ex? Sounds like you dont have much dealings with him anyway, but even if you adopt, you shouldnt stop him from seeing his child. My point is, hes going to have pretty much the same involvement in your lives until the child is 18. Ex will still be responsible for any past support hes missed, but will not accrue any more if you adopt. Eventually it WILL catch up with him. If it were me, he should still have to pay for the child he decided he didnt want to take responsibility for. That money can help your family a lot or be saved for the childs future. | To add to /u/GingerBeersAndTears' point, > This is something we’ve talked about and aren’t opposed to but haven’t tried because of the cost. Right now with Christmas around the corner is making it even more difficult. My wife wants him to pay what’s owed but also just wants to be free of him. If your wife's ex is interested in having their child adopted, and if you and your wife are on board, then it's in his interests to contribute to the cost. It might be worth approaching him with an offer that you'll carry out the adoption but need to split the cost. You absolutely need to discuss this with your own lawyer first, however. Being accused of buying children does you no favours. | 1 | 19,846 | 1.2 |
yv8ela | legaladvice_train | 0.93 | Wife’s deadbeat ex wants to sign over his parental rights to avoid child support He hasn’t been in contact with his biological child in almost 10 years minus one or two days when his mother passed maybe 4 years ago, the child is almost 13. He’s been in and out of court constantly for failure to pay, even did a few months on work release. Now he only pays when he has court except for this last time when he showed up with a lawyer and got a continuance. Late last week we got a letter in the mail from said lawyer. He’s willing to sign over his parental rights to get out of any past due and future payments. The lawyer asked if our plan was to adopt and to respond with our lawyer’s information to start the process. This is something we’ve talked about and aren’t opposed to but haven’t tried because of the cost. Right now with Christmas around the corner is making it even more difficult. My wife wants him to pay what’s owed but also just wants to be free of him. What would be some options for course(s) of action? If his parental rights are severed, does that also include his parents? The child’s grandpa is a holy rolling narcissist that’s done nothing but threaten us when he doesn’t get his way. Our child also asked to not be in contact with him as well because of his temper, after their grandma passed from pancreatic cancer. Thank you for any help Edit: located in Kansas | iwcxjli | iwenulf | 1,668,451,458 | 1,668,477,517 | 15 | 16 | To add to /u/GingerBeersAndTears' point, > This is something we’ve talked about and aren’t opposed to but haven’t tried because of the cost. Right now with Christmas around the corner is making it even more difficult. My wife wants him to pay what’s owed but also just wants to be free of him. If your wife's ex is interested in having their child adopted, and if you and your wife are on board, then it's in his interests to contribute to the cost. It might be worth approaching him with an offer that you'll carry out the adoption but need to split the cost. You absolutely need to discuss this with your own lawyer first, however. Being accused of buying children does you no favours. | For what it's worth I was in the same ish situation. Except I had no one to adopt them, my ex volunteered for the same reasons to give his parental rights up. I was able to go to court and the judge approved it. A guardian ad litem was ordered and we both spoke to the guardian ad litem a few times. He deemed it in their best interest. You can always adopt later on financially, 1st step is severing his parental rights. I've always been scared of him extorting my family for money for custody if somethijg happened to me. When he offered I took it. | 0 | 26,059 | 1.066667 |
5qwbi4 | legaladvice_train | 0.63 | Looking to terminate my parental rights to my daughter... (NJ) I need to use an anonymous account because I know this is shameful and terrible but I feel like I have no other choice. I am looking to terminate my parental rights to my daughter. It sounds horrible, and like I am a deadbeat father. Maybe I am. Still, I really need help... My daughter is nine years old, and autistic. She is low functioning, and needs care pretty much 24/7. My now ex-wife left me due to how difficult it has been for me, caring for her. We have joint custody currently, mostly because of her insistance. While my ex enjoys taking care of Julie, our daughter, I do not. Julie is violent, extremely hostile and aggressive toward me and strangers. I've tried my best to keep her entertained and loved while she stays over, it always fails. I can't sustain any new relationships or friendships, most of my old ones left after my child's birth. I am depressed, and suffer from anxiety ever since Julie turned three and began to vocalize. I've lost many jobs because I can't accomodate them and my daughter's needs at the same time. I'm currently unemployed, and living off unemployment checks while I job hunt. I also pay child support. Most of it seems to go to Julie, and it is very expensive. I have to pay $2,500 a month and I've tried to keep up but I am falling behind. My ex intends to jail me for this, and does not have the patience to deal with me. I keep wanting her to put Julie in a home for kids with special needs but my ex refuses, wanting to care for her herself BUT ALSO wanting me to share the bulk of that. I just can't deal with it anymore. The courts seem to side with my ex in regards to Julie, and refuse to take my concerns seriously. In fact, one of the judges shamed me really badly for not wanting to "take responsibility"... I have heard that termination of parental rights is possible but difficult. I think it might be for the best if I did. Julie and I have not bonded. She seems to detest staying over with me. I can never provide her with what she needs. I don't feel like I have much in-put on her life or any real say in how to raise her. I am tired of being beaten by my own child, and having her scream that she wants me dead every single time I see her. I don't feel like I can even provide to her financially anymore either. I don't feel like a father. I feel like a glorified babysitter...and one who isn't equipped to deal with a low functioning autistic girl. What are my options? Can I, realistically, have my rights severed? Can I hold off on making payments to an attorney until I get a job or is payment required upfront, typically it's been the latter for me but I've only ever used a divorce attorney? If I can't terminate my rights, can I have the court look into housing my daughter in a home for special needs kids? I think it would be more beneficial for her. Her mother seems to be keeping her in a toddler-like state and is enabling her bad behavior instead of trying to improve it. | dd2kquf | dd2kpg9 | 1,485,726,026 | 1,485,725,976 | 81 | 53 | You cannot just terminate your rights. You can stop using your visitation, but you will be required to continue paying child support. It is very unlikely that a court will order a mother to place their child into any kind of housing when they are willing to keep the child at home. | You cannot term your right. That is not a thing without adoption. You dont have to visit. You dont have to have any relationship with her. You cannot force mom to put her in a care facility when she is perfectly fine living with mom. You dont have to like how mom is dealing with her but she isnt unsafe. | 1 | 50 | 1.528302 |
ykoubv | legaladvice_train | 0.99 | Inheritance executor decided to “do the right thing” which was not what the will states Will keep this focused on legal issues not relational drama with family that has been going on for years. Parents will stated that their estate is to be divided 2/3 to my bother an I and 1/3rd to my Aunt. My aunt is the executor. We have all seen the will, but my aunt has the only copy, and although we have asked several times will not give us a copy. Last month she sent out checks stating this was our “fair share” and 2/3rds of the estate (my and my brothers half) had been divided between me, my brother AND our cousin! What course of action do we have? What happens if our cousin cashes the check and goes on a spending spree with money that isn’t legally his?!?! | iuucaqy | iuvujvm | 1,667,440,170 | 1,667,477,419 | 419 | 2,057 | You need to consult a probate attorney *immediately.* | Everyone here is telling you to hire an attorney ASAP, which is good advice. I add this juicy little nugget of encouragement: What you describe is a breach of fiduciary duty, which generally allows you to recover, in addition to your proper inheritance, **the costs and fees you will pay your attorney**. *Disclaimer: I am an attorney, but not your attorney. This is not legal advice, and you should not rely on it as such. No attorney-client relationship has been formed. This is the internet, and for all you know, I’m a cat.* Edit: Came back to this tonight after a long day and hey I have awards! Thanks, kind strangers. 🐱 | 0 | 37,249 | 4.909308 |
ykoubv | legaladvice_train | 0.99 | Inheritance executor decided to “do the right thing” which was not what the will states Will keep this focused on legal issues not relational drama with family that has been going on for years. Parents will stated that their estate is to be divided 2/3 to my bother an I and 1/3rd to my Aunt. My aunt is the executor. We have all seen the will, but my aunt has the only copy, and although we have asked several times will not give us a copy. Last month she sent out checks stating this was our “fair share” and 2/3rds of the estate (my and my brothers half) had been divided between me, my brother AND our cousin! What course of action do we have? What happens if our cousin cashes the check and goes on a spending spree with money that isn’t legally his?!?! | iuvujvm | iuv6lgz | 1,667,477,419 | 1,667,458,265 | 2,057 | 116 | Everyone here is telling you to hire an attorney ASAP, which is good advice. I add this juicy little nugget of encouragement: What you describe is a breach of fiduciary duty, which generally allows you to recover, in addition to your proper inheritance, **the costs and fees you will pay your attorney**. *Disclaimer: I am an attorney, but not your attorney. This is not legal advice, and you should not rely on it as such. No attorney-client relationship has been formed. This is the internet, and for all you know, I’m a cat.* Edit: Came back to this tonight after a long day and hey I have awards! Thanks, kind strangers. 🐱 | Go to the courthouse where the will was filed or find out what attorney the will was filed with. They always have the original or a certified copy BECAUSE these things happen | 1 | 19,154 | 17.732759 |
ykoubv | legaladvice_train | 0.99 | Inheritance executor decided to “do the right thing” which was not what the will states Will keep this focused on legal issues not relational drama with family that has been going on for years. Parents will stated that their estate is to be divided 2/3 to my bother an I and 1/3rd to my Aunt. My aunt is the executor. We have all seen the will, but my aunt has the only copy, and although we have asked several times will not give us a copy. Last month she sent out checks stating this was our “fair share” and 2/3rds of the estate (my and my brothers half) had been divided between me, my brother AND our cousin! What course of action do we have? What happens if our cousin cashes the check and goes on a spending spree with money that isn’t legally his?!?! | iuvujvm | iuvs8b2 | 1,667,477,419 | 1,667,476,090 | 2,057 | 98 | Everyone here is telling you to hire an attorney ASAP, which is good advice. I add this juicy little nugget of encouragement: What you describe is a breach of fiduciary duty, which generally allows you to recover, in addition to your proper inheritance, **the costs and fees you will pay your attorney**. *Disclaimer: I am an attorney, but not your attorney. This is not legal advice, and you should not rely on it as such. No attorney-client relationship has been formed. This is the internet, and for all you know, I’m a cat.* Edit: Came back to this tonight after a long day and hey I have awards! Thanks, kind strangers. 🐱 | Clearly there is a problem with the 2/3 being split 3 ways instead of 2, but do you trust your aunt is starting with 2/3, or should she be keeping extra for herself? An attorney would surely go through everything, but careful if your aunt may be hiding money. | 1 | 1,329 | 20.989796 |
xxc5q7 | legaladvice_train | 0.94 | Employer is telling me I’ve been paid as an independent contractor, even though I was under the impression I was an employee I’m an employee for a florist shop who has been working there about a month and a half now. I thought I was considered an employee, but my boss just pulled me aside today and told me that they were putting me on payroll, and I’d have to file a 1099 tax form for the period that they had been paying me for up until now. I was confused by this, because I had been getting paid hourly and had had a schedule that was set by them to this point. They had been supervising my work and I had been using equipment owned by them. I know at this point the proper form to file would be an ss-8 to the IRS, but I just wanted to know what steps I could take to be fairly compensated here, because this is going to cost me a significant amount in taxes. Thanks for any advice! | irbnl28 | irbyymk | 1,665,086,567 | 1,665,091,489 | 28 | 100 | So essentially you worked as 1099 for a month-ish and now they are converting you to w2? Sounds like they are trying to correct it. Instead of going the IRS nuclear option, why don't you just tell them they need to correct their mistake tax wise for your wages before now. This is their problem to fix, not yours. | I am not a lawyer, It doesn't matter what they call you. What matters is the IRS classification. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee This is your employers problem to solve. They should be able to correct payroll so the appropriate taxes are withheld. | 0 | 4,922 | 3.571429 |
xxc5q7 | legaladvice_train | 0.94 | Employer is telling me I’ve been paid as an independent contractor, even though I was under the impression I was an employee I’m an employee for a florist shop who has been working there about a month and a half now. I thought I was considered an employee, but my boss just pulled me aside today and told me that they were putting me on payroll, and I’d have to file a 1099 tax form for the period that they had been paying me for up until now. I was confused by this, because I had been getting paid hourly and had had a schedule that was set by them to this point. They had been supervising my work and I had been using equipment owned by them. I know at this point the proper form to file would be an ss-8 to the IRS, but I just wanted to know what steps I could take to be fairly compensated here, because this is going to cost me a significant amount in taxes. Thanks for any advice! | irb8wek | irbyymk | 1,665,080,496 | 1,665,091,489 | 10 | 100 | First thing's first: do you have a written employment contract? | I am not a lawyer, It doesn't matter what they call you. What matters is the IRS classification. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee This is your employers problem to solve. They should be able to correct payroll so the appropriate taxes are withheld. | 0 | 10,993 | 10 |
xxc5q7 | legaladvice_train | 0.94 | Employer is telling me I’ve been paid as an independent contractor, even though I was under the impression I was an employee I’m an employee for a florist shop who has been working there about a month and a half now. I thought I was considered an employee, but my boss just pulled me aside today and told me that they were putting me on payroll, and I’d have to file a 1099 tax form for the period that they had been paying me for up until now. I was confused by this, because I had been getting paid hourly and had had a schedule that was set by them to this point. They had been supervising my work and I had been using equipment owned by them. I know at this point the proper form to file would be an ss-8 to the IRS, but I just wanted to know what steps I could take to be fairly compensated here, because this is going to cost me a significant amount in taxes. Thanks for any advice! | irbnl28 | irb8wek | 1,665,086,567 | 1,665,080,496 | 28 | 10 | So essentially you worked as 1099 for a month-ish and now they are converting you to w2? Sounds like they are trying to correct it. Instead of going the IRS nuclear option, why don't you just tell them they need to correct their mistake tax wise for your wages before now. This is their problem to fix, not yours. | First thing's first: do you have a written employment contract? | 1 | 6,071 | 2.8 |
xxc5q7 | legaladvice_train | 0.94 | Employer is telling me I’ve been paid as an independent contractor, even though I was under the impression I was an employee I’m an employee for a florist shop who has been working there about a month and a half now. I thought I was considered an employee, but my boss just pulled me aside today and told me that they were putting me on payroll, and I’d have to file a 1099 tax form for the period that they had been paying me for up until now. I was confused by this, because I had been getting paid hourly and had had a schedule that was set by them to this point. They had been supervising my work and I had been using equipment owned by them. I know at this point the proper form to file would be an ss-8 to the IRS, but I just wanted to know what steps I could take to be fairly compensated here, because this is going to cost me a significant amount in taxes. Thanks for any advice! | irdeb2w | irb8wek | 1,665,118,321 | 1,665,080,496 | 14 | 10 | I have a lot of experience with owning flower shops and I can’t think of any 1099 qualified jobs that would need to be there on a regular basis. They are probably getting in trouble for misclassifying employees and trying to switch over. I am not sure having you act as 1099 for your previous work is the way to do it. At the very best they are making you pay taxes they owe for that period of time. | First thing's first: do you have a written employment contract? | 1 | 37,825 | 1.4 |
xxc5q7 | legaladvice_train | 0.94 | Employer is telling me I’ve been paid as an independent contractor, even though I was under the impression I was an employee I’m an employee for a florist shop who has been working there about a month and a half now. I thought I was considered an employee, but my boss just pulled me aside today and told me that they were putting me on payroll, and I’d have to file a 1099 tax form for the period that they had been paying me for up until now. I was confused by this, because I had been getting paid hourly and had had a schedule that was set by them to this point. They had been supervising my work and I had been using equipment owned by them. I know at this point the proper form to file would be an ss-8 to the IRS, but I just wanted to know what steps I could take to be fairly compensated here, because this is going to cost me a significant amount in taxes. Thanks for any advice! | irdeb2w | ircwjbt | 1,665,118,321 | 1,665,108,469 | 14 | 6 | I have a lot of experience with owning flower shops and I can’t think of any 1099 qualified jobs that would need to be there on a regular basis. They are probably getting in trouble for misclassifying employees and trying to switch over. I am not sure having you act as 1099 for your previous work is the way to do it. At the very best they are making you pay taxes they owe for that period of time. | I recommend the open conversation method. They need to fix this. You are not an independent contractor despite what they are saying. I would give them the opportunity to the do the right think before involving the government. Keep in mind that you may own taxed on money whether it was for wages or fees for service. | 1 | 9,852 | 2.333333 |
xxc5q7 | legaladvice_train | 0.94 | Employer is telling me I’ve been paid as an independent contractor, even though I was under the impression I was an employee I’m an employee for a florist shop who has been working there about a month and a half now. I thought I was considered an employee, but my boss just pulled me aside today and told me that they were putting me on payroll, and I’d have to file a 1099 tax form for the period that they had been paying me for up until now. I was confused by this, because I had been getting paid hourly and had had a schedule that was set by them to this point. They had been supervising my work and I had been using equipment owned by them. I know at this point the proper form to file would be an ss-8 to the IRS, but I just wanted to know what steps I could take to be fairly compensated here, because this is going to cost me a significant amount in taxes. Thanks for any advice! | irdeb2w | ird96a8 | 1,665,118,321 | 1,665,115,020 | 14 | 4 | I have a lot of experience with owning flower shops and I can’t think of any 1099 qualified jobs that would need to be there on a regular basis. They are probably getting in trouble for misclassifying employees and trying to switch over. I am not sure having you act as 1099 for your previous work is the way to do it. At the very best they are making you pay taxes they owe for that period of time. | They can’t claim you as both in the same year. They have to eat up the taxes for the month and half and just put you on the payroll now. I wouldn’t go to the IRS. They are probably a small business that is trying to correct a mistake they made. Reference “W-2 forms and 1099 forms are meant for different workers. You cannot issue the same employee a W-2 and a 1099 at the same year “ -IRS website. Also seems like they don’t understand how payroll works. YOU DO NOT FILE A 1099. Your employer files it. Again, they can’t do both for the same employee in the same year. | 1 | 3,301 | 3.5 |
fhajps | legaladvice_train | 0.74 | [WA] A customer told me her roommate tested positive for coronavirus. Can I ask her to leave? I work at a bar in Seattle. I was chatting with a customer while getting her drink and she said she's on paid leave from work because her roommate tested positive. I wanted to ask her to leave but my manager said legally we can't. Is that true? | fk9xz7f | fk9y27y | 1,583,986,421 | 1,583,986,485 | 37 | 96 | Why would she not be in self isolation herself? 🤦🏻♀️ | You can refuse service to anyone for any reason that isn’t discriminatory and this wouldn’t be discriminatory as the law stands. But if your manager doesn’t want to take that step, that’s their call. | 0 | 64 | 2.594595 |
vs73sx | legaladvice_train | 0.97 | [AR] Son's bio-father came out of the woodworks after more than 14 years demanding visitations to his son after no contact and no support his entire life. My partner, "Jay" and I have known each other since I was pregnant with my 14 y/o son. He was even at the hospital when I had my son. We started offically dating when my son was about 3 months old and have been together ever since. My child's bio-dad was never in the picture. Bio-dad never met my child in person and never paid child support despite efforts of the state attorney general. The paternal grandparents refused to give me any information regarding the where abouts of their son and that includes address/phone numbers. They said bio-dad had a right to be involved in my sons life and maybe if he met my son, it would inspire him to be a father, but he can't afford to pay child support as he has to support himself. I tried to be civil with them until they tried to blind-side me. We planned to meet each other offically when my son was about 4. A few months before the trip, they let it slip that bio-dad that would be present for an upcoming vacation to "inspire him." They hadn't told bio-dad this either, for the record. I cut contact after that. The only family member of his that we had regular and healthy relationship with was bio-dads grandfather, "Bee". We would exchange letters once a year and he would send small gifts to my son. We sent letters and pictures regularly. We video called Bee a few times so my son could get to know him better. About 2 years ago Bee stopped contacting us. I later learned that he had passed away. Last I heard bio-dad was married and living 12 hours away in a different state. Over the course of my son's life, bio-dad and his wife would pop up in my FB DMs on a burner account every 3 or 4 years to do one of the following: * To harass me about how I took his child from him. * Demand to let him claim my son on his tax refund. * Send photos of him and his new wife having sex. * Saying that "the illegal Mexican" stole his son away. (Jay is not Mexican, but Puerto Rican, born and raised in the US if that matters) These messages appeared to be short bursts of entertainment for him, so I never thought much of it. The conversation about my son would end when I gave him the contact information for the state attorney generals office. We have moved on and my son refers to Jay has his dad and Jay refers to him as his son. Jay and I have 2 more children together and we are happy. I am a public school teacher and let's be honest: you never know what could happen. In light of the recent event in Texas, we discussed Jay adopting my son in the horrible event that something happens to me, my son would stay with his dad and siblings. My son said of course he wants that because Jay is his dad. We just started getting the ball rolling last week. Lo and behold last night, bio-dad started blowing up my DMs asking to be a part of my sons life. Saying I kept him away from him and that my son is his only bio child. He is claiming he is going to take me to court because my son doesn't even know he is his bio-dad. He found my LinkedIn page and messaged me there, demanding to see my son because he is divorced now and living 4 hours away. I have yet to respond to any of his messages. For clarity: My son is 14 and he is aware that Jay is not his bio-dad. I explained that his bio-dad wasn't ready to be a father and despite my best efforts, I couldn't find him in any meaningful way. I offered to try to contact his bio-dad through FB so they can talk but ONLY if he wants to. My son has no interest because again, he sees Jay as his real dad. I can't talk to my attorney until tomorrow. When we first spoke with the attorney, they said as it stands, he has not made reasonable effort to support or contact my son, so he shouldn't have a leg to stand on to contest the adoption in the event we were able to find him/he were to take us to court. Is there something more we need to be doing? Or should we continue as is? My attorney is in court for the next several days so he can't get back to me right now. | iezjtez | iezjuob | 1,657,052,657 | 1,657,052,671 | 148 | 304 | Document everything. Save or screenshot the DMs going back as far as you can, or any further communications. If he somehow gets your phone number, tell him you will only communicate in writing and hang up. If he does actually file for custody, give those to your lawyer. I would also contact your child's school and let them know who the authorized parents are here. It's not unheard of for delinquent parents to show up at the kid's school out of the blue and try to take them out. Same for any after school activities, daycare, even friends where he may spend long periods of time. Let them all know that his bio-dad may come looking for him, and to not let that happen. While no one here can definitively say what the outcome would be here, this superficially sounds more like hot air than a real threat to your custody of the child. | Speak to your attorney as soon as you can. Most importantly, do NOT engage with the father in any manner. Not emails, calls, texts, DMs, nothing. Absolute silence from you, no matter what he says or how much he tries to provoke you. Turn your phone off if you have to. | 0 | 14 | 2.054054 |
vs73sx | legaladvice_train | 0.97 | [AR] Son's bio-father came out of the woodworks after more than 14 years demanding visitations to his son after no contact and no support his entire life. My partner, "Jay" and I have known each other since I was pregnant with my 14 y/o son. He was even at the hospital when I had my son. We started offically dating when my son was about 3 months old and have been together ever since. My child's bio-dad was never in the picture. Bio-dad never met my child in person and never paid child support despite efforts of the state attorney general. The paternal grandparents refused to give me any information regarding the where abouts of their son and that includes address/phone numbers. They said bio-dad had a right to be involved in my sons life and maybe if he met my son, it would inspire him to be a father, but he can't afford to pay child support as he has to support himself. I tried to be civil with them until they tried to blind-side me. We planned to meet each other offically when my son was about 4. A few months before the trip, they let it slip that bio-dad that would be present for an upcoming vacation to "inspire him." They hadn't told bio-dad this either, for the record. I cut contact after that. The only family member of his that we had regular and healthy relationship with was bio-dads grandfather, "Bee". We would exchange letters once a year and he would send small gifts to my son. We sent letters and pictures regularly. We video called Bee a few times so my son could get to know him better. About 2 years ago Bee stopped contacting us. I later learned that he had passed away. Last I heard bio-dad was married and living 12 hours away in a different state. Over the course of my son's life, bio-dad and his wife would pop up in my FB DMs on a burner account every 3 or 4 years to do one of the following: * To harass me about how I took his child from him. * Demand to let him claim my son on his tax refund. * Send photos of him and his new wife having sex. * Saying that "the illegal Mexican" stole his son away. (Jay is not Mexican, but Puerto Rican, born and raised in the US if that matters) These messages appeared to be short bursts of entertainment for him, so I never thought much of it. The conversation about my son would end when I gave him the contact information for the state attorney generals office. We have moved on and my son refers to Jay has his dad and Jay refers to him as his son. Jay and I have 2 more children together and we are happy. I am a public school teacher and let's be honest: you never know what could happen. In light of the recent event in Texas, we discussed Jay adopting my son in the horrible event that something happens to me, my son would stay with his dad and siblings. My son said of course he wants that because Jay is his dad. We just started getting the ball rolling last week. Lo and behold last night, bio-dad started blowing up my DMs asking to be a part of my sons life. Saying I kept him away from him and that my son is his only bio child. He is claiming he is going to take me to court because my son doesn't even know he is his bio-dad. He found my LinkedIn page and messaged me there, demanding to see my son because he is divorced now and living 4 hours away. I have yet to respond to any of his messages. For clarity: My son is 14 and he is aware that Jay is not his bio-dad. I explained that his bio-dad wasn't ready to be a father and despite my best efforts, I couldn't find him in any meaningful way. I offered to try to contact his bio-dad through FB so they can talk but ONLY if he wants to. My son has no interest because again, he sees Jay as his real dad. I can't talk to my attorney until tomorrow. When we first spoke with the attorney, they said as it stands, he has not made reasonable effort to support or contact my son, so he shouldn't have a leg to stand on to contest the adoption in the event we were able to find him/he were to take us to court. Is there something more we need to be doing? Or should we continue as is? My attorney is in court for the next several days so he can't get back to me right now. | if0vqrk | if2optg | 1,657,073,773 | 1,657,115,542 | 34 | 61 | If there is a child support order already in place, contact the TX Child Support Division with any information you have up about your ex’s whereabouts. They can work to collect any unpaid child support that has accrued. | I take it bio-dad is on the birth certificate? Or is no father listed? | 0 | 41,769 | 1.794118 |
vs73sx | legaladvice_train | 0.97 | [AR] Son's bio-father came out of the woodworks after more than 14 years demanding visitations to his son after no contact and no support his entire life. My partner, "Jay" and I have known each other since I was pregnant with my 14 y/o son. He was even at the hospital when I had my son. We started offically dating when my son was about 3 months old and have been together ever since. My child's bio-dad was never in the picture. Bio-dad never met my child in person and never paid child support despite efforts of the state attorney general. The paternal grandparents refused to give me any information regarding the where abouts of their son and that includes address/phone numbers. They said bio-dad had a right to be involved in my sons life and maybe if he met my son, it would inspire him to be a father, but he can't afford to pay child support as he has to support himself. I tried to be civil with them until they tried to blind-side me. We planned to meet each other offically when my son was about 4. A few months before the trip, they let it slip that bio-dad that would be present for an upcoming vacation to "inspire him." They hadn't told bio-dad this either, for the record. I cut contact after that. The only family member of his that we had regular and healthy relationship with was bio-dads grandfather, "Bee". We would exchange letters once a year and he would send small gifts to my son. We sent letters and pictures regularly. We video called Bee a few times so my son could get to know him better. About 2 years ago Bee stopped contacting us. I later learned that he had passed away. Last I heard bio-dad was married and living 12 hours away in a different state. Over the course of my son's life, bio-dad and his wife would pop up in my FB DMs on a burner account every 3 or 4 years to do one of the following: * To harass me about how I took his child from him. * Demand to let him claim my son on his tax refund. * Send photos of him and his new wife having sex. * Saying that "the illegal Mexican" stole his son away. (Jay is not Mexican, but Puerto Rican, born and raised in the US if that matters) These messages appeared to be short bursts of entertainment for him, so I never thought much of it. The conversation about my son would end when I gave him the contact information for the state attorney generals office. We have moved on and my son refers to Jay has his dad and Jay refers to him as his son. Jay and I have 2 more children together and we are happy. I am a public school teacher and let's be honest: you never know what could happen. In light of the recent event in Texas, we discussed Jay adopting my son in the horrible event that something happens to me, my son would stay with his dad and siblings. My son said of course he wants that because Jay is his dad. We just started getting the ball rolling last week. Lo and behold last night, bio-dad started blowing up my DMs asking to be a part of my sons life. Saying I kept him away from him and that my son is his only bio child. He is claiming he is going to take me to court because my son doesn't even know he is his bio-dad. He found my LinkedIn page and messaged me there, demanding to see my son because he is divorced now and living 4 hours away. I have yet to respond to any of his messages. For clarity: My son is 14 and he is aware that Jay is not his bio-dad. I explained that his bio-dad wasn't ready to be a father and despite my best efforts, I couldn't find him in any meaningful way. I offered to try to contact his bio-dad through FB so they can talk but ONLY if he wants to. My son has no interest because again, he sees Jay as his real dad. I can't talk to my attorney until tomorrow. When we first spoke with the attorney, they said as it stands, he has not made reasonable effort to support or contact my son, so he shouldn't have a leg to stand on to contest the adoption in the event we were able to find him/he were to take us to court. Is there something more we need to be doing? Or should we continue as is? My attorney is in court for the next several days so he can't get back to me right now. | if1h6cv | if2optg | 1,657,085,619 | 1,657,115,542 | 16 | 61 | Do exactly as your attorney advises, and have no contact with your son’s biological father other than through the attorney. Forward all messages to your attorney, screen your calls and respond as your attorney advises, and let your attorney contact him. My guess is that your ex will disappear again when he finds out that taking you to court for visitation will also likely lead to a massive back child support order, but you want to let your attorney handle it. I realize this must be terrifying, but just save all his messages for a few days until you can give them to your lawyer and get some advice. | I take it bio-dad is on the birth certificate? Or is no father listed? | 0 | 29,923 | 3.8125 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euyyhnp | euy8j5g | 1,564,110,376 | 1,564,097,046 | 98 | 43 | I am not an estates lawyer but some googling/ bar exam knowledge gets me most of the way to answering your question. Washington has adopted the Uniform Simultaneous Death Act https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020 Basically, the act says that if an heir dies within 5 days of the testator (the boyfriend here), the heir (your son) is considered to have pre-deceased the testator for purposes of distributing his estate/life insurance policies. A heir who dies before the testator does not take from his will or life insurance. Since your son legally pre-deceased the boyfriend, the money does not go to your son but rather goes back into the boyfriend's estate (unless there is a secondary beneficiary named). If your boyfriend has a will, the life insurance would be distributed by that and, if not, via WA intestacy statues (to his family). I am not familiar with Washington's anti-lapse statutes (laws that prevent bequests from failing due to the heir pre-deceasing the testator) but my understanding is they generally operate to benefit the heir's descendants, not parents so those probably don't help you here. I'm very sorry for your loss and wish I could tell you something better. | I'm so sorry for your loss. None of us can say what will happen because we haven't seen the relevant documents. Maybe you can ask a local attorney to help you sort this out for no charge (it's the type of thing many attorneys would be willing to help with under your circumstances). | 1 | 13,330 | 2.27907 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euyyhnp | euylnv2 | 1,564,110,376 | 1,564,104,676 | 98 | 9 | I am not an estates lawyer but some googling/ bar exam knowledge gets me most of the way to answering your question. Washington has adopted the Uniform Simultaneous Death Act https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020 Basically, the act says that if an heir dies within 5 days of the testator (the boyfriend here), the heir (your son) is considered to have pre-deceased the testator for purposes of distributing his estate/life insurance policies. A heir who dies before the testator does not take from his will or life insurance. Since your son legally pre-deceased the boyfriend, the money does not go to your son but rather goes back into the boyfriend's estate (unless there is a secondary beneficiary named). If your boyfriend has a will, the life insurance would be distributed by that and, if not, via WA intestacy statues (to his family). I am not familiar with Washington's anti-lapse statutes (laws that prevent bequests from failing due to the heir pre-deceasing the testator) but my understanding is they generally operate to benefit the heir's descendants, not parents so those probably don't help you here. I'm very sorry for your loss and wish I could tell you something better. | Contact the HR/Benefits department at the employer. They are the insurance company's "customer" and may be able to assist you in dealing with them. | 1 | 5,700 | 10.888889 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euyyhnp | euyy6u4 | 1,564,110,376 | 1,564,110,238 | 98 | 6 | I am not an estates lawyer but some googling/ bar exam knowledge gets me most of the way to answering your question. Washington has adopted the Uniform Simultaneous Death Act https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020 Basically, the act says that if an heir dies within 5 days of the testator (the boyfriend here), the heir (your son) is considered to have pre-deceased the testator for purposes of distributing his estate/life insurance policies. A heir who dies before the testator does not take from his will or life insurance. Since your son legally pre-deceased the boyfriend, the money does not go to your son but rather goes back into the boyfriend's estate (unless there is a secondary beneficiary named). If your boyfriend has a will, the life insurance would be distributed by that and, if not, via WA intestacy statues (to his family). I am not familiar with Washington's anti-lapse statutes (laws that prevent bequests from failing due to the heir pre-deceasing the testator) but my understanding is they generally operate to benefit the heir's descendants, not parents so those probably don't help you here. I'm very sorry for your loss and wish I could tell you something better. | You need to hire an attorney to review the contestability provisions and your legal position. This is not a job for reddit. | 1 | 138 | 16.333333 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euyyhnp | euysp87 | 1,564,110,376 | 1,564,107,776 | 98 | 4 | I am not an estates lawyer but some googling/ bar exam knowledge gets me most of the way to answering your question. Washington has adopted the Uniform Simultaneous Death Act https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020 Basically, the act says that if an heir dies within 5 days of the testator (the boyfriend here), the heir (your son) is considered to have pre-deceased the testator for purposes of distributing his estate/life insurance policies. A heir who dies before the testator does not take from his will or life insurance. Since your son legally pre-deceased the boyfriend, the money does not go to your son but rather goes back into the boyfriend's estate (unless there is a secondary beneficiary named). If your boyfriend has a will, the life insurance would be distributed by that and, if not, via WA intestacy statues (to his family). I am not familiar with Washington's anti-lapse statutes (laws that prevent bequests from failing due to the heir pre-deceasing the testator) but my understanding is they generally operate to benefit the heir's descendants, not parents so those probably don't help you here. I'm very sorry for your loss and wish I could tell you something better. | > My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. My understanding is that there are laws that basically prevent this situation, where any related deaths over a certain period of time are deemed to occur at the same time. I would think that this would be a question for an estate attorney or other financial attorney that handles this type of thing. > I live in Washington state and the insurance was through my boyfriends employer. I'm wondering if the employer-provided insurance had some limitation. Often these policies cover deaths from accidents only, not for situations like this. > I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I think that if the insurance does pay out, I would think that the path it would take would go through you. But an attorney will know the specific laws for Washington. | 1 | 2,600 | 24.5 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euyy6u4 | euysp87 | 1,564,110,238 | 1,564,107,776 | 6 | 4 | You need to hire an attorney to review the contestability provisions and your legal position. This is not a job for reddit. | > My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. My understanding is that there are laws that basically prevent this situation, where any related deaths over a certain period of time are deemed to occur at the same time. I would think that this would be a question for an estate attorney or other financial attorney that handles this type of thing. > I live in Washington state and the insurance was through my boyfriends employer. I'm wondering if the employer-provided insurance had some limitation. Often these policies cover deaths from accidents only, not for situations like this. > I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I think that if the insurance does pay out, I would think that the path it would take would go through you. But an attorney will know the specific laws for Washington. | 1 | 2,462 | 1.5 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | ev0tpmx | euysp87 | 1,564,146,401 | 1,564,107,776 | 5 | 4 | First of all: oh my god, you poor thing. I am so sorry. Secondly, you can make a claim against your boyfriends estate. | > My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. My understanding is that there are laws that basically prevent this situation, where any related deaths over a certain period of time are deemed to occur at the same time. I would think that this would be a question for an estate attorney or other financial attorney that handles this type of thing. > I live in Washington state and the insurance was through my boyfriends employer. I'm wondering if the employer-provided insurance had some limitation. Often these policies cover deaths from accidents only, not for situations like this. > I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I think that if the insurance does pay out, I would think that the path it would take would go through you. But an attorney will know the specific laws for Washington. | 1 | 38,625 | 1.25 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | ev0tpmx | euzk1ci | 1,564,146,401 | 1,564,121,094 | 5 | 2 | First of all: oh my god, you poor thing. I am so sorry. Secondly, you can make a claim against your boyfriends estate. | >I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. It likely will. In the eyes of the law you were not the heiress of the boyfriend (aka his wife or named in a will) and the heir died within 5 days of the boyfriend so the next in line of inheritance would be his immediate family. | 1 | 25,307 | 2.5 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euysp87 | euyzboq | 1,564,107,776 | 1,564,110,756 | 4 | 6 | > My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. My understanding is that there are laws that basically prevent this situation, where any related deaths over a certain period of time are deemed to occur at the same time. I would think that this would be a question for an estate attorney or other financial attorney that handles this type of thing. > I live in Washington state and the insurance was through my boyfriends employer. I'm wondering if the employer-provided insurance had some limitation. Often these policies cover deaths from accidents only, not for situations like this. > I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I think that if the insurance does pay out, I would think that the path it would take would go through you. But an attorney will know the specific laws for Washington. | Yes you definitely need to visit with an attorney on this one. I believe the general rule is the following (but may be totally different in your state): If your Son/primary beneficiary died before your Boyfriend/insured, then once your boyfriend died, his insurance policy proceeds would go to his secondary beneficiary. Maybe that's why the insurance company is bringing up the issue of a secondary beneficiary ALTHOUGH I don't understand why the insurance company would state that "...they couldn’t tell if there was a secondary beneficiary listed." Don't they have a copy of the insurance policy? But if the insurance policy doesn't have a secondary beneficiary listed, then there is essentially no beneficiary and the life insurance death benefit would go to the insured/boyfriend's estate. HOWEVER, what if your son outlived your boyfriend, even by seconds? OR, what if your son and your boyfriend died at the same time? And if it’s unclear whether your boyfriend or son died first, THEN the case law/insurance rules in your state will determine how the life insurance company will pay out the death benefit. That's why you'll need an attorney experienced in insurance law to review all the facts (maybe even the police report) and make a determination as to how he/your attorney thinks the insurance proceeds should be paid. Good luck. | 0 | 2,980 | 1.5 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | euzk1ci | ev29ea9 | 1,564,121,094 | 1,564,172,792 | 2 | 4 | >I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. It likely will. In the eyes of the law you were not the heiress of the boyfriend (aka his wife or named in a will) and the heir died within 5 days of the boyfriend so the next in line of inheritance would be his immediate family. | I would recommend asking an attorney about suing his estate for the wrongful death of your son. I am so very sorry for your loss. I SO agree that his family should not benefit from this murder/suicide. | 0 | 51,698 | 2 |
chsv1a | legaladvice_train | 0.94 | My boyfriend killed our 2 year old son and then himself. My son was listed as beneficiary on his life insurance but my claim was denied. I received mail from my boyfriends employer stating that my boyfriends insurance went to the guardian of our son (me). My claim got denied and a friend thinks it may be because my son technically passed away before my boyfriend. I called the insurance company and they have asked for a copy of my sons death certificate and said they couldn’t tell if there was a secondary beneficiary listed. I’m worried that the money gets to go to my murderer boyfriends family instead of my son who was his victim. It really doesn’t seem right. I live in Washington state and the insurance was through my boyfriends employer. This is all very difficult for me... but I’m hoping to get insight from this sub to better prepare myself for what will likely be the final decision from the insurance company. | ev29ea9 | ev13da9 | 1,564,172,792 | 1,564,151,556 | 4 | 2 | I would recommend asking an attorney about suing his estate for the wrongful death of your son. I am so very sorry for your loss. I SO agree that his family should not benefit from this murder/suicide. | Not a lawyer but hoping someone could answer - would OP be able to sue his estate for wrongful death & then whatever is left in the estate would go to her? | 1 | 21,236 | 2 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8p4nvh | i8p3zvg | 1,652,624,060 | 1,652,623,732 | 3,423 | 1,842 | They scammed you and took advantage of your inexperience, but at this point, removing anything would be a criminal offense on your part. | > Can I go take back the lumber and other hardware? Absolutely not. That would be a crime, if you just went and did it. Your only recourse here would be to sue them in small claims court, since the statute of limitations is six years in your state. But that's unlikely to work given that you intentionally refunded them. Still, it's your only option. Hopefully there won't be a next time, but if there is, "a deal is a deal, so sue me" is a better response than offering a refund. Sorry this happened. | 1 | 328 | 1.858306 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8ozkqt | i8p4nvh | 1,652,621,517 | 1,652,624,060 | 40 | 3,423 | five years ago means it's probably way too late to do anything about it. | They scammed you and took advantage of your inexperience, but at this point, removing anything would be a criminal offense on your part. | 0 | 2,543 | 85.575 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8p3zvg | i8ozkqt | 1,652,623,732 | 1,652,621,517 | 1,842 | 40 | > Can I go take back the lumber and other hardware? Absolutely not. That would be a crime, if you just went and did it. Your only recourse here would be to sue them in small claims court, since the statute of limitations is six years in your state. But that's unlikely to work given that you intentionally refunded them. Still, it's your only option. Hopefully there won't be a next time, but if there is, "a deal is a deal, so sue me" is a better response than offering a refund. Sorry this happened. | five years ago means it's probably way too late to do anything about it. | 1 | 2,215 | 46.05 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pn5ob | i8pcnf6 | 1,652,632,356 | 1,652,627,741 | 541 | 483 | It's concerning that you did a $5,000 job without a contract. Given that you're *narrowly* within the statute of limitations, you could sue them in small claims court under a theory of unjust enrichment. Bring three hard copies of all the emails exchanged, plus photographs of the fence. Small claims is as affordable as lawsuits get. It might be worth your while. Emphasis on might. And don't call that lawyer again, except perhaps to interrupt him with, "Hold it!" | If you were told that the case would cost more than what you refunded, the same would be true for them as well, the case would have cost more than they are asking. Unfortunately you caved in. When someone threatens to sue, that’s all it is. A threat. It means nothing legally until they actually sue. | 1 | 4,615 | 1.120083 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8phtjm | i8pn5ob | 1,652,630,059 | 1,652,632,356 | 348 | 541 | Sounds like you basically settled by paying them back. | It's concerning that you did a $5,000 job without a contract. Given that you're *narrowly* within the statute of limitations, you could sue them in small claims court under a theory of unjust enrichment. Bring three hard copies of all the emails exchanged, plus photographs of the fence. Small claims is as affordable as lawsuits get. It might be worth your while. Emphasis on might. And don't call that lawyer again, except perhaps to interrupt him with, "Hold it!" | 0 | 2,297 | 1.554598 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pd6b8 | i8pn5ob | 1,652,627,982 | 1,652,632,356 | 246 | 541 | Take pictures of the fence. Hopefully you still have some pictures when you finished the job. If you are still in the statue of limitations I would sue them in small claims. No lawyer needed Worst that can happen is that you lose the case. Next time don't pay them back. You got scammed. | It's concerning that you did a $5,000 job without a contract. Given that you're *narrowly* within the statute of limitations, you could sue them in small claims court under a theory of unjust enrichment. Bring three hard copies of all the emails exchanged, plus photographs of the fence. Small claims is as affordable as lawsuits get. It might be worth your while. Emphasis on might. And don't call that lawyer again, except perhaps to interrupt him with, "Hold it!" | 0 | 4,374 | 2.199187 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pn5ob | i8paykr | 1,652,632,356 | 1,652,626,971 | 541 | 97 | It's concerning that you did a $5,000 job without a contract. Given that you're *narrowly* within the statute of limitations, you could sue them in small claims court under a theory of unjust enrichment. Bring three hard copies of all the emails exchanged, plus photographs of the fence. Small claims is as affordable as lawsuits get. It might be worth your while. Emphasis on might. And don't call that lawyer again, except perhaps to interrupt him with, "Hold it!" | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | 1 | 5,385 | 5.57732 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8ozkqt | i8pn5ob | 1,652,621,517 | 1,652,632,356 | 40 | 541 | five years ago means it's probably way too late to do anything about it. | It's concerning that you did a $5,000 job without a contract. Given that you're *narrowly* within the statute of limitations, you could sue them in small claims court under a theory of unjust enrichment. Bring three hard copies of all the emails exchanged, plus photographs of the fence. Small claims is as affordable as lawsuits get. It might be worth your while. Emphasis on might. And don't call that lawyer again, except perhaps to interrupt him with, "Hold it!" | 0 | 10,839 | 13.525 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8paykr | i8pcnf6 | 1,652,626,971 | 1,652,627,741 | 97 | 483 | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | If you were told that the case would cost more than what you refunded, the same would be true for them as well, the case would have cost more than they are asking. Unfortunately you caved in. When someone threatens to sue, that’s all it is. A threat. It means nothing legally until they actually sue. | 0 | 770 | 4.979381 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8ozkqt | i8pcnf6 | 1,652,621,517 | 1,652,627,741 | 40 | 483 | five years ago means it's probably way too late to do anything about it. | If you were told that the case would cost more than what you refunded, the same would be true for them as well, the case would have cost more than they are asking. Unfortunately you caved in. When someone threatens to sue, that’s all it is. A threat. It means nothing legally until they actually sue. | 0 | 6,224 | 12.075 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8phtjm | i8pd6b8 | 1,652,630,059 | 1,652,627,982 | 348 | 246 | Sounds like you basically settled by paying them back. | Take pictures of the fence. Hopefully you still have some pictures when you finished the job. If you are still in the statue of limitations I would sue them in small claims. No lawyer needed Worst that can happen is that you lose the case. Next time don't pay them back. You got scammed. | 1 | 2,077 | 1.414634 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8paykr | i8phtjm | 1,652,626,971 | 1,652,630,059 | 97 | 348 | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | Sounds like you basically settled by paying them back. | 0 | 3,088 | 3.587629 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8ozkqt | i8phtjm | 1,652,621,517 | 1,652,630,059 | 40 | 348 | five years ago means it's probably way too late to do anything about it. | Sounds like you basically settled by paying them back. | 0 | 8,542 | 8.7 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pd6b8 | i8paykr | 1,652,627,982 | 1,652,626,971 | 246 | 97 | Take pictures of the fence. Hopefully you still have some pictures when you finished the job. If you are still in the statue of limitations I would sue them in small claims. No lawyer needed Worst that can happen is that you lose the case. Next time don't pay them back. You got scammed. | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | 1 | 1,011 | 2.536082 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pd6b8 | i8ozkqt | 1,652,627,982 | 1,652,621,517 | 246 | 40 | Take pictures of the fence. Hopefully you still have some pictures when you finished the job. If you are still in the statue of limitations I would sue them in small claims. No lawyer needed Worst that can happen is that you lose the case. Next time don't pay them back. You got scammed. | five years ago means it's probably way too late to do anything about it. | 1 | 6,465 | 6.15 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pstt1 | i8paykr | 1,652,634,812 | 1,652,626,971 | 172 | 97 | >He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. That lawyer sounds like an idiot who fears the courtroom. At this point though, you should just let it go. | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | 1 | 7,841 | 1.773196 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pstt1 | i8ozkqt | 1,652,634,812 | 1,652,621,517 | 172 | 40 | >He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. That lawyer sounds like an idiot who fears the courtroom. At this point though, you should just let it go. | five years ago means it's probably way too late to do anything about it. | 1 | 13,295 | 4.3 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pstom | i8pstt1 | 1,652,634,810 | 1,652,634,812 | 5 | 172 | Put a lien on their house through small claims court for the materials. | >He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. That lawyer sounds like an idiot who fears the courtroom. At this point though, you should just let it go. | 0 | 2 | 34.4 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8paykr | i8q7jzz | 1,652,626,971 | 1,652,641,260 | 97 | 99 | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | The lawyer saw no money in a small claims court filing of $5000 that was already in your pocket. Filing fees for small claims court is $50-250 most times. You have time to sue them and have a case for bad faith. Verbal contracts can be upheld And you have proof they paid and you refunded. Also why did they pay you at completion if it was so awful. Document everything. Show up with the receipts. | 0 | 14,289 | 1.020619 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8ozkqt | i8q7jzz | 1,652,621,517 | 1,652,641,260 | 40 | 99 | five years ago means it's probably way too late to do anything about it. | The lawyer saw no money in a small claims court filing of $5000 that was already in your pocket. Filing fees for small claims court is $50-250 most times. You have time to sue them and have a case for bad faith. Verbal contracts can be upheld And you have proof they paid and you refunded. Also why did they pay you at completion if it was so awful. Document everything. Show up with the receipts. | 0 | 19,743 | 2.475 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pz6r0 | i8q7jzz | 1,652,637,572 | 1,652,641,260 | 29 | 99 | I am not a lawyer but in my experience (not in Washington State!) with construction contracts, I think you're probably SOL. You and this person had a contract to build a fence. A contract doesn't have to be in writing (but get things in writing!), but instead is a 'meeting of the minds.' That is, you agreed to build a fence and they agreed to pay ou $5000. They then told you that the fence wasn't good, and you voluntarily agreed to give them money back. They could argue that you paying them back is an admission on your part that the quality wasn't up to par. Or they could also argue that the money was actually some form of a gift. Unless you have some agreement (though it *technically* have to be in writing, I don't see how you'd get by without it being in writing) that you were giving them $3800 and in exchange, they promised to have another contractor build the fence, they were under no obligation to have that work done, at all. Finally, just because there's a fence there that *looks like your fence* doesn't necessarily mean that it *is your fence*. They could say (possibly truthfully! probably not!) that they did pay another person to disassemble the fence and then rebuild it (possibly even reusing the lumber). They might even have receipts, but again, unless they signed something to the contrary, the $3800 you paid them came with no strings. If you're still working as a contractor, talk to a lawyer (preferably one who specializes in construction - to find one, you might want to ask real estate lawyers if they know one) and consider hiring them to help come up with a standard contract (that you can modify as needed for different jobs). Alternatively, look for associations for contractors who may have resources including boilerplate forms that comply with all laws in your area if you join. They're also a good place to network, which can help if you encounter jobs that you can't take on or if a part of a project needs skills you don't have, and you can also meet other contractors who might throw some extra work your way. Most contractors treat the paperwork as an afterthought, but a good contract can really help you (and help manage client expectations). In a perfect world, the contract should specify what work is being done, how payments are managed, how approval happens, and what recourse the clients have if they have issues. For example, you may say that the client pays X% up front, X% when some phase of the project is complete, and X% either at project completion or when the work passes any relevant inspections. It might specify that after that, the work is considered complete, or you might offer a warranty (against defective workmanship but not against hazards, e.g. if someone ran a car into the fence or if it was struck by lightning and caught fire) for some period of time. In many states, there's a lot of laws around contracting - e.g. there may be limits in how much you can ask up front, you may have certain disclosures that you have to provide clients (like they are free to cancel within X days unless the work has started), or you may have to provide proof of your license, etc. Sorry this happened to you, but it sounds like you did make it out ot Hawaii and are still here to fight another day - so good luck and hope you never encounter anything like this again! | The lawyer saw no money in a small claims court filing of $5000 that was already in your pocket. Filing fees for small claims court is $50-250 most times. You have time to sue them and have a case for bad faith. Verbal contracts can be upheld And you have proof they paid and you refunded. Also why did they pay you at completion if it was so awful. Document everything. Show up with the receipts. | 0 | 3,688 | 3.413793 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8q7jzz | i8ptv7f | 1,652,641,260 | 1,652,635,262 | 99 | 10 | The lawyer saw no money in a small claims court filing of $5000 that was already in your pocket. Filing fees for small claims court is $50-250 most times. You have time to sue them and have a case for bad faith. Verbal contracts can be upheld And you have proof they paid and you refunded. Also why did they pay you at completion if it was so awful. Document everything. Show up with the receipts. | You should have stood your ground in the beginning and went to court. Most judges are regular people with common sense and they have to follow the law. Each state is different on repossession laws so you need to check with your state but once you returned the money you admitted that you done something wrong is what the court is going to think. Why would you return money if you thought you was right and the job was done properly?? Each state has their own repossession laws so check with the state but I’m pretty sure 3 years is probably going to be to long to do anything that route, most states say that once you install something on someone’s property even their vehicle it is their property, possession is 9/10ths of the law thing. Lastly always have a contract and always make the customer sign off saying they have inspected the work and are happy with it. I think you pretty much screwed yourself on this deal. | 1 | 5,998 | 9.9 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8q7jzz | i8pzqfw | 1,652,641,260 | 1,652,637,809 | 99 | 9 | The lawyer saw no money in a small claims court filing of $5000 that was already in your pocket. Filing fees for small claims court is $50-250 most times. You have time to sue them and have a case for bad faith. Verbal contracts can be upheld And you have proof they paid and you refunded. Also why did they pay you at completion if it was so awful. Document everything. Show up with the receipts. | if you didn't offer money-back guarantee, and your company doesn't advertise money-back guarantee, then just there is no money-back guarantee. There is no law requiring businesses to have money-back guarantee, so as I said, if you didn't agreed and made contract about it, they can't do anything. | 1 | 3,451 | 11 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8q7jzz | i8pstom | 1,652,641,260 | 1,652,634,810 | 99 | 5 | The lawyer saw no money in a small claims court filing of $5000 that was already in your pocket. Filing fees for small claims court is $50-250 most times. You have time to sue them and have a case for bad faith. Verbal contracts can be upheld And you have proof they paid and you refunded. Also why did they pay you at completion if it was so awful. Document everything. Show up with the receipts. | Put a lien on their house through small claims court for the materials. | 1 | 6,450 | 19.8 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8paykr | i8ozkqt | 1,652,626,971 | 1,652,621,517 | 97 | 40 | Hi op. Their behavior was super shitty, and they took advantage of your good intentions. But unfortunately since there was no contract, you refunded them, and time has passed your most likely SOL. It’s sucks, but the most valuable thing you’ll be able to get from them is the painful lesson you learned. | five years ago means it's probably way too late to do anything about it. | 1 | 5,454 | 2.425 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pz6r0 | i8ptv7f | 1,652,637,572 | 1,652,635,262 | 29 | 10 | I am not a lawyer but in my experience (not in Washington State!) with construction contracts, I think you're probably SOL. You and this person had a contract to build a fence. A contract doesn't have to be in writing (but get things in writing!), but instead is a 'meeting of the minds.' That is, you agreed to build a fence and they agreed to pay ou $5000. They then told you that the fence wasn't good, and you voluntarily agreed to give them money back. They could argue that you paying them back is an admission on your part that the quality wasn't up to par. Or they could also argue that the money was actually some form of a gift. Unless you have some agreement (though it *technically* have to be in writing, I don't see how you'd get by without it being in writing) that you were giving them $3800 and in exchange, they promised to have another contractor build the fence, they were under no obligation to have that work done, at all. Finally, just because there's a fence there that *looks like your fence* doesn't necessarily mean that it *is your fence*. They could say (possibly truthfully! probably not!) that they did pay another person to disassemble the fence and then rebuild it (possibly even reusing the lumber). They might even have receipts, but again, unless they signed something to the contrary, the $3800 you paid them came with no strings. If you're still working as a contractor, talk to a lawyer (preferably one who specializes in construction - to find one, you might want to ask real estate lawyers if they know one) and consider hiring them to help come up with a standard contract (that you can modify as needed for different jobs). Alternatively, look for associations for contractors who may have resources including boilerplate forms that comply with all laws in your area if you join. They're also a good place to network, which can help if you encounter jobs that you can't take on or if a part of a project needs skills you don't have, and you can also meet other contractors who might throw some extra work your way. Most contractors treat the paperwork as an afterthought, but a good contract can really help you (and help manage client expectations). In a perfect world, the contract should specify what work is being done, how payments are managed, how approval happens, and what recourse the clients have if they have issues. For example, you may say that the client pays X% up front, X% when some phase of the project is complete, and X% either at project completion or when the work passes any relevant inspections. It might specify that after that, the work is considered complete, or you might offer a warranty (against defective workmanship but not against hazards, e.g. if someone ran a car into the fence or if it was struck by lightning and caught fire) for some period of time. In many states, there's a lot of laws around contracting - e.g. there may be limits in how much you can ask up front, you may have certain disclosures that you have to provide clients (like they are free to cancel within X days unless the work has started), or you may have to provide proof of your license, etc. Sorry this happened to you, but it sounds like you did make it out ot Hawaii and are still here to fight another day - so good luck and hope you never encounter anything like this again! | You should have stood your ground in the beginning and went to court. Most judges are regular people with common sense and they have to follow the law. Each state is different on repossession laws so you need to check with your state but once you returned the money you admitted that you done something wrong is what the court is going to think. Why would you return money if you thought you was right and the job was done properly?? Each state has their own repossession laws so check with the state but I’m pretty sure 3 years is probably going to be to long to do anything that route, most states say that once you install something on someone’s property even their vehicle it is their property, possession is 9/10ths of the law thing. Lastly always have a contract and always make the customer sign off saying they have inspected the work and are happy with it. I think you pretty much screwed yourself on this deal. | 1 | 2,310 | 2.9 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pz6r0 | i8pstom | 1,652,637,572 | 1,652,634,810 | 29 | 5 | I am not a lawyer but in my experience (not in Washington State!) with construction contracts, I think you're probably SOL. You and this person had a contract to build a fence. A contract doesn't have to be in writing (but get things in writing!), but instead is a 'meeting of the minds.' That is, you agreed to build a fence and they agreed to pay ou $5000. They then told you that the fence wasn't good, and you voluntarily agreed to give them money back. They could argue that you paying them back is an admission on your part that the quality wasn't up to par. Or they could also argue that the money was actually some form of a gift. Unless you have some agreement (though it *technically* have to be in writing, I don't see how you'd get by without it being in writing) that you were giving them $3800 and in exchange, they promised to have another contractor build the fence, they were under no obligation to have that work done, at all. Finally, just because there's a fence there that *looks like your fence* doesn't necessarily mean that it *is your fence*. They could say (possibly truthfully! probably not!) that they did pay another person to disassemble the fence and then rebuild it (possibly even reusing the lumber). They might even have receipts, but again, unless they signed something to the contrary, the $3800 you paid them came with no strings. If you're still working as a contractor, talk to a lawyer (preferably one who specializes in construction - to find one, you might want to ask real estate lawyers if they know one) and consider hiring them to help come up with a standard contract (that you can modify as needed for different jobs). Alternatively, look for associations for contractors who may have resources including boilerplate forms that comply with all laws in your area if you join. They're also a good place to network, which can help if you encounter jobs that you can't take on or if a part of a project needs skills you don't have, and you can also meet other contractors who might throw some extra work your way. Most contractors treat the paperwork as an afterthought, but a good contract can really help you (and help manage client expectations). In a perfect world, the contract should specify what work is being done, how payments are managed, how approval happens, and what recourse the clients have if they have issues. For example, you may say that the client pays X% up front, X% when some phase of the project is complete, and X% either at project completion or when the work passes any relevant inspections. It might specify that after that, the work is considered complete, or you might offer a warranty (against defective workmanship but not against hazards, e.g. if someone ran a car into the fence or if it was struck by lightning and caught fire) for some period of time. In many states, there's a lot of laws around contracting - e.g. there may be limits in how much you can ask up front, you may have certain disclosures that you have to provide clients (like they are free to cancel within X days unless the work has started), or you may have to provide proof of your license, etc. Sorry this happened to you, but it sounds like you did make it out ot Hawaii and are still here to fight another day - so good luck and hope you never encounter anything like this again! | Put a lien on their house through small claims court for the materials. | 1 | 2,762 | 5.8 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pstom | i8ptv7f | 1,652,634,810 | 1,652,635,262 | 5 | 10 | Put a lien on their house through small claims court for the materials. | You should have stood your ground in the beginning and went to court. Most judges are regular people with common sense and they have to follow the law. Each state is different on repossession laws so you need to check with your state but once you returned the money you admitted that you done something wrong is what the court is going to think. Why would you return money if you thought you was right and the job was done properly?? Each state has their own repossession laws so check with the state but I’m pretty sure 3 years is probably going to be to long to do anything that route, most states say that once you install something on someone’s property even their vehicle it is their property, possession is 9/10ths of the law thing. Lastly always have a contract and always make the customer sign off saying they have inspected the work and are happy with it. I think you pretty much screwed yourself on this deal. | 0 | 452 | 2 |
uq645i | legaladvice_train | 0.97 | Customer asked and paid for me to build them a $5000 fence. They liked it the whole time I was building it. Afterwards, they wanted $3800 back and threatened to take it to court. What can I do? [Washington state] I work as a general contractor, a friend of my other half asked me to build them a fence around their new home. This included hauling off the old brick and wrought iron fence. I saw the customers everyday, asked them every detail, down to which screws they wanted and how evenly spaced they'd like them on each board. I finished up fully paid, and after a few weeks I get an email with a slew of complaints, none of which were mentioned during the building process or brought up until this point. At this time, I was saving up to move to Hawaii with my other half for work. We were very tight on money and this hit us pretty hard, not a month before our move. I called a lawyer and got a consultation over the phone. He told me I would pay more in small claims court costs, and they would probably win because they are customers and the end product is subjective to their approval. (I foolishly did not have a contract, but this was one of my first jobs and I learned that lesson from it. ) Anyway, in the complaint email, they originally asked for the entire $5000 back and we're adamant. I reminded them of the $700 in dump fees for their old fence and the labor to take it down. And they went down to $3800. They threatened small claims court, and they already had lawyers, etc. I didnt know what else to do at the time so I just bit my tongue and paid them off. I then moved to Hawaii for 2 years and Ive now moved back to Washington state. I've been back for 3 years so this happened 5 years ago. I recently drove past the customers place, and they haven't TOUCHED the fence I built. It's still there, looking good. They told me they absolutely wanted it replaced by a different contractor and that they were going to take it down. Can I go take back the lumber and other hardware? I've seen videos of contractors doing this and I wouldn't mind doing it myself if I had an officer there. These customers wouldn't let this fence go easily. It is a very nice looking fence you know. I wouldn't feel comfortable without some protection from them. Should I seek legal help and file suite? They obviously lied and are still using the fence I worked for a month to build. | i8pstom | i8pzqfw | 1,652,634,810 | 1,652,637,809 | 5 | 9 | Put a lien on their house through small claims court for the materials. | if you didn't offer money-back guarantee, and your company doesn't advertise money-back guarantee, then just there is no money-back guarantee. There is no law requiring businesses to have money-back guarantee, so as I said, if you didn't agreed and made contract about it, they can't do anything. | 0 | 2,999 | 1.8 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | gifjk5l | gifskg6 | 1,610,032,528 | 1,610,036,804 | 95 | 104 | Remember that this sub has a biais for stories about bad events. Times when people get along don't require legal advise. Decide how you want to treat the live-in girlfriend early. Don't over complicate things by coming off hostile from the start, and don't make any verbal agreements before matters are settled. The safest option is to find an estate lawyer and do things by the book. Check out the FAQ's about probate and inheritance, and the bar association for lawyer recommendations. | The only note I can give is that life insurance policies usually only pay out in the event of a suicide if the policy has been held for a certain number of years before the death. This is to prevent people from getting life insurance then committing suicide purely to get their family the money. Usually this is about 3 years. I used to work in insurance. I'm very sorry for your loss. | 0 | 4,276 | 1.094737 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | giffk7k | gifskg6 | 1,610,030,483 | 1,610,036,804 | 10 | 104 | Sorry for your loss You need a probate attorney. This is far too complex of an issue for reddit, but keep everything intact and where it is as much as possible. Put the note somewhere secure, and make sure to have photos of it, just in case. | The only note I can give is that life insurance policies usually only pay out in the event of a suicide if the policy has been held for a certain number of years before the death. This is to prevent people from getting life insurance then committing suicide purely to get their family the money. Usually this is about 3 years. I used to work in insurance. I'm very sorry for your loss. | 0 | 6,321 | 10.4 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | giffk7k | gifjk5l | 1,610,030,483 | 1,610,032,528 | 10 | 95 | Sorry for your loss You need a probate attorney. This is far too complex of an issue for reddit, but keep everything intact and where it is as much as possible. Put the note somewhere secure, and make sure to have photos of it, just in case. | Remember that this sub has a biais for stories about bad events. Times when people get along don't require legal advise. Decide how you want to treat the live-in girlfriend early. Don't over complicate things by coming off hostile from the start, and don't make any verbal agreements before matters are settled. The safest option is to find an estate lawyer and do things by the book. Check out the FAQ's about probate and inheritance, and the bar association for lawyer recommendations. | 0 | 2,045 | 9.5 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | gigkg0a | giffk7k | 1,610,049,054 | 1,610,030,483 | 13 | 10 | In addition to the info you already have been given, you might get in contact with any veteran's organizations he was part of or that are nearby - like the American Legion or VFW. They may have specific resources for veterans that would help here, such as helping covering burial costs. They may also be able to give you referrals to people who will give you discounts or advantageous pricing. | Sorry for your loss You need a probate attorney. This is far too complex of an issue for reddit, but keep everything intact and where it is as much as possible. Put the note somewhere secure, and make sure to have photos of it, just in case. | 1 | 18,571 | 1.3 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | gihdv6l | gihelm1 | 1,610,062,702 | 1,610,063,068 | 3 | 6 | Holographic wills, meaning handwritten wills, aren’t valid in Kansas - so your dads note is effectively invalid as to the distribution of his estate. Your dads estate will be distributed either according to his most recent and valid will (if he has one) or via laws of intestacy. Chances are his live in GF isn’t entitled to anything. | I'm sorry for your loss. Government employee here. If he was using a TSP (Thrift Savings Account) as his retirement account, unless he designated otherwise, the account goes to next of kin in order of spouse then children. Since he and the girlfriend weren't married, she has no claim to it and the feds won't release it to her. | 0 | 366 | 2 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | gihv3xb | gihdv6l | 1,610,071,570 | 1,610,062,702 | 5 | 3 | I'm sorry for your loss. If he was in the Army, he most likely has a legal will as one is typically required prior to any deployments. Granted the requirement for a will depends on the time frame during which your dad served. I would definitely look through your dad's military paperwork to see if maybe his will is mixed in. | Holographic wills, meaning handwritten wills, aren’t valid in Kansas - so your dads note is effectively invalid as to the distribution of his estate. Your dads estate will be distributed either according to his most recent and valid will (if he has one) or via laws of intestacy. Chances are his live in GF isn’t entitled to anything. | 1 | 8,868 | 1.666667 |
ksdjkp | legaladvice_train | 0.97 | My dad committed suicide, I’m his eldest son but live 1000 miles away. My father lived in Kansas after he retired from the Army near the base he was stationed at. He was a government employee. My younger brother lives about 30 miles from him. He had a live-in girlfriend. My dad owned his home and had a fairly large estate: lots of possessions, life insurance, etc. We do not know if he had a legal will yet. All we have so far is his suicide note that designates my brother and I as his beneficiaries. I know that this will probably be a big shit show and require an attorney because of the live in girlfriend. Help, please. | gihv3xb | gihqft1 | 1,610,071,570 | 1,610,069,136 | 5 | 3 | I'm sorry for your loss. If he was in the Army, he most likely has a legal will as one is typically required prior to any deployments. Granted the requirement for a will depends on the time frame during which your dad served. I would definitely look through your dad's military paperwork to see if maybe his will is mixed in. | You absolutely need to get ahead of this. Return home, hire a lawyer, protect the house, take photos of property, itemize in case they start to strip the house and sell things. | 1 | 2,434 | 1.666667 |
uu52k7 | legaladvice_train | 0.97 | GoFundMe started for my children after their father committed suicide. On May 11th my childrens dad hung himself - I found him the next day. His parents and sister started a gofundme and the campaign states that it is for our kids, his dad is the organizer. Today I reached out to them asking them to send me a beneficiary invite so I can make sure the funds will be transferred directly to me, I am and always have been their primary caregiver and custodial parent. His parents are skirting around it and saying “We can talk about that at the service” and his sister said “I don’t have access to that.” Me and my kids will have nowhere to live come July. I was really hoping that money could go to a house or apartment for us. I also desperately need therapy, I am the one who found him, hanging in his closet, on the 12th, two days after our 3 year old son’s birthday, and 3 days before our 4 year old daughters birthday. Then I had to explain to these two babies that they will never see their dad again. The campaign has raised over $13,000 so far. What rights do I have here? I don’t want to report the fundraiser because I am pretty sure if I do the donations will be refunded. I absolutely will report it though if they intend to keep the funds for themselves. I just want to know if there is any way to legally make them list me as the beneficiary. Thank you in advance :( | i9d8akt | i9dra9d | 1,653,075,390 | 1,653,084,042 | 2,000 | 2,441 | Reach out to Go Fund Me. https://support.gofundme.com/hc/en-us/articles/115015913628-Claiming-a-GoFundMe-started-on-your-behalf | Have you applied for the kids to draw on their fathers social security? There is also a benefit for their caregiver (you). Please do this if you haven’t already. | 0 | 8,652 | 1.2205 |
uu52k7 | legaladvice_train | 0.97 | GoFundMe started for my children after their father committed suicide. On May 11th my childrens dad hung himself - I found him the next day. His parents and sister started a gofundme and the campaign states that it is for our kids, his dad is the organizer. Today I reached out to them asking them to send me a beneficiary invite so I can make sure the funds will be transferred directly to me, I am and always have been their primary caregiver and custodial parent. His parents are skirting around it and saying “We can talk about that at the service” and his sister said “I don’t have access to that.” Me and my kids will have nowhere to live come July. I was really hoping that money could go to a house or apartment for us. I also desperately need therapy, I am the one who found him, hanging in his closet, on the 12th, two days after our 3 year old son’s birthday, and 3 days before our 4 year old daughters birthday. Then I had to explain to these two babies that they will never see their dad again. The campaign has raised over $13,000 so far. What rights do I have here? I don’t want to report the fundraiser because I am pretty sure if I do the donations will be refunded. I absolutely will report it though if they intend to keep the funds for themselves. I just want to know if there is any way to legally make them list me as the beneficiary. Thank you in advance :( | i9dra9d | i9dj8pv | 1,653,084,042 | 1,653,080,314 | 2,441 | 252 | Have you applied for the kids to draw on their fathers social security? There is also a benefit for their caregiver (you). Please do this if you haven’t already. | I'm sorry that you're dealing with this. Horrible situation. Note that there are a lot of options other than "the money gets transferred to you" and "grandparents planning to keep the money for themselves." For example, they might be putting the money into a college fund or into a trust for your kids' future benefit. Did the GoFundMe talk about what would happen to the money? Did it mention you at all? Or is it just directed to your kids? | 1 | 3,728 | 9.686508 |
uu52k7 | legaladvice_train | 0.97 | GoFundMe started for my children after their father committed suicide. On May 11th my childrens dad hung himself - I found him the next day. His parents and sister started a gofundme and the campaign states that it is for our kids, his dad is the organizer. Today I reached out to them asking them to send me a beneficiary invite so I can make sure the funds will be transferred directly to me, I am and always have been their primary caregiver and custodial parent. His parents are skirting around it and saying “We can talk about that at the service” and his sister said “I don’t have access to that.” Me and my kids will have nowhere to live come July. I was really hoping that money could go to a house or apartment for us. I also desperately need therapy, I am the one who found him, hanging in his closet, on the 12th, two days after our 3 year old son’s birthday, and 3 days before our 4 year old daughters birthday. Then I had to explain to these two babies that they will never see their dad again. The campaign has raised over $13,000 so far. What rights do I have here? I don’t want to report the fundraiser because I am pretty sure if I do the donations will be refunded. I absolutely will report it though if they intend to keep the funds for themselves. I just want to know if there is any way to legally make them list me as the beneficiary. Thank you in advance :( | i9dsnis | i9dj8pv | 1,653,084,694 | 1,653,080,314 | 691 | 252 | I am so deeply sorry for your loss. Do you have access to an Employee Assistance Program (EAP) via your employer? or your husbands employer? Most have a free legal benefit that can connect you with a local lawyer to help navigate this complex situation. Each EAP program is different but most provide access to free therapy, compassion funding and other services. | I'm sorry that you're dealing with this. Horrible situation. Note that there are a lot of options other than "the money gets transferred to you" and "grandparents planning to keep the money for themselves." For example, they might be putting the money into a college fund or into a trust for your kids' future benefit. Did the GoFundMe talk about what would happen to the money? Did it mention you at all? Or is it just directed to your kids? | 1 | 4,380 | 2.742063 |
uu52k7 | legaladvice_train | 0.97 | GoFundMe started for my children after their father committed suicide. On May 11th my childrens dad hung himself - I found him the next day. His parents and sister started a gofundme and the campaign states that it is for our kids, his dad is the organizer. Today I reached out to them asking them to send me a beneficiary invite so I can make sure the funds will be transferred directly to me, I am and always have been their primary caregiver and custodial parent. His parents are skirting around it and saying “We can talk about that at the service” and his sister said “I don’t have access to that.” Me and my kids will have nowhere to live come July. I was really hoping that money could go to a house or apartment for us. I also desperately need therapy, I am the one who found him, hanging in his closet, on the 12th, two days after our 3 year old son’s birthday, and 3 days before our 4 year old daughters birthday. Then I had to explain to these two babies that they will never see their dad again. The campaign has raised over $13,000 so far. What rights do I have here? I don’t want to report the fundraiser because I am pretty sure if I do the donations will be refunded. I absolutely will report it though if they intend to keep the funds for themselves. I just want to know if there is any way to legally make them list me as the beneficiary. Thank you in advance :( | i9elgb8 | i9e86mc | 1,653,099,550 | 1,653,092,539 | 111 | 64 | If you live in the US, contact Social Security about survivor benefits for the children. Doesn't matter if you were married or not as long as he's on the birth certificates. Check with UPS as to a insurance benefit and if you're the payee because if he was employed more than 2 years the suicide clause is usually waived. Any bills that were only in his name (you were not cosigner) you do NOT owe. Hope this helps. | Which state do you live in? Now that you have no income, you can apply for state Medicaid, which provides free therapy. | 1 | 7,011 | 1.734375 |
uu52k7 | legaladvice_train | 0.97 | GoFundMe started for my children after their father committed suicide. On May 11th my childrens dad hung himself - I found him the next day. His parents and sister started a gofundme and the campaign states that it is for our kids, his dad is the organizer. Today I reached out to them asking them to send me a beneficiary invite so I can make sure the funds will be transferred directly to me, I am and always have been their primary caregiver and custodial parent. His parents are skirting around it and saying “We can talk about that at the service” and his sister said “I don’t have access to that.” Me and my kids will have nowhere to live come July. I was really hoping that money could go to a house or apartment for us. I also desperately need therapy, I am the one who found him, hanging in his closet, on the 12th, two days after our 3 year old son’s birthday, and 3 days before our 4 year old daughters birthday. Then I had to explain to these two babies that they will never see their dad again. The campaign has raised over $13,000 so far. What rights do I have here? I don’t want to report the fundraiser because I am pretty sure if I do the donations will be refunded. I absolutely will report it though if they intend to keep the funds for themselves. I just want to know if there is any way to legally make them list me as the beneficiary. Thank you in advance :( | i9e882i | i9elgb8 | 1,653,092,561 | 1,653,099,550 | 65 | 111 | You can also contact SAMSHA for free mental health service | If you live in the US, contact Social Security about survivor benefits for the children. Doesn't matter if you were married or not as long as he's on the birth certificates. Check with UPS as to a insurance benefit and if you're the payee because if he was employed more than 2 years the suicide clause is usually waived. Any bills that were only in his name (you were not cosigner) you do NOT owe. Hope this helps. | 0 | 6,989 | 1.707692 |
uu52k7 | legaladvice_train | 0.97 | GoFundMe started for my children after their father committed suicide. On May 11th my childrens dad hung himself - I found him the next day. His parents and sister started a gofundme and the campaign states that it is for our kids, his dad is the organizer. Today I reached out to them asking them to send me a beneficiary invite so I can make sure the funds will be transferred directly to me, I am and always have been their primary caregiver and custodial parent. His parents are skirting around it and saying “We can talk about that at the service” and his sister said “I don’t have access to that.” Me and my kids will have nowhere to live come July. I was really hoping that money could go to a house or apartment for us. I also desperately need therapy, I am the one who found him, hanging in his closet, on the 12th, two days after our 3 year old son’s birthday, and 3 days before our 4 year old daughters birthday. Then I had to explain to these two babies that they will never see their dad again. The campaign has raised over $13,000 so far. What rights do I have here? I don’t want to report the fundraiser because I am pretty sure if I do the donations will be refunded. I absolutely will report it though if they intend to keep the funds for themselves. I just want to know if there is any way to legally make them list me as the beneficiary. Thank you in advance :( | i9e86mc | i9e882i | 1,653,092,539 | 1,653,092,561 | 64 | 65 | Which state do you live in? Now that you have no income, you can apply for state Medicaid, which provides free therapy. | You can also contact SAMSHA for free mental health service | 0 | 22 | 1.015625 |
udbhp0 | legaladvice_train | 0.94 | My boyfriend committed suicide and I am pregnant. I have concerns with his family about administration over the estate.. what should I do? So, I am due with his daughter in July. If he had a will I have no clue what’s in it exactly. His mother had reached out me about a month ago to let me know that her lawyer told her to tell me that I needed to get a lawyer because the baby is entitled by law to his entire estate. That I need to establish guardianship over the estate until she is of age. Nonchalantly, she then mentions that her lawyer will be sending something in the mail for me to sign. Today, she texts me and lets me know that she doesn’t know when they are sending the form.. but it should be sometime soon. I ask what it’s for. She says “I believe it’s a consent form granting me administrator of the estate. His brother & sister need you to sign as well.” So what exactly does this mean? Im not sure how to take this. I am not a greedy person or anything along those lines, but we literally have NOTHING. Social security will help but since we were not married, I do not qualify for surviving spouse benefits (only surviving child). My partner had a significant amount of assets, and his family is pretty well off. I am just having trouble understanding their point of view. The last thing I want is conflict over this, but I feel that what they are doing is crossing the line? | i6ftx25 | i6fy0ic | 1,651,087,495 | 1,651,089,117 | 83 | 230 | Take your paperwork to a lawyer and let him read it. He can explain it to you and if you should sign it or not. Don’t sign anything until you have a lawyer look at it. He can explain what it means to you and your baby | I'm sorry for your loss. That's horrible. The advice others have given you to have your own representation is sound. I want to give you a brief intro into what happens next. Your boyfriend's assets are now owned by a legal entity called an estate. These come into being any time someone dies, and exist to handle the transition from "assets and obligations from someone who is no longer here to handle them" to "assets and obligations that have been settled and distributed." The estate is, or will be, managed by a representative, variously called the executor, personal representative, or administrator depending on jurisdiction and context, who can take action as the estate on behalf of the deceased. That person is accountable to everyone who has a legal interest in the estate, including all of the decedent's heirs and creditors. They get their marching orders from one of two places: the will, if the decedent left one, or the jurisdiction's rules for estates with no will, otherwise. Estate administrators theoretically don't have a lot of decisions to make about what happens to the estate, only about how it happens, but it's worth being active in the process rather than leaving it to the administrator, especially if your trust in that person isn't great. As part of the process of choosing an executor and notifying people, it's normal to send everyone involved a packet that contains a number of documents: * A copy of the will or an affidavit that the decedent left no will, * A copy of the petition to be named executor or a copy of the small estate paperwork, as appropriate, and * A waiver that the party can return to indicate their consent to the appointment of the executor and, usually, also a waiver of service of process on routine estate business. These are routine, but worth considering carefully and having reviewed. If that's all this is, then all you're really agreeing to is that yes, the decedent's mother is allowed to administer the estate, and they don't need to hire a process server to get in touch with you at each stage of the process so long as they communicate some other way. It is possible that the executor will include other documents that they want your signature on, which should be looked at case by case, and it is possible that the service waiver might contain additional terms, which you should have reviewed. You can also object to the appointment of that executor or seek to be appointed yourself, if you prefer. If there's conflict over who will administer the estate, and the various parties can't work it out, then the courts can decide; often that leads to a lawyer being appointed to administer the estate (and they charge for that - generally a percentage of the decedent's assets). Assuming they are appointed, the executor's actual job is to inventory the decedent's assets, notify creditors and beneficiaries, file tax returns and other critical documents, settle the decedent's debts with those assets, and distribute the remainder to the beneficiaries (such as your daughter). It's largely paperwork and bank transfers, in other words. They are also responsible for keeping records regarding these actions and providing those records to the interested parties, including you, as needed. As your daughter is yet unborn, this will have to be handled with some care; one common arrangement is that they will be left to her in trust, with someone (you, probably) acting as a trustee over those funds to manage them until the beneficiary is old enough to receive them themselves. A trust is another legal entity, separate from both yourself and your daughter, which has its own responsibilities. Managing a trust isn't hard, but it does take some care and it's worth getting professional input on. You'll also want to discuss with your lawyer what will happen to those assets in the event you miscarry or your child dies before receiving them - the terms of your boyfriend's will may control this, and while it's not a happy subject, you should know what the plan is. | 0 | 1,622 | 2.771084 |
udbhp0 | legaladvice_train | 0.94 | My boyfriend committed suicide and I am pregnant. I have concerns with his family about administration over the estate.. what should I do? So, I am due with his daughter in July. If he had a will I have no clue what’s in it exactly. His mother had reached out me about a month ago to let me know that her lawyer told her to tell me that I needed to get a lawyer because the baby is entitled by law to his entire estate. That I need to establish guardianship over the estate until she is of age. Nonchalantly, she then mentions that her lawyer will be sending something in the mail for me to sign. Today, she texts me and lets me know that she doesn’t know when they are sending the form.. but it should be sometime soon. I ask what it’s for. She says “I believe it’s a consent form granting me administrator of the estate. His brother & sister need you to sign as well.” So what exactly does this mean? Im not sure how to take this. I am not a greedy person or anything along those lines, but we literally have NOTHING. Social security will help but since we were not married, I do not qualify for surviving spouse benefits (only surviving child). My partner had a significant amount of assets, and his family is pretty well off. I am just having trouble understanding their point of view. The last thing I want is conflict over this, but I feel that what they are doing is crossing the line? | i6h7vpq | i6hnevl | 1,651,109,070 | 1,651,116,093 | 8 | 14 | Don't sign anything without an ok from your own attorney. | Our sympathies to you in what must be a difficult time to grieve. By virtue of the fact that you and your boyfriend were not legally married, by law you don't qualify to inherit anything from his estate. That's why someone asked what state you live in, because what you might be entitled to is very state-specific in accordance to what the law says. The good part for you is that it appears that his family is sympathetic to the fact that he has a child coming and they may be willing to provide funds to set up a trust to help pay the child's living expenses. Do not sign any forms until you have reviewed them with your own attorney. | 0 | 7,023 | 1.75 |
udbhp0 | legaladvice_train | 0.94 | My boyfriend committed suicide and I am pregnant. I have concerns with his family about administration over the estate.. what should I do? So, I am due with his daughter in July. If he had a will I have no clue what’s in it exactly. His mother had reached out me about a month ago to let me know that her lawyer told her to tell me that I needed to get a lawyer because the baby is entitled by law to his entire estate. That I need to establish guardianship over the estate until she is of age. Nonchalantly, she then mentions that her lawyer will be sending something in the mail for me to sign. Today, she texts me and lets me know that she doesn’t know when they are sending the form.. but it should be sometime soon. I ask what it’s for. She says “I believe it’s a consent form granting me administrator of the estate. His brother & sister need you to sign as well.” So what exactly does this mean? Im not sure how to take this. I am not a greedy person or anything along those lines, but we literally have NOTHING. Social security will help but since we were not married, I do not qualify for surviving spouse benefits (only surviving child). My partner had a significant amount of assets, and his family is pretty well off. I am just having trouble understanding their point of view. The last thing I want is conflict over this, but I feel that what they are doing is crossing the line? | i6hne50 | i6hnevl | 1,651,116,084 | 1,651,116,093 | 3 | 14 | Our sympathies to you in what must be a difficult time to grieve. By virtue of the fact that you and your boyfriend were not legally married, by law you don't qualify to inherit anything from his estate. That's why someone asked what state you live in, because what you might be entitled to is very state-specific in accordance to what the law says. The good part for you is that it appears that his family is sympathetic to the fact that he has a child coming and they may be willing to provide funds to set up a trust to help pay the child's living expenses. Do not sign any forms until you have reviewed them with your own attorney. | Our sympathies to you in what must be a difficult time to grieve. By virtue of the fact that you and your boyfriend were not legally married, by law you don't qualify to inherit anything from his estate. That's why someone asked what state you live in, because what you might be entitled to is very state-specific in accordance to what the law says. The good part for you is that it appears that his family is sympathetic to the fact that he has a child coming and they may be willing to provide funds to set up a trust to help pay the child's living expenses. Do not sign any forms until you have reviewed them with your own attorney. | 0 | 9 | 4.666667 |
udbhp0 | legaladvice_train | 0.94 | My boyfriend committed suicide and I am pregnant. I have concerns with his family about administration over the estate.. what should I do? So, I am due with his daughter in July. If he had a will I have no clue what’s in it exactly. His mother had reached out me about a month ago to let me know that her lawyer told her to tell me that I needed to get a lawyer because the baby is entitled by law to his entire estate. That I need to establish guardianship over the estate until she is of age. Nonchalantly, she then mentions that her lawyer will be sending something in the mail for me to sign. Today, she texts me and lets me know that she doesn’t know when they are sending the form.. but it should be sometime soon. I ask what it’s for. She says “I believe it’s a consent form granting me administrator of the estate. His brother & sister need you to sign as well.” So what exactly does this mean? Im not sure how to take this. I am not a greedy person or anything along those lines, but we literally have NOTHING. Social security will help but since we were not married, I do not qualify for surviving spouse benefits (only surviving child). My partner had a significant amount of assets, and his family is pretty well off. I am just having trouble understanding their point of view. The last thing I want is conflict over this, but I feel that what they are doing is crossing the line? | i6hne50 | i6iohho | 1,651,116,084 | 1,651,143,507 | 3 | 7 | Our sympathies to you in what must be a difficult time to grieve. By virtue of the fact that you and your boyfriend were not legally married, by law you don't qualify to inherit anything from his estate. That's why someone asked what state you live in, because what you might be entitled to is very state-specific in accordance to what the law says. The good part for you is that it appears that his family is sympathetic to the fact that he has a child coming and they may be willing to provide funds to set up a trust to help pay the child's living expenses. Do not sign any forms until you have reviewed them with your own attorney. | There is some excellent advice regarding getting your own attorney, etc. I recommend it as well. Further, I would hope you take my advice to take care of yourself with respect to your mental and physical health. Don’t try to do everything yourself. If you have a trusted family member - brother, sister, aunt, uncle, or cousin - please ask them for help. I wish you good luck and sorry for your loss. | 0 | 27,423 | 2.333333 |
udbhp0 | legaladvice_train | 0.94 | My boyfriend committed suicide and I am pregnant. I have concerns with his family about administration over the estate.. what should I do? So, I am due with his daughter in July. If he had a will I have no clue what’s in it exactly. His mother had reached out me about a month ago to let me know that her lawyer told her to tell me that I needed to get a lawyer because the baby is entitled by law to his entire estate. That I need to establish guardianship over the estate until she is of age. Nonchalantly, she then mentions that her lawyer will be sending something in the mail for me to sign. Today, she texts me and lets me know that she doesn’t know when they are sending the form.. but it should be sometime soon. I ask what it’s for. She says “I believe it’s a consent form granting me administrator of the estate. His brother & sister need you to sign as well.” So what exactly does this mean? Im not sure how to take this. I am not a greedy person or anything along those lines, but we literally have NOTHING. Social security will help but since we were not married, I do not qualify for surviving spouse benefits (only surviving child). My partner had a significant amount of assets, and his family is pretty well off. I am just having trouble understanding their point of view. The last thing I want is conflict over this, but I feel that what they are doing is crossing the line? | i6hxxoq | i6iohho | 1,651,121,851 | 1,651,143,507 | 3 | 7 | Sign nothing. Get a lawyer. Keep or copy everything | There is some excellent advice regarding getting your own attorney, etc. I recommend it as well. Further, I would hope you take my advice to take care of yourself with respect to your mental and physical health. Don’t try to do everything yourself. If you have a trusted family member - brother, sister, aunt, uncle, or cousin - please ask them for help. I wish you good luck and sorry for your loss. | 0 | 21,656 | 2.333333 |
udbhp0 | legaladvice_train | 0.94 | My boyfriend committed suicide and I am pregnant. I have concerns with his family about administration over the estate.. what should I do? So, I am due with his daughter in July. If he had a will I have no clue what’s in it exactly. His mother had reached out me about a month ago to let me know that her lawyer told her to tell me that I needed to get a lawyer because the baby is entitled by law to his entire estate. That I need to establish guardianship over the estate until she is of age. Nonchalantly, she then mentions that her lawyer will be sending something in the mail for me to sign. Today, she texts me and lets me know that she doesn’t know when they are sending the form.. but it should be sometime soon. I ask what it’s for. She says “I believe it’s a consent form granting me administrator of the estate. His brother & sister need you to sign as well.” So what exactly does this mean? Im not sure how to take this. I am not a greedy person or anything along those lines, but we literally have NOTHING. Social security will help but since we were not married, I do not qualify for surviving spouse benefits (only surviving child). My partner had a significant amount of assets, and his family is pretty well off. I am just having trouble understanding their point of view. The last thing I want is conflict over this, but I feel that what they are doing is crossing the line? | i6jjxnj | i6is6ob | 1,651,158,995 | 1,651,145,951 | 3 | 2 | Obligatory I’m a lawyer, but not your lawyer. I’m barred in Indiana. I haven’t yet done probate cases in that state, but I have educated myself on the differences between their laws and my home state of Illinois. If your bf had a will, it would dictate where his funds go. However because his mother wants you to sign off on her being named the administrator, that makes me think there was no will and his assets will be distributed through intestate succession (what we call the “default rules”). If he had a will, you wouldn’t need to sign anything because the will says who the Executor is. (Administrator and Executor are similar roles, the former when there is no will, the latter when there is a will). In Indiana, if a person dies with a child and no spouse, the entire estate is given to the child (or split evenly between all children if more than one). Because the child is a minor, the court will want to appoint someone as the property guardian over those funds. Once that is set up, the funds will be placed in an interest bearing account until the child is 18 with the guardian acting as custodian over the funds until then. Honestly I think it’s okay that the mother is the administrator of the estate (because that role will end when all his assets are transferred into your child’s name), but I don’t think anyone but YOU should be in charge of the funds for your child once they are placed in the trust/bank account. I say this because this money can be used for the child’s benefit for education/health/etc. (Although you likely have to petition the court for it). Who would know better about a child’s needs than their parent? Plus it sounds like it would be a headache trying to get his family to disburse any money to you if they were in charge. Last thing, I also handle Social Security. I saw your comment where one of his family members told you that you could take SSA from his earnings? You would not be able to because you were not married. Your child can take under his earnings under “survivor benefits” which provide him up to 75% of the father’s earnings until 18. NOTE: it depends how long your bf worked for. He needs to have worked and paid into SSA for a certain length of time. Normally this is 10 years but this is dependent on his age. Because he was likely younger, he would have needed to worked 1 1/2 years in the past 3 years for your child to be eligible. The best course of action for SSA is to contact your local office, explain the situation, and ask whether your child is eligible. My condolences and I hope you find a good lawyer who will help protect you and your little one. | Do not sign ANYTHING until you speak with YOUR LAWYER. | 1 | 13,044 | 1.5 |
ht1dey | legaladvice_train | 0.88 | (Georgia USA) Tenant committed suicide - who do I return security deposit to? I rent out a condo in Atlanta, and in late May my tenant killed himself in the unit. He had already paid June's rent. His mom emailed shortly afterwards and said I needed to refund her June's rent (pro-rated against the days she was in the unit cleaning up), and return to her the security deposit ($1,600). I told her I can't refund the rent since it's paid in advance, but I can return the security deposit. After thinking about it for a while though, I'm not sure she's even his mom, or has any power over his estate. I don't want to give $1,600 away, and then later someone else come along saying they are the executor of his estate and they need $1,600, too. So, I haven't transferred any money yet, but she called saying she will "take action" if I don't give her the money. Should I just transfer it to her? Who would I normally return the security deposit to? Whoever has control over his estate? | fyfhuv2 | fyeu121 | 1,595,042,968 | 1,595,028,145 | 4 | 2 | You need to calculate and charge for all of your expenses for cleaning the unit and dealing with the tenants death. This will include any moving and storage expenses for his possessions as well. Has she completely cleaned everything out of the unit? When did the tenants lease expire as technically his estate owes rent until you are able to re-rent your unit. Tell his mom that you need to see paperwork from a probate court trustee and that you need to follow the proper procedure before release any funds. | I would contact the courthouse estate's department and tell them you have money owed to a dead person and see if you can mail the check to the court. I have done that in NC at least. | 1 | 14,823 | 2 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iyfns8h | iyg22cw | 1,669,857,092 | 1,669,863,728 | 18 | 833 | Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1* | You're a legal tenant & they have to follow landlord tenant laws to evict you in a court. They can not just tell you to leave. Contact a local landlord/tenant advocate service near you. They will typically provide to you a pro Bono (free of charge) attorney to help on your behalf. Wish I could be of more help, but those are some things you should definitely look into. Best of luck to you. | 0 | 6,636 | 46.277778 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iygg6qe | iyga4bs | 1,669,871,045 | 1,669,867,671 | 572 | 36 | It looks like you have somewhere between 19 and 30 days before eviction starts . 2 days is definite bullshit. If the brother tries to harass you it could extend that. Don't hesitate to call the cops if he does. Also, the process starts when you get something in WRITING. | Contact your local bar association, lawyer referral service for referrals to pro bono tenants’ attorneys, legal aid, eviction defense, nonprofit homeless prevention organizations, tenants union, etc., immediately. Do not voluntarily just leave. You have established tenancy and tenants rights. Only the sheriff’s department can enforce a legitimate court ordered eviction, to force you to physically leave the premises. If the sheriff’s department and sheriff deputies show up to enforce a legitimate court ordered eviction to return possession back to the lawful owner(s), you will be given an opportunity to complete a declaration, you are not a party to or named in the Unlawful Detainer eviction order granted by the court. You and your son will be allowed to stay and will not be immediately removed by the sheriff. Contact the police, if anyone does anything to interfere with your tenant’s rights, including, but not limited to: locking you out, turning off utilities, moving/destroying/stealing your property, etc. You will have opportunities to negotiate and enforce your tenants’s rights and may have other options, such as: stay and continue your residency, and/or relocate, move out, with assistance, such as more time, financial assistance, etc. Contact your local Saint Vincient de Paul Society, Salvation Army, charities, churches, etc., they may be able to provide emergency assistance to you. Apply for emergency county cash aid and food stamps (food assistance). Pay rent with money orders, with your name on the money order, made payable directly to the landlord/agent and obtain rent receipts in your name, not under anyone else’s name. Copies of cashed money orders by landlord/agents are rent receipts; if you are unable to get a rent receipt directly from the landlord/agent. Make payments payable directly to utilities, with money orders as well, with your name on it. Use and have official, government, utility and other mail, addressed and delivered to you and your son individually, at the street address of your residence. | 1 | 3,374 | 15.888889 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iygg6qe | iyfns8h | 1,669,871,045 | 1,669,857,092 | 572 | 18 | It looks like you have somewhere between 19 and 30 days before eviction starts . 2 days is definite bullshit. If the brother tries to harass you it could extend that. Don't hesitate to call the cops if he does. Also, the process starts when you get something in WRITING. | Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1* | 1 | 13,953 | 31.777778 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iyga4bs | iygq1ie | 1,669,867,671 | 1,669,877,644 | 36 | 62 | Contact your local bar association, lawyer referral service for referrals to pro bono tenants’ attorneys, legal aid, eviction defense, nonprofit homeless prevention organizations, tenants union, etc., immediately. Do not voluntarily just leave. You have established tenancy and tenants rights. Only the sheriff’s department can enforce a legitimate court ordered eviction, to force you to physically leave the premises. If the sheriff’s department and sheriff deputies show up to enforce a legitimate court ordered eviction to return possession back to the lawful owner(s), you will be given an opportunity to complete a declaration, you are not a party to or named in the Unlawful Detainer eviction order granted by the court. You and your son will be allowed to stay and will not be immediately removed by the sheriff. Contact the police, if anyone does anything to interfere with your tenant’s rights, including, but not limited to: locking you out, turning off utilities, moving/destroying/stealing your property, etc. You will have opportunities to negotiate and enforce your tenants’s rights and may have other options, such as: stay and continue your residency, and/or relocate, move out, with assistance, such as more time, financial assistance, etc. Contact your local Saint Vincient de Paul Society, Salvation Army, charities, churches, etc., they may be able to provide emergency assistance to you. Apply for emergency county cash aid and food stamps (food assistance). Pay rent with money orders, with your name on the money order, made payable directly to the landlord/agent and obtain rent receipts in your name, not under anyone else’s name. Copies of cashed money orders by landlord/agents are rent receipts; if you are unable to get a rent receipt directly from the landlord/agent. Make payments payable directly to utilities, with money orders as well, with your name on it. Use and have official, government, utility and other mail, addressed and delivered to you and your son individually, at the street address of your residence. | They need to give you thirty days notice to terminate the rental agreement. It is unfortunate that today is the first of the month. In Tennessee there is a statutory five day grace period on rent, after which a landlord may issue a 14-day notice to quit. The first thing you should do is Google your county name plus "Community Action Agency." Call them and ask for emergency housing services. In addition to the other resources listed in this thread, you can dial 211 and contact your local Catholic Charities. It is fortunate (!) that it is December: there are more emergency housing resources available now than there are during warmer months. It may very well be to your advantage not to pay rent today, but rather to move this weekend. You do not want an eviction on your record, so act accordingly. | 0 | 9,973 | 1.722222 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iyfns8h | iygq1ie | 1,669,857,092 | 1,669,877,644 | 18 | 62 | Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1* | They need to give you thirty days notice to terminate the rental agreement. It is unfortunate that today is the first of the month. In Tennessee there is a statutory five day grace period on rent, after which a landlord may issue a 14-day notice to quit. The first thing you should do is Google your county name plus "Community Action Agency." Call them and ask for emergency housing services. In addition to the other resources listed in this thread, you can dial 211 and contact your local Catholic Charities. It is fortunate (!) that it is December: there are more emergency housing resources available now than there are during warmer months. It may very well be to your advantage not to pay rent today, but rather to move this weekend. You do not want an eviction on your record, so act accordingly. | 0 | 20,552 | 3.444444 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iyga4bs | iyfns8h | 1,669,867,671 | 1,669,857,092 | 36 | 18 | Contact your local bar association, lawyer referral service for referrals to pro bono tenants’ attorneys, legal aid, eviction defense, nonprofit homeless prevention organizations, tenants union, etc., immediately. Do not voluntarily just leave. You have established tenancy and tenants rights. Only the sheriff’s department can enforce a legitimate court ordered eviction, to force you to physically leave the premises. If the sheriff’s department and sheriff deputies show up to enforce a legitimate court ordered eviction to return possession back to the lawful owner(s), you will be given an opportunity to complete a declaration, you are not a party to or named in the Unlawful Detainer eviction order granted by the court. You and your son will be allowed to stay and will not be immediately removed by the sheriff. Contact the police, if anyone does anything to interfere with your tenant’s rights, including, but not limited to: locking you out, turning off utilities, moving/destroying/stealing your property, etc. You will have opportunities to negotiate and enforce your tenants’s rights and may have other options, such as: stay and continue your residency, and/or relocate, move out, with assistance, such as more time, financial assistance, etc. Contact your local Saint Vincient de Paul Society, Salvation Army, charities, churches, etc., they may be able to provide emergency assistance to you. Apply for emergency county cash aid and food stamps (food assistance). Pay rent with money orders, with your name on the money order, made payable directly to the landlord/agent and obtain rent receipts in your name, not under anyone else’s name. Copies of cashed money orders by landlord/agents are rent receipts; if you are unable to get a rent receipt directly from the landlord/agent. Make payments payable directly to utilities, with money orders as well, with your name on it. Use and have official, government, utility and other mail, addressed and delivered to you and your son individually, at the street address of your residence. | Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1* | 1 | 10,579 | 2 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iyifs6n | iyhdy64 | 1,669,915,026 | 1,669,897,680 | 9 | 8 | 2 days eviction is definitely not a thing in the US. They can’t legally force you out in that timeframe. | Do what you can to stay while you legally can, definitely longer than two days, but leave before being evicted. The bar association and tenant rights associations for your area are good resources. | 1 | 17,346 | 1.125 |
z99j4n | legaladvice_train | 0.95 | My son and I are being kicked out of house with two days notice after living here for six months My son and I moved into my friends house six months ago, she has her bedroom and we have our own. I pay half the rent, so $500 of the $1000 a month, and we switch on who pays the electric/water monthly. We pay the rent to the rental company, but I was always told to use friends brothers name when I pay it, because the rental is in their name. Apparently they were renting it first, moved out, and let my friend just take over the payments but never told the rental company. So fast forward to last week, my friend got arrested for dui, and her family won't bail her out, I don't have the money to do it because I'm fixing to have to come up with all the rent by myself and bills..and then her brother and his wife show up at the house, go through it to make sure nothing of theirs was in it that they wanted, and then took the keys to her other car, ( that I had been using with her permission while paying the insurance and note on it monthly- turns out it's in their name too- I was just giving the money to friend for her to pay it.), anything of value she had in here, and then told my son and I that we had until Friday to move out. Are we legally entitled to 30 days? Or do we have to be out in two days? | iyifs6n | iyhnh3h | 1,669,915,026 | 1,669,903,089 | 9 | 7 | 2 days eviction is definitely not a thing in the US. They can’t legally force you out in that timeframe. | Yeah they can’t do that. Legally they have to give you 30 days. I would go ahead and start calling around to lawyers that can help you | 1 | 11,937 | 1.285714 |
6w0flj | legaladvice_train | 0.94 | My brother is trying to buy a house and wants to wire me $8,000 so that I can "gift" it to him for the downpayment. I am skeptical about this transaction. (IL and FL) He has a friend who is a realtor and that's where the money is coming from. My brother told me something about how the money has to come from a family member. I feel like something about this is off. Can't the realtor just give him the money and does it really have to come from family? Is any of this legal? | dm4ehyz | dm4e87y | 1,503,687,915 | 1,503,687,613 | 148 | 106 | A family member gifted me money for a down payment on my first home and just FYI they look into those very closely. In your case it's fraud and there's a good chance they will find it. | This is fraud and you should report this realtor to his licensing body. Do not do this unless you like lenders coming after you for participating in fraud. | 1 | 302 | 1.396226 |
6w0flj | legaladvice_train | 0.94 | My brother is trying to buy a house and wants to wire me $8,000 so that I can "gift" it to him for the downpayment. I am skeptical about this transaction. (IL and FL) He has a friend who is a realtor and that's where the money is coming from. My brother told me something about how the money has to come from a family member. I feel like something about this is off. Can't the realtor just give him the money and does it really have to come from family? Is any of this legal? | dm4ehyz | dm4dihd | 1,503,687,915 | 1,503,686,830 | 148 | 55 | A family member gifted me money for a down payment on my first home and just FYI they look into those very closely. In your case it's fraud and there's a good chance they will find it. | If it's not from a family member, the bank will suspect (probably correctly, in this case) that the 'gift' was in fact a loan, which means the borrower's finances aren't as solid as they appear. If the bank were suspicious enough they could ask for _your_ bank statements, too, to make sure the money really did come from your own savings. If you had recently deposited a check for 8k before making your 'gift', they'd notice. | 1 | 1,085 | 2.690909 |
6w0flj | legaladvice_train | 0.94 | My brother is trying to buy a house and wants to wire me $8,000 so that I can "gift" it to him for the downpayment. I am skeptical about this transaction. (IL and FL) He has a friend who is a realtor and that's where the money is coming from. My brother told me something about how the money has to come from a family member. I feel like something about this is off. Can't the realtor just give him the money and does it really have to come from family? Is any of this legal? | dm4e87y | dm4dihd | 1,503,687,613 | 1,503,686,830 | 106 | 55 | This is fraud and you should report this realtor to his licensing body. Do not do this unless you like lenders coming after you for participating in fraud. | If it's not from a family member, the bank will suspect (probably correctly, in this case) that the 'gift' was in fact a loan, which means the borrower's finances aren't as solid as they appear. If the bank were suspicious enough they could ask for _your_ bank statements, too, to make sure the money really did come from your own savings. If you had recently deposited a check for 8k before making your 'gift', they'd notice. | 1 | 783 | 1.927273 |
6w0flj | legaladvice_train | 0.94 | My brother is trying to buy a house and wants to wire me $8,000 so that I can "gift" it to him for the downpayment. I am skeptical about this transaction. (IL and FL) He has a friend who is a realtor and that's where the money is coming from. My brother told me something about how the money has to come from a family member. I feel like something about this is off. Can't the realtor just give him the money and does it really have to come from family? Is any of this legal? | dm4jaxc | dm4mfqh | 1,503,693,386 | 1,503,697,114 | 5 | 24 | IMNAL, but I know in AZ family members but only families member can gift you money to buy a house. Where exactly you get the money for a downpayment is tightly regulated. So yes, there has to be a paper trail showing that all money came from legitimate sources. Is this legal? I don't know. Seems like it certainly is violating the spirit of the way, but again, I'm not a lawyer. Kinda curious though. My MIL swears up and down that this kind of money juggling is perfectly legal (she's currently doing this stuff with DH to buy an investment property). But I don't trust her on that. | Do not do this. This is illegal and your brother, the realtor, and the mortgage broker can go to federal prison. Falsifying the source of the down payment is mortgage fraud. | 0 | 3,728 | 4.8 |
atin99 | legaladvice_train | 0.99 | Un-permitted contractor next door did $5,000+ of damage to my home, contractor and homeowner won't pay or provide insurance information Hi r/legaladvice, hoping someone here can give me some further insight into how I should proceed. I live in Philadelphia, PA, and my wife and I own a rowhome. In the spring of 2018, a contractor started doing a complete gutting and renovation on the unoccupied house next door, and in July the city put a stop work order on the house. These guys were doing some pretty enormous renovations; they tore down the old kitchen (an addition on the back that caused all of the problems to come), built a new addition, took out a section of the front wall, and apparently were digging in the basement which could apparently collapse the house and make our house completely unstable, and were doing all of this without any permits or inspections whatsoever. ​ Shortly after work stopped was when we noticed the water. First, our neighbors on the other side of the unoccupied home woke us up in the middle of the night, telling us that their basement had flooded with a couple feet of water leaking in from the unoccupied house, and that we should check ours. Fortunately our basement was dry, but not long afterwards we started to get water leaking into our basement when it rained (at its worst, I shop vac'd up about 14 gallons of water out of our basement during a storm). Our basement had always gotten a little water during heavy rains but \*nothing close\* to what we started seeing after the construction next door. ​ As the summer went on, we contacted the city hoping they could give us some guidance on what to do. Construction next door had halted, the guys doing the work hadn't been seen for months, and we started to get water soaking the drywall in our kitchen and the exposed brick on one of our walls, causing mold to develop. They weren't any help, and eventually the stop work order was pulled down and we started seeing the guys coming back to work on the house. I asked the contractor if they'd gotten their permits straightened out and he said that they had, and I told him about the water leaking into our house and he said he would fix it and pay for the damages (I have almost all of our communications documented in text messages). ​ It was September, our son was three months old at the time, so we got the mold removed as quickly as possible. It turns out that while demolishing their addition, this guy had knocked out a portion of the masonry wall supporting \*our\* addition, and that the demolition left the top of the masonry wall completely exposed, letting water in all along the wall. Then, during an inspection afterwards, it was discovered that the moisture in the wall had caused an infestation of termites that needed to be exterminated, but the leak was still active, so nothing could be done about it yet. What followed was four months of this guy trying different tactics to fix the leak, each less successful than the last. ​ Once the bill came due for the mold removal ($1760) the contractor had me send him the information so he could send a check, and then proceeded to repeatedly lie to me about sending payment for around two months. The mold removal company was very patient in dealing with this situation, but eventually the contractor started arguing about how much the service cost and refusing to pay, leaving us responsible for the bill. Due to the weather and this guy's inability to fix the leak for four months, we haven't been able to deal with the termites or the damaged studs, drywall, and insulation, but I'm certain this guy's going to try and stiff us on that, too. ​ It doesn't seem as though this guy is licensed or insured, so we asked for and received contact information for the homeowner, hoping that we could just file a claim through her homeowner's insurance and deal with it that way. She initially seemed receptive to this plan, but in the last month has avoided us like the plague. She hasn't returned any of our calls or texts, and the contractor has been no help in getting any of this information. We know that the owner is in legal trouble with the city for tax evasion, and that violation of a stop work order carries very hefty fines (for which there's apparently a court case pending), but the only information out there about this person lists the house next door as her permanent address. ​ We'd like to file a suit the homeowner or contractor in small claims court for the cost of the repairs, but don't know how to find either of them. All we have are phone numbers and a license plate for the contractor. We've talked very briefly with a lawyer about the situation, but were told that the amount we'd be suing for wouldn't warrant paying for representation. Any advice on how to bring this mind numbing, soul sucking journey to an end would be greatly appreciated! ​ TLDR: an unlicensed contractor did something on the order of $5-7k in damage to our home, said he would pay for repairs and hasn't, and the homeowner won't pay or give us her homeowner's insurance information to work out payment. We have scant information but would like to file a suit against either or both of them but aren't sure how to proceed. | eh1qitc | eh1h0d6 | 1,550,861,296 | 1,550,854,823 | 118 | 51 | You can actually sue someone without knowing their location, it just takes longer because of extra time needed to serve the suit. The court has processes for dealing with a party who can't be served (usually alternative service methods) that can be exercised once you've proven you're unable to serve them normally. Evading service of a lawsuit isn't terribly uncommon and doesn't prevent them from being sued. Then of course you have to hope you win (or that she doesn't show up, you win by default if she fails to appear), and that you can get the money out of her if you do. | You said you don’t know how to find the homeowner? Check your county property tax records, that’s publicly available information. | 1 | 6,473 | 2.313725 |
atin99 | legaladvice_train | 0.99 | Un-permitted contractor next door did $5,000+ of damage to my home, contractor and homeowner won't pay or provide insurance information Hi r/legaladvice, hoping someone here can give me some further insight into how I should proceed. I live in Philadelphia, PA, and my wife and I own a rowhome. In the spring of 2018, a contractor started doing a complete gutting and renovation on the unoccupied house next door, and in July the city put a stop work order on the house. These guys were doing some pretty enormous renovations; they tore down the old kitchen (an addition on the back that caused all of the problems to come), built a new addition, took out a section of the front wall, and apparently were digging in the basement which could apparently collapse the house and make our house completely unstable, and were doing all of this without any permits or inspections whatsoever. ​ Shortly after work stopped was when we noticed the water. First, our neighbors on the other side of the unoccupied home woke us up in the middle of the night, telling us that their basement had flooded with a couple feet of water leaking in from the unoccupied house, and that we should check ours. Fortunately our basement was dry, but not long afterwards we started to get water leaking into our basement when it rained (at its worst, I shop vac'd up about 14 gallons of water out of our basement during a storm). Our basement had always gotten a little water during heavy rains but \*nothing close\* to what we started seeing after the construction next door. ​ As the summer went on, we contacted the city hoping they could give us some guidance on what to do. Construction next door had halted, the guys doing the work hadn't been seen for months, and we started to get water soaking the drywall in our kitchen and the exposed brick on one of our walls, causing mold to develop. They weren't any help, and eventually the stop work order was pulled down and we started seeing the guys coming back to work on the house. I asked the contractor if they'd gotten their permits straightened out and he said that they had, and I told him about the water leaking into our house and he said he would fix it and pay for the damages (I have almost all of our communications documented in text messages). ​ It was September, our son was three months old at the time, so we got the mold removed as quickly as possible. It turns out that while demolishing their addition, this guy had knocked out a portion of the masonry wall supporting \*our\* addition, and that the demolition left the top of the masonry wall completely exposed, letting water in all along the wall. Then, during an inspection afterwards, it was discovered that the moisture in the wall had caused an infestation of termites that needed to be exterminated, but the leak was still active, so nothing could be done about it yet. What followed was four months of this guy trying different tactics to fix the leak, each less successful than the last. ​ Once the bill came due for the mold removal ($1760) the contractor had me send him the information so he could send a check, and then proceeded to repeatedly lie to me about sending payment for around two months. The mold removal company was very patient in dealing with this situation, but eventually the contractor started arguing about how much the service cost and refusing to pay, leaving us responsible for the bill. Due to the weather and this guy's inability to fix the leak for four months, we haven't been able to deal with the termites or the damaged studs, drywall, and insulation, but I'm certain this guy's going to try and stiff us on that, too. ​ It doesn't seem as though this guy is licensed or insured, so we asked for and received contact information for the homeowner, hoping that we could just file a claim through her homeowner's insurance and deal with it that way. She initially seemed receptive to this plan, but in the last month has avoided us like the plague. She hasn't returned any of our calls or texts, and the contractor has been no help in getting any of this information. We know that the owner is in legal trouble with the city for tax evasion, and that violation of a stop work order carries very hefty fines (for which there's apparently a court case pending), but the only information out there about this person lists the house next door as her permanent address. ​ We'd like to file a suit the homeowner or contractor in small claims court for the cost of the repairs, but don't know how to find either of them. All we have are phone numbers and a license plate for the contractor. We've talked very briefly with a lawyer about the situation, but were told that the amount we'd be suing for wouldn't warrant paying for representation. Any advice on how to bring this mind numbing, soul sucking journey to an end would be greatly appreciated! ​ TLDR: an unlicensed contractor did something on the order of $5-7k in damage to our home, said he would pay for repairs and hasn't, and the homeowner won't pay or give us her homeowner's insurance information to work out payment. We have scant information but would like to file a suit against either or both of them but aren't sure how to proceed. | eh1qitc | eh1etd1 | 1,550,861,296 | 1,550,853,309 | 118 | 2 | You can actually sue someone without knowing their location, it just takes longer because of extra time needed to serve the suit. The court has processes for dealing with a party who can't be served (usually alternative service methods) that can be exercised once you've proven you're unable to serve them normally. Evading service of a lawsuit isn't terribly uncommon and doesn't prevent them from being sued. Then of course you have to hope you win (or that she doesn't show up, you win by default if she fails to appear), and that you can get the money out of her if you do. | Contact your neighborhood association. Ours has been so helpful with many things in the past. Good luck! | 1 | 7,987 | 59 |
atin99 | legaladvice_train | 0.99 | Un-permitted contractor next door did $5,000+ of damage to my home, contractor and homeowner won't pay or provide insurance information Hi r/legaladvice, hoping someone here can give me some further insight into how I should proceed. I live in Philadelphia, PA, and my wife and I own a rowhome. In the spring of 2018, a contractor started doing a complete gutting and renovation on the unoccupied house next door, and in July the city put a stop work order on the house. These guys were doing some pretty enormous renovations; they tore down the old kitchen (an addition on the back that caused all of the problems to come), built a new addition, took out a section of the front wall, and apparently were digging in the basement which could apparently collapse the house and make our house completely unstable, and were doing all of this without any permits or inspections whatsoever. ​ Shortly after work stopped was when we noticed the water. First, our neighbors on the other side of the unoccupied home woke us up in the middle of the night, telling us that their basement had flooded with a couple feet of water leaking in from the unoccupied house, and that we should check ours. Fortunately our basement was dry, but not long afterwards we started to get water leaking into our basement when it rained (at its worst, I shop vac'd up about 14 gallons of water out of our basement during a storm). Our basement had always gotten a little water during heavy rains but \*nothing close\* to what we started seeing after the construction next door. ​ As the summer went on, we contacted the city hoping they could give us some guidance on what to do. Construction next door had halted, the guys doing the work hadn't been seen for months, and we started to get water soaking the drywall in our kitchen and the exposed brick on one of our walls, causing mold to develop. They weren't any help, and eventually the stop work order was pulled down and we started seeing the guys coming back to work on the house. I asked the contractor if they'd gotten their permits straightened out and he said that they had, and I told him about the water leaking into our house and he said he would fix it and pay for the damages (I have almost all of our communications documented in text messages). ​ It was September, our son was three months old at the time, so we got the mold removed as quickly as possible. It turns out that while demolishing their addition, this guy had knocked out a portion of the masonry wall supporting \*our\* addition, and that the demolition left the top of the masonry wall completely exposed, letting water in all along the wall. Then, during an inspection afterwards, it was discovered that the moisture in the wall had caused an infestation of termites that needed to be exterminated, but the leak was still active, so nothing could be done about it yet. What followed was four months of this guy trying different tactics to fix the leak, each less successful than the last. ​ Once the bill came due for the mold removal ($1760) the contractor had me send him the information so he could send a check, and then proceeded to repeatedly lie to me about sending payment for around two months. The mold removal company was very patient in dealing with this situation, but eventually the contractor started arguing about how much the service cost and refusing to pay, leaving us responsible for the bill. Due to the weather and this guy's inability to fix the leak for four months, we haven't been able to deal with the termites or the damaged studs, drywall, and insulation, but I'm certain this guy's going to try and stiff us on that, too. ​ It doesn't seem as though this guy is licensed or insured, so we asked for and received contact information for the homeowner, hoping that we could just file a claim through her homeowner's insurance and deal with it that way. She initially seemed receptive to this plan, but in the last month has avoided us like the plague. She hasn't returned any of our calls or texts, and the contractor has been no help in getting any of this information. We know that the owner is in legal trouble with the city for tax evasion, and that violation of a stop work order carries very hefty fines (for which there's apparently a court case pending), but the only information out there about this person lists the house next door as her permanent address. ​ We'd like to file a suit the homeowner or contractor in small claims court for the cost of the repairs, but don't know how to find either of them. All we have are phone numbers and a license plate for the contractor. We've talked very briefly with a lawyer about the situation, but were told that the amount we'd be suing for wouldn't warrant paying for representation. Any advice on how to bring this mind numbing, soul sucking journey to an end would be greatly appreciated! ​ TLDR: an unlicensed contractor did something on the order of $5-7k in damage to our home, said he would pay for repairs and hasn't, and the homeowner won't pay or give us her homeowner's insurance information to work out payment. We have scant information but would like to file a suit against either or both of them but aren't sure how to proceed. | eh1h0d6 | eh1etd1 | 1,550,854,823 | 1,550,853,309 | 51 | 2 | You said you don’t know how to find the homeowner? Check your county property tax records, that’s publicly available information. | Contact your neighborhood association. Ours has been so helpful with many things in the past. Good luck! | 1 | 1,514 | 25.5 |
atin99 | legaladvice_train | 0.99 | Un-permitted contractor next door did $5,000+ of damage to my home, contractor and homeowner won't pay or provide insurance information Hi r/legaladvice, hoping someone here can give me some further insight into how I should proceed. I live in Philadelphia, PA, and my wife and I own a rowhome. In the spring of 2018, a contractor started doing a complete gutting and renovation on the unoccupied house next door, and in July the city put a stop work order on the house. These guys were doing some pretty enormous renovations; they tore down the old kitchen (an addition on the back that caused all of the problems to come), built a new addition, took out a section of the front wall, and apparently were digging in the basement which could apparently collapse the house and make our house completely unstable, and were doing all of this without any permits or inspections whatsoever. ​ Shortly after work stopped was when we noticed the water. First, our neighbors on the other side of the unoccupied home woke us up in the middle of the night, telling us that their basement had flooded with a couple feet of water leaking in from the unoccupied house, and that we should check ours. Fortunately our basement was dry, but not long afterwards we started to get water leaking into our basement when it rained (at its worst, I shop vac'd up about 14 gallons of water out of our basement during a storm). Our basement had always gotten a little water during heavy rains but \*nothing close\* to what we started seeing after the construction next door. ​ As the summer went on, we contacted the city hoping they could give us some guidance on what to do. Construction next door had halted, the guys doing the work hadn't been seen for months, and we started to get water soaking the drywall in our kitchen and the exposed brick on one of our walls, causing mold to develop. They weren't any help, and eventually the stop work order was pulled down and we started seeing the guys coming back to work on the house. I asked the contractor if they'd gotten their permits straightened out and he said that they had, and I told him about the water leaking into our house and he said he would fix it and pay for the damages (I have almost all of our communications documented in text messages). ​ It was September, our son was three months old at the time, so we got the mold removed as quickly as possible. It turns out that while demolishing their addition, this guy had knocked out a portion of the masonry wall supporting \*our\* addition, and that the demolition left the top of the masonry wall completely exposed, letting water in all along the wall. Then, during an inspection afterwards, it was discovered that the moisture in the wall had caused an infestation of termites that needed to be exterminated, but the leak was still active, so nothing could be done about it yet. What followed was four months of this guy trying different tactics to fix the leak, each less successful than the last. ​ Once the bill came due for the mold removal ($1760) the contractor had me send him the information so he could send a check, and then proceeded to repeatedly lie to me about sending payment for around two months. The mold removal company was very patient in dealing with this situation, but eventually the contractor started arguing about how much the service cost and refusing to pay, leaving us responsible for the bill. Due to the weather and this guy's inability to fix the leak for four months, we haven't been able to deal with the termites or the damaged studs, drywall, and insulation, but I'm certain this guy's going to try and stiff us on that, too. ​ It doesn't seem as though this guy is licensed or insured, so we asked for and received contact information for the homeowner, hoping that we could just file a claim through her homeowner's insurance and deal with it that way. She initially seemed receptive to this plan, but in the last month has avoided us like the plague. She hasn't returned any of our calls or texts, and the contractor has been no help in getting any of this information. We know that the owner is in legal trouble with the city for tax evasion, and that violation of a stop work order carries very hefty fines (for which there's apparently a court case pending), but the only information out there about this person lists the house next door as her permanent address. ​ We'd like to file a suit the homeowner or contractor in small claims court for the cost of the repairs, but don't know how to find either of them. All we have are phone numbers and a license plate for the contractor. We've talked very briefly with a lawyer about the situation, but were told that the amount we'd be suing for wouldn't warrant paying for representation. Any advice on how to bring this mind numbing, soul sucking journey to an end would be greatly appreciated! ​ TLDR: an unlicensed contractor did something on the order of $5-7k in damage to our home, said he would pay for repairs and hasn't, and the homeowner won't pay or give us her homeowner's insurance information to work out payment. We have scant information but would like to file a suit against either or both of them but aren't sure how to proceed. | eh1etd1 | eh2onbp | 1,550,853,309 | 1,550,886,398 | 2 | 20 | Contact your neighborhood association. Ours has been so helpful with many things in the past. Good luck! | You're going to need an attorney. You must be an extremely tolerant person to have not hired one already. Reporting this matter to your own insurance company is nice, but that's only a small part of what needs to happen. Your new attorney should file suit for a variety of causes of action, including nuisance, trespass, negligence, and if you're lucky (assuming there are HOA by-laws that govern this conduct) for breach of contract and attorneys' fees if allowed by the by-laws (they usually are; this is a powerful weapon that many attorneys unfortunately forget about). Sometimes you have to exhaust HOA remedies before filing suit, do that in conjunction with hiring an attorney. The attorney is going to want to go in ex parte with a restraining order. The contractors and the owners will have to be sued. If there is any way to lock down their property with a lis pendens, you should do that, too, to prevent them from selling and vanishing. You'll get their insurance information in discovery, if not before. In my practice (I'm an attorney in California) I normally give homeowners or contractors one chance in situations like this. One. Do as I ask within the time-frame I give you or the lawsuit is filed. No extensions, no arguing on the phone. Usually the time-frame I give them corresponds with roughly how long it will take me to have the lawsuit ready. | 0 | 33,089 | 10 |
atin99 | legaladvice_train | 0.99 | Un-permitted contractor next door did $5,000+ of damage to my home, contractor and homeowner won't pay or provide insurance information Hi r/legaladvice, hoping someone here can give me some further insight into how I should proceed. I live in Philadelphia, PA, and my wife and I own a rowhome. In the spring of 2018, a contractor started doing a complete gutting and renovation on the unoccupied house next door, and in July the city put a stop work order on the house. These guys were doing some pretty enormous renovations; they tore down the old kitchen (an addition on the back that caused all of the problems to come), built a new addition, took out a section of the front wall, and apparently were digging in the basement which could apparently collapse the house and make our house completely unstable, and were doing all of this without any permits or inspections whatsoever. ​ Shortly after work stopped was when we noticed the water. First, our neighbors on the other side of the unoccupied home woke us up in the middle of the night, telling us that their basement had flooded with a couple feet of water leaking in from the unoccupied house, and that we should check ours. Fortunately our basement was dry, but not long afterwards we started to get water leaking into our basement when it rained (at its worst, I shop vac'd up about 14 gallons of water out of our basement during a storm). Our basement had always gotten a little water during heavy rains but \*nothing close\* to what we started seeing after the construction next door. ​ As the summer went on, we contacted the city hoping they could give us some guidance on what to do. Construction next door had halted, the guys doing the work hadn't been seen for months, and we started to get water soaking the drywall in our kitchen and the exposed brick on one of our walls, causing mold to develop. They weren't any help, and eventually the stop work order was pulled down and we started seeing the guys coming back to work on the house. I asked the contractor if they'd gotten their permits straightened out and he said that they had, and I told him about the water leaking into our house and he said he would fix it and pay for the damages (I have almost all of our communications documented in text messages). ​ It was September, our son was three months old at the time, so we got the mold removed as quickly as possible. It turns out that while demolishing their addition, this guy had knocked out a portion of the masonry wall supporting \*our\* addition, and that the demolition left the top of the masonry wall completely exposed, letting water in all along the wall. Then, during an inspection afterwards, it was discovered that the moisture in the wall had caused an infestation of termites that needed to be exterminated, but the leak was still active, so nothing could be done about it yet. What followed was four months of this guy trying different tactics to fix the leak, each less successful than the last. ​ Once the bill came due for the mold removal ($1760) the contractor had me send him the information so he could send a check, and then proceeded to repeatedly lie to me about sending payment for around two months. The mold removal company was very patient in dealing with this situation, but eventually the contractor started arguing about how much the service cost and refusing to pay, leaving us responsible for the bill. Due to the weather and this guy's inability to fix the leak for four months, we haven't been able to deal with the termites or the damaged studs, drywall, and insulation, but I'm certain this guy's going to try and stiff us on that, too. ​ It doesn't seem as though this guy is licensed or insured, so we asked for and received contact information for the homeowner, hoping that we could just file a claim through her homeowner's insurance and deal with it that way. She initially seemed receptive to this plan, but in the last month has avoided us like the plague. She hasn't returned any of our calls or texts, and the contractor has been no help in getting any of this information. We know that the owner is in legal trouble with the city for tax evasion, and that violation of a stop work order carries very hefty fines (for which there's apparently a court case pending), but the only information out there about this person lists the house next door as her permanent address. ​ We'd like to file a suit the homeowner or contractor in small claims court for the cost of the repairs, but don't know how to find either of them. All we have are phone numbers and a license plate for the contractor. We've talked very briefly with a lawyer about the situation, but were told that the amount we'd be suing for wouldn't warrant paying for representation. Any advice on how to bring this mind numbing, soul sucking journey to an end would be greatly appreciated! ​ TLDR: an unlicensed contractor did something on the order of $5-7k in damage to our home, said he would pay for repairs and hasn't, and the homeowner won't pay or give us her homeowner's insurance information to work out payment. We have scant information but would like to file a suit against either or both of them but aren't sure how to proceed. | eh1etd1 | eh2zmta | 1,550,853,309 | 1,550,896,277 | 2 | 10 | Contact your neighborhood association. Ours has been so helpful with many things in the past. Good luck! | Hate to say it but your best course of action starts with hiring a reputable and insured contractor to work as your advocate and work on tightening up your home. Do not mess around with mold and young children especially, not for a second. Meanwhile call your city’s local emergency line everytime these people work onsite and have them shut down. Call the DOB and complain there, tell them the structural integrity of your house appears to have been compromised. Call your city’s DCA and file a complaint against this individual for unlicensed work, they don’t mess around with people working without licenses (ironically though you could pass any of their requirements with little to no skill). Then find a construction lawyer and get after them. Good luck. | 0 | 42,968 | 5 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6t33d9 | i6tbppj | 1,651,337,520 | 1,651,341,422 | 95 | 725 | Perhaps you could get a consultation with an engineering firm, with a report on the risks of the neighbor's project, and an estimate of the cost to finish the project in a safe way - how much to build a proper retaining wall, regrade, or etc. as needed. Then use that to negotiate with your neighbor. And potentially sue if the neighbor will not act. | Some things you need to do. 1) Record, photograph and document everything that's happening. Take a lot of pictures and video. Keep a written record of what's happening, when it happened and as many details as you can remember. Be sure to photograph all contractors and their vehicles and equipment for future reference. 2) Keep calling the city. Call them every day. Let them know what's going on and insist they stop the illegal work. Contact you local elected officials and ask them to do something. Squeaky wheel gets the grease. 3) Hire a good real estate attorney. There's a good chance you're going to have to sue your neighbor to make things right. Best to be prepared. The whole "the city has to stay off my private property" business does not bode well for you. There are certain types of people who do not the believe the state has any legitimate authority over them and they won't obey the law until they are forced to. This will probably get worse before it gets better. Good luck. | 0 | 3,902 | 7.631579 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tjqnd | i6tonsn | 1,651,345,107 | 1,651,347,450 | 450 | 511 | Not legal advice but I work construction and not sure what soil is like in Oregon. A good rain and a unsecured 6 foot cut is going to wash out and take the fence in that area. Angle of repose of most dirt is 1.5 ; 1. So for a 6 foot cut you want to lay it back 9 feet for it to be secure and safe. | Uuuummm..... this is insane. I used to do alot of foundation and retaining walls work in worst case situations. This is a lawsuit waiting for its court day territory. As there are 2 parties both the home owner in ignoring the city officials who have full jurisdiction and the contractor doing work without a permit and I'm guessing no official business making them personally liable. I would personally call your home owners insurance as I'm guessing they may be very interested in working with you to save them the down the road fight and cost. At this stage your insurance is going to have your back as you are protecting their interests at this point. I also would retain/engage a lawyer on your behalf to make sure your insurance is working in your best intrest. In this case haveing cleaned up a few myself the sooner the corrections are started the better as there are risk of further damage the longer it is stalled. I have a guess everyone but the idoit wants to get on this fast to mitigate long term costs. | 0 | 2,343 | 1.135556 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tonsn | i6t33d9 | 1,651,347,450 | 1,651,337,520 | 511 | 95 | Uuuummm..... this is insane. I used to do alot of foundation and retaining walls work in worst case situations. This is a lawsuit waiting for its court day territory. As there are 2 parties both the home owner in ignoring the city officials who have full jurisdiction and the contractor doing work without a permit and I'm guessing no official business making them personally liable. I would personally call your home owners insurance as I'm guessing they may be very interested in working with you to save them the down the road fight and cost. At this stage your insurance is going to have your back as you are protecting their interests at this point. I also would retain/engage a lawyer on your behalf to make sure your insurance is working in your best intrest. In this case haveing cleaned up a few myself the sooner the corrections are started the better as there are risk of further damage the longer it is stalled. I have a guess everyone but the idoit wants to get on this fast to mitigate long term costs. | Perhaps you could get a consultation with an engineering firm, with a report on the risks of the neighbor's project, and an estimate of the cost to finish the project in a safe way - how much to build a proper retaining wall, regrade, or etc. as needed. Then use that to negotiate with your neighbor. And potentially sue if the neighbor will not act. | 1 | 9,930 | 5.378947 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tonsn | i6tlgiz | 1,651,347,450 | 1,651,345,914 | 511 | 64 | Uuuummm..... this is insane. I used to do alot of foundation and retaining walls work in worst case situations. This is a lawsuit waiting for its court day territory. As there are 2 parties both the home owner in ignoring the city officials who have full jurisdiction and the contractor doing work without a permit and I'm guessing no official business making them personally liable. I would personally call your home owners insurance as I'm guessing they may be very interested in working with you to save them the down the road fight and cost. At this stage your insurance is going to have your back as you are protecting their interests at this point. I also would retain/engage a lawyer on your behalf to make sure your insurance is working in your best intrest. In this case haveing cleaned up a few myself the sooner the corrections are started the better as there are risk of further damage the longer it is stalled. I have a guess everyone but the idoit wants to get on this fast to mitigate long term costs. | is this an HOA neighborhood? I know HOA’s are generally hated but sometimes they come in handy. | 1 | 1,536 | 7.984375 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tcz0m | i6tonsn | 1,651,342,001 | 1,651,347,450 | 49 | 511 | Sorry if I missed it above, but what is the digging for? Is a pool or some other structure going in? I think the action you’re looking at is called duty of support. If excavation causes damage to your property, then your neighbor can be liable for damages. At this point a couple hundred bucks to consult with a real estate attorney would be well spent. If the city isn’t able/willing to stop the excavation and you are looking at irreversible damage then an emergency court order enforced by the sheriff’s dept. might be another way to go. | Uuuummm..... this is insane. I used to do alot of foundation and retaining walls work in worst case situations. This is a lawsuit waiting for its court day territory. As there are 2 parties both the home owner in ignoring the city officials who have full jurisdiction and the contractor doing work without a permit and I'm guessing no official business making them personally liable. I would personally call your home owners insurance as I'm guessing they may be very interested in working with you to save them the down the road fight and cost. At this stage your insurance is going to have your back as you are protecting their interests at this point. I also would retain/engage a lawyer on your behalf to make sure your insurance is working in your best intrest. In this case haveing cleaned up a few myself the sooner the corrections are started the better as there are risk of further damage the longer it is stalled. I have a guess everyone but the idoit wants to get on this fast to mitigate long term costs. | 0 | 5,449 | 10.428571 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tihpr | i6tonsn | 1,651,344,527 | 1,651,347,450 | 9 | 511 | There is nothing to be lost by employing the scattershot method. Compile your portfolio of image,video, copies of all applicable laws. Send it to your city/county representative, state rep/senator, US representative and ask each one of them for help. They all have staffers that engage in the minutiae of regulation every day and might have an approach that is novel and effective. | Uuuummm..... this is insane. I used to do alot of foundation and retaining walls work in worst case situations. This is a lawsuit waiting for its court day territory. As there are 2 parties both the home owner in ignoring the city officials who have full jurisdiction and the contractor doing work without a permit and I'm guessing no official business making them personally liable. I would personally call your home owners insurance as I'm guessing they may be very interested in working with you to save them the down the road fight and cost. At this stage your insurance is going to have your back as you are protecting their interests at this point. I also would retain/engage a lawyer on your behalf to make sure your insurance is working in your best intrest. In this case haveing cleaned up a few myself the sooner the corrections are started the better as there are risk of further damage the longer it is stalled. I have a guess everyone but the idoit wants to get on this fast to mitigate long term costs. | 0 | 2,923 | 56.777778 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tjqnd | i6t33d9 | 1,651,345,107 | 1,651,337,520 | 450 | 95 | Not legal advice but I work construction and not sure what soil is like in Oregon. A good rain and a unsecured 6 foot cut is going to wash out and take the fence in that area. Angle of repose of most dirt is 1.5 ; 1. So for a 6 foot cut you want to lay it back 9 feet for it to be secure and safe. | Perhaps you could get a consultation with an engineering firm, with a report on the risks of the neighbor's project, and an estimate of the cost to finish the project in a safe way - how much to build a proper retaining wall, regrade, or etc. as needed. Then use that to negotiate with your neighbor. And potentially sue if the neighbor will not act. | 1 | 7,587 | 4.736842 |
uferdw | legaladvice_train | 0.97 | Neighbor put in a six foot drop less than five inches from fenceline Hello all, I am just looking for any advice. I live in OR, and bought my new construction home just about a year ago. The very nice couple next door sold their home about 5 months ago to a what seemed to be nice person. There was some talk about the property line because the new person wanted to know where it was, and we only had a general idea. After they measured over a dozen times and had a couple people out to measure (I wasn't home because I had prior obligations), they left the line where we had originally marked it when we had first talked about it. This was a couple months ago. We put up a fence that they made clear they didn't want any part of, since we have a dog. We do not have much contact with the neighbor because they are not very friendly, and frankly we are busy. We do not see them often, even though we live very close to them due to small properties in this development. The last conversation we had with them before this was in January, when we were attempting to figure out the property line. Some other background, this is new construction on a hillside that has been here for just about a year. The property line was not cut out well, and some of our front yard is on their lower level, and some of their backyard was at our level. The builder told them that the hill in between was left for proper drainage, since so much water comes off of the hill. The issue started last week when a contractor showed up and started removing dirt. They hauled out over a dozen large dumptrucks full, and cut a six foot drop less than six inches away from the fence, which is two inches in on our property since they didn't want/need the fence. I tried calling the city last week and they did not call me back. When I called this week to check if there was a permit on this project, as is required in my county for large grading projects, they said they would look into it. I got a phone call a couple hours later saying that the neighbor did not have a permit and to call back if they resumed work, as a stop work order had been placed. I took a couple of pictures of the property line, since it had already been dug over, and the neighbor came out and onto my property to ask me what I was going to do about it. I called back a couple of days later when they started work again. The city came back out, and I got a call about an hour later saying that the project is still not permitted, and that the neighbor has no intention of filing a permit, and that the neighbor told the city that since it was private property, that the city is to stay off of their private property. I am very concerned about this as I have a feeling this is an unlicensed contractor doing unpermitted work. They have cut over our property line in some areas, and have basically ensured that some of our property will sink in the next 5 years. The city has told us at this point all we can do is gather evidence to submit to our homeowners insurance when something does happen. Do I have any more rights than this? What is the purpose of a city code if it cannot be upheld by the city? This is the first home we have owned and have never had a neighbor like this. Any advice would be appreciated. As of now, we are taking lots of pictures and have alerted our homeowner's that this could be a future problem. I am also concerned about how this will affect our property value. Any advice is welcome! | i6tjqnd | i6tcz0m | 1,651,345,107 | 1,651,342,001 | 450 | 49 | Not legal advice but I work construction and not sure what soil is like in Oregon. A good rain and a unsecured 6 foot cut is going to wash out and take the fence in that area. Angle of repose of most dirt is 1.5 ; 1. So for a 6 foot cut you want to lay it back 9 feet for it to be secure and safe. | Sorry if I missed it above, but what is the digging for? Is a pool or some other structure going in? I think the action you’re looking at is called duty of support. If excavation causes damage to your property, then your neighbor can be liable for damages. At this point a couple hundred bucks to consult with a real estate attorney would be well spent. If the city isn’t able/willing to stop the excavation and you are looking at irreversible damage then an emergency court order enforced by the sheriff’s dept. might be another way to go. | 1 | 3,106 | 9.183673 |
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