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5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds673q
dds41m7
1,487,180,179
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Take a screen shot from Google Earth right away before new images are posted without the tree. That can help establish information about the tree like its size.
u/xHeero Nailed it... Best of luck in court! But did the neighbor say why he cut down your tree? Was it just a spite thing because it's shedding leaves onto his property?
1
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5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds50xq
dds673q
1,487,178,882
1,487,180,179
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186
Do you by chance live in a historic district as they may have broken some by-laws as well.
Take a screen shot from Google Earth right away before new images are posted without the tree. That can help establish information about the tree like its size.
0
1,297
10.333333
5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds2ro5
dds673q
1,487,176,323
1,487,180,179
13
186
You say, at first look it would be in his yard. Is there a fence or some other visible divider that marks the division of your properties, that is in the wrong place? If so you will want to know when that fence was installed and why. It would also be good to know when his driveway was paved. http://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-200.html
Take a screen shot from Google Earth right away before new images are posted without the tree. That can help establish information about the tree like its size.
0
3,856
14.307692
5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds673q
dds4zgf
1,487,180,179
1,487,178,836
186
10
Take a screen shot from Google Earth right away before new images are posted without the tree. That can help establish information about the tree like its size.
Couple of questions here: 1) It looks like (especially with the driveway) you and neighbor have generally assumed the property line would put the tree on his land. How long has that been a thing? From what I have learned here, you could end up with an easement on the drive part of the property, based on past use. Is that right? 2) If 1 is true, could that extend to the further area where the tree was? Does ownership length matter? Other things here make this sound more complicated than just "Guy reached over the fence and chopped my tree up"
1
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5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds2ro5
dds41m7
1,487,176,323
1,487,177,772
13
49
You say, at first look it would be in his yard. Is there a fence or some other visible divider that marks the division of your properties, that is in the wrong place? If so you will want to know when that fence was installed and why. It would also be good to know when his driveway was paved. http://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-200.html
u/xHeero Nailed it... Best of luck in court! But did the neighbor say why he cut down your tree? Was it just a spite thing because it's shedding leaves onto his property?
0
1,449
3.769231
5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds2ro5
dds50xq
1,487,176,323
1,487,178,882
13
18
You say, at first look it would be in his yard. Is there a fence or some other visible divider that marks the division of your properties, that is in the wrong place? If so you will want to know when that fence was installed and why. It would also be good to know when his driveway was paved. http://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-200.html
Do you by chance live in a historic district as they may have broken some by-laws as well.
0
2,559
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5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
dds50xq
dds4zgf
1,487,178,882
1,487,178,836
18
10
Do you by chance live in a historic district as they may have broken some by-laws as well.
Couple of questions here: 1) It looks like (especially with the driveway) you and neighbor have generally assumed the property line would put the tree on his land. How long has that been a thing? From what I have learned here, you could end up with an easement on the drive part of the property, based on past use. Is that right? 2) If 1 is true, could that extend to the further area where the tree was? Does ownership length matter? Other things here make this sound more complicated than just "Guy reached over the fence and chopped my tree up"
1
46
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5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
ddsgpt7
dds2ro5
1,487,191,712
1,487,176,323
14
13
Random question: who mows the grass (if any) directly to the right of his driveway? Do you split it 50/50? Or do you mow it all? It very well could be that your neighbor didn't know it wasn't his tree. Have you spoken to them yet? What did he say?
You say, at first look it would be in his yard. Is there a fence or some other visible divider that marks the division of your properties, that is in the wrong place? If so you will want to know when that fence was installed and why. It would also be good to know when his driveway was paved. http://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-200.html
1
15,389
1.076923
5u8cny
legaladvice_train
0.97
Neighbor cut down a tree in our yard: Tree Law and shitty MS Paint maps AL] Now that I have your attention, yeah, that's the gist of it. The neighbor went and cut down a tree in our yard. Now, at first look, it seems like it'd be in his yard. Except we've had the property surveyed, and it is (was) on our property. Hell, even part of his driveway is on our property. [My magnum opus. So, obviously we're going to need a lawyer, and they're going to have a field day with it. Is there anything in particular we'd need to document to make a strong case? I've already got pictures of the stump of the tree before he could grind it out, but what else might be necessary? I'm in Mobile, AL.
ddsgpt7
dds4zgf
1,487,191,712
1,487,178,836
14
10
Random question: who mows the grass (if any) directly to the right of his driveway? Do you split it 50/50? Or do you mow it all? It very well could be that your neighbor didn't know it wasn't his tree. Have you spoken to them yet? What did he say?
Couple of questions here: 1) It looks like (especially with the driveway) you and neighbor have generally assumed the property line would put the tree on his land. How long has that been a thing? From what I have learned here, you could end up with an easement on the drive part of the property, based on past use. Is that right? 2) If 1 is true, could that extend to the further area where the tree was? Does ownership length matter? Other things here make this sound more complicated than just "Guy reached over the fence and chopped my tree up"
1
12,876
1.4
7ts74q
legaladvice_train
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dter96i
dteuphs
1,517,232,066
1,517,236,915
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If CPS comes over, then you and your wife POLITELY explain to them that your mother/MIL is a little over-reactive sometimes, and that she saw you changing a poopy diaper and she thought that you were molesting your son. Then your wife tells her mother that she is no longer welcome inside of your house. If you are living with your MIL, then you need to move out.
Used to be CPS. We dealt with this kind of nonsense ALL. THE. TIME. And believe me, nobody hates false complaints more than CPS . That said in my state a complaint about an infant almost always meant a visit. They will be looking for: 1. Injuries or unexplained bruising, 2. Inappropriate reactions from the child (for example if he is chill with everyone else and starts shrieking and pulling away from you or goes catatonic ) 3. Signs of physical neglect including underweight, under clothed for the temperature, dirty or a house that is unsafe or dirty (feces on the floor or rotting food dirty not we have a baby messy) They don't care about your music and will only be impressed that you are an active parent when your wife is working. Be nice. Let them know there are issues with the MIL but don't rant. The saner you sound the worse she will seem. And try not to worry. The CPS worker has probably sorted 3 crazy relative/neighbor/divorce calls before she had her coffee.
0
4,849
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7ts74q
legaladvice_train
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dteuphs
dterunw
1,517,236,915
1,517,233,015
6,182
567
Used to be CPS. We dealt with this kind of nonsense ALL. THE. TIME. And believe me, nobody hates false complaints more than CPS . That said in my state a complaint about an infant almost always meant a visit. They will be looking for: 1. Injuries or unexplained bruising, 2. Inappropriate reactions from the child (for example if he is chill with everyone else and starts shrieking and pulling away from you or goes catatonic ) 3. Signs of physical neglect including underweight, under clothed for the temperature, dirty or a house that is unsafe or dirty (feces on the floor or rotting food dirty not we have a baby messy) They don't care about your music and will only be impressed that you are an active parent when your wife is working. Be nice. Let them know there are issues with the MIL but don't rant. The saner you sound the worse she will seem. And try not to worry. The CPS worker has probably sorted 3 crazy relative/neighbor/divorce calls before she had her coffee.
Just talk to cps. Explain what happened. Crazy family reports are normal
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7ts74q
legaladvice_train
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dteuphs
dterhsl
1,517,236,915
1,517,232,453
6,182
248
Used to be CPS. We dealt with this kind of nonsense ALL. THE. TIME. And believe me, nobody hates false complaints more than CPS . That said in my state a complaint about an infant almost always meant a visit. They will be looking for: 1. Injuries or unexplained bruising, 2. Inappropriate reactions from the child (for example if he is chill with everyone else and starts shrieking and pulling away from you or goes catatonic ) 3. Signs of physical neglect including underweight, under clothed for the temperature, dirty or a house that is unsafe or dirty (feces on the floor or rotting food dirty not we have a baby messy) They don't care about your music and will only be impressed that you are an active parent when your wife is working. Be nice. Let them know there are issues with the MIL but don't rant. The saner you sound the worse she will seem. And try not to worry. The CPS worker has probably sorted 3 crazy relative/neighbor/divorce calls before she had her coffee.
> When CPS show up, do I bar them from entering and explain the waste of time they're in for? Cooperate with CPS. Do what they ask. If you don't, they can bring the police and remove your child from your home by force.
1
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7ts74q
legaladvice_train
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtez2v4
dtf7w29
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I am not a lawyer...one other person mentioned the police. She assaulted you in a way that could have resulted in injury to the baby had your son fallen off the table. A restraining order might not be a bad idea, especially as the MIL has been trouble in other areas. Having that in place may help shoot down any other bs she tries to cause. The downside is that your wife would need to be on board with it and be willing to sever all contact for the duration of the order.
Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
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7ts74q
legaladvice_train
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dterunw
1,517,250,094
1,517,233,015
705
567
Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
Just talk to cps. Explain what happened. Crazy family reports are normal
1
17,079
1.243386
7ts74q
legaladvice_train
0.95
Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dtex1ba
1,517,250,094
1,517,239,589
705
354
Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
Well, she also assaulted you. Call the police.
1
10,505
1.991525
7ts74q
legaladvice_train
0.95
Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dtf1ti8
1,517,250,094
1,517,244,428
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Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
You should probably report her physical violence against you to the police.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dterhsl
1,517,250,094
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Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
> When CPS show up, do I bar them from entering and explain the waste of time they're in for? Cooperate with CPS. Do what they ask. If you don't, they can bring the police and remove your child from your home by force.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf573m
dtf7w29
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Clinical and forensic psychologist here. You arent in trouble. Let them investigate. What you did was what all parents do, and if it was not sexually stimulating or gratifying for you, thats the difference. Parents dont get off on cleaning up the little butts of our babies and little ones.
Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dtf4uqj
1,517,250,094
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705
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Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
1. Don't do anything stupid like try to block the CPS investigators from... you know, investigating. They have extremely broad powers, and will almost certainly take you barring them entry as evidence that they should broaden the scope of their investigation into you. 2. You being male doesn't change anything. CPS aren't stupid, they know full well that a huge number of reports are completely groundless and are simply used by enemies or family members (especially mother-in-laws) to try to abuse people they hate. Just be honest with them and they'll very quickly see that nothing is wrong. 3. They have policies they HAVE to follow - for instance, depending on the type of investigation, they may have _no choice_ but to take your son into temporary foster care. This may well be with a friend or family member of yours. However, this doesn't actually mean that your case is going badly! They just don't really have a lot of leeway in certain things that the law says they must do. Don't hold it against the investigators themselves, either - sure some are shitheads, but most are just as uncomfortable as you are about taking a child away even briefly from their parents just because the law says they don't get to make a call themselves. 4. CPS is certainly not going to judge you for being a SAHD. They see a huge number of SAHDs every day, and I honestly think you're just projecting your own thoughts here far too much and you've watched too much crime TV. Police and CPS aren't idiots and the vast majority of them aren't vindictive or anything. 5. They **will** demand that you show them your home. LET THEM LOOK. They're going to look for things like, baby-safe gates at the stairs, covers on electrical outlets, whether or not there's food in the fridge (specifically child-suitable foods, like young infant purees and the like), whether household chemicals are out of reach of children, the quality and layout of the child's nursery and/or playroom, that sort of thing. They will also physically inspect your child, up to a certain extent, for signs of things like shaken baby syndrome, any obvious signs of physical trauma, but they are NOT doctors so if they need to do a proper in-depth physical check-up, a doctor will have to do that. 6. **Be polite.** They're human beings doing a thankless job because they love children and want to protect them - yes, even yours. Offer them tea or coffee (which I almost guarantee they won't accept, but the offer DOES help), show them the rooms with polite alacrity, be honest and forthcoming in your answers, don't swear, that sort of thing. Abusing the CPS investigators is kind of like shitting on your own bed: I mean, they're the ones who are going to be going back to base and saying "nah, just another false alarm boss, he was a great dad". Do not expect to get away with opening the door, saying "my mother in law is crazy, now get the fuck off my property", and that this would somehow turn out fine. 7. You do not, I repeat **DO NOT** need a lawyer, and retaining one makes you look almost impossibly guilty which will mean they WILL broaden their investigation. If you're THAT concerned then feel free to keep the number of a solicitor on speed-dial, but don't actually call unless you show signs of being in legitimate need of their services. 8. **If your child has ANY medical conditions, get all his medical history NOW.** You want to be able to prove to the investigators that if your child shows signs of, say, consistent bruising, that it's the result of having haemophilia or something. They will never, ever "just take your word" for it, because all they ever hear is "no sir, I'm not abusing my son, the bruises just appeared magically from his rare medical condition that I happen to have lost all documentation for". So, even if it seems unrelated, find ALL medical documentation related to your son and keep it ready and available should they need to see it. 9. Any medications in your household, even aspirin and bandaids, needs to be treated as though it were an open bottle of bleach. Keep it in a locked cupboard out of reach of your son, because unsecured chemicals and medications is one of the big things they look for. Honestly mate you'll be fine. CPS aren't stupid, they aren't out to get you, and if you're a good parent with a clean safe home then they'll be on their merry way in no time so long as you treat them with respect and courtesy.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dtf4jaq
1,517,250,094
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705
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Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
When you get the official written response in the mail, save that piece of paper. Also, follow the directions on the bottom or back that talks about who to write to for more information-- politely ask they retain the unfounded records, otherwise they disappear from all records after about a year. You need this so CPS can establish history with your MIL, which you need for the harassment and possible action they'll take in the future. Your MIL will probably not make this the last one, speaking from experience with a bitter ex gf.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf7w29
dtf690p
1,517,250,094
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Putting in a word of support for you. Talk to your wife about having no contact with your MIL, during and after the CPS investigation. False claims are no joke. A united front will help relieve the stress on you a little. Cooperate with CPS and treat them with respect. They're only doing their jobs to investigate the possible harm to a child. They do not know the circumstances. Hostile, fraudulent reports are a thing but don't play too hard on that. Just show them how you take care of your son, answer their questions and try to be prepared with medical records, documents, and proof of providing a healthy environment for him. I'd report your MIL to the police for assaulting you. You were taking care of your son, and either of you could have been hurt.
Wonder how she would feel knowing how many times DH stuck a thermometer up DS's butt to get him to poop. Christ almighty she's fuckin crazy. If CPS shows up just cooperate with them. They will see that nothing is wrong with your son or your home and likely be on their way. Explain to them how crazy MIL is and what prompted this visit. CPS gets "false alarms" quite often and if anything this visit will show people how crazy she is and if she makes more calls they will ignore her. I would also have any medical records ready and available if your son has any conditions (even baby acne) or has been sick recently.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dterunw
dtez2v4
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Just talk to cps. Explain what happened. Crazy family reports are normal
I am not a lawyer...one other person mentioned the police. She assaulted you in a way that could have resulted in injury to the baby had your son fallen off the table. A restraining order might not be a bad idea, especially as the MIL has been trouble in other areas. Having that in place may help shoot down any other bs she tries to cause. The downside is that your wife would need to be on board with it and be willing to sever all contact for the duration of the order.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtez2v4
dtex1ba
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I am not a lawyer...one other person mentioned the police. She assaulted you in a way that could have resulted in injury to the baby had your son fallen off the table. A restraining order might not be a bad idea, especially as the MIL has been trouble in other areas. Having that in place may help shoot down any other bs she tries to cause. The downside is that your wife would need to be on board with it and be willing to sever all contact for the duration of the order.
Well, she also assaulted you. Call the police.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dterhsl
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> When CPS show up, do I bar them from entering and explain the waste of time they're in for? Cooperate with CPS. Do what they ask. If you don't, they can bring the police and remove your child from your home by force.
I am not a lawyer...one other person mentioned the police. She assaulted you in a way that could have resulted in injury to the baby had your son fallen off the table. A restraining order might not be a bad idea, especially as the MIL has been trouble in other areas. Having that in place may help shoot down any other bs she tries to cause. The downside is that your wife would need to be on board with it and be willing to sever all contact for the duration of the order.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dterhsl
dterunw
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> When CPS show up, do I bar them from entering and explain the waste of time they're in for? Cooperate with CPS. Do what they ask. If you don't, they can bring the police and remove your child from your home by force.
Just talk to cps. Explain what happened. Crazy family reports are normal
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dterhsl
dtex1ba
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> When CPS show up, do I bar them from entering and explain the waste of time they're in for? Cooperate with CPS. Do what they ask. If you don't, they can bring the police and remove your child from your home by force.
Well, she also assaulted you. Call the police.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dterhsl
dtf1ti8
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> When CPS show up, do I bar them from entering and explain the waste of time they're in for? Cooperate with CPS. Do what they ask. If you don't, they can bring the police and remove your child from your home by force.
You should probably report her physical violence against you to the police.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
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1. Don't do anything stupid like try to block the CPS investigators from... you know, investigating. They have extremely broad powers, and will almost certainly take you barring them entry as evidence that they should broaden the scope of their investigation into you. 2. You being male doesn't change anything. CPS aren't stupid, they know full well that a huge number of reports are completely groundless and are simply used by enemies or family members (especially mother-in-laws) to try to abuse people they hate. Just be honest with them and they'll very quickly see that nothing is wrong. 3. They have policies they HAVE to follow - for instance, depending on the type of investigation, they may have _no choice_ but to take your son into temporary foster care. This may well be with a friend or family member of yours. However, this doesn't actually mean that your case is going badly! They just don't really have a lot of leeway in certain things that the law says they must do. Don't hold it against the investigators themselves, either - sure some are shitheads, but most are just as uncomfortable as you are about taking a child away even briefly from their parents just because the law says they don't get to make a call themselves. 4. CPS is certainly not going to judge you for being a SAHD. They see a huge number of SAHDs every day, and I honestly think you're just projecting your own thoughts here far too much and you've watched too much crime TV. Police and CPS aren't idiots and the vast majority of them aren't vindictive or anything. 5. They **will** demand that you show them your home. LET THEM LOOK. They're going to look for things like, baby-safe gates at the stairs, covers on electrical outlets, whether or not there's food in the fridge (specifically child-suitable foods, like young infant purees and the like), whether household chemicals are out of reach of children, the quality and layout of the child's nursery and/or playroom, that sort of thing. They will also physically inspect your child, up to a certain extent, for signs of things like shaken baby syndrome, any obvious signs of physical trauma, but they are NOT doctors so if they need to do a proper in-depth physical check-up, a doctor will have to do that. 6. **Be polite.** They're human beings doing a thankless job because they love children and want to protect them - yes, even yours. Offer them tea or coffee (which I almost guarantee they won't accept, but the offer DOES help), show them the rooms with polite alacrity, be honest and forthcoming in your answers, don't swear, that sort of thing. Abusing the CPS investigators is kind of like shitting on your own bed: I mean, they're the ones who are going to be going back to base and saying "nah, just another false alarm boss, he was a great dad". Do not expect to get away with opening the door, saying "my mother in law is crazy, now get the fuck off my property", and that this would somehow turn out fine. 7. You do not, I repeat **DO NOT** need a lawyer, and retaining one makes you look almost impossibly guilty which will mean they WILL broaden their investigation. If you're THAT concerned then feel free to keep the number of a solicitor on speed-dial, but don't actually call unless you show signs of being in legitimate need of their services. 8. **If your child has ANY medical conditions, get all his medical history NOW.** You want to be able to prove to the investigators that if your child shows signs of, say, consistent bruising, that it's the result of having haemophilia or something. They will never, ever "just take your word" for it, because all they ever hear is "no sir, I'm not abusing my son, the bruises just appeared magically from his rare medical condition that I happen to have lost all documentation for". So, even if it seems unrelated, find ALL medical documentation related to your son and keep it ready and available should they need to see it. 9. Any medications in your household, even aspirin and bandaids, needs to be treated as though it were an open bottle of bleach. Keep it in a locked cupboard out of reach of your son, because unsecured chemicals and medications is one of the big things they look for. Honestly mate you'll be fine. CPS aren't stupid, they aren't out to get you, and if you're a good parent with a clean safe home then they'll be on their merry way in no time so long as you treat them with respect and courtesy.
Clinical and forensic psychologist here. You arent in trouble. Let them investigate. What you did was what all parents do, and if it was not sexually stimulating or gratifying for you, thats the difference. Parents dont get off on cleaning up the little butts of our babies and little ones.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf573m
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Clinical and forensic psychologist here. You arent in trouble. Let them investigate. What you did was what all parents do, and if it was not sexually stimulating or gratifying for you, thats the difference. Parents dont get off on cleaning up the little butts of our babies and little ones.
When you get the official written response in the mail, save that piece of paper. Also, follow the directions on the bottom or back that talks about who to write to for more information-- politely ask they retain the unfounded records, otherwise they disappear from all records after about a year. You need this so CPS can establish history with your MIL, which you need for the harassment and possible action they'll take in the future. Your MIL will probably not make this the last one, speaking from experience with a bitter ex gf.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf4jaq
dtf4uqj
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When you get the official written response in the mail, save that piece of paper. Also, follow the directions on the bottom or back that talks about who to write to for more information-- politely ask they retain the unfounded records, otherwise they disappear from all records after about a year. You need this so CPS can establish history with your MIL, which you need for the harassment and possible action they'll take in the future. Your MIL will probably not make this the last one, speaking from experience with a bitter ex gf.
1. Don't do anything stupid like try to block the CPS investigators from... you know, investigating. They have extremely broad powers, and will almost certainly take you barring them entry as evidence that they should broaden the scope of their investigation into you. 2. You being male doesn't change anything. CPS aren't stupid, they know full well that a huge number of reports are completely groundless and are simply used by enemies or family members (especially mother-in-laws) to try to abuse people they hate. Just be honest with them and they'll very quickly see that nothing is wrong. 3. They have policies they HAVE to follow - for instance, depending on the type of investigation, they may have _no choice_ but to take your son into temporary foster care. This may well be with a friend or family member of yours. However, this doesn't actually mean that your case is going badly! They just don't really have a lot of leeway in certain things that the law says they must do. Don't hold it against the investigators themselves, either - sure some are shitheads, but most are just as uncomfortable as you are about taking a child away even briefly from their parents just because the law says they don't get to make a call themselves. 4. CPS is certainly not going to judge you for being a SAHD. They see a huge number of SAHDs every day, and I honestly think you're just projecting your own thoughts here far too much and you've watched too much crime TV. Police and CPS aren't idiots and the vast majority of them aren't vindictive or anything. 5. They **will** demand that you show them your home. LET THEM LOOK. They're going to look for things like, baby-safe gates at the stairs, covers on electrical outlets, whether or not there's food in the fridge (specifically child-suitable foods, like young infant purees and the like), whether household chemicals are out of reach of children, the quality and layout of the child's nursery and/or playroom, that sort of thing. They will also physically inspect your child, up to a certain extent, for signs of things like shaken baby syndrome, any obvious signs of physical trauma, but they are NOT doctors so if they need to do a proper in-depth physical check-up, a doctor will have to do that. 6. **Be polite.** They're human beings doing a thankless job because they love children and want to protect them - yes, even yours. Offer them tea or coffee (which I almost guarantee they won't accept, but the offer DOES help), show them the rooms with polite alacrity, be honest and forthcoming in your answers, don't swear, that sort of thing. Abusing the CPS investigators is kind of like shitting on your own bed: I mean, they're the ones who are going to be going back to base and saying "nah, just another false alarm boss, he was a great dad". Do not expect to get away with opening the door, saying "my mother in law is crazy, now get the fuck off my property", and that this would somehow turn out fine. 7. You do not, I repeat **DO NOT** need a lawyer, and retaining one makes you look almost impossibly guilty which will mean they WILL broaden their investigation. If you're THAT concerned then feel free to keep the number of a solicitor on speed-dial, but don't actually call unless you show signs of being in legitimate need of their services. 8. **If your child has ANY medical conditions, get all his medical history NOW.** You want to be able to prove to the investigators that if your child shows signs of, say, consistent bruising, that it's the result of having haemophilia or something. They will never, ever "just take your word" for it, because all they ever hear is "no sir, I'm not abusing my son, the bruises just appeared magically from his rare medical condition that I happen to have lost all documentation for". So, even if it seems unrelated, find ALL medical documentation related to your son and keep it ready and available should they need to see it. 9. Any medications in your household, even aspirin and bandaids, needs to be treated as though it were an open bottle of bleach. Keep it in a locked cupboard out of reach of your son, because unsecured chemicals and medications is one of the big things they look for. Honestly mate you'll be fine. CPS aren't stupid, they aren't out to get you, and if you're a good parent with a clean safe home then they'll be on their merry way in no time so long as you treat them with respect and courtesy.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf4jaq
dtf815a
1,517,247,021
1,517,250,219
60
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When you get the official written response in the mail, save that piece of paper. Also, follow the directions on the bottom or back that talks about who to write to for more information-- politely ask they retain the unfounded records, otherwise they disappear from all records after about a year. You need this so CPS can establish history with your MIL, which you need for the harassment and possible action they'll take in the future. Your MIL will probably not make this the last one, speaking from experience with a bitter ex gf.
Proper CPS authorities only care about the baby being taken care of properly. It is far more common now than it has been in the past. Do you have food in the cupboards? Extra diapers? Formula? Is the house decently clean, no old food sitting around, bathroom nice? This is what they care about. They may ask to look at your son sans clothing and nappy, this is NORMAL for them. They are looking for signs of bruising, rash, redness, in short anything out of the ordinary if they do this. In a toddler bruising at coffee table height, and the middle of the forehead are considered normal due to the baby learning how to negotiate around things not just in front of the eyeballs. Also wiping a baby's asshole is NECESSARY and NORMAL! You would be abusive not to! (Sadly this gives more legitimacy to a few stories I recently heard of about women discussing the idea that there have been men they dated who refused to wipe between their ass cheeks, resulting in horrid smell and extreme grossness. I still cannot imagine living this way.) Prepare for a CPS visit yes. Worry, no. You will be fine.
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Accused of sexually abusing my infant son by batshit MIL. Throwaway for obvious reasons. Bear with me. My insane Christian MIL hates me. I listen to Metallica and Megadeth, therefore I am the reincarnation of Lucifer. Yesterday I was changing our son's (6 months old) nappy, he had poop all over the place, because he's a baby. I cleaned around his anus and my MIL shreaked at the top of her lungs: "You just sexually abused your son! You fucking vile pig." Our son, obviously almost jumped off the changing table with shock and was in hysterics. MIL started slapping me around the back of the head, shoulders and back. Wife came in and almost had to carry MIL out of the room. I'm in a state of shock, I have to calm our son down and finish cleaning him. Can hear MIL and FIL raging in the background. Hear the front door slam. MIL now says she's calling CPS and has reported the "sexual abuse" of our son. What's my recourse here? When CPS show up, do I bar them from entering and explain the waste of time they're in for? Do I let them in? Do I hire a lawyer and look for a cease and desist? I'm worried about letting CPS in because people have told me that they will take a dim view of me (the father) being the one looking after him while my wife is working. Is there any truth to that? I'm fairly certain she will call CPS because she has called the police on me in the past for driving my wife's car. State is Wyoming.
dtf690p
dtf815a
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Wonder how she would feel knowing how many times DH stuck a thermometer up DS's butt to get him to poop. Christ almighty she's fuckin crazy. If CPS shows up just cooperate with them. They will see that nothing is wrong with your son or your home and likely be on their way. Explain to them how crazy MIL is and what prompted this visit. CPS gets "false alarms" quite often and if anything this visit will show people how crazy she is and if she makes more calls they will ignore her. I would also have any medical records ready and available if your son has any conditions (even baby acne) or has been sick recently.
Proper CPS authorities only care about the baby being taken care of properly. It is far more common now than it has been in the past. Do you have food in the cupboards? Extra diapers? Formula? Is the house decently clean, no old food sitting around, bathroom nice? This is what they care about. They may ask to look at your son sans clothing and nappy, this is NORMAL for them. They are looking for signs of bruising, rash, redness, in short anything out of the ordinary if they do this. In a toddler bruising at coffee table height, and the middle of the forehead are considered normal due to the baby learning how to negotiate around things not just in front of the eyeballs. Also wiping a baby's asshole is NECESSARY and NORMAL! You would be abusive not to! (Sadly this gives more legitimacy to a few stories I recently heard of about women discussing the idea that there have been men they dated who refused to wipe between their ass cheeks, resulting in horrid smell and extreme grossness. I still cannot imagine living this way.) Prepare for a CPS visit yes. Worry, no. You will be fine.
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My teenage son is being sexually groomed Hello and thank you very much to everyone for your help. TLDR at the end. Our son is 14 years old and all parties live in Georgia. Two weeks ago, we discovered that a close family friend (40 years old) has been sexually grooming our son. We discovered this after getting some weird vibes from our last encounter and suddenly all the pieces clicked together in our mind. It became blatantly obvious after viewing the text message history between my son and this person. We immediately ceased all contact and called the police. We feel incredibly lucky that nothing physical had occurred yet. In the messages, my son and this person discuss pornography they've watched together - they created a shared account on a porn site. They watched the videos at the ex-family friend's house on their laptop. Additionally, the ex-friend would save videos that they wanted my son to watch alone. Matching up the text messages against the date/time stamps on the porn account, they watched movies together many times and my son watched several alone. The detective said they may uncover more if/when they have access to the laptop. According to the calendar I keep, there are many documented visits to this person's house and the computer history may contain movies viewed outside of the account or deleted. There are several other very inappropriate text conversations - sending pictures back and forth of girls (clothed) and asking my son if he found them attractive, how this person had to hide from their spouse to masturbate, at times being "turned on" and frustrated, and other convos along those lines. My kid states in a couple of the replies that he is feeling pressured and uncomfortable. All of the above is in the messages between the two of them. There is no ambiguity or code words. In addition to the messages, there are also several gifts that were given under the guise that it was earned by working and helping out around their house. The gifts included the phone my son used for messages and viewing porn. All "gifts" have been turned over to the police. My son was hanging out with this person frequently. Their house was on his walk home from school, they were tutoring him, taking him with them to use their gym membership, or just letting him hang out. Please keep in mind, I am a stay at home parent - I knew where he was at all times and I absolutely trusted this person. This friendship went back to high school, our families hang out regularly, we live less than half a mile apart. I am completely blindsided by this - the anger and guilt are tremendous. Here's where we are now - we called the police around 2 weeks ago and after reading the messages, the responding officer immediately called in the calvary. Within 2 hours, his supervisor had shown up with a detective, CPS came and went, and all the evidence(?) on our side had been collected. Everybody was freaking awesome and amazingly kind. Since then we have met the detective twice at the Children's Advocacy Center to talk with my son.  The detective told us that he is working closely with the DA and would probably interview the ex-family friend this week. I guess at some point the detective intends to have the friends laptop - he said something about using it to verify the story. The friend has no clue that we have reported this to the police - they think our son is grounded and has lost privileges. My (our) questions: What happens now? What should we expect next? What crimes could they be charged for and what are the penalties? I am under the assumption that this is the first time this person has ever been accused of this nature. This person is well known, very active in their church and community, plus has a child that they adopted through the local foster/CPS program. How long do cases like this carry on? When will that person be arrested?  Is there any defense to allegations like this that are commonly used? How will they attempt to explain their actions? What can we do to help or ensure that charges will be pressed? All of us have begun therapy through the Children's Advocacy Center - us for guilt, our son for a myriad of reasons but mostly guilt and shame. We do not in any way blame or fault him and he is not, nor ever been, in trouble with the police.  Thank you very, very much for any suggestions, advice, or information. As you can imagine, we are still stunned at this situation. TLDR; 14 yr old sexually groomed by 40 yr old, nothing physical, watched and shared pornography, gifts given - all corroborated in their text messages to each other. What laws have been (allegedly) broken and what are the penalties? What are the stages of a police investigation, DA already involved, and how should we expect this to proceed? What could their defense be to allegations of this nature? I will check this post later this evening to answer any questions and read all the replies. Thank you
dfnc3j4
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Several things to prepare for, I think. 1. Massive amounts of social media backlash. Genuine possibility you will lose untrue friends over this. Get ready to build some walls. 2. Get your data protected. Hard copies, unconnected computer, firewalls, antivirals, etc. 3. Monitor, if not completely eliminate, your sons screen time (I suspect this has already been done to some degree). No smartphone. No texting. Computer only in public view. It actually may be the best thing to aid in his therapy that you can control. 4. Tell him you love him, at all times. Make sure his father does this as well.
Similar case in my old district I worked in a few years ago. Youth minister grooming teenager. No physical stuff but tons of electronic evidence of grooming, and he was caught in the act going to "meet" the victim for God knows what. Ends up having to do 2 actual years of prison counting good time, plus he had dozens of letters of mitigation from people vouching for this disgusting predator. The only letter asking for a harsher punishment was the victims father. Keep your expectations in check, but if the police are able to execute their warrants, who knows what other gross stuff he has on his machines or what he has done. You have saved the innocence of not only your child but likely others. It is horrible but you also have to see the good.
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My teenage son is being sexually groomed Hello and thank you very much to everyone for your help. TLDR at the end. Our son is 14 years old and all parties live in Georgia. Two weeks ago, we discovered that a close family friend (40 years old) has been sexually grooming our son. We discovered this after getting some weird vibes from our last encounter and suddenly all the pieces clicked together in our mind. It became blatantly obvious after viewing the text message history between my son and this person. We immediately ceased all contact and called the police. We feel incredibly lucky that nothing physical had occurred yet. In the messages, my son and this person discuss pornography they've watched together - they created a shared account on a porn site. They watched the videos at the ex-family friend's house on their laptop. Additionally, the ex-friend would save videos that they wanted my son to watch alone. Matching up the text messages against the date/time stamps on the porn account, they watched movies together many times and my son watched several alone. The detective said they may uncover more if/when they have access to the laptop. According to the calendar I keep, there are many documented visits to this person's house and the computer history may contain movies viewed outside of the account or deleted. There are several other very inappropriate text conversations - sending pictures back and forth of girls (clothed) and asking my son if he found them attractive, how this person had to hide from their spouse to masturbate, at times being "turned on" and frustrated, and other convos along those lines. My kid states in a couple of the replies that he is feeling pressured and uncomfortable. All of the above is in the messages between the two of them. There is no ambiguity or code words. In addition to the messages, there are also several gifts that were given under the guise that it was earned by working and helping out around their house. The gifts included the phone my son used for messages and viewing porn. All "gifts" have been turned over to the police. My son was hanging out with this person frequently. Their house was on his walk home from school, they were tutoring him, taking him with them to use their gym membership, or just letting him hang out. Please keep in mind, I am a stay at home parent - I knew where he was at all times and I absolutely trusted this person. This friendship went back to high school, our families hang out regularly, we live less than half a mile apart. I am completely blindsided by this - the anger and guilt are tremendous. Here's where we are now - we called the police around 2 weeks ago and after reading the messages, the responding officer immediately called in the calvary. Within 2 hours, his supervisor had shown up with a detective, CPS came and went, and all the evidence(?) on our side had been collected. Everybody was freaking awesome and amazingly kind. Since then we have met the detective twice at the Children's Advocacy Center to talk with my son.  The detective told us that he is working closely with the DA and would probably interview the ex-family friend this week. I guess at some point the detective intends to have the friends laptop - he said something about using it to verify the story. The friend has no clue that we have reported this to the police - they think our son is grounded and has lost privileges. My (our) questions: What happens now? What should we expect next? What crimes could they be charged for and what are the penalties? I am under the assumption that this is the first time this person has ever been accused of this nature. This person is well known, very active in their church and community, plus has a child that they adopted through the local foster/CPS program. How long do cases like this carry on? When will that person be arrested?  Is there any defense to allegations like this that are commonly used? How will they attempt to explain their actions? What can we do to help or ensure that charges will be pressed? All of us have begun therapy through the Children's Advocacy Center - us for guilt, our son for a myriad of reasons but mostly guilt and shame. We do not in any way blame or fault him and he is not, nor ever been, in trouble with the police.  Thank you very, very much for any suggestions, advice, or information. As you can imagine, we are still stunned at this situation. TLDR; 14 yr old sexually groomed by 40 yr old, nothing physical, watched and shared pornography, gifts given - all corroborated in their text messages to each other. What laws have been (allegedly) broken and what are the penalties? What are the stages of a police investigation, DA already involved, and how should we expect this to proceed? What could their defense be to allegations of this nature? I will check this post later this evening to answer any questions and read all the replies. Thank you
dfmzo7v
dfnc3j4
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These cases are difficult for prosecutors and they will look for corroboration and a cooperative, believable victim. This is going to be incredibly tough on your son and he will likely have to testify at least once but maybe twice if it goes to trial. That means he will have to sit in front of his abuser and 20 other strangers talking about sex, pornography, masturbation and his penis. That's incredibly difficult for anyone. It sounds like you are doing a great job in dealing with this and seeking therapy for your family. Ask the detective when he presents the case to the DA for the name of the assigned prosecutor and follow up with them.
Several things to prepare for, I think. 1. Massive amounts of social media backlash. Genuine possibility you will lose untrue friends over this. Get ready to build some walls. 2. Get your data protected. Hard copies, unconnected computer, firewalls, antivirals, etc. 3. Monitor, if not completely eliminate, your sons screen time (I suspect this has already been done to some degree). No smartphone. No texting. Computer only in public view. It actually may be the best thing to aid in his therapy that you can control. 4. Tell him you love him, at all times. Make sure his father does this as well.
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My teenage son is being sexually groomed Hello and thank you very much to everyone for your help. TLDR at the end. Our son is 14 years old and all parties live in Georgia. Two weeks ago, we discovered that a close family friend (40 years old) has been sexually grooming our son. We discovered this after getting some weird vibes from our last encounter and suddenly all the pieces clicked together in our mind. It became blatantly obvious after viewing the text message history between my son and this person. We immediately ceased all contact and called the police. We feel incredibly lucky that nothing physical had occurred yet. In the messages, my son and this person discuss pornography they've watched together - they created a shared account on a porn site. They watched the videos at the ex-family friend's house on their laptop. Additionally, the ex-friend would save videos that they wanted my son to watch alone. Matching up the text messages against the date/time stamps on the porn account, they watched movies together many times and my son watched several alone. The detective said they may uncover more if/when they have access to the laptop. According to the calendar I keep, there are many documented visits to this person's house and the computer history may contain movies viewed outside of the account or deleted. There are several other very inappropriate text conversations - sending pictures back and forth of girls (clothed) and asking my son if he found them attractive, how this person had to hide from their spouse to masturbate, at times being "turned on" and frustrated, and other convos along those lines. My kid states in a couple of the replies that he is feeling pressured and uncomfortable. All of the above is in the messages between the two of them. There is no ambiguity or code words. In addition to the messages, there are also several gifts that were given under the guise that it was earned by working and helping out around their house. The gifts included the phone my son used for messages and viewing porn. All "gifts" have been turned over to the police. My son was hanging out with this person frequently. Their house was on his walk home from school, they were tutoring him, taking him with them to use their gym membership, or just letting him hang out. Please keep in mind, I am a stay at home parent - I knew where he was at all times and I absolutely trusted this person. This friendship went back to high school, our families hang out regularly, we live less than half a mile apart. I am completely blindsided by this - the anger and guilt are tremendous. Here's where we are now - we called the police around 2 weeks ago and after reading the messages, the responding officer immediately called in the calvary. Within 2 hours, his supervisor had shown up with a detective, CPS came and went, and all the evidence(?) on our side had been collected. Everybody was freaking awesome and amazingly kind. Since then we have met the detective twice at the Children's Advocacy Center to talk with my son.  The detective told us that he is working closely with the DA and would probably interview the ex-family friend this week. I guess at some point the detective intends to have the friends laptop - he said something about using it to verify the story. The friend has no clue that we have reported this to the police - they think our son is grounded and has lost privileges. My (our) questions: What happens now? What should we expect next? What crimes could they be charged for and what are the penalties? I am under the assumption that this is the first time this person has ever been accused of this nature. This person is well known, very active in their church and community, plus has a child that they adopted through the local foster/CPS program. How long do cases like this carry on? When will that person be arrested?  Is there any defense to allegations like this that are commonly used? How will they attempt to explain their actions? What can we do to help or ensure that charges will be pressed? All of us have begun therapy through the Children's Advocacy Center - us for guilt, our son for a myriad of reasons but mostly guilt and shame. We do not in any way blame or fault him and he is not, nor ever been, in trouble with the police.  Thank you very, very much for any suggestions, advice, or information. As you can imagine, we are still stunned at this situation. TLDR; 14 yr old sexually groomed by 40 yr old, nothing physical, watched and shared pornography, gifts given - all corroborated in their text messages to each other. What laws have been (allegedly) broken and what are the penalties? What are the stages of a police investigation, DA already involved, and how should we expect this to proceed? What could their defense be to allegations of this nature? I will check this post later this evening to answer any questions and read all the replies. Thank you
dfnc3j4
dfn9gjj
1,490,965,351
1,490,960,420
102
30
Several things to prepare for, I think. 1. Massive amounts of social media backlash. Genuine possibility you will lose untrue friends over this. Get ready to build some walls. 2. Get your data protected. Hard copies, unconnected computer, firewalls, antivirals, etc. 3. Monitor, if not completely eliminate, your sons screen time (I suspect this has already been done to some degree). No smartphone. No texting. Computer only in public view. It actually may be the best thing to aid in his therapy that you can control. 4. Tell him you love him, at all times. Make sure his father does this as well.
Not a legal question but was the accused a man or a woman ?
1
4,931
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62hwid
legaladvice_train
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My teenage son is being sexually groomed Hello and thank you very much to everyone for your help. TLDR at the end. Our son is 14 years old and all parties live in Georgia. Two weeks ago, we discovered that a close family friend (40 years old) has been sexually grooming our son. We discovered this after getting some weird vibes from our last encounter and suddenly all the pieces clicked together in our mind. It became blatantly obvious after viewing the text message history between my son and this person. We immediately ceased all contact and called the police. We feel incredibly lucky that nothing physical had occurred yet. In the messages, my son and this person discuss pornography they've watched together - they created a shared account on a porn site. They watched the videos at the ex-family friend's house on their laptop. Additionally, the ex-friend would save videos that they wanted my son to watch alone. Matching up the text messages against the date/time stamps on the porn account, they watched movies together many times and my son watched several alone. The detective said they may uncover more if/when they have access to the laptop. According to the calendar I keep, there are many documented visits to this person's house and the computer history may contain movies viewed outside of the account or deleted. There are several other very inappropriate text conversations - sending pictures back and forth of girls (clothed) and asking my son if he found them attractive, how this person had to hide from their spouse to masturbate, at times being "turned on" and frustrated, and other convos along those lines. My kid states in a couple of the replies that he is feeling pressured and uncomfortable. All of the above is in the messages between the two of them. There is no ambiguity or code words. In addition to the messages, there are also several gifts that were given under the guise that it was earned by working and helping out around their house. The gifts included the phone my son used for messages and viewing porn. All "gifts" have been turned over to the police. My son was hanging out with this person frequently. Their house was on his walk home from school, they were tutoring him, taking him with them to use their gym membership, or just letting him hang out. Please keep in mind, I am a stay at home parent - I knew where he was at all times and I absolutely trusted this person. This friendship went back to high school, our families hang out regularly, we live less than half a mile apart. I am completely blindsided by this - the anger and guilt are tremendous. Here's where we are now - we called the police around 2 weeks ago and after reading the messages, the responding officer immediately called in the calvary. Within 2 hours, his supervisor had shown up with a detective, CPS came and went, and all the evidence(?) on our side had been collected. Everybody was freaking awesome and amazingly kind. Since then we have met the detective twice at the Children's Advocacy Center to talk with my son.  The detective told us that he is working closely with the DA and would probably interview the ex-family friend this week. I guess at some point the detective intends to have the friends laptop - he said something about using it to verify the story. The friend has no clue that we have reported this to the police - they think our son is grounded and has lost privileges. My (our) questions: What happens now? What should we expect next? What crimes could they be charged for and what are the penalties? I am under the assumption that this is the first time this person has ever been accused of this nature. This person is well known, very active in their church and community, plus has a child that they adopted through the local foster/CPS program. How long do cases like this carry on? When will that person be arrested?  Is there any defense to allegations like this that are commonly used? How will they attempt to explain their actions? What can we do to help or ensure that charges will be pressed? All of us have begun therapy through the Children's Advocacy Center - us for guilt, our son for a myriad of reasons but mostly guilt and shame. We do not in any way blame or fault him and he is not, nor ever been, in trouble with the police.  Thank you very, very much for any suggestions, advice, or information. As you can imagine, we are still stunned at this situation. TLDR; 14 yr old sexually groomed by 40 yr old, nothing physical, watched and shared pornography, gifts given - all corroborated in their text messages to each other. What laws have been (allegedly) broken and what are the penalties? What are the stages of a police investigation, DA already involved, and how should we expect this to proceed? What could their defense be to allegations of this nature? I will check this post later this evening to answer any questions and read all the replies. Thank you
dfnsy3u
dfmwc2y
1,490,985,024
1,490,930,003
76
73
Not legal advice. I was 13. I also was not physical with the man who groomed me. He WILL be ok, he WILL be confused. But you obviously are loving parents. Therapy is good. Hugs. Reading this made me a bit emotional so I don't even know if I'm making sense but, hugs.
Similar case in my old district I worked in a few years ago. Youth minister grooming teenager. No physical stuff but tons of electronic evidence of grooming, and he was caught in the act going to "meet" the victim for God knows what. Ends up having to do 2 actual years of prison counting good time, plus he had dozens of letters of mitigation from people vouching for this disgusting predator. The only letter asking for a harsher punishment was the victims father. Keep your expectations in check, but if the police are able to execute their warrants, who knows what other gross stuff he has on his machines or what he has done. You have saved the innocence of not only your child but likely others. It is horrible but you also have to see the good.
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My teenage son is being sexually groomed Hello and thank you very much to everyone for your help. TLDR at the end. Our son is 14 years old and all parties live in Georgia. Two weeks ago, we discovered that a close family friend (40 years old) has been sexually grooming our son. We discovered this after getting some weird vibes from our last encounter and suddenly all the pieces clicked together in our mind. It became blatantly obvious after viewing the text message history between my son and this person. We immediately ceased all contact and called the police. We feel incredibly lucky that nothing physical had occurred yet. In the messages, my son and this person discuss pornography they've watched together - they created a shared account on a porn site. They watched the videos at the ex-family friend's house on their laptop. Additionally, the ex-friend would save videos that they wanted my son to watch alone. Matching up the text messages against the date/time stamps on the porn account, they watched movies together many times and my son watched several alone. The detective said they may uncover more if/when they have access to the laptop. According to the calendar I keep, there are many documented visits to this person's house and the computer history may contain movies viewed outside of the account or deleted. There are several other very inappropriate text conversations - sending pictures back and forth of girls (clothed) and asking my son if he found them attractive, how this person had to hide from their spouse to masturbate, at times being "turned on" and frustrated, and other convos along those lines. My kid states in a couple of the replies that he is feeling pressured and uncomfortable. All of the above is in the messages between the two of them. There is no ambiguity or code words. In addition to the messages, there are also several gifts that were given under the guise that it was earned by working and helping out around their house. The gifts included the phone my son used for messages and viewing porn. All "gifts" have been turned over to the police. My son was hanging out with this person frequently. Their house was on his walk home from school, they were tutoring him, taking him with them to use their gym membership, or just letting him hang out. Please keep in mind, I am a stay at home parent - I knew where he was at all times and I absolutely trusted this person. This friendship went back to high school, our families hang out regularly, we live less than half a mile apart. I am completely blindsided by this - the anger and guilt are tremendous. Here's where we are now - we called the police around 2 weeks ago and after reading the messages, the responding officer immediately called in the calvary. Within 2 hours, his supervisor had shown up with a detective, CPS came and went, and all the evidence(?) on our side had been collected. Everybody was freaking awesome and amazingly kind. Since then we have met the detective twice at the Children's Advocacy Center to talk with my son.  The detective told us that he is working closely with the DA and would probably interview the ex-family friend this week. I guess at some point the detective intends to have the friends laptop - he said something about using it to verify the story. The friend has no clue that we have reported this to the police - they think our son is grounded and has lost privileges. My (our) questions: What happens now? What should we expect next? What crimes could they be charged for and what are the penalties? I am under the assumption that this is the first time this person has ever been accused of this nature. This person is well known, very active in their church and community, plus has a child that they adopted through the local foster/CPS program. How long do cases like this carry on? When will that person be arrested?  Is there any defense to allegations like this that are commonly used? How will they attempt to explain their actions? What can we do to help or ensure that charges will be pressed? All of us have begun therapy through the Children's Advocacy Center - us for guilt, our son for a myriad of reasons but mostly guilt and shame. We do not in any way blame or fault him and he is not, nor ever been, in trouble with the police.  Thank you very, very much for any suggestions, advice, or information. As you can imagine, we are still stunned at this situation. TLDR; 14 yr old sexually groomed by 40 yr old, nothing physical, watched and shared pornography, gifts given - all corroborated in their text messages to each other. What laws have been (allegedly) broken and what are the penalties? What are the stages of a police investigation, DA already involved, and how should we expect this to proceed? What could their defense be to allegations of this nature? I will check this post later this evening to answer any questions and read all the replies. Thank you
dfnsy3u
dfmzo7v
1,490,985,024
1,490,935,356
76
57
Not legal advice. I was 13. I also was not physical with the man who groomed me. He WILL be ok, he WILL be confused. But you obviously are loving parents. Therapy is good. Hugs. Reading this made me a bit emotional so I don't even know if I'm making sense but, hugs.
These cases are difficult for prosecutors and they will look for corroboration and a cooperative, believable victim. This is going to be incredibly tough on your son and he will likely have to testify at least once but maybe twice if it goes to trial. That means he will have to sit in front of his abuser and 20 other strangers talking about sex, pornography, masturbation and his penis. That's incredibly difficult for anyone. It sounds like you are doing a great job in dealing with this and seeking therapy for your family. Ask the detective when he presents the case to the DA for the name of the assigned prosecutor and follow up with them.
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My teenage son is being sexually groomed Hello and thank you very much to everyone for your help. TLDR at the end. Our son is 14 years old and all parties live in Georgia. Two weeks ago, we discovered that a close family friend (40 years old) has been sexually grooming our son. We discovered this after getting some weird vibes from our last encounter and suddenly all the pieces clicked together in our mind. It became blatantly obvious after viewing the text message history between my son and this person. We immediately ceased all contact and called the police. We feel incredibly lucky that nothing physical had occurred yet. In the messages, my son and this person discuss pornography they've watched together - they created a shared account on a porn site. They watched the videos at the ex-family friend's house on their laptop. Additionally, the ex-friend would save videos that they wanted my son to watch alone. Matching up the text messages against the date/time stamps on the porn account, they watched movies together many times and my son watched several alone. The detective said they may uncover more if/when they have access to the laptop. According to the calendar I keep, there are many documented visits to this person's house and the computer history may contain movies viewed outside of the account or deleted. There are several other very inappropriate text conversations - sending pictures back and forth of girls (clothed) and asking my son if he found them attractive, how this person had to hide from their spouse to masturbate, at times being "turned on" and frustrated, and other convos along those lines. My kid states in a couple of the replies that he is feeling pressured and uncomfortable. All of the above is in the messages between the two of them. There is no ambiguity or code words. In addition to the messages, there are also several gifts that were given under the guise that it was earned by working and helping out around their house. The gifts included the phone my son used for messages and viewing porn. All "gifts" have been turned over to the police. My son was hanging out with this person frequently. Their house was on his walk home from school, they were tutoring him, taking him with them to use their gym membership, or just letting him hang out. Please keep in mind, I am a stay at home parent - I knew where he was at all times and I absolutely trusted this person. This friendship went back to high school, our families hang out regularly, we live less than half a mile apart. I am completely blindsided by this - the anger and guilt are tremendous. Here's where we are now - we called the police around 2 weeks ago and after reading the messages, the responding officer immediately called in the calvary. Within 2 hours, his supervisor had shown up with a detective, CPS came and went, and all the evidence(?) on our side had been collected. Everybody was freaking awesome and amazingly kind. Since then we have met the detective twice at the Children's Advocacy Center to talk with my son.  The detective told us that he is working closely with the DA and would probably interview the ex-family friend this week. I guess at some point the detective intends to have the friends laptop - he said something about using it to verify the story. The friend has no clue that we have reported this to the police - they think our son is grounded and has lost privileges. My (our) questions: What happens now? What should we expect next? What crimes could they be charged for and what are the penalties? I am under the assumption that this is the first time this person has ever been accused of this nature. This person is well known, very active in their church and community, plus has a child that they adopted through the local foster/CPS program. How long do cases like this carry on? When will that person be arrested?  Is there any defense to allegations like this that are commonly used? How will they attempt to explain their actions? What can we do to help or ensure that charges will be pressed? All of us have begun therapy through the Children's Advocacy Center - us for guilt, our son for a myriad of reasons but mostly guilt and shame. We do not in any way blame or fault him and he is not, nor ever been, in trouble with the police.  Thank you very, very much for any suggestions, advice, or information. As you can imagine, we are still stunned at this situation. TLDR; 14 yr old sexually groomed by 40 yr old, nothing physical, watched and shared pornography, gifts given - all corroborated in their text messages to each other. What laws have been (allegedly) broken and what are the penalties? What are the stages of a police investigation, DA already involved, and how should we expect this to proceed? What could their defense be to allegations of this nature? I will check this post later this evening to answer any questions and read all the replies. Thank you
dfnsy3u
dfn9gjj
1,490,985,024
1,490,960,420
76
30
Not legal advice. I was 13. I also was not physical with the man who groomed me. He WILL be ok, he WILL be confused. But you obviously are loving parents. Therapy is good. Hugs. Reading this made me a bit emotional so I don't even know if I'm making sense but, hugs.
Not a legal question but was the accused a man or a woman ?
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59xjq3
h59qstc
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I am a lawyer. I am not your lawyer. You should talk to a family law attorney. I would ask your ex why this is happening. You seem to have very valid reasons why you are concerned. But the court is going to ask this same question as well. Parents in divorce situations are allowed to parent differently. When your ex is the custodial parent, he has the right to act as a parent does. You may not always like it, but he gets to be a parent on his own terms. For example, your ex may be making your son weigh himself because he has been noticing weight loss that seems extreme. Anorexics tend to lie about their food consumption to hide their disorder. Your ex may be saying this is the only way I can know your son is eating enough to not lose weight. Or your ex may be worried about several other things. Despite your objection to a scale, a court would likely reasonably find that your ex is being considerate in addressing your child's health needs. Bigger point. You will need to know. Simply doing something you would not do as a parent isn't going to over turn custody. If you do not know why your ex is doing this, then you are wasting your money talking to a lawyer. If your ex won't tell you, then I would start talking to a lawyer.
I’d first call the kid’s counselor and ask how detrimental they think this is to the child’s recovery. If they’re anything but clear and firm that this harms the child and are willing to put that in writing, then think through what evidence you’re going to give the courts that (1) this happened and (2) is detrimental to the child’s well-being. It’s obvious to us and to you that this is bad but if you don’t have evidence to submit, the courts can’t do much.
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59xjq3
h59kzt7
1,626,357,420
1,626,350,708
314
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I am a lawyer. I am not your lawyer. You should talk to a family law attorney. I would ask your ex why this is happening. You seem to have very valid reasons why you are concerned. But the court is going to ask this same question as well. Parents in divorce situations are allowed to parent differently. When your ex is the custodial parent, he has the right to act as a parent does. You may not always like it, but he gets to be a parent on his own terms. For example, your ex may be making your son weigh himself because he has been noticing weight loss that seems extreme. Anorexics tend to lie about their food consumption to hide their disorder. Your ex may be saying this is the only way I can know your son is eating enough to not lose weight. Or your ex may be worried about several other things. Despite your objection to a scale, a court would likely reasonably find that your ex is being considerate in addressing your child's health needs. Bigger point. You will need to know. Simply doing something you would not do as a parent isn't going to over turn custody. If you do not know why your ex is doing this, then you are wasting your money talking to a lawyer. If your ex won't tell you, then I would start talking to a lawyer.
I am not a lawyer but it would seem that withholding food is child abuse. Penal Code 270 PC is the California state statute that defines the offense of child neglect. A parent commits this crime by willfully failing to **provide a necessity for a minor child without a legal excuse**. A necessity includes things such as clothing, **food**, medicine, and shelter.
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okm8tr
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59xjq3
h59pupw
1,626,357,420
1,626,353,585
314
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I am a lawyer. I am not your lawyer. You should talk to a family law attorney. I would ask your ex why this is happening. You seem to have very valid reasons why you are concerned. But the court is going to ask this same question as well. Parents in divorce situations are allowed to parent differently. When your ex is the custodial parent, he has the right to act as a parent does. You may not always like it, but he gets to be a parent on his own terms. For example, your ex may be making your son weigh himself because he has been noticing weight loss that seems extreme. Anorexics tend to lie about their food consumption to hide their disorder. Your ex may be saying this is the only way I can know your son is eating enough to not lose weight. Or your ex may be worried about several other things. Despite your objection to a scale, a court would likely reasonably find that your ex is being considerate in addressing your child's health needs. Bigger point. You will need to know. Simply doing something you would not do as a parent isn't going to over turn custody. If you do not know why your ex is doing this, then you are wasting your money talking to a lawyer. If your ex won't tell you, then I would start talking to a lawyer.
INAL. If you can, you should reach out to the provider who is leading your sons treatment team. First and foremost to make them aware of the situation, but also to get a copy of his treatment plan to provide to your lawyer and/or CPS. As you know, eating disorders can be incredibly difficult to treat and I am concerned that if this happens again it could trigger a relapse. Having the recommendations of a medical professional/specialist who can detail the exact risks this behavior poses to your son may be helpful in showing the authorities that this truly could be a life or death situation and isn’t just about not liking the parenting plan. I hope your son is ok and this doesn’t impact his recovery. I’m glad he reached out to you. If possible, I would also recommend that he reach out to his treatment team to help him get through this patch before he can come home. I’m sorry this is happening.
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59xjq3
h59kzqw
1,626,357,420
1,626,350,707
314
4
I am a lawyer. I am not your lawyer. You should talk to a family law attorney. I would ask your ex why this is happening. You seem to have very valid reasons why you are concerned. But the court is going to ask this same question as well. Parents in divorce situations are allowed to parent differently. When your ex is the custodial parent, he has the right to act as a parent does. You may not always like it, but he gets to be a parent on his own terms. For example, your ex may be making your son weigh himself because he has been noticing weight loss that seems extreme. Anorexics tend to lie about their food consumption to hide their disorder. Your ex may be saying this is the only way I can know your son is eating enough to not lose weight. Or your ex may be worried about several other things. Despite your objection to a scale, a court would likely reasonably find that your ex is being considerate in addressing your child's health needs. Bigger point. You will need to know. Simply doing something you would not do as a parent isn't going to over turn custody. If you do not know why your ex is doing this, then you are wasting your money talking to a lawyer. If your ex won't tell you, then I would start talking to a lawyer.
When did your son develop this disorder? How has it been treated? Was this an issue brought before the court? What is the breakdown of your custody/visitation?
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okm8tr
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59kzt7
h59qstc
1,626,350,708
1,626,354,099
63
76
I am not a lawyer but it would seem that withholding food is child abuse. Penal Code 270 PC is the California state statute that defines the offense of child neglect. A parent commits this crime by willfully failing to **provide a necessity for a minor child without a legal excuse**. A necessity includes things such as clothing, **food**, medicine, and shelter.
I’d first call the kid’s counselor and ask how detrimental they think this is to the child’s recovery. If they’re anything but clear and firm that this harms the child and are willing to put that in writing, then think through what evidence you’re going to give the courts that (1) this happened and (2) is detrimental to the child’s well-being. It’s obvious to us and to you that this is bad but if you don’t have evidence to submit, the courts can’t do much.
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59qstc
h59pupw
1,626,354,099
1,626,353,585
76
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I’d first call the kid’s counselor and ask how detrimental they think this is to the child’s recovery. If they’re anything but clear and firm that this harms the child and are willing to put that in writing, then think through what evidence you’re going to give the courts that (1) this happened and (2) is detrimental to the child’s well-being. It’s obvious to us and to you that this is bad but if you don’t have evidence to submit, the courts can’t do much.
INAL. If you can, you should reach out to the provider who is leading your sons treatment team. First and foremost to make them aware of the situation, but also to get a copy of his treatment plan to provide to your lawyer and/or CPS. As you know, eating disorders can be incredibly difficult to treat and I am concerned that if this happens again it could trigger a relapse. Having the recommendations of a medical professional/specialist who can detail the exact risks this behavior poses to your son may be helpful in showing the authorities that this truly could be a life or death situation and isn’t just about not liking the parenting plan. I hope your son is ok and this doesn’t impact his recovery. I’m glad he reached out to you. If possible, I would also recommend that he reach out to his treatment team to help him get through this patch before he can come home. I’m sorry this is happening.
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okm8tr
legaladvice_train
0.96
My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59qstc
h59kzqw
1,626,354,099
1,626,350,707
76
4
I’d first call the kid’s counselor and ask how detrimental they think this is to the child’s recovery. If they’re anything but clear and firm that this harms the child and are willing to put that in writing, then think through what evidence you’re going to give the courts that (1) this happened and (2) is detrimental to the child’s well-being. It’s obvious to us and to you that this is bad but if you don’t have evidence to submit, the courts can’t do much.
When did your son develop this disorder? How has it been treated? Was this an issue brought before the court? What is the breakdown of your custody/visitation?
1
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okm8tr
legaladvice_train
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My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59kzqw
h59kzt7
1,626,350,707
1,626,350,708
4
63
When did your son develop this disorder? How has it been treated? Was this an issue brought before the court? What is the breakdown of your custody/visitation?
I am not a lawyer but it would seem that withholding food is child abuse. Penal Code 270 PC is the California state statute that defines the offense of child neglect. A parent commits this crime by willfully failing to **provide a necessity for a minor child without a legal excuse**. A necessity includes things such as clothing, **food**, medicine, and shelter.
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okm8tr
legaladvice_train
0.96
My ex husband refused to allow my teenage son to eat until he weighed himself. Is there any way I can get my son off of visitation? Divorce happened in California where ex lives. Son and I live in Colorado. Son is currently on visitation with ex in California. My son has a history of anorexia and ex knows this. Son has been in treatment for a few months now and has made significant progress. Son texts me today telling me that ex made him weigh himself. Son refused because of his past and ex told him he wouldn't be allowed to eat until he weighed himself. Once again, ex has been kept well aware that son has been dealing with anorexia for a long time and that food is a sensitive topic. Surely there's some way I can get son out of ex's house? He will be there for another two weeks. I do not feel comfortable at all with son completing the visit. Not if this is how ex treats him. Do I have any options?
h59pupw
h59kzqw
1,626,353,585
1,626,350,707
47
4
INAL. If you can, you should reach out to the provider who is leading your sons treatment team. First and foremost to make them aware of the situation, but also to get a copy of his treatment plan to provide to your lawyer and/or CPS. As you know, eating disorders can be incredibly difficult to treat and I am concerned that if this happens again it could trigger a relapse. Having the recommendations of a medical professional/specialist who can detail the exact risks this behavior poses to your son may be helpful in showing the authorities that this truly could be a life or death situation and isn’t just about not liking the parenting plan. I hope your son is ok and this doesn’t impact his recovery. I’m glad he reached out to you. If possible, I would also recommend that he reach out to his treatment team to help him get through this patch before he can come home. I’m sorry this is happening.
When did your son develop this disorder? How has it been treated? Was this an issue brought before the court? What is the breakdown of your custody/visitation?
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pp0d3q
legaladvice_train
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My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd0wlie
hd09mma
1,631,755,254
1,631,744,463
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I am not a lawyer but I am a hospital Compliance Officer. You, unfortunately, have no rights here. There are certain instances in mental health where HIPAA may be waived, but this is not one of them.
Probably none. She revoked her consent to share medical information. Best of luck and hopefully she's turns out okay
1
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pp0d3q
legaladvice_train
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My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd0fs7d
hd0wlie
1,631,747,285
1,631,755,254
587
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None. HIPAA actually applies here. Since she is not a minor, she has to give written consent on who is allowed to receive information. I work in healthcare and have had to tell spouses that we can’t give them information because they’re not on the list of who has HIPAA privileges.
I am not a lawyer but I am a hospital Compliance Officer. You, unfortunately, have no rights here. There are certain instances in mental health where HIPAA may be waived, but this is not one of them.
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pp0d3q
legaladvice_train
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My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd1o34p
hd11i9u
1,631,770,185
1,631,757,564
460
400
Source: psych nurse Unless she signs an information release, you have no rights to know anything. She is her own person with autonomy and a right to privacy that will not be taken away even during an involuntary hospitalization. Psych hospitals are extra strict on HIPAA compliance because of the stigma and negative connotations associated with a psychiatric history. Even if she calls you from the hospital, even if staff will put you on the phone to speak to her directly, unless she provides a HIPAA release, they legally cannot even tell you whether or not she is, or has ever been, in the building. If she intends to come back to your shared home, you’ll probably get a call from a case worker prior to her being discharged to make sure there’s no reason she can’t come home and to make sure any weapons, large quantities of medications, etc are secured or removed. If you have any concerns or information to relay to the care team in the meantime, as long as you stay level-headed about it they can still listen and pass a note on to her or whoever else it needs to go to.
People are answering you about HIPPA, but if your question is about longer term things like a POA or guardianship, its going to be very state specific. I have been inside wards, as a voluntary patient and for clients who are subject to involuntary petitions for mental health treatment or for involuntary guardianship. Being there feels like getting your insides scrubbed out - not because of how patients are treated, but because it's the setting where suicide logic wears off and a person starts to wonder how in the fuck they got themselves on to a locked ward. Like if you've ever gotten a colonoscopy - you know the night before? It's like that, but in your heart and soul. You've both clearly been through some stuff, so now is not a good time to try to figure out or fix or file anything. Call the ward - they may deny that she's there, but stay calm and say that you're her husband and would like to leave a message for her or her case manager in the event that she is. And it's that you love her, you want her to be OK, and you'll be waiting for her. A case manager will probably be in touch with you in the next day or two to get some back story and set up her care and after care plans. In almost all states, if the hospital files a petition to keep her longer than she wants to stay, you will be informed and she will likely have a lawyer appointed to her. Best wishes to you both.
1
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pp0d3q
legaladvice_train
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My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd1crul
hd1o34p
1,631,763,209
1,631,770,185
254
460
Psychiatrist: Generally, none. Without a release the hospital is required to protect her confidentiality. If you think it will help her treatment, what you can do is share information with her treatment team. We can always listen to what was going on leading up to the admission or any past history that might be relevant and are generally happy to do so (just be forewarned that before we listen we have to give the disclaimer that we can neither confirm nor deny that she’s even a patient).
Source: psych nurse Unless she signs an information release, you have no rights to know anything. She is her own person with autonomy and a right to privacy that will not be taken away even during an involuntary hospitalization. Psych hospitals are extra strict on HIPAA compliance because of the stigma and negative connotations associated with a psychiatric history. Even if she calls you from the hospital, even if staff will put you on the phone to speak to her directly, unless she provides a HIPAA release, they legally cannot even tell you whether or not she is, or has ever been, in the building. If she intends to come back to your shared home, you’ll probably get a call from a case worker prior to her being discharged to make sure there’s no reason she can’t come home and to make sure any weapons, large quantities of medications, etc are secured or removed. If you have any concerns or information to relay to the care team in the meantime, as long as you stay level-headed about it they can still listen and pass a note on to her or whoever else it needs to go to.
0
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pp0d3q
legaladvice_train
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My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd0y3gl
hd1o34p
1,631,755,968
1,631,770,185
167
460
ER RN here. You have no rights at all unless she changes her mind. Psych privacy is sacred.
Source: psych nurse Unless she signs an information release, you have no rights to know anything. She is her own person with autonomy and a right to privacy that will not be taken away even during an involuntary hospitalization. Psych hospitals are extra strict on HIPAA compliance because of the stigma and negative connotations associated with a psychiatric history. Even if she calls you from the hospital, even if staff will put you on the phone to speak to her directly, unless she provides a HIPAA release, they legally cannot even tell you whether or not she is, or has ever been, in the building. If she intends to come back to your shared home, you’ll probably get a call from a case worker prior to her being discharged to make sure there’s no reason she can’t come home and to make sure any weapons, large quantities of medications, etc are secured or removed. If you have any concerns or information to relay to the care team in the meantime, as long as you stay level-headed about it they can still listen and pass a note on to her or whoever else it needs to go to.
0
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pp0d3q
legaladvice_train
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My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd0y3gl
hd11i9u
1,631,755,968
1,631,757,564
167
400
ER RN here. You have no rights at all unless she changes her mind. Psych privacy is sacred.
People are answering you about HIPPA, but if your question is about longer term things like a POA or guardianship, its going to be very state specific. I have been inside wards, as a voluntary patient and for clients who are subject to involuntary petitions for mental health treatment or for involuntary guardianship. Being there feels like getting your insides scrubbed out - not because of how patients are treated, but because it's the setting where suicide logic wears off and a person starts to wonder how in the fuck they got themselves on to a locked ward. Like if you've ever gotten a colonoscopy - you know the night before? It's like that, but in your heart and soul. You've both clearly been through some stuff, so now is not a good time to try to figure out or fix or file anything. Call the ward - they may deny that she's there, but stay calm and say that you're her husband and would like to leave a message for her or her case manager in the event that she is. And it's that you love her, you want her to be OK, and you'll be waiting for her. A case manager will probably be in touch with you in the next day or two to get some back story and set up her care and after care plans. In almost all states, if the hospital files a petition to keep her longer than she wants to stay, you will be informed and she will likely have a lawyer appointed to her. Best wishes to you both.
0
1,596
2.39521
pp0d3q
legaladvice_train
0.95
My wife just went to the ER for suicidal intentions. She told the nurses to withhold any information from me. What are my rights as her husband
hd1crul
hd0y3gl
1,631,763,209
1,631,755,968
254
167
Psychiatrist: Generally, none. Without a release the hospital is required to protect her confidentiality. If you think it will help her treatment, what you can do is share information with her treatment team. We can always listen to what was going on leading up to the admission or any past history that might be relevant and are generally happy to do so (just be forewarned that before we listen we have to give the disclaimer that we can neither confirm nor deny that she’s even a patient).
ER RN here. You have no rights at all unless she changes her mind. Psych privacy is sacred.
1
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4pb9b
el4kijm
1,555,532,011
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Talk to your insurance company. It's very likely that they'll be paying for damage, and giving them a potential target to sue for subrogation is a good idea. (They'd pay for the damage and then sue the guy in the truck for the money they had to pay. Your insurance company has a better lawyer than you do, and this is part of what you pay them for.)
Not a lawyer.. but.. have experience with trucks running train horns off compressors and they are crazy loud. I have had numerous friends run these and they were usually pretty good about using them around people. If someone used it to actually honk at someone, they are a douchebag (per your illustration). Per California CVC "but no horn shall emit an unreasonably loud or harsh sound" so its subjective, but pretty sure that the local PD/CHP (not sure who responded exactly to the accident) will cite him on this. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=12.&title=&part=&chapter=5.&article=1. I know everyone is jumping on the "you are in control of your vehicle at all times" but my question would be is it a reasonable assumption that this incident would not have taken place if the truck did not use his horn. Was there any indication that the accident would still have happened if he did not use his horn or was the accident a direct cause from the horn and the cascading events that took place after. again, Not a lawyer, but really interested in the outcome of this.
1
2,674
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bea5yk
legaladvice_train
0.98
California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4ojoj
el4pb9b
1,555,531,587
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California is a “pure comparative fault” state. In short, that means that in a lawsuit, parties will litigate over what percentage of the fault for the accident each is responsible for, and then they will each need to pay their percentage of the damage. My guess is that this will fall somewhere in the realm of 50-50 between you and the train horn truck (but that an uninformed guess; I am a lawyer, but not in CA, and I don’t practice in this field of law). As for the traffic citation, I would relax. Even if the police do mail you a ticket, I can’t imagine you not prevailing if you show up in court and explain the circumstances to the judge. I sit in courtrooms every day and watch judges toss out civil motor vehicle infractions with far worse facts than yours behind them. If you have a clean driving record, even better—tell the judge that. (If you don’t have a clean driving record, stay mum about your history, the judge can’t consider this propensity evidence unless you invite her to). You left one important consideration out of your question—can your insurance company hike your rates up because of this? Unfortunately, I believe the answer to this is yes, even if you don’t get a traffic citation (though see my earlier disclaimer).
Talk to your insurance company. It's very likely that they'll be paying for damage, and giving them a potential target to sue for subrogation is a good idea. (They'd pay for the damage and then sue the guy in the truck for the money they had to pay. Your insurance company has a better lawyer than you do, and this is part of what you pay them for.)
0
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4h41s
el4pb9b
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You're not completely at fault, the other drivers seem to agree that his horn caused you all to swerve, and he was cited for the illegal horn. If the horn caused all of you other drivers to swerve, that's pretty helpful for your position. >he was equally scared and he slammed his brakes and left his lane when he heard the horn >The guy in the truck did get a ticket for having using his train horn as that's illegal If he was cited for an illegal horn that makes your case even stronger. Get a copy of the police report, as it will likely list the primary cause of the accident. If you are injured or have property damage, consult a personal injury attorney. The California State Bar website will have listings/referrals if you aren't sure where to start looking. The consult will likely be free, as PI attorneys mostly work on contingency as opposed to hourly. It's worth looking into and hearing what the attorney has to say.
Talk to your insurance company. It's very likely that they'll be paying for damage, and giving them a potential target to sue for subrogation is a good idea. (They'd pay for the damage and then sue the guy in the truck for the money they had to pay. Your insurance company has a better lawyer than you do, and this is part of what you pay them for.)
0
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4pb9b
el47skg
1,555,532,011
1,555,521,507
1,351
45
Talk to your insurance company. It's very likely that they'll be paying for damage, and giving them a potential target to sue for subrogation is a good idea. (They'd pay for the damage and then sue the guy in the truck for the money they had to pay. Your insurance company has a better lawyer than you do, and this is part of what you pay them for.)
In general you are required to maintain control of your car at all times. In order to avoid fault, you would have to prove that swerving to the left was a reasonable response to a loud noise to your right, which given the fact that it caused an accident is going to be a hard sell. California is a comparative negligence state, so if you can get any amount of the fault put on the truck driver that's going to help you, but it's unlikely you'll get 100% of the accident pinned on him. Ultimately you lost control of your vehicle in a situation where you could have maintained it.
1
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4kijm
el4h41s
1,555,529,337
1,555,527,346
411
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Not a lawyer.. but.. have experience with trucks running train horns off compressors and they are crazy loud. I have had numerous friends run these and they were usually pretty good about using them around people. If someone used it to actually honk at someone, they are a douchebag (per your illustration). Per California CVC "but no horn shall emit an unreasonably loud or harsh sound" so its subjective, but pretty sure that the local PD/CHP (not sure who responded exactly to the accident) will cite him on this. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=12.&title=&part=&chapter=5.&article=1. I know everyone is jumping on the "you are in control of your vehicle at all times" but my question would be is it a reasonable assumption that this incident would not have taken place if the truck did not use his horn. Was there any indication that the accident would still have happened if he did not use his horn or was the accident a direct cause from the horn and the cascading events that took place after. again, Not a lawyer, but really interested in the outcome of this.
You're not completely at fault, the other drivers seem to agree that his horn caused you all to swerve, and he was cited for the illegal horn. If the horn caused all of you other drivers to swerve, that's pretty helpful for your position. >he was equally scared and he slammed his brakes and left his lane when he heard the horn >The guy in the truck did get a ticket for having using his train horn as that's illegal If he was cited for an illegal horn that makes your case even stronger. Get a copy of the police report, as it will likely list the primary cause of the accident. If you are injured or have property damage, consult a personal injury attorney. The California State Bar website will have listings/referrals if you aren't sure where to start looking. The consult will likely be free, as PI attorneys mostly work on contingency as opposed to hourly. It's worth looking into and hearing what the attorney has to say.
1
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4kijm
el47skg
1,555,529,337
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Not a lawyer.. but.. have experience with trucks running train horns off compressors and they are crazy loud. I have had numerous friends run these and they were usually pretty good about using them around people. If someone used it to actually honk at someone, they are a douchebag (per your illustration). Per California CVC "but no horn shall emit an unreasonably loud or harsh sound" so its subjective, but pretty sure that the local PD/CHP (not sure who responded exactly to the accident) will cite him on this. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=12.&title=&part=&chapter=5.&article=1. I know everyone is jumping on the "you are in control of your vehicle at all times" but my question would be is it a reasonable assumption that this incident would not have taken place if the truck did not use his horn. Was there any indication that the accident would still have happened if he did not use his horn or was the accident a direct cause from the horn and the cascading events that took place after. again, Not a lawyer, but really interested in the outcome of this.
In general you are required to maintain control of your car at all times. In order to avoid fault, you would have to prove that swerving to the left was a reasonable response to a loud noise to your right, which given the fact that it caused an accident is going to be a hard sell. California is a comparative negligence state, so if you can get any amount of the fault put on the truck driver that's going to help you, but it's unlikely you'll get 100% of the accident pinned on him. Ultimately you lost control of your vehicle in a situation where you could have maintained it.
1
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4ojoj
el4h41s
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California is a “pure comparative fault” state. In short, that means that in a lawsuit, parties will litigate over what percentage of the fault for the accident each is responsible for, and then they will each need to pay their percentage of the damage. My guess is that this will fall somewhere in the realm of 50-50 between you and the train horn truck (but that an uninformed guess; I am a lawyer, but not in CA, and I don’t practice in this field of law). As for the traffic citation, I would relax. Even if the police do mail you a ticket, I can’t imagine you not prevailing if you show up in court and explain the circumstances to the judge. I sit in courtrooms every day and watch judges toss out civil motor vehicle infractions with far worse facts than yours behind them. If you have a clean driving record, even better—tell the judge that. (If you don’t have a clean driving record, stay mum about your history, the judge can’t consider this propensity evidence unless you invite her to). You left one important consideration out of your question—can your insurance company hike your rates up because of this? Unfortunately, I believe the answer to this is yes, even if you don’t get a traffic citation (though see my earlier disclaimer).
You're not completely at fault, the other drivers seem to agree that his horn caused you all to swerve, and he was cited for the illegal horn. If the horn caused all of you other drivers to swerve, that's pretty helpful for your position. >he was equally scared and he slammed his brakes and left his lane when he heard the horn >The guy in the truck did get a ticket for having using his train horn as that's illegal If he was cited for an illegal horn that makes your case even stronger. Get a copy of the police report, as it will likely list the primary cause of the accident. If you are injured or have property damage, consult a personal injury attorney. The California State Bar website will have listings/referrals if you aren't sure where to start looking. The consult will likely be free, as PI attorneys mostly work on contingency as opposed to hourly. It's worth looking into and hearing what the attorney has to say.
1
4,241
1.826531
bea5yk
legaladvice_train
0.98
California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4ojoj
el47skg
1,555,531,587
1,555,521,507
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California is a “pure comparative fault” state. In short, that means that in a lawsuit, parties will litigate over what percentage of the fault for the accident each is responsible for, and then they will each need to pay their percentage of the damage. My guess is that this will fall somewhere in the realm of 50-50 between you and the train horn truck (but that an uninformed guess; I am a lawyer, but not in CA, and I don’t practice in this field of law). As for the traffic citation, I would relax. Even if the police do mail you a ticket, I can’t imagine you not prevailing if you show up in court and explain the circumstances to the judge. I sit in courtrooms every day and watch judges toss out civil motor vehicle infractions with far worse facts than yours behind them. If you have a clean driving record, even better—tell the judge that. (If you don’t have a clean driving record, stay mum about your history, the judge can’t consider this propensity evidence unless you invite her to). You left one important consideration out of your question—can your insurance company hike your rates up because of this? Unfortunately, I believe the answer to this is yes, even if you don’t get a traffic citation (though see my earlier disclaimer).
In general you are required to maintain control of your car at all times. In order to avoid fault, you would have to prove that swerving to the left was a reasonable response to a loud noise to your right, which given the fact that it caused an accident is going to be a hard sell. California is a comparative negligence state, so if you can get any amount of the fault put on the truck driver that's going to help you, but it's unlikely you'll get 100% of the accident pinned on him. Ultimately you lost control of your vehicle in a situation where you could have maintained it.
1
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el4h41s
el47skg
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You're not completely at fault, the other drivers seem to agree that his horn caused you all to swerve, and he was cited for the illegal horn. If the horn caused all of you other drivers to swerve, that's pretty helpful for your position. >he was equally scared and he slammed his brakes and left his lane when he heard the horn >The guy in the truck did get a ticket for having using his train horn as that's illegal If he was cited for an illegal horn that makes your case even stronger. Get a copy of the police report, as it will likely list the primary cause of the accident. If you are injured or have property damage, consult a personal injury attorney. The California State Bar website will have listings/referrals if you aren't sure where to start looking. The consult will likely be free, as PI attorneys mostly work on contingency as opposed to hourly. It's worth looking into and hearing what the attorney has to say.
In general you are required to maintain control of your car at all times. In order to avoid fault, you would have to prove that swerving to the left was a reasonable response to a loud noise to your right, which given the fact that it caused an accident is going to be a hard sell. California is a comparative negligence state, so if you can get any amount of the fault put on the truck driver that's going to help you, but it's unlikely you'll get 100% of the accident pinned on him. Ultimately you lost control of your vehicle in a situation where you could have maintained it.
1
5,839
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bea5yk
legaladvice_train
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California - Involved in accident caused by prank (very loud) train horn on another car. I'd like to fight the ticket I am guessing I am going to get, and likely future lawsuit. California Using a throwaway This happened yesterday Driving down a 3 lane road, I am in the middle lane, light a head of us abut 1/4 mile up turns red, everyone starts slowing down, but still moving ~30MPH, douchebag in a ridiculous lifted truck to the right of me as a "prank" honks his horn. Not any horn, but a fucking train horn. Scared the shit out of me Here is what happened: - Horn goes off, it caused me to swerve and slam into the back of the car in front of me in the next lane over - Another car was hit by the car I hit - We are all in agreement that we do not know if he hit the car first or if I pushed him into the car because he was equally scared and he slammed his brakes and left his lane when he heard the horn. - Shockingly enough, the truck stuck around - MS Paint diagram of the situation - https://i.imgur.com/G4NY5HC.png No tickets were handed out to those of us in the accident as the cops wanted to take their time concluding their investigation, but we were all told that tickets are coming. The guy in the truck did get a ticket for having using his train horn as that's illegal My main question here...Am I at fault here? What can I do to pin the cause of this on the guy in the truck with the super loud horn? Some quick googling says that his modification is be illegal (as evidenced by the ticket he received), but are his actions enough to make him at fault?
el47skg
el51v75
1,555,521,507
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In general you are required to maintain control of your car at all times. In order to avoid fault, you would have to prove that swerving to the left was a reasonable response to a loud noise to your right, which given the fact that it caused an accident is going to be a hard sell. California is a comparative negligence state, so if you can get any amount of the fault put on the truck driver that's going to help you, but it's unlikely you'll get 100% of the accident pinned on him. Ultimately you lost control of your vehicle in a situation where you could have maintained it.
Your insurance company is going to take the lead on this one. Their lawyer should file a cross-complaint against the truck driver if you are named as a defendant in a lawsuit. Lot of the comments here are saying you are liable, but there is certainly a case to be made that the horn caused the accident. If this goes to trial the truck driver could possibly be found mostly or totally responsible for any damages. Source: work in insurance defense.
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bjkueo
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Power company said they wanted to come top the trees in yard and then they cut them down to the stump instead without my permission. Essentially as the title states, the power company knocked on my door and asked to come top the trees along my fence line in my back yard. They stated that they'd be taking roughly three feet off of the top. This made sense to me, as there are also power lines that run along the back of my property. I oblige because I know that whatever damage that is done to the line in the future is my responsibility if it involves my trees. Fast-forward to tree topping day. I return home after work and go to look at the job that had been done. The company that they had contracted cut the trees down to stumps. Four of the five 50+ year old Degroot's Spire Arborvitae. Gone. These trees had been here before my Mother purchased the property 31 years ago. I'm not really sure where to go from here, but I've read some other posts on this forum and would like to know if it's even worth pursuing a lawsuit. Thanks for reading. State is Oregon.
em90owl
em901ue
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Were the trees growing within the easement?
I'm not a lawyer but I started reading this sub because of tree law posts. The usual advice here is to hire an arborist (an acknowledged expert on trees and someone who can appraise the cost and feasibility of replacing them) to evaluate the trees for value, get all the photos you have of the trees before their destruction (google street view is extremely useful for this) and consult a lawyer who specializes in tree law (your state bar association might be a useful resource for finding someone like that). Trees can potentially be (but are not always) extremely valuable and some states have stiff penalties for their destruction. No one is going to be able to give you better advice than a lawyer but according to this thing: https://www.oregonlaws.org/ors/105.810 you may be awarded three times the actual cost of the trees in terms of damage.That can add up. It's worth investing in expert advice at this point imo.
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bjkueo
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Power company said they wanted to come top the trees in yard and then they cut them down to the stump instead without my permission. Essentially as the title states, the power company knocked on my door and asked to come top the trees along my fence line in my back yard. They stated that they'd be taking roughly three feet off of the top. This made sense to me, as there are also power lines that run along the back of my property. I oblige because I know that whatever damage that is done to the line in the future is my responsibility if it involves my trees. Fast-forward to tree topping day. I return home after work and go to look at the job that had been done. The company that they had contracted cut the trees down to stumps. Four of the five 50+ year old Degroot's Spire Arborvitae. Gone. These trees had been here before my Mother purchased the property 31 years ago. I'm not really sure where to go from here, but I've read some other posts on this forum and would like to know if it's even worth pursuing a lawsuit. Thanks for reading. State is Oregon.
em901ue
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I'm not a lawyer but I started reading this sub because of tree law posts. The usual advice here is to hire an arborist (an acknowledged expert on trees and someone who can appraise the cost and feasibility of replacing them) to evaluate the trees for value, get all the photos you have of the trees before their destruction (google street view is extremely useful for this) and consult a lawyer who specializes in tree law (your state bar association might be a useful resource for finding someone like that). Trees can potentially be (but are not always) extremely valuable and some states have stiff penalties for their destruction. No one is going to be able to give you better advice than a lawyer but according to this thing: https://www.oregonlaws.org/ors/105.810 you may be awarded three times the actual cost of the trees in terms of damage.That can add up. It's worth investing in expert advice at this point imo.
If the trees were in an easement then you're SOL. Being next to powerlines in general will override any concern for the trees. Safety trumps your trees.
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bjkueo
legaladvice_train
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Power company said they wanted to come top the trees in yard and then they cut them down to the stump instead without my permission. Essentially as the title states, the power company knocked on my door and asked to come top the trees along my fence line in my back yard. They stated that they'd be taking roughly three feet off of the top. This made sense to me, as there are also power lines that run along the back of my property. I oblige because I know that whatever damage that is done to the line in the future is my responsibility if it involves my trees. Fast-forward to tree topping day. I return home after work and go to look at the job that had been done. The company that they had contracted cut the trees down to stumps. Four of the five 50+ year old Degroot's Spire Arborvitae. Gone. These trees had been here before my Mother purchased the property 31 years ago. I'm not really sure where to go from here, but I've read some other posts on this forum and would like to know if it's even worth pursuing a lawsuit. Thanks for reading. State is Oregon.
em9b5tc
em9e76q
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Not a lawyer, not in Oregon. One thing I don't really see mentioned in other comments is that the power company might have had an easement. I'm unfamiliar with these laws, but was under the impression the power company might have the right to decide if the trees needed to be cut down or just trimmed.
If the trees were in an easement then you're SOL. Being next to powerlines in general will override any concern for the trees. Safety trumps your trees.
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bjkueo
legaladvice_train
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Power company said they wanted to come top the trees in yard and then they cut them down to the stump instead without my permission. Essentially as the title states, the power company knocked on my door and asked to come top the trees along my fence line in my back yard. They stated that they'd be taking roughly three feet off of the top. This made sense to me, as there are also power lines that run along the back of my property. I oblige because I know that whatever damage that is done to the line in the future is my responsibility if it involves my trees. Fast-forward to tree topping day. I return home after work and go to look at the job that had been done. The company that they had contracted cut the trees down to stumps. Four of the five 50+ year old Degroot's Spire Arborvitae. Gone. These trees had been here before my Mother purchased the property 31 years ago. I'm not really sure where to go from here, but I've read some other posts on this forum and would like to know if it's even worth pursuing a lawsuit. Thanks for reading. State is Oregon.
em96kw8
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1) Did you get anything in writing? Did you sign anything giving permission to cut the trees and/or mentioning the "three feet off the top" bit? 2) Are you sure the people who knocked on your door were real power company employees? Did you see ID or anything like that? 3) Did they take the cut-down trees away or leave them there?
If the trees were in an easement then you're SOL. Being next to powerlines in general will override any concern for the trees. Safety trumps your trees.
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bjkueo
legaladvice_train
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Power company said they wanted to come top the trees in yard and then they cut them down to the stump instead without my permission. Essentially as the title states, the power company knocked on my door and asked to come top the trees along my fence line in my back yard. They stated that they'd be taking roughly three feet off of the top. This made sense to me, as there are also power lines that run along the back of my property. I oblige because I know that whatever damage that is done to the line in the future is my responsibility if it involves my trees. Fast-forward to tree topping day. I return home after work and go to look at the job that had been done. The company that they had contracted cut the trees down to stumps. Four of the five 50+ year old Degroot's Spire Arborvitae. Gone. These trees had been here before my Mother purchased the property 31 years ago. I'm not really sure where to go from here, but I've read some other posts on this forum and would like to know if it's even worth pursuing a lawsuit. Thanks for reading. State is Oregon.
em9b5tc
em96kw8
1,556,744,096
1,556,741,651
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32
Not a lawyer, not in Oregon. One thing I don't really see mentioned in other comments is that the power company might have had an easement. I'm unfamiliar with these laws, but was under the impression the power company might have the right to decide if the trees needed to be cut down or just trimmed.
1) Did you get anything in writing? Did you sign anything giving permission to cut the trees and/or mentioning the "three feet off the top" bit? 2) Are you sure the people who knocked on your door were real power company employees? Did you see ID or anything like that? 3) Did they take the cut-down trees away or leave them there?
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8wkt4x
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w8olt
e1w9v52
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Yes you can sue them. You're not suing the estate, you're suing the people. That's just ridiculous on their part. Were the tree cutters family or was it a business. You need to call the business owner ASAP as well. That's your property.
Keep calling the police. They are trespassing on your land (as you marked from the PVC gate) and damaging your property. By now, are the trees gone?
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w9v52
e1w8vzz
1,530,891,575
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Keep calling the police. They are trespassing on your land (as you marked from the PVC gate) and damaging your property. By now, are the trees gone?
Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wcufc
e1wamgr
1,530,894,018
1,530,892,196
1,359
938
Quick question: If they've lived there for decades, do they even have a lease or are they month to month? If they're month to month, I'd hurry up and send a notice via certified mail. I don't think you'd have a problem suing them for the lost trees provided you get a good lawyer, but I would be worried about them damaging your property to spite you.
First of all, I'm Not a lawyer. Second of all, I'm so sorry that they're being malicious like this. Third of all, Do NOT leave the trees again until the police come back. Tell the police they are trespassing on your property and do not have your permission to be cutting down your trees. What awful people.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wckeq
e1wcufc
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My heart hurts when I hear about the wanton destruction of sentimental trees, like mature magnolias planted by grandparents or greatgrandparents. :( Document everything up front. Photograph the condition of the trees. Stay outside and film your trees. They are *your* trees. Yes, you absolutely can and should sue them. Head for a lawyer skilled in tree law because many states have special provisions for cutting mature plants. Your survey and the arborist's quote will absolutely hold up.
Quick question: If they've lived there for decades, do they even have a lease or are they month to month? If they're month to month, I'd hurry up and send a notice via certified mail. I don't think you'd have a problem suing them for the lost trees provided you get a good lawyer, but I would be worried about them damaging your property to spite you.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wcufc
e1w8olt
1,530,894,018
1,530,890,619
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Quick question: If they've lived there for decades, do they even have a lease or are they month to month? If they're month to month, I'd hurry up and send a notice via certified mail. I don't think you'd have a problem suing them for the lost trees provided you get a good lawyer, but I would be worried about them damaging your property to spite you.
Yes you can sue them. You're not suing the estate, you're suing the people. That's just ridiculous on their part. Were the tree cutters family or was it a business. You need to call the business owner ASAP as well. That's your property.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wcufc
e1wctyn
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Quick question: If they've lived there for decades, do they even have a lease or are they month to month? If they're month to month, I'd hurry up and send a notice via certified mail. I don't think you'd have a problem suing them for the lost trees provided you get a good lawyer, but I would be worried about them damaging your property to spite you.
Take photos over every person involved (especially those physically holding chainsaws and cutting the trees), every car and licence plate. You need good records on who you will be named in the massive lawsuit (and possibly a restraining order or two might be in order).
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wcufc
e1w8vzz
1,530,894,018
1,530,890,786
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Quick question: If they've lived there for decades, do they even have a lease or are they month to month? If they're month to month, I'd hurry up and send a notice via certified mail. I don't think you'd have a problem suing them for the lost trees provided you get a good lawyer, but I would be worried about them damaging your property to spite you.
Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w8olt
e1wamgr
1,530,890,619
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Yes you can sue them. You're not suing the estate, you're suing the people. That's just ridiculous on their part. Were the tree cutters family or was it a business. You need to call the business owner ASAP as well. That's your property.
First of all, I'm Not a lawyer. Second of all, I'm so sorry that they're being malicious like this. Third of all, Do NOT leave the trees again until the police come back. Tell the police they are trespassing on your property and do not have your permission to be cutting down your trees. What awful people.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w8vzz
e1wamgr
1,530,890,786
1,530,892,196
150
938
Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
First of all, I'm Not a lawyer. Second of all, I'm so sorry that they're being malicious like this. Third of all, Do NOT leave the trees again until the police come back. Tell the police they are trespassing on your property and do not have your permission to be cutting down your trees. What awful people.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w8olt
e1wckeq
1,530,890,619
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724
Yes you can sue them. You're not suing the estate, you're suing the people. That's just ridiculous on their part. Were the tree cutters family or was it a business. You need to call the business owner ASAP as well. That's your property.
My heart hurts when I hear about the wanton destruction of sentimental trees, like mature magnolias planted by grandparents or greatgrandparents. :( Document everything up front. Photograph the condition of the trees. Stay outside and film your trees. They are *your* trees. Yes, you absolutely can and should sue them. Head for a lawyer skilled in tree law because many states have special provisions for cutting mature plants. Your survey and the arborist's quote will absolutely hold up.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wckeq
e1w8vzz
1,530,893,789
1,530,890,786
724
150
My heart hurts when I hear about the wanton destruction of sentimental trees, like mature magnolias planted by grandparents or greatgrandparents. :( Document everything up front. Photograph the condition of the trees. Stay outside and film your trees. They are *your* trees. Yes, you absolutely can and should sue them. Head for a lawyer skilled in tree law because many states have special provisions for cutting mature plants. Your survey and the arborist's quote will absolutely hold up.
Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
1
3,003
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8wkt4x
legaladvice_train
0.99
FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wctyn
e1w8vzz
1,530,894,008
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302
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Take photos over every person involved (especially those physically holding chainsaws and cutting the trees), every car and licence plate. You need good records on who you will be named in the massive lawsuit (and possibly a restraining order or two might be in order).
Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
1
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8wkt4x
legaladvice_train
0.99
FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1wh0kg
e1w8vzz
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223
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Mature trees can be valued at thousands of dollars a piece. Call a certified ISA arborist ASAP to estimate the replacement cost of each tree. http://www.grounds-mag.com/mag/grounds_maintenance_determine_value_tree/
Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
1
6,623
1.486667
8wkt4x
legaladvice_train
0.99
FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w8vzz
e1wy8kh
1,530,890,786
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Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
Hopefully this doesn't get lost in the orgy that is /r/legaladvice tree law. /u/mistressofmagnolias, you mentioned that there were several relatives involved in the chainsawing. If at all possible have the police get all of their information, and take pictures of their faces for later identification. (Discreetly if you're worried about violence) They will be jointly liable for the damage to your property, which means you can recover damages from any and all of them, not just the tenants currently in your rentals. This makes it much more likely that you will be able to recover the entire amount of the damage caused.
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FL]Neighbors/tenants cutting down my magnolia trees w/o consent [MS Paint Diagram (since y'all seem to like those) I inherited this house & surrounding property from my great grandparents when they passed away. This includes two rental properties, which my great-grandfather had been renting out for years to two families. Relations between the three families had always been cordial, even when my great grandparents passed a few years ago and I became the new "landlord", though the "dads" of both families are only a little younger than my grandfather, and I get the impression from our interactions they chafe a little bit that their new landlord is a woman in her late 20s, but I figured everything is fine because I've never raised the rent beyond what my great-grandfather set it at, and I always have professionals over to deal with any issues on the homes within 24 hours of receiving a call from them. About three years ago, a local kid was messing around in my magnolia trees, and broke his leg. My homeowner's insurance paid the settlement to the kid's family, but just to be on the safe side I had a surveyor come out and mark the property line for my "lot" (they also used the word "plat", but I'll be honest, this isn't my area of expertise) vs the lots of the two rental houses, and then had a contractor come out and put a white PVC fence at the property line, just to ward off a repeat incident. Like some kind of fairy-tale, the kids of the families that rent from me fell in love and have decided to get married. They wanted to have a "block party" and the bride's father asked if I'd be okay with them decorating on my property as well, since it's part of the block. I admit, I took "decorating" to mean things like hanging lights or other traditional wedding decorations, so I gave my consent. This morning I woke up to the sound of chainsaws, and went outside to discover the parents of the bride & groom were cutting down my magnolia trees (each tree is about 80 years old - this house was purchased as a wedding present for my great grandmother, and they planted magnolias there when they got married. If my great grandmother had lived she'd be turning 100 next year) because they didn't match the bride's "aesthetic vision". I told them to stop immediately, I didn't give them permission for that, and I was going to call the police. They stopped, but when I went inside to grab my cell they started up again. When I confronted them, I was basically told that since they're my tenants, I'd just be suing myself, so I could "suck it up, buttercup". I admit, I was more than a little intimidated by a group of men with chainsaws. I went back in my house while they continued cutting and called the police, who came out and told them to stop, and gave them tickets, but they started up again once the police were gone. I called the police again, and they haven't come back out yet. I've also already called an arborist friend of mine (I'm a florist), to come out and do an assessment immediately. I called my insurance company as well, and they're going to have someone call me back. But while I'm waiting, I thought I would ask here: Can I sue them? Or am I, as their landlord, liable for their actions against me? Needless to say, no one is getting their lease renewed, even though they've lived here for decades. Sorry if this is rambly, The trees hold a lot of sentimental value to my family and I, so this is very emotionally draining.
e1w8vzz
e1x4z3x
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Oooh, Tree Law. One of this sub's favorite topics. Did you know that mature trees are typically worth hundreds of dollars? And more uncommon trees can be worth 5 digits each? And any destruction of those trees caused maliciously (as opposed to accidental) can result in treble damages? So, first thing I would do is contact a licensed arborist to see just how valuable those trees were. Then you sue both families for their value, at a minimum.
When you evict them, make sure you inform them they will not be allowed to have the wedding on your property for liability reasons. INAL but I am a wedding photographer - and people can get fucking nuts when you start passing around stories at weddings and word gets around of what went down. You would be incredibly outnumbered. Is it possible to evict with a 3 day notice? They clearly don’t care about your property or yourself and have no problems standing up to the police. Get them out ASAP and make sure that wedding is not held on your property.
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Police keep coming to my house looking for someone who doesn’t live here. This has been going on for six years. The person they’re looking for is the previous owner of the home; I’ve owned the home for six years. I have told the officers on multiple occasions that he no longer lives here. The police usually come here between 2-4am looking for him. They bang on the door, ring the doorbell, and walk around my house shining flashlights in all my windows. This happens 2-3 times a year. The police have never showed up here with a warrant for his arrest, if that makes a difference. How can I get it on official record that this person no longer lives here? How can I stop the police from coming to my house looking for someone who hasn’t lived here for 6 years? I live in Texas.
ic1ibt0
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I bought a house that had been bank owned then flipped. Guy was a deadbeat. We have had more tax collections mail than I’ve ever seen. We had the sheriff come twice to serve a warrant. It’s public record that he hasn’t been at the house for 10 yrs. All I can say, is that it takes time for stuff like this to stop. We think he was still using the address
>This happens 2-3 times a year. The police have never showed up here with a warrant for his arrest, if that makes a difference How do you know that? What do you think they will do if they find him there? It's possible there is a warrant for his arrest but they're not kicking down the door because they don't have a strong enough reason to believe he still lives there. Do you know the person of interest or have any relationship with him? What happens after they bang on the door and right the doorbell and shine lights in the house?
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Police keep coming to my house looking for someone who doesn’t live here. This has been going on for six years. The person they’re looking for is the previous owner of the home; I’ve owned the home for six years. I have told the officers on multiple occasions that he no longer lives here. The police usually come here between 2-4am looking for him. They bang on the door, ring the doorbell, and walk around my house shining flashlights in all my windows. This happens 2-3 times a year. The police have never showed up here with a warrant for his arrest, if that makes a difference. How can I get it on official record that this person no longer lives here? How can I stop the police from coming to my house looking for someone who hasn’t lived here for 6 years? I live in Texas.
ic2zpwy
ic1e4yn
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Wouldn't they have a case for harassment? After 6 years of telling them he is no longer living here, there is no way the police are acting on good faith that the person is in the property.
>This happens 2-3 times a year. The police have never showed up here with a warrant for his arrest, if that makes a difference How do you know that? What do you think they will do if they find him there? It's possible there is a warrant for his arrest but they're not kicking down the door because they don't have a strong enough reason to believe he still lives there. Do you know the person of interest or have any relationship with him? What happens after they bang on the door and right the doorbell and shine lights in the house?
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2c23p
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So they sent all the letters to your old address but managed to arrive at your correct address. That's a pretty big red flag to me that something funky is going on.
Not a lawyer. Sounds like bureaucratic processes have once again messed up. Here's my understanding of what happened: \- You paid for a lifetime license for your dog. You have proof of this. \- Your cat passed away (I'm sorry). You did not renew your license for the deceased cat. The city didn't know it was dead, so it billed you at your old address. When you didn't pay (because you didn't receive the bill, and because your cat died), they invalidated your ACCOUNT, so now your dog's license is invalid. \- Fast forward 3 years and man comes knocking. \- You have verified that this is not a scam and is a misunderstanding along with failed processes that has resulted in an awful situation. I would recommend going into the city/animal control on Monday, bringing all your proof and paperwork with you, and talking to someone in person. Tell them what happened. Be as kind and patient as possible; it's OK if your anxiety shows through, but know that it isn't that particular employee's fault. Gently point out that you updated your address with them, but the billing system somehow didn't get updated. Talk to a manager or supervisor if needed. Yes, you would be relying on human kindness to resolve the situation. If the situation cannot be remedied, work out a payment plan or talk with a lawyer. In the meantime, find a safe place to keep your pet for a few days. I doubt they'll come knocking this weekend.
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2bpho
eg2uqjx
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Based on this site, it looks like everything that guy said is true: http://www.minneapolismn.gov/animals/licenses/pet-licenses > See Minneapolis City Ordinance 63.70 (select subdivisions featured below) for specific language regarding these requirements. Failure to license an animal after warning/citation, failure to keep an animal's rabies vaccine current, and failure to pay outstanding fines **can result in seizure of the animal(s) until compliance is obtained.** At the bottom of the linked page it lists some special circumstances where you can apply for low-cost license fees. Maybe you would qualify for one of those?
Not a lawyer. Sounds like bureaucratic processes have once again messed up. Here's my understanding of what happened: \- You paid for a lifetime license for your dog. You have proof of this. \- Your cat passed away (I'm sorry). You did not renew your license for the deceased cat. The city didn't know it was dead, so it billed you at your old address. When you didn't pay (because you didn't receive the bill, and because your cat died), they invalidated your ACCOUNT, so now your dog's license is invalid. \- Fast forward 3 years and man comes knocking. \- You have verified that this is not a scam and is a misunderstanding along with failed processes that has resulted in an awful situation. I would recommend going into the city/animal control on Monday, bringing all your proof and paperwork with you, and talking to someone in person. Tell them what happened. Be as kind and patient as possible; it's OK if your anxiety shows through, but know that it isn't that particular employee's fault. Gently point out that you updated your address with them, but the billing system somehow didn't get updated. Talk to a manager or supervisor if needed. Yes, you would be relying on human kindness to resolve the situation. If the situation cannot be remedied, work out a payment plan or talk with a lawyer. In the meantime, find a safe place to keep your pet for a few days. I doubt they'll come knocking this weekend.
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2eeqa
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Fellow Minneapolis resident here, but Not a lawyer. A couple options: 1. See if you can retrieve records of your dog’s registration through the city’s online registration system. You’ll need the original license number (found on the dog tag MPLS mailed you), a micro-chip number, or a reference number on a renewal notification, along with your last name: https://licensepet.com/wl3/reg/mnplwl 2. You mention not being able to afford the $240 license — can you manage a 1-year license payment until the records are sorted out? It’s $25 for a neutered dog, and $75 for an intact dog. http://www.minneapolismn.gov/animals/licenses/pet-licenses 3. Also, give 311 a call and see if they can help direct you to another resource for license records. If you filed with an email address when you registered your dog the first time, perhaps you can recover the original license email?
Not a lawyer. Sounds like bureaucratic processes have once again messed up. Here's my understanding of what happened: \- You paid for a lifetime license for your dog. You have proof of this. \- Your cat passed away (I'm sorry). You did not renew your license for the deceased cat. The city didn't know it was dead, so it billed you at your old address. When you didn't pay (because you didn't receive the bill, and because your cat died), they invalidated your ACCOUNT, so now your dog's license is invalid. \- Fast forward 3 years and man comes knocking. \- You have verified that this is not a scam and is a misunderstanding along with failed processes that has resulted in an awful situation. I would recommend going into the city/animal control on Monday, bringing all your proof and paperwork with you, and talking to someone in person. Tell them what happened. Be as kind and patient as possible; it's OK if your anxiety shows through, but know that it isn't that particular employee's fault. Gently point out that you updated your address with them, but the billing system somehow didn't get updated. Talk to a manager or supervisor if needed. Yes, you would be relying on human kindness to resolve the situation. If the situation cannot be remedied, work out a payment plan or talk with a lawyer. In the meantime, find a safe place to keep your pet for a few days. I doubt they'll come knocking this weekend.
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2uqjx
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Not a lawyer. Sounds like bureaucratic processes have once again messed up. Here's my understanding of what happened: \- You paid for a lifetime license for your dog. You have proof of this. \- Your cat passed away (I'm sorry). You did not renew your license for the deceased cat. The city didn't know it was dead, so it billed you at your old address. When you didn't pay (because you didn't receive the bill, and because your cat died), they invalidated your ACCOUNT, so now your dog's license is invalid. \- Fast forward 3 years and man comes knocking. \- You have verified that this is not a scam and is a misunderstanding along with failed processes that has resulted in an awful situation. I would recommend going into the city/animal control on Monday, bringing all your proof and paperwork with you, and talking to someone in person. Tell them what happened. Be as kind and patient as possible; it's OK if your anxiety shows through, but know that it isn't that particular employee's fault. Gently point out that you updated your address with them, but the billing system somehow didn't get updated. Talk to a manager or supervisor if needed. Yes, you would be relying on human kindness to resolve the situation. If the situation cannot be remedied, work out a payment plan or talk with a lawyer. In the meantime, find a safe place to keep your pet for a few days. I doubt they'll come knocking this weekend.
IMO this sounds kind of like a scam - if they have your current address to find you and take your dog, why were they sending notices to your old address?
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2oo2g
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Is there a chance you paid your old fees via check or credit card or something else that would leave a paper trail? If so, you might see if you can dredge up some old bank records or credit card statements that show a payment was made, even if you don't have the receipt. If your online banking systems don't go that far back, call up the bank or credit card company and see if they can help you locate anything. If you paid cash, you might be SOL, though. And for the record, I'm horrified that this is a real policy. "Pay up or we take your pet"? What the actual F. If they do end up seizing your dog, will you owe them "boarding" (involuntary boarding) fees on top of the old fees they say weren't paid? Because that's another kick you probably don't need or want right now.
Not a lawyer. Sounds like bureaucratic processes have once again messed up. Here's my understanding of what happened: \- You paid for a lifetime license for your dog. You have proof of this. \- Your cat passed away (I'm sorry). You did not renew your license for the deceased cat. The city didn't know it was dead, so it billed you at your old address. When you didn't pay (because you didn't receive the bill, and because your cat died), they invalidated your ACCOUNT, so now your dog's license is invalid. \- Fast forward 3 years and man comes knocking. \- You have verified that this is not a scam and is a misunderstanding along with failed processes that has resulted in an awful situation. I would recommend going into the city/animal control on Monday, bringing all your proof and paperwork with you, and talking to someone in person. Tell them what happened. Be as kind and patient as possible; it's OK if your anxiety shows through, but know that it isn't that particular employee's fault. Gently point out that you updated your address with them, but the billing system somehow didn't get updated. Talk to a manager or supervisor if needed. Yes, you would be relying on human kindness to resolve the situation. If the situation cannot be remedied, work out a payment plan or talk with a lawyer. In the meantime, find a safe place to keep your pet for a few days. I doubt they'll come knocking this weekend.
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2bpho
eg2c23p
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Based on this site, it looks like everything that guy said is true: http://www.minneapolismn.gov/animals/licenses/pet-licenses > See Minneapolis City Ordinance 63.70 (select subdivisions featured below) for specific language regarding these requirements. Failure to license an animal after warning/citation, failure to keep an animal's rabies vaccine current, and failure to pay outstanding fines **can result in seizure of the animal(s) until compliance is obtained.** At the bottom of the linked page it lists some special circumstances where you can apply for low-cost license fees. Maybe you would qualify for one of those?
So they sent all the letters to your old address but managed to arrive at your correct address. That's a pretty big red flag to me that something funky is going on.
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2c23p
eg2bubj
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So they sent all the letters to your old address but managed to arrive at your correct address. That's a pretty big red flag to me that something funky is going on.
IMO this sounds kind of like a scam - if they have your current address to find you and take your dog, why were they sending notices to your old address?
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2bubj
eg2eeqa
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IMO this sounds kind of like a scam - if they have your current address to find you and take your dog, why were they sending notices to your old address?
Fellow Minneapolis resident here, but Not a lawyer. A couple options: 1. See if you can retrieve records of your dog’s registration through the city’s online registration system. You’ll need the original license number (found on the dog tag MPLS mailed you), a micro-chip number, or a reference number on a renewal notification, along with your last name: https://licensepet.com/wl3/reg/mnplwl 2. You mention not being able to afford the $240 license — can you manage a 1-year license payment until the records are sorted out? It’s $25 for a neutered dog, and $75 for an intact dog. http://www.minneapolismn.gov/animals/licenses/pet-licenses 3. Also, give 311 a call and see if they can help direct you to another resource for license records. If you filed with an email address when you registered your dog the first time, perhaps you can recover the original license email?
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An animal control officer came to my apartment today to try and "collect" my dog for unpaid license fees, but I have a lifetime license for him. Denied his entry, and he said they would return if it's not paid, with a warrant as well as a sheriff. I need help! Minneapolis, MN. Hi everyone. This literally just happened a few little while ago and I've been kind of freaking out because I cannot lose my dog. He's my lifeline and with my life being so crazy in 2019 I'd probably have a mental breakdown if they took him away. This guy knocks on my door so I answer and he identifies himself and shows his ID. He basically says he is there to collect my dog, Theo, until my fees are paid. At first I'm just kind of confused, but then I explain very calmly I have no idea what he's talking about. I think it must be someone else he's talking about, but he confirms my name, address, and my dog's name as well so now I'm even more confused. Now I've also never received anything from them saying I owe anything until literally today. He calls his supervisor or whatever and apparently they had been sending the mail to my old address even though I moved 3 years ago. I had already updated all my information with them when I registered my current pup. Apparently I owed a fee on my old cat that was unpaid( I believe it was paid) which made my license for my dog invalidated. I could try and dispute it, but they still have to process it like normal until that happens which could be weeks. So now this guy still says that it doesn't matter and they have to take my dog or I have to pay today. He says that if it gets overturned later I can get a refund, but I would have to pay now otherwise they'll continue to try and collect my dog or return with a sheriff and warrant to come in to get him. Right now this is impossible due to my financial situation. It's literally the worse timing ever and this year is just a horrible cluster of crap so far. I've already lost my job in January, and my father had a heart attack as well. I've quickly burned through all the savings I had with bills/flights/car problems, and my new job just started on Tuesday. I won't get paid for several weeks so I have no idea how to get this taken care of. Basically I owe $320 that needs to be paid immediately and then disputed otherwise they will come take my dog. What can I do? Is there an expedited way to dispute this or prove I paid before? Thank you in advance!
eg2xoja
eg2oo2g
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Something I have not seen mentioned, is you contacting your local representative for council / state government etc. I have found through personal experience, and through that of my family, that your local representatives can be an extremely helpful resource for dealing with complex bureaucracies and regulations. I would recommend writing them a letter AND an email detailing your circumstances and asking for help. Trying calling to confirm a day or two after you send them to see if they have received the email. Your situation is a no brainer for them to score some community goodwill.
Is there a chance you paid your old fees via check or credit card or something else that would leave a paper trail? If so, you might see if you can dredge up some old bank records or credit card statements that show a payment was made, even if you don't have the receipt. If your online banking systems don't go that far back, call up the bank or credit card company and see if they can help you locate anything. If you paid cash, you might be SOL, though. And for the record, I'm horrified that this is a real policy. "Pay up or we take your pet"? What the actual F. If they do end up seizing your dog, will you owe them "boarding" (involuntary boarding) fees on top of the old fees they say weren't paid? Because that's another kick you probably don't need or want right now.
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Someone came to my relative's house asking for me. The other day a man showed up to my Great Grandmother's house looking for me. She told him that she had heard of me and asked what it was about. All he would say is that he was trying to serve court papers and he needed to find me. The showed up in an unmarked car, which is unusual because normally they go in a constable car for that kinda thing where I live. My current address should be on file, so I don't understand why they would go to her. Also, I don't have a record nor have I done anything to require court action that I can think of. How can I find out more, and what actions should I take going forward?
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If you're getting served, I'm guessing someone is trying to sue you? You'll know what it's about once you get served. Tell your grandma to pass onto the server your current contact information.
Could also be someone looking for you for other reasons. If they had no ID to prove who they were or that they really were working for the court you cannot be sure.
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Someone came to my relative's house asking for me. The other day a man showed up to my Great Grandmother's house looking for me. She told him that she had heard of me and asked what it was about. All he would say is that he was trying to serve court papers and he needed to find me. The showed up in an unmarked car, which is unusual because normally they go in a constable car for that kinda thing where I live. My current address should be on file, so I don't understand why they would go to her. Also, I don't have a record nor have I done anything to require court action that I can think of. How can I find out more, and what actions should I take going forward?
fo87r5q
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Don't give this "server person" any information! You have everything current so if it was legit I'm sure they could find you. This is probably nothing but a scam of some sort! Never give info/let anyone in unless they have a verifiable ID!
If you're getting served, I'm guessing someone is trying to sue you? You'll know what it's about once you get served. Tell your grandma to pass onto the server your current contact information.
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Landlord claims a homeless person broke-in after we vacated and is suing us for 10k of damage, has photos of a different house as evidence! There is a lot to unpack here but I’ll try to keep it short. Our landlord never returned our security deposit, any of it, and never provided an itemized list of deductions, which in Los Angeles, he is required to do so within 21 days after we move-out. Civil code 1950.5. 2 years goes by and I’m taking him to Small Claims court. Only after we file a case against him we learn this story about how a homeless person broke in after we left and caused $10k of damages, which he is counter-suing us for. We got a packet of his evidence including a list of damages and what they cost to repair, but no receipts, invoices, material/labor costs, anything. Just numbers. Also in his evidence packet are a series of grainy black and white photos showing a damaged apartment, but it’s a different house! Our oven is in a different place, so is the sink, the bathrooms are different and there’s a bunch of junk in the sidewalk that never belonged to us. We believe the junk belonged to the people living the back house, there are two separated houses on the same lot and he is showing photos of the back house. We have photos of our house from the day we moved out showing no damage. Despite these clearly being photos of the wrong house, he’s still claiming a homeless person broke into our house and caused damage, but there are no photos of any damage to our unit. The units are very similar though and the photos are poor quality and taken up close so it’s hard to prove every photo is from the back house. Even if this story of the homeless person were true, can any of the blame be placed on us? He’s claiming we didn’t properly lock up and didn’t give the keys back. We left the keys inside and locked all the doors and windows. We did this because we got no instructions of what to do with the keys and we don’t know where he lives, he only ever gave us a P.O. Box where we sent rent checks to. We also asked for a pre-move inspection where we could have went over these details, which he denied. I even emailed him saying we moved out and he replied that same day ‘ok great’ , again never mentioning anything about what to do with the keys. I’m afraid we’re going to spend all of our time in court debating the photos and damage but really shouldn’t it be his responsibility to secure the house after we told him we moved out? Thanks for any help on this
ipod23l
ipoc4y1
1,663,989,706
1,663,989,169
127
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> shouldn’t it be his responsibility to secure the house after we told him we moved out? Yes. I could see it being your responsibility up to a point, but he should have caught this sooner. And if he is claiming the homeless person “broke” in then it’s anyone’s guess as to how he thinks you could have prevented that, anyway. You should Google your old address and see if there are photos of the interior of the property on any rental sites, or try going through your own photos to see if you can show that the unit wasn’t the same as in the pictures.
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xmhggs
legaladvice_train
0.97
Landlord claims a homeless person broke-in after we vacated and is suing us for 10k of damage, has photos of a different house as evidence! There is a lot to unpack here but I’ll try to keep it short. Our landlord never returned our security deposit, any of it, and never provided an itemized list of deductions, which in Los Angeles, he is required to do so within 21 days after we move-out. Civil code 1950.5. 2 years goes by and I’m taking him to Small Claims court. Only after we file a case against him we learn this story about how a homeless person broke in after we left and caused $10k of damages, which he is counter-suing us for. We got a packet of his evidence including a list of damages and what they cost to repair, but no receipts, invoices, material/labor costs, anything. Just numbers. Also in his evidence packet are a series of grainy black and white photos showing a damaged apartment, but it’s a different house! Our oven is in a different place, so is the sink, the bathrooms are different and there’s a bunch of junk in the sidewalk that never belonged to us. We believe the junk belonged to the people living the back house, there are two separated houses on the same lot and he is showing photos of the back house. We have photos of our house from the day we moved out showing no damage. Despite these clearly being photos of the wrong house, he’s still claiming a homeless person broke into our house and caused damage, but there are no photos of any damage to our unit. The units are very similar though and the photos are poor quality and taken up close so it’s hard to prove every photo is from the back house. Even if this story of the homeless person were true, can any of the blame be placed on us? He’s claiming we didn’t properly lock up and didn’t give the keys back. We left the keys inside and locked all the doors and windows. We did this because we got no instructions of what to do with the keys and we don’t know where he lives, he only ever gave us a P.O. Box where we sent rent checks to. We also asked for a pre-move inspection where we could have went over these details, which he denied. I even emailed him saying we moved out and he replied that same day ‘ok great’ , again never mentioning anything about what to do with the keys. I’m afraid we’re going to spend all of our time in court debating the photos and damage but really shouldn’t it be his responsibility to secure the house after we told him we moved out? Thanks for any help on this
ippts3g
ipozpoo
1,664,027,708
1,664,005,937
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Attorney, not yours, not advice, not admitted in CA. When did your lease terminate and when did you move out? Were they the same day? Once possession reverts it's no longer your responsibility, but it doesn't sound like he accepted a surrender of the premises, so from that standpoint you could be liable through the end of the lease period. It sounds like the landlord can give you a good faith estimate within 21 days, but is required to provide receipts within 14 days of the work being performed. > https://www.courts.ca.gov/selfhelp-eviction-security-deposits.htm?rdeLocaleAttr=en Be sure you bring all your evidence, the biggest mistake people make is not having everything with them. Bring every email, every photograph, every text message you ever had with your landlord. You never know what your landlord will say, so be prepared.
Not a lawyer. Did you take photos of the property before you left to at least prove that that wasn't the place you rented if not the condition you left it? He can claim all that he wants, but that doesn't mean he is goings to get anything. You are only legally obligated by what you've agreed to. If he did not provide any instructions in your lease or at least in writing during your move out with your written agreement, he has no basis for a claim. It sounds like it's a scam especially since it's photos of a property that you didn't rent. If you have photos of the place, you can easily discredit the claim. Also by not doing a walk through, after you "handed" the keys over means he has accepted the property as is even if it was unsecured as he did not provide any instructions or criteria of how the property needed to be left. Regardless, if you can argue that the property in the photos wasn't the one you rented, it should get his claim thrown out together. You don't necessarily need to prove all of the photos are fake. You just need to prove that he has a pattern of disingenuous behavior. Especially if he's providing bad photos. Who has grainy black and white photos in this day and age?
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xmhggs
legaladvice_train
0.97
Landlord claims a homeless person broke-in after we vacated and is suing us for 10k of damage, has photos of a different house as evidence! There is a lot to unpack here but I’ll try to keep it short. Our landlord never returned our security deposit, any of it, and never provided an itemized list of deductions, which in Los Angeles, he is required to do so within 21 days after we move-out. Civil code 1950.5. 2 years goes by and I’m taking him to Small Claims court. Only after we file a case against him we learn this story about how a homeless person broke in after we left and caused $10k of damages, which he is counter-suing us for. We got a packet of his evidence including a list of damages and what they cost to repair, but no receipts, invoices, material/labor costs, anything. Just numbers. Also in his evidence packet are a series of grainy black and white photos showing a damaged apartment, but it’s a different house! Our oven is in a different place, so is the sink, the bathrooms are different and there’s a bunch of junk in the sidewalk that never belonged to us. We believe the junk belonged to the people living the back house, there are two separated houses on the same lot and he is showing photos of the back house. We have photos of our house from the day we moved out showing no damage. Despite these clearly being photos of the wrong house, he’s still claiming a homeless person broke into our house and caused damage, but there are no photos of any damage to our unit. The units are very similar though and the photos are poor quality and taken up close so it’s hard to prove every photo is from the back house. Even if this story of the homeless person were true, can any of the blame be placed on us? He’s claiming we didn’t properly lock up and didn’t give the keys back. We left the keys inside and locked all the doors and windows. We did this because we got no instructions of what to do with the keys and we don’t know where he lives, he only ever gave us a P.O. Box where we sent rent checks to. We also asked for a pre-move inspection where we could have went over these details, which he denied. I even emailed him saying we moved out and he replied that same day ‘ok great’ , again never mentioning anything about what to do with the keys. I’m afraid we’re going to spend all of our time in court debating the photos and damage but really shouldn’t it be his responsibility to secure the house after we told him we moved out? Thanks for any help on this
ippjysj
ippts3g
1,664,022,230
1,664,027,708
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Do you have photos of the apartment yourself? I'm not a US citizen, but surely his statements made into court are made recognising that he is making them under penalty of perjury. If he is openly lying then perhaps you can crush him by making a complaint to the court concerned. When you moved in, did you have an inventory check? Did it have photos? Such evidence would be the best way of contradicting his evidence.
Attorney, not yours, not advice, not admitted in CA. When did your lease terminate and when did you move out? Were they the same day? Once possession reverts it's no longer your responsibility, but it doesn't sound like he accepted a surrender of the premises, so from that standpoint you could be liable through the end of the lease period. It sounds like the landlord can give you a good faith estimate within 21 days, but is required to provide receipts within 14 days of the work being performed. > https://www.courts.ca.gov/selfhelp-eviction-security-deposits.htm?rdeLocaleAttr=en Be sure you bring all your evidence, the biggest mistake people make is not having everything with them. Bring every email, every photograph, every text message you ever had with your landlord. You never know what your landlord will say, so be prepared.
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