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3rrocn
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UPDATE:(Tx) The secretary at my kids school keeps calling CPS on us claiming that we're starving them/not letting them wear sunscreen. https://www.reddit.com/r/legaladvice/comments/3rp23d/tx_the_secretary_at_my_kids_school_keeps_calling/ The investigator just left. She was beyond rude to me. She questioned why our son(6 months old) was born by c-section. And started asking invasive questions about my weight and if I'm anorexic and trying to force the kids to lose weight and asking why their biological mother isn't raising them. (Their biological mom didn't want to be a mother anymore so she divorced my husband and moved a few hours away, she sees them one weekend a month)
cwqz2u3
cwqws0i
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It seems like the secretary has formed a grudge against you. Did you ever have any encounters before where you were rude to her or where she could have perceived you as rude (not that this justifies in anyway her behavior)? Also is the secretary connected in any shape or form to the bio mom or her family? You mention that the bio mom is not interested in raising her kids, but does her family support her decision? It might be family members bringing a campaign against you. Another posted had problems with a neighbor filling false claims with cps and she was allowed to sue/file a restraining order against them after cps investigated 3 separate times and found no probable cause (she was not in Texas though), that might be something you could look into.
Is switching schools an option?
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17-year old ran a stop sign and hit my car. Now her insurance company is trying to say I’m partially responsible and that they won’t pay for the full value of my car. A 17-year old girl ran a stop sign at 5:50am and hit my car as I was going through a residential intersection. She had a stop sign, I did not. It totaled my car and only put dents in hers. I’m pretty sure she didn’t even have her headlights on. Police were called and she was ticketed for running the stop sign. Now her insurance company is saying that their preliminary investigation is showing that I’m partially responsible because my state (Nebraska) is a “partial fault” state and that I should have “seen her going through the stop sign” So their saying that their only going to give me partial payment for the value of my car. Should I be getting a lawyer involved? Or my own insurance agent? I have State Farm and the girl has American Family.
fmutocw
fmubevj
1,586,398,644
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They are going to do anything they can to reduce your payout. They are experts at it. If you think you're going to fight this yourself against an experienced professional adjuster then I would ask if you would be as willing to step into a MMA ring with a experienced professional fighter? Get your own insurance involved, let them go to bat for you. They are also experts. At least then its a fair fight.
Of course you should use your insurance company. If you didn’t have a stop sign at all and the other person got a ticket for running a stop sign which caused the accident, they are at fault. Your insurance company will fight for you.
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17-year old ran a stop sign and hit my car. Now her insurance company is trying to say I’m partially responsible and that they won’t pay for the full value of my car. A 17-year old girl ran a stop sign at 5:50am and hit my car as I was going through a residential intersection. She had a stop sign, I did not. It totaled my car and only put dents in hers. I’m pretty sure she didn’t even have her headlights on. Police were called and she was ticketed for running the stop sign. Now her insurance company is saying that their preliminary investigation is showing that I’m partially responsible because my state (Nebraska) is a “partial fault” state and that I should have “seen her going through the stop sign” So their saying that their only going to give me partial payment for the value of my car. Should I be getting a lawyer involved? Or my own insurance agent? I have State Farm and the girl has American Family.
fmutocw
fmury9g
1,586,398,644
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They are going to do anything they can to reduce your payout. They are experts at it. If you think you're going to fight this yourself against an experienced professional adjuster then I would ask if you would be as willing to step into a MMA ring with a experienced professional fighter? Get your own insurance involved, let them go to bat for you. They are also experts. At least then its a fair fight.
Call your insurance company. Now. That's why you have insurance. To protect you in these circumstances. The other driver's insurance company is trying to get out of making you whole. They don't represent you. They represent the other driver. Get State Farm involved.
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Billing Issues Doctor's Office IL, USA I have a child that is receiving services for a disability (speech). I'm on Medicaid, received pre-authorization for services, and the office completely dropped the ball on billing. They haven't been using the correct billing codes. Their office coordinator called me and wanted me to resolve all of this, but when I called the company that works through Medicaid I learned that as the parent/patient, I am NOT supposed to have to essentially do that coordinator's job, due to it being unethical and pretty much impossible. I've done my part re: pre-authorization, the rest is up to them. We have had weeks of services at this point that have not been billed correctly, and I had no clue at all until recently. The office coordinator told me that she had called in multiple times, and had sent in a claim, and I learned that that was a lie- there have been no calls, no nothing to Medicaid. In the meantime, I contact the director, and let the director know what's going on because at this point, I don't trust the coordinator. I don't care if she's inept or dishonest, I just don't trust her. The director proceeds to make excuses for her coordinator, that she's new and made a mistake, then says this is why doesn't normally take Medicaid cases, and that typically parents are far more helpful than I have been and that they get the information the office needs. This is all over email. I'm not really sure how the hell that's supposed to happen, when I specifically asked for which codes were needed and was informed that 1) its unethical to get a parent to ask that, and 2) the parent is not going to get an answer anyway. I let them know that until this is figured out, I'm not going to send my kid for services. The office is repeatedly telling me that I will have to pay for what Medicaid doesn't cover, but Medicaid is saying that its the responsibility of the office to bill correctly. The Doctor's Office is refusing to leave messages (they claimed in a text that they weren't sure it was my phone, when they've left messages before...also why are they texting me to say they aren't sure that its my phone? That is 100% a lie.) and at this point I'm half expecting them to terminate all services abruptly and say they no longer take Medicaid patients, which means I have to find a new doctor for speech. They only want to speak over the phone now- no emails, no messages. Nothing in writing. I sense a problem. How do I protect myself from them coming after me for the billing? Also if they do just drop me over this, is it considered patient abandonment (not sure since my kid won't die if they don't have speech therapy, but this is extremely detrimental to them).
gap78rv
gaphtwq
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Any chance you can do a three way call with the coordinator, yourself, and the company that works with medicaid?
Insurance billing coordinator here. Our office isn’t allowed to bill Medicaid patients for anything except co-pays which in our state only applies to adults. that coordinator sucks. When I misenter billing codes there is nothing the patient can do - I have to call our Medicaid and figure it out. I found this page -https://iphca.org/medicaid/ Scroll to the bottom for technical assistance. If I were advising one of our clients, I’d start calling that number. I’m not in Illinois but I’m pretty sure billing works similar in most places.
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My mom is being threatened by her doctor's office to be charged $100 per missed appointment (total of $1000) because they are having problems billing her insurance. She is on medicaid, and has no copay. New York State My mom is disabled and on SSI, so she is enrolled in medicaid. Her doctor has been sending letters threatening to charge her $100 per appointment that were not covered by insurance. At first he told her she needs to fill out a form they sent her, but we called her insurance co. together and they had no idea what she was talking about. They told us the doctor was not billing the proper codes, or to the proper place. We passed this info along to her doctor's office and expected that to be the end of it. Today, a month after the first letter, she received another threatening letter in the mail, with a nasty handwritten note on the bottom: "We can provide evidence that your insurance was billed several times." They told her she has 45 days to work it out with her insurance company or they will be sending her to collections. I was livid when I read the letter, because she doesn't have any copays and is well below the poverty level. $1000 to her is a month's worth of income. I got on the phone with her insurance company to figure out what was going on. They told me that firstly, this is not our responsiblity to solve, it's the doctor's. Secondly, the doctor has not been pre-authorizing her appointments before she attends them, and because of this, the appointments were not getting covered since he is apparently out of network (how his office did not know this I have NO idea). Thirdly, even if he was in-network, he's billing the wrong codes, which would have been denied anyway. The insurance company told me they will not be paying out the claims since this mess is due to the doctor's negligence, and they said if the doctor attempts to charge her, it would be illegal since she doesn't even have a copay. They told us that this doctor should be sorting this out himself, since we don't even understand the intricacies of the health insurance billing system (and I agree). Should I be worried about my mother's account being sent to collections? Is there anything else I can do at this point to help her, or get the doctor off her back. Thank you.
drihnig
drigrxl
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Tell the physician's office (better yet, contact the actual physician) and inform them that you will be opening up a formal complaint with ny Medicaid and with the ny state dept of financial services for "balance billing" a Medicaid beneficiary. If they claim they aren't in the Medicaid network, refer to Medicaid Act, 42 U.S.C.S. § 1396 (second source below) Source link still the law not only is it still the law, it's actually more strict now and gets providers (clinics, doctors, etc) fined, audited and can cause revocation of license to practice. More: Under the Medicaid Act, 42 U.S.C.S. § 1396, those doctors and hospitals who are willing to treat Medicaid patients must agree to accept the designated Medicaid rate and not ask the patient to pay any money beyond that amount. 42 U.S.C.S. §§ 1320a-7b(d), and 42 C.F.R. § 447.15 (1989). In New York State, a Medicaid provider is prohibited from seeking payment from a Medicaid recipient of amounts not reimbursed by the state program. New York City Health & Hosp. Corp. v. Perales, 954 F.2d 854, 855, 1992 U.S. App. LEXIS 1720, 1, 36 Soc. Sec. Rep. Service 216 (2d Cir. N.Y. 1992).
You might go in and ralk to the accounts recievable person at the doctor's office. Possibly a Practice manager. Take the forms, explain her situation, impress on them the likelihood of collecting, and try as best you can to facilitate the insurance company and his practice to coordinate. Leaving you in the middle of their fight serves no purpose. As a longer term remedy, perhaps find an in network physician.
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My mom is being threatened by her doctor's office to be charged $100 per missed appointment (total of $1000) because they are having problems billing her insurance. She is on medicaid, and has no copay. New York State My mom is disabled and on SSI, so she is enrolled in medicaid. Her doctor has been sending letters threatening to charge her $100 per appointment that were not covered by insurance. At first he told her she needs to fill out a form they sent her, but we called her insurance co. together and they had no idea what she was talking about. They told us the doctor was not billing the proper codes, or to the proper place. We passed this info along to her doctor's office and expected that to be the end of it. Today, a month after the first letter, she received another threatening letter in the mail, with a nasty handwritten note on the bottom: "We can provide evidence that your insurance was billed several times." They told her she has 45 days to work it out with her insurance company or they will be sending her to collections. I was livid when I read the letter, because she doesn't have any copays and is well below the poverty level. $1000 to her is a month's worth of income. I got on the phone with her insurance company to figure out what was going on. They told me that firstly, this is not our responsiblity to solve, it's the doctor's. Secondly, the doctor has not been pre-authorizing her appointments before she attends them, and because of this, the appointments were not getting covered since he is apparently out of network (how his office did not know this I have NO idea). Thirdly, even if he was in-network, he's billing the wrong codes, which would have been denied anyway. The insurance company told me they will not be paying out the claims since this mess is due to the doctor's negligence, and they said if the doctor attempts to charge her, it would be illegal since she doesn't even have a copay. They told us that this doctor should be sorting this out himself, since we don't even understand the intricacies of the health insurance billing system (and I agree). Should I be worried about my mother's account being sent to collections? Is there anything else I can do at this point to help her, or get the doctor off her back. Thank you.
drit5iv
drigrxl
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Wait, so are these appointments she went to, or ones she missed?
You might go in and ralk to the accounts recievable person at the doctor's office. Possibly a Practice manager. Take the forms, explain her situation, impress on them the likelihood of collecting, and try as best you can to facilitate the insurance company and his practice to coordinate. Leaving you in the middle of their fight serves no purpose. As a longer term remedy, perhaps find an in network physician.
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y7uopt
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Dentist pulled my son's baby teeth without tell me, and without an extraction letter In Arizona So, in September, I took my 8 year old son to the dentist. He has a pretty bad fear about anything medical (doctor, dentist etc). The dentist said: he has a cavity, needed a good cleaning, and because his mouth is crowded, he could stand to have a couple of teeth pulled... He recommended me to the orthodontist.. so that the ortho could send an extraction letter to tell the dentist which teeth to pull. And also that they would give my son an IV to put him under for the procedure, the cleaning and the cavity and the possible extraction.. because of his phobia. A few weeks ago, I took my son to the Ortho that the dentist recommended... The Ortho said that my son needs an expander, and some braces, but said that he wouldn't recommend pulling any teeth at this point, because his adult teeth are way up there. I left the Ortho telling them that I would contact them when I was ready to start the process of the expander. But since my son is terrified of the dentist, I was going to wait till he was a bit older, as the Ortho said that it wasn't immediately necessary (but sooner that better, etc). Today, I took my son to the dentist for the appt for the cavity/cleaning. I had to: pick him up to put him on the chair, help hold him down while they held the gas mask over his face (while he was trying to swing on me to get me off of him), and then he quickly fell asleep. An hour and a half later they pulled me back there to help wake him up. And they handed me a bag... A bag containing ALL 4 of my son's canines... I almost threw up when I realized they had pulled four teeth out.. and I had no idea... My son woke up traumatized on all sorts of levels. He remembers fighting me, and passing out, and is sooo distraught that he's missing four teeth. I couldn't even mentally prepare him, because I was under the distinct impression they would not pull teeth because the Ortho didn't recommend to do so... I asked the dentist, and he said he never got a letter NOT to pull them, so since it was part of his initial recommendation in September, that's why it happened. And it's not a big deal cuz they are his baby teeth, and it was super crowded in there anyways. I took my son home, and a few hours later I called the ortho. The front desk ladies sounded kind of shocked on the phone. And after discussing with the ortho, they said "well it's not ideal, but now we need to jumpstart his treatment, so we'll schedule you for next month." So now, after being so, so traumatized by today, I HAVE to drag him into the Ortho now so that those spaces don't start to close up., And come up with $3500 for the ortho. So my questions: is the dentist in the wrong/right? Am I over reacting? Is there any legal thing to do in this case? My mom guilt is on the fritz anyways. I just can't believe he didn't reiterate what was going to happen today.. and now, it's too late.
it003gn
isytb6r
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Hi — I am a lawyer and a total dentalphobe. As others have said, go ahead and consult with an attorney, but I doubt you have enough damages to make it worth anyone’s while. When I did PI we almost never took dental cases, FWIW, and I don’t really see the damages here for what was a premature extraction that would have become necessary at some point anyway. I have no doubt your son is wigged out, but four holes in the mouth are generally not the stuff med mal types dream of. Good luck; my fear of the dentist lessened over the years and I hope the same for your little one.
Did you sign an estimate or proposed treatment by the dentist? It sounds like the appointment you made was for all of the treatment and there was no communication between the ortho and the dentist about the extractions to modify the treatment and time scheduled because no letter was sent so the dentist went with the initial proposed plan. You can call a malpractice attorney to see if you have a case.
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(Michigan, United States) School keeps blowing off my parents and brother and almost 3 months later he still doesn't have his high school diploma. So long story short my brother has met all State requirements to graduate high school. The high school has an "exit interview" though that he as to do where they review his work over the last four years. If you don't do the interview the school holds your diploma. They have been pulling him along on a string telling both him and my parents they will "schedule a time to take it" since before summer vacation. Now it's the middle of September and instead of starting trade school like he wanted to, he is still waiting on the school to call him back. My parents have gotten in contact with the Board of Education and they said that they would get this figured out. That was almost two weeks ago and there's been nothing said. Something else to note is that the school has been dealing with legal issues all summer with a former teacher so everything has a feeling of "we'll handle this after the court case is solved". Any advice is helpful. Thanks.
f0517ob
f04tpgc
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Contact either Senator Gary Peters or Senator Debbie Stabenow. Both are very eager to help their constituents.
Contact your city or county government representative, e.g. a councilperson or member of the Board of Supervisors (elected representatives). Provide them all the facts and timeline upfront so they don't have to reach back to you for additional details.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5wgwj3
g5wjzs6
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As others have already said, you need an attorney. FYI and anyone else that finds themselves in this position. If a police officer is called, do not offer up any information other than that a collision took place. I'm not saying you did this, but by the sound of your post you may have offered up to the officer the fact that you were recently hospitalized and medicating. This could be enough to get you cited for suspicion of a DUI.
Do not ask for internet advice on a DUI. You need an attorney. This is a very, very, very serious criminal charge that can lead to serious complications in your life. There typically isn't much jail time involved so people just blow it off, but a DUI conviction can destroy your professional life, lock you out of certain careers, cause immediate professional license suspensions and ban you from travel to certain countries (Canada for example).
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5vx27i
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I think more attention should be paid to which medication you were taking. Not a lawyer but pretty sure “I didn’t know I wasn’t supposed to drive on this medication” isn’t a valid legal defense.
Do not ask for internet advice on a DUI. You need an attorney. This is a very, very, very serious criminal charge that can lead to serious complications in your life. There typically isn't much jail time involved so people just blow it off, but a DUI conviction can destroy your professional life, lock you out of certain careers, cause immediate professional license suspensions and ban you from travel to certain countries (Canada for example).
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5wjzs6
g5w9je9
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Do not ask for internet advice on a DUI. You need an attorney. This is a very, very, very serious criminal charge that can lead to serious complications in your life. There typically isn't much jail time involved so people just blow it off, but a DUI conviction can destroy your professional life, lock you out of certain careers, cause immediate professional license suspensions and ban you from travel to certain countries (Canada for example).
How did he know you were on medication? What medication were you on?
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5wgwj3
g5xjtuj
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As others have already said, you need an attorney. FYI and anyone else that finds themselves in this position. If a police officer is called, do not offer up any information other than that a collision took place. I'm not saying you did this, but by the sound of your post you may have offered up to the officer the fact that you were recently hospitalized and medicating. This could be enough to get you cited for suspicion of a DUI.
Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5xjtuj
g5vx27i
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Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
I think more attention should be paid to which medication you were taking. Not a lawyer but pretty sure “I didn’t know I wasn’t supposed to drive on this medication” isn’t a valid legal defense.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
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How did he know you were on medication? What medication were you on?
Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
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Not a lawyer, but generally speaking you can be arrested for DUI even with a 0 BAC if the officer has probable cause that you were impaired. It could be that your physical appearance (bloodshot eyes, pale skin, any smells) made the officer believe you were impaired. Get a lawyer.
Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5xjtuj
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Former Police Officer- Not GA but rules are the same. Check and see if the full charge is Driving Under the Influence or Driving While Impaired. Both are charged the same and the penalties are the same. GET A LAWYER. Do not make any statements to anyone, especially the Prosecutor. The officer may be a DRE, Drug Recognition Expert and he may be saying he determined that you were under the influence of something which impaired your ability to drive. Only checking the report he filed will you have the information that your LAWYER can deal with.
Your story doesn't make sense for a number of reasons. For starters: 1)DUI is not a permitted offense. You would have been arrested and taken to the jail. You could have been given a PR bond from there, but not cut a summons on the scene. 2)Grady is the name of the hospital, not the jail. The dash and body cams should be telling. Get an attorney.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5wgwj3
g5vx27i
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As others have already said, you need an attorney. FYI and anyone else that finds themselves in this position. If a police officer is called, do not offer up any information other than that a collision took place. I'm not saying you did this, but by the sound of your post you may have offered up to the officer the fact that you were recently hospitalized and medicating. This could be enough to get you cited for suspicion of a DUI.
I think more attention should be paid to which medication you were taking. Not a lawyer but pretty sure “I didn’t know I wasn’t supposed to drive on this medication” isn’t a valid legal defense.
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Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car. I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down. I have insurance, was sober, & extremely amicable about the accident. The officers wrote me 2 citations, 1 of which was for a DUI. For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn’t drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied. My car was impounded, & I have a court date. I don’t mind have my insurance rates raised for causing a small accident, but don’t want a DUI on my record. What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn’t for Covid, & I even said please take me & let me have tests performed. What should I do? Do I need a lawyer? Thanks in advance for any advice.
g5w9je9
g5wgwj3
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How did he know you were on medication? What medication were you on?
As others have already said, you need an attorney. FYI and anyone else that finds themselves in this position. If a police officer is called, do not offer up any information other than that a collision took place. I'm not saying you did this, but by the sound of your post you may have offered up to the officer the fact that you were recently hospitalized and medicating. This could be enough to get you cited for suspicion of a DUI.
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igfj81t
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Step 1) remove anything valuable or irreplaceable from the unit. You can be right and win the legal battle, but that won't bring back grandma's ashes. Step 2) take an inventory (with pictures or video) of everything left inside. Step 3) certified mail to the management company with a copy of the lease, highlighting the relevant sections. Step 4) make two copies of the page of the lease, circle the appropriate sections and post then on the outside and inside of the locker with a note that says "this locker is included in the lease, which is valid until April 2023, management company will be responsible for any lost or damaged items, contents have been fully inventoried" Step 5) sue them if they still throw out all the stuff
Have you tried reaching out to the new management? Send them a copy of the lease, highlight the area of the lease that grants rights to the storage unit, and tell them you expect them to honor the lease. If they refuse, then you escalate.
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igeuqir
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If you’re in the Madison area, contact the Tenant Resource Center.
Step 1) remove anything valuable or irreplaceable from the unit. You can be right and win the legal battle, but that won't bring back grandma's ashes. Step 2) take an inventory (with pictures or video) of everything left inside. Step 3) certified mail to the management company with a copy of the lease, highlighting the relevant sections. Step 4) make two copies of the page of the lease, circle the appropriate sections and post then on the outside and inside of the locker with a note that says "this locker is included in the lease, which is valid until April 2023, management company will be responsible for any lost or damaged items, contents have been fully inventoried" Step 5) sue them if they still throw out all the stuff
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igeryx3
igfj81t
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Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
Step 1) remove anything valuable or irreplaceable from the unit. You can be right and win the legal battle, but that won't bring back grandma's ashes. Step 2) take an inventory (with pictures or video) of everything left inside. Step 3) certified mail to the management company with a copy of the lease, highlighting the relevant sections. Step 4) make two copies of the page of the lease, circle the appropriate sections and post then on the outside and inside of the locker with a note that says "this locker is included in the lease, which is valid until April 2023, management company will be responsible for any lost or damaged items, contents have been fully inventoried" Step 5) sue them if they still throw out all the stuff
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igeuqir
igf139l
1,657,989,648
1,657,992,320
11
30
If you’re in the Madison area, contact the Tenant Resource Center.
Have you tried reaching out to the new management? Send them a copy of the lease, highlight the area of the lease that grants rights to the storage unit, and tell them you expect them to honor the lease. If they refuse, then you escalate.
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igf139l
igeryx3
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2
Have you tried reaching out to the new management? Send them a copy of the lease, highlight the area of the lease that grants rights to the storage unit, and tell them you expect them to honor the lease. If they refuse, then you escalate.
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
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w0kbiz
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igeuqir
iggi0g7
1,657,989,648
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If you’re in the Madison area, contact the Tenant Resource Center.
Property owners hire management companies because they do not want to hear from tenants directly. The management company's job includes being contactable. Property managers who ghost you often have a change in attitude when you cc: your correspondence to the real, actual owners of the property. You can look them up at your county recorder's office. It's often an LLC or a trust, but you can Google the names you get and also search them out on your state's corporate registration website and places like US Search, Lexis-Nexis and Spokeo. It's worth sending FedEx, as people will typically assume it's a check or some important document and are likely to personally open it and read it. I guarantee that someone who owns 1,500 units really doesn't want to take time out of their day to deal with a lazy manager somewhere.
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
iggi0g7
igeryx3
1,658,015,958
1,657,988,483
16
2
Property owners hire management companies because they do not want to hear from tenants directly. The management company's job includes being contactable. Property managers who ghost you often have a change in attitude when you cc: your correspondence to the real, actual owners of the property. You can look them up at your county recorder's office. It's often an LLC or a trust, but you can Google the names you get and also search them out on your state's corporate registration website and places like US Search, Lexis-Nexis and Spokeo. It's worth sending FedEx, as people will typically assume it's a check or some important document and are likely to personally open it and read it. I guarantee that someone who owns 1,500 units really doesn't want to take time out of their day to deal with a lazy manager somewhere.
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
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[Wisconsin] My friends apartment complex is under new management and they are trying to take away store units included in the lease My friend is currently under a lease until the end of April 2023 from her old management and now the new apartment managers left a note for everyone at her apartment complex saying they will be taking away everyone’s storage units at the end of the month and anyones items left in the storage unit at that time will have their items removed and disposed. We looked over her lease and it says that a storage unit is included with her apartment so now we’re unsure of how to handle this situation. We know a lawyer could probably help but lawyers are very expensive. What can we do to ensure she gets to keep her storage unit?
igeryx3
igeuqir
1,657,988,483
1,657,989,648
2
11
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*
If you’re in the Madison area, contact the Tenant Resource Center.
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Was the receptionist at my doctor's office just being unprofessional or does this actually violate patient privacy laws? First things first, I live in California. I scheduled an appointment with my primary care doctor and told the receptionist it was in regards to insomnia and possible referral to a sleep study when asked for the purpose of the visit. I'm in school every day and had to wait several weeks for the first appointment that didn't interfere with my classes. The day of the appointment, I got to the clinic early and planned to not only talk to him about the sleep issues but some other health concerns I've been having. The receptionist came out from behind the desk and without any explanation, escorted me to a different office in the building and left. I was confused when someone came out and ushered me in to see a psychiatrist. She was perplexed as to why I was there when I explained the purpose of my visit and said she couldn't help me with the referrals or any of my other health concerns, as they aren't psychiatric in nature. She said all she could do was prescribe sleeping pills, which I didn't want. I wanted to diagnose the main issue in a sleep study. She told me to go back to my primary care doctor's office and see him as originally planned. I went back to his office and asked the receptionist what was going on. She informed me that she had taken it upon herself to cancel my appointment with him on the very incorrect assumption that all I wanted was to get some sleeping pills. She had thought a psychiatrist would be a better doctor to see. This woman has absolutely NO medical degree or certification of any kind and she changed my appointments on her own (VERY incorrect) assumptions without even TELLING me first or asking for my permission. I was unable to see my primary care doctor because she had already given my slot to a walk in and told me I would have to reschedule to see him. Because of my school schedule and how booked they are, I'll have to wait several more weeks. I told her how upset I was but she didn't apologize or even seem to understand why what she had done was unprofessional. This is not the first time I have seen shady practices at this clinic and will be switching to a new provider, but I am absolutely furious that the receptionist ruined my appointment and compromised my health care over this. I'm not sure if patient privacy laws or anything have actually been violated, but I definitely want to know what I can do even if it's just filing a complaint somewhere.
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Complain to the doctor. Shitty scheduling has no real legal significance however
Please inform your doctor or the office manager about this situation. You may not be the first or only person that this has happened to and you surely do not want it to happen to someone else. Your doctor/office manager most likely has no idea this happened. They must be informed of this bizarre behavior. Keep in mind that, we as professionals, are behind the scenes practicing our profession and do not micromanage the staff. However, if my assistant or the receptionist did something that caused one of my clients concern, I would absolutely want to know about it so that I could address the problem prior to losing my client.
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Was the receptionist at my doctor's office just being unprofessional or does this actually violate patient privacy laws? First things first, I live in California. I scheduled an appointment with my primary care doctor and told the receptionist it was in regards to insomnia and possible referral to a sleep study when asked for the purpose of the visit. I'm in school every day and had to wait several weeks for the first appointment that didn't interfere with my classes. The day of the appointment, I got to the clinic early and planned to not only talk to him about the sleep issues but some other health concerns I've been having. The receptionist came out from behind the desk and without any explanation, escorted me to a different office in the building and left. I was confused when someone came out and ushered me in to see a psychiatrist. She was perplexed as to why I was there when I explained the purpose of my visit and said she couldn't help me with the referrals or any of my other health concerns, as they aren't psychiatric in nature. She said all she could do was prescribe sleeping pills, which I didn't want. I wanted to diagnose the main issue in a sleep study. She told me to go back to my primary care doctor's office and see him as originally planned. I went back to his office and asked the receptionist what was going on. She informed me that she had taken it upon herself to cancel my appointment with him on the very incorrect assumption that all I wanted was to get some sleeping pills. She had thought a psychiatrist would be a better doctor to see. This woman has absolutely NO medical degree or certification of any kind and she changed my appointments on her own (VERY incorrect) assumptions without even TELLING me first or asking for my permission. I was unable to see my primary care doctor because she had already given my slot to a walk in and told me I would have to reschedule to see him. Because of my school schedule and how booked they are, I'll have to wait several more weeks. I told her how upset I was but she didn't apologize or even seem to understand why what she had done was unprofessional. This is not the first time I have seen shady practices at this clinic and will be switching to a new provider, but I am absolutely furious that the receptionist ruined my appointment and compromised my health care over this. I'm not sure if patient privacy laws or anything have actually been violated, but I definitely want to know what I can do even if it's just filing a complaint somewhere.
d9le8z7
d9lcj94
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Please inform your doctor or the office manager about this situation. You may not be the first or only person that this has happened to and you surely do not want it to happen to someone else. Your doctor/office manager most likely has no idea this happened. They must be informed of this bizarre behavior. Keep in mind that, we as professionals, are behind the scenes practicing our profession and do not micromanage the staff. However, if my assistant or the receptionist did something that caused one of my clients concern, I would absolutely want to know about it so that I could address the problem prior to losing my client.
It was a HIPAA violation. She took your PHI and gave it to another health care provider without your consent. Unless you signed a HIPAA form then they could have shared your information,but then she still violated HIPAA because she was not authorized to share according to her job title.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
dr73nve
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Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
Buy a shredder. Write out your thoughts, sit on it overnight, then shred it.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
dr73nve
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Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
The point at which you actually take a substantial action toward the commission of the crime.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
dr6tss6
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It doesn't matter unless you actually kill him or try to kill him (or solicit someone else to kill him, or engage another person in a plan to kill him). Merely thinking about committing a crime isn't a crime.
Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
dr73nve
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Not legal advice. OP, i believe you're confusing what your therapist has instructed you to do. He is not saying that when you feel angry, you should write a detailed plan of what you would like to do. He is suggesting that when you are angry and having these thoughts that you journal your thoughts. The difference being writing out a fantasy list versus attempting to put to paper how angry you are, and how thoughts you are having (that may not need to be described) are making you feel as well. "this is how i want to torture and kill soandso, step one, blah blah blah....." Versus "I'm currently dealing with a lot of anger towards soandso. I am having *general sorts of intrusive* thoughts about him, and the having the thoughts makes me feel x emotion."
Have you thought about adding an explanation to the beginning? Something along the lines of “ My therapist thinks it would be beneficial to write down my feelings towards this person. I in no way intend to do him harm, this is for therapy and to deal with my grief.” That way if say you do keep it and someone finds it, they are more inclined to walk away, as opposed to them finding something that just randomly goes into detail about how you would beat this guy to death. Just a suggestion. I would also like to point out that this is very common in therapy. It’s like writing letters to your family but not sending them. And unless your therapist thinks your actually capable of it, you should be ok.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
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Buy a shredder. Write out your thoughts, sit on it overnight, then shred it.
The point at which you actually take a substantial action toward the commission of the crime.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
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It doesn't matter unless you actually kill him or try to kill him (or solicit someone else to kill him, or engage another person in a plan to kill him). Merely thinking about committing a crime isn't a crime.
Buy a shredder. Write out your thoughts, sit on it overnight, then shred it.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
dr6tty6
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The point at which you actually take a substantial action toward the commission of the crime.
It doesn't matter unless you actually kill him or try to kill him (or solicit someone else to kill him, or engage another person in a plan to kill him). Merely thinking about committing a crime isn't a crime.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
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I am not a lawyer or a doctor. It might be helpful to you to write down your thoughts so you can express them. Then shred and burn the paper without sharing it with anyone. I’m sorry for the loss of your sister.
Counselor here. Homicidal ideation is pretty normative in some mental health concerns. Traumatic grief and PTSD would fit the bill. We have to balance severity of homicidal ideation (passive Desire vs. Active detailed plan) and the likelihood of success should you commit yourself to a course of action. Given the individual is incarcerated I would likely expect from my ethical standpoint that the worst that would happen is your therapist would exercise their duty to warn the individual. He's locked up and you're locked out. Expect some probing questions should you be forthcoming.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
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Counselor here. Homicidal ideation is pretty normative in some mental health concerns. Traumatic grief and PTSD would fit the bill. We have to balance severity of homicidal ideation (passive Desire vs. Active detailed plan) and the likelihood of success should you commit yourself to a course of action. Given the individual is incarcerated I would likely expect from my ethical standpoint that the worst that would happen is your therapist would exercise their duty to warn the individual. He's locked up and you're locked out. Expect some probing questions should you be forthcoming.
Premeditation is not a crime. Murder is the crime. You can think about harming him all you want and legally you are doing nothing wrong. But the moment you take an action that could cause his death or serious harm, you are committing a crime. If you are worried that writing out your thoughts is going to make it hard for you to resist actually doing something, talk to your therapist about that. Getting your thoughts out is good for you, but not if it's dangerous.
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My doctor asked me to write down my thoughts on the man that killed my sister. At what point am I premeditating murder? My sister was the victim of a violent crime and died several months later due to issues stemming from this act. She passed in August of this year. The man was sentenced to more than 20 years without possibility of parole earlier this year. My sister had registered with the prison to be kept up to date on his status there, or when he's transferred to another prison. I'm in therapy for PTSD from my time in military service. I have a documented history of anger and control issues, though I've never unlawfully hurt anyone. I have no criminal record. Yesterday my therapist asked me what I was worried about in some medical context, and I responded saying I felt anger towards this man. She said the next time I'm thinking of him and can't shift my focus elsewhere that I should write down what it was I was thinking to help process the thoughts associated with him. I have an active imagination and I've had extensive training in combat, so I'm wondering at what point I'll be essentially writing the evidence that gets me convicted of a crime. In my uneducated opinion I think I need the definition of Premeditation, being that it's likely I'll be writing what could be seen as a plan to torture and murder a person. I live in Michigan, the man currently resides in Missouri.
dr7i9j0
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Counselor here. Homicidal ideation is pretty normative in some mental health concerns. Traumatic grief and PTSD would fit the bill. We have to balance severity of homicidal ideation (passive Desire vs. Active detailed plan) and the likelihood of success should you commit yourself to a course of action. Given the individual is incarcerated I would likely expect from my ethical standpoint that the worst that would happen is your therapist would exercise their duty to warn the individual. He's locked up and you're locked out. Expect some probing questions should you be forthcoming.
Congrats on getting therapy for your PTSD, and I'm sorry for the loss of your sister. I suspect one of these reasons for a journal is if you can't shift your focus elsewhere, writing out your thought process will help you process your feelings (which are going to be... a lot of stuff), and once you reach the conclusion of your thoughts towards him in that moment - your brain will move on (ie. "then I stand over his mangled corpse... and celebrate by going to get ice cream. The ice cream will have sprinkles, and probably be chocolate. No whipped cream though). Also, often times putting feelings and thoughts on paper help use better understand them and have a better handle on them (with more control) - which is important with your PTSD. As long as you don't ever try to do the things you write down (and probably not great to share with people who aren't your therapist), writing down what you could do to the bad man isn't a crime. A good friend of mine from high school was raped in college. Several of her friends from high school have gotten together and created elaborate plans for what we would do to the guy (we don't know his name, or literally anything about him other than he has a penis) - it involved cornfields, nudity, and car batteries. If he was ever found naked in a cornfield, hooked up to a car battery and none of us had alibis, we might get asked some questions. However, we all have an active imagination and hate rapists, so our verbal plans were so detailed as to be unlikely to ever happen. At some point he will get out, and you'll have to deal with that then, too. But take your therapists advice. Aside from what others have said, my way of stating it, which may be helpful, is that your therapist is asking you to write down the thoughts of what you *could* do (or want to do) - premeditation is something you're *planning* to do. Write all you want, but don't plan to do the things you write. Because he's a bad guy, you're not a bad guy. Giving him the treatment you want will get you in prison, make you a bad guy, and I suspect your sister wouldn't have wanted you to get in trouble seeking vengeance on her behalf. If you want to show up to a protest when he's released, or at a parole hearing, etc. You're fine. Just don't touch him/hurt him, and you will have committed no crime (even with the journal).
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My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
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Paralegal here. There is a motion called Automatic Orders in most states, that attorneys automatically apply and which come into play once divorce papers have been filed and requires- both parties to leave marital assets (all of them) in a status quo - unless a written agreement is formulated- as they were prior to the onset of the dissolution. (Unless to do so would adversely affect financial security.) this extends even to normal stock trades, allowances, monies toward IRA or 401K. Each state has their own applicable statues for conduct regarding this- but an act of financial deprivations at the onset of a divorce is generally not respected in the courts and the judge may order the return of the assets. Best to get an attorney involved. At the very least- the offended party can self draft a cease and desist for removal of jointly held assets and have a marshal service or appropriate service deliver it- even without an attorney.
I mean she *can* do it (since she clearly *did* do it) but it's not going to go over well with the divorce court. The judge will not be amused - and will likely make her return any portion that's his property (likely half, but depends on the individual state). These sort of antics also tend to get the courts predisposed to act against you in other aspects of the divorce.
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My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
ghn4wny
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No. Community property. Husband is entitled to half.
Paralegal here. There is a motion called Automatic Orders in most states, that attorneys automatically apply and which come into play once divorce papers have been filed and requires- both parties to leave marital assets (all of them) in a status quo - unless a written agreement is formulated- as they were prior to the onset of the dissolution. (Unless to do so would adversely affect financial security.) this extends even to normal stock trades, allowances, monies toward IRA or 401K. Each state has their own applicable statues for conduct regarding this- but an act of financial deprivations at the onset of a divorce is generally not respected in the courts and the judge may order the return of the assets. Best to get an attorney involved. At the very least- the offended party can self draft a cease and desist for removal of jointly held assets and have a marshal service or appropriate service deliver it- even without an attorney.
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My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
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The short answer is no, if it's a joint account and they both put money in it, it's a joint asset. The longer answer is, he needs a lawyer ASAP (which you already know), and the first thing they might do is to tell her to either put it back and wait until they work out assets, or tell her to put back his portion, or it'll end up going before the court. Courts don't generally love it when one spouse raids the assets in anticipation of a divorce. Of course, state laws vary, and a lawyer is needed. I hope your friend gets a good one to protect him!
I mean she *can* do it (since she clearly *did* do it) but it's not going to go over well with the divorce court. The judge will not be amused - and will likely make her return any portion that's his property (likely half, but depends on the individual state). These sort of antics also tend to get the courts predisposed to act against you in other aspects of the divorce.
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My friends wife asked for a divorce and then took all of their savings out and put the money in her personal account. Roughly $20k. Can she do this when they’re going to be divorcing?
gho13qj
ghn4wny
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The short answer is no, if it's a joint account and they both put money in it, it's a joint asset. The longer answer is, he needs a lawyer ASAP (which you already know), and the first thing they might do is to tell her to either put it back and wait until they work out assets, or tell her to put back his portion, or it'll end up going before the court. Courts don't generally love it when one spouse raids the assets in anticipation of a divorce. Of course, state laws vary, and a lawyer is needed. I hope your friend gets a good one to protect him!
No. Community property. Husband is entitled to half.
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My mother constantly takes my money and I cant build up a savings account(Like hundreds of dollars). Im pretty sure I cant stop it because I'm a minor. (Arkansas) Okay, I apologize for the long and messy post I'm making. Alright, I have two jobs. One pays minimum wage(8.50) And the other pays $11 an hour. I get a paycheck ranging from $420-530 every two weeks and then I get a pay check from the lower paying job for around $80. My plan for the lower check was for it to be put directly into savings, while my bigger check was to be budgeted. I budget my money every two weeks, because I dont want to struggle financially when I become an adult. Im 17 right now, and I pay for my car and insurance as well. Flat out I pay my mother $400 a month. I give the money to her for her to pay the car and insurance. That's $200 each paycheck. Then I'll budget for cat food, lunch, gas, etc... I also transfer 25-50 into my savings account first thing. ​ Here is where the problem with my mother comes in. First, I give her money for the car and insurance right? Well my grandmother tells me that the insurance is late this month. Okay... Well, she also borrows money, a lot. Like I've paid for her truck tags, I've paid for her insurance license. I put gas in both vehicles(A dodge ram and a charger), she drives both of them and her favorite thing to do is drive around all night in my car and then leave the tank on empty so that I have to get gas before school. I can't keep anything in my savings account because she always asks for money. I can't say no when she asks because if I do then she will make me quit my job. If I dont have a job then I can't buy food for my cat and other things that I need. As of right now, I see it as A little bit of money for myself > no money at all for myself. The final straw was that she borrowed $30 from me and then told me that I could get it back if I went and returned these batteries for the core charge. Well, the store said that they could only put it on a gift card(They also told me that they informed her of this last week). She takes a ton of money from me, like I won almost $500 on HQ trivia and I kept it on the app so that I couldn't spend it and guess what? She decides that the electric bill needed to be paid and she took it from the game. Then my grandma told me that the electric had already been paid! ​ I dont think that theres anything I can do about this without making it worse on myself. Like, she said I could get arrested for not listening to what she says and she also constantly says that since us kids are under 18 then we legal can't own any property. I dont know what to do. She's never going to pay the money back. I'm at a loss. I just want a stable savings. That's it. I don't care to help out. I bought the other 5 kids school supplies and I buy groceries frequently(even though we get food stamps, and a lot of food stamps.) She is a crazy narc and she tries to manipulate me into paying for things all the time. Is there anything that I can do that wont backfire on me?
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It sounds like your family can't really be trusted. If you have a friend who you really trust, for instance, I would have them hold onto the money. That could backfire if you and the friend have a falling out though, so be careful. If you have somewhere you could hide it (in a lockbox, preferably; pretty cheap at Walmart) that they won't be able to get to, that is probably the safer bet. It's an awful situation to be in, and I'll tell you from experience based on my best friend having a similar family situation: the moment you turn 18, move out and give them no more money. They will continue to mooch off of you for as long as you let them. If they get angry and try to manipulate you, do not be afraid to cut ties, at least temporarily. As much as you may love them, it is a toxic situation that you need to remove yourself from for your mental and financial well being. Edit: from what I can tell, the only way you could do anything about what has happened so far would be to sue your mom. I'm sure you don't want to do that, at least not at this point.
A number of big changes happen when you turn 18. You say you're 17 - how long until your 18th birthday? Get a post office box or a private mailbox that has a street address, and have your important mail sent there. Get your critical documents (license, birth certificate, social security card) and keep them in your possession. On your 18th birthday, open new bank accounts at a bank where your mother doesn't do business, and move your money to those accounts. While you are a minor, your parents have the duty to house, feed, and clothe you. Once you're an adult, they no longer have that obligation. They can kick you out of the house, but must follow landlord/tenant laws so far as notice is concerned. Be prepared to find a new place to live. You talk about your car - but is it yours, or hers that you have permission to drive? The name on the title is critical. If it's hers, is it still being financed? Assume that if it's her car, you may lose the use of it at any time, so don't put unnecessary money into it. I'd go so far as to defer maintenance that's due in the last couple months before you turn 18 if you're the one paying for maintenance. Be prepared to get your own transportation once you turn 18 - and if her car is still financed, remember that any payments you make on it are giving your mother the money. Lock down your credit, and check to see if there are accounts you didn't open. Parents have the information needed to open an account in the child's name, and I wouldn't put it past your mother to get credit in your name. If she does, you have two options - either report it as fraudulent (and your mother could go to jail), or accept the debt as your own. There is no way to make it "go away" without exposing your mother to the legal consequences of her actions.
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My mother constantly takes my money and I cant build up a savings account(Like hundreds of dollars). Im pretty sure I cant stop it because I'm a minor. (Arkansas) Okay, I apologize for the long and messy post I'm making. Alright, I have two jobs. One pays minimum wage(8.50) And the other pays $11 an hour. I get a paycheck ranging from $420-530 every two weeks and then I get a pay check from the lower paying job for around $80. My plan for the lower check was for it to be put directly into savings, while my bigger check was to be budgeted. I budget my money every two weeks, because I dont want to struggle financially when I become an adult. Im 17 right now, and I pay for my car and insurance as well. Flat out I pay my mother $400 a month. I give the money to her for her to pay the car and insurance. That's $200 each paycheck. Then I'll budget for cat food, lunch, gas, etc... I also transfer 25-50 into my savings account first thing. ​ Here is where the problem with my mother comes in. First, I give her money for the car and insurance right? Well my grandmother tells me that the insurance is late this month. Okay... Well, she also borrows money, a lot. Like I've paid for her truck tags, I've paid for her insurance license. I put gas in both vehicles(A dodge ram and a charger), she drives both of them and her favorite thing to do is drive around all night in my car and then leave the tank on empty so that I have to get gas before school. I can't keep anything in my savings account because she always asks for money. I can't say no when she asks because if I do then she will make me quit my job. If I dont have a job then I can't buy food for my cat and other things that I need. As of right now, I see it as A little bit of money for myself > no money at all for myself. The final straw was that she borrowed $30 from me and then told me that I could get it back if I went and returned these batteries for the core charge. Well, the store said that they could only put it on a gift card(They also told me that they informed her of this last week). She takes a ton of money from me, like I won almost $500 on HQ trivia and I kept it on the app so that I couldn't spend it and guess what? She decides that the electric bill needed to be paid and she took it from the game. Then my grandma told me that the electric had already been paid! ​ I dont think that theres anything I can do about this without making it worse on myself. Like, she said I could get arrested for not listening to what she says and she also constantly says that since us kids are under 18 then we legal can't own any property. I dont know what to do. She's never going to pay the money back. I'm at a loss. I just want a stable savings. That's it. I don't care to help out. I bought the other 5 kids school supplies and I buy groceries frequently(even though we get food stamps, and a lot of food stamps.) She is a crazy narc and she tries to manipulate me into paying for things all the time. Is there anything that I can do that wont backfire on me?
e6xq9j8
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A number of big changes happen when you turn 18. You say you're 17 - how long until your 18th birthday? Get a post office box or a private mailbox that has a street address, and have your important mail sent there. Get your critical documents (license, birth certificate, social security card) and keep them in your possession. On your 18th birthday, open new bank accounts at a bank where your mother doesn't do business, and move your money to those accounts. While you are a minor, your parents have the duty to house, feed, and clothe you. Once you're an adult, they no longer have that obligation. They can kick you out of the house, but must follow landlord/tenant laws so far as notice is concerned. Be prepared to find a new place to live. You talk about your car - but is it yours, or hers that you have permission to drive? The name on the title is critical. If it's hers, is it still being financed? Assume that if it's her car, you may lose the use of it at any time, so don't put unnecessary money into it. I'd go so far as to defer maintenance that's due in the last couple months before you turn 18 if you're the one paying for maintenance. Be prepared to get your own transportation once you turn 18 - and if her car is still financed, remember that any payments you make on it are giving your mother the money. Lock down your credit, and check to see if there are accounts you didn't open. Parents have the information needed to open an account in the child's name, and I wouldn't put it past your mother to get credit in your name. If she does, you have two options - either report it as fraudulent (and your mother could go to jail), or accept the debt as your own. There is no way to make it "go away" without exposing your mother to the legal consequences of her actions.
If you will turn 18 before Dec 31, can you have your employers take extra federal tax money out of your check by filing a new (PDF warning) form W-4? If money goes straight to the IRS without touching your hands, she can't get at it. This assumes that you will turn 18 in the next 3 months, that when you turn 18 you open a bank account solely in your name that's not at the bank she uses, and that you have the refund deposited there electronically. In the mean time, make your plan to escape this cuckoos nest, and be thinking about college, or the military, or Job Corps or whatever. Think about whether you should have important mail sent to another address, like a Post Office box, or a in care of a friend or relative that your trust completely. Be aware of where your birth certificate and Social Security card are kept in the house so you can take them with you when you start on your next adventure....the same thing applies for a passport or passport card, if you've ever had one issued (even an expired passport is handy for some purposes). If it will be hard to obtain them at home, start thinking about getting duplicates. This scheme might work if you'll turn 18 after Dec 31, provided that she doesn't file a tax return for you and steal the refund. The personal finance subreddit will be good reading for you as your plan your future. Also, think if there's a friend's parents, or Scoutmaster, or teacher at school that you can confide in and seek advice from. A sane adult will be a useful sounding board and ally for you going forward.
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My mother constantly takes my money and I cant build up a savings account(Like hundreds of dollars). Im pretty sure I cant stop it because I'm a minor. (Arkansas) Okay, I apologize for the long and messy post I'm making. Alright, I have two jobs. One pays minimum wage(8.50) And the other pays $11 an hour. I get a paycheck ranging from $420-530 every two weeks and then I get a pay check from the lower paying job for around $80. My plan for the lower check was for it to be put directly into savings, while my bigger check was to be budgeted. I budget my money every two weeks, because I dont want to struggle financially when I become an adult. Im 17 right now, and I pay for my car and insurance as well. Flat out I pay my mother $400 a month. I give the money to her for her to pay the car and insurance. That's $200 each paycheck. Then I'll budget for cat food, lunch, gas, etc... I also transfer 25-50 into my savings account first thing. ​ Here is where the problem with my mother comes in. First, I give her money for the car and insurance right? Well my grandmother tells me that the insurance is late this month. Okay... Well, she also borrows money, a lot. Like I've paid for her truck tags, I've paid for her insurance license. I put gas in both vehicles(A dodge ram and a charger), she drives both of them and her favorite thing to do is drive around all night in my car and then leave the tank on empty so that I have to get gas before school. I can't keep anything in my savings account because she always asks for money. I can't say no when she asks because if I do then she will make me quit my job. If I dont have a job then I can't buy food for my cat and other things that I need. As of right now, I see it as A little bit of money for myself > no money at all for myself. The final straw was that she borrowed $30 from me and then told me that I could get it back if I went and returned these batteries for the core charge. Well, the store said that they could only put it on a gift card(They also told me that they informed her of this last week). She takes a ton of money from me, like I won almost $500 on HQ trivia and I kept it on the app so that I couldn't spend it and guess what? She decides that the electric bill needed to be paid and she took it from the game. Then my grandma told me that the electric had already been paid! ​ I dont think that theres anything I can do about this without making it worse on myself. Like, she said I could get arrested for not listening to what she says and she also constantly says that since us kids are under 18 then we legal can't own any property. I dont know what to do. She's never going to pay the money back. I'm at a loss. I just want a stable savings. That's it. I don't care to help out. I bought the other 5 kids school supplies and I buy groceries frequently(even though we get food stamps, and a lot of food stamps.) She is a crazy narc and she tries to manipulate me into paying for things all the time. Is there anything that I can do that wont backfire on me?
e6xje74
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If you will turn 18 before Dec 31, can you have your employers take extra federal tax money out of your check by filing a new (PDF warning) form W-4? If money goes straight to the IRS without touching your hands, she can't get at it. This assumes that you will turn 18 in the next 3 months, that when you turn 18 you open a bank account solely in your name that's not at the bank she uses, and that you have the refund deposited there electronically. In the mean time, make your plan to escape this cuckoos nest, and be thinking about college, or the military, or Job Corps or whatever. Think about whether you should have important mail sent to another address, like a Post Office box, or a in care of a friend or relative that your trust completely. Be aware of where your birth certificate and Social Security card are kept in the house so you can take them with you when you start on your next adventure....the same thing applies for a passport or passport card, if you've ever had one issued (even an expired passport is handy for some purposes). If it will be hard to obtain them at home, start thinking about getting duplicates. This scheme might work if you'll turn 18 after Dec 31, provided that she doesn't file a tax return for you and steal the refund. The personal finance subreddit will be good reading for you as your plan your future. Also, think if there's a friend's parents, or Scoutmaster, or teacher at school that you can confide in and seek advice from. A sane adult will be a useful sounding board and ally for you going forward.
What does your grandmother think about all of this? Could she be helpful to you? Does your mother even have a job? You legally don't have to pay your mother $400/month and keep giving in to everything she wants. It's not illegal to refuse to give someone money who wants it. On the day that you turn 18, close the bank accounts that she can access and open new ones, at a different bank.
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[KY USA] got injured at work, employer tried to dissuade me from going to the doctor. Went anyway, now I believe I'm being retaliated against. I am interested in suing my employer. My employer is a shady businessman. He has tried not paying me for time worked, unpaid lunch time I've had to work through. My employer also likes to change rules that benefits him and his company while neglecting to inform the employees of the rule changes. I was also injured on the job and when I reported it, I was dissuaded from filing a worker comp claim. I was told I didn't need to go to the doctor that I was fine. When I did go to the doctor and filed a claim, I believe I was retaliated against for doing so. We get production bonuses every month. I was denied the bonus and given the excuse that I left early too many days. Even though the days I left early were pre-approved doctor's appointments and the day before Thanksgiving where we were instructed to leave at noon due to a company party. I was even gave the "you left early" excuse for a day that the company was closed and I came in as a favor to finish up an open job. This has caused stress.
dr2vu12
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I am not a lawyer. I am not sure what you do exactly, but if your boss is shady with HR he is might be shady in the OSHA required documents area. You could report him to OSHA. The reason you might want to do this is if you are retaliated against and can link it to the injury or the OSHA visit you might qualify for whistle blower protection.
OK I'm going to break this down. >He has tried not paying me for time worked, unpaid lunch time I've had to work through. File a wage claim with the Department of Labor. >My employer also likes to change rules that benefits him and his company while neglecting to inform the employees of the rule changes. Absent a union contract or collective bargaining agreement there is nothing wrong with this. >I was also injured on the job and when I reported it, I was dissuaded from filing a worker comp claim. I was told I didn't need to go to the doctor that I was fine. OK. This is unfortunately common. You filed a claim anyway. That claim will cover your medical care and lost time. >When I did go to the doctor and filed a claim, I believe I was retaliated against for doing so. We get production bonuses every month. I was denied the bonus and given the excuse that I left early too many days. Even though the days I left early were pre-approved doctor's appointments and the day before Thanksgiving where we were instructed to leave at noon due to a company party. I was even gave the "you left early" excuse for a day that the company was closed and I came in as a favor to finish up an open job. If the bonuses were based on attendance and/or production, and you didn't attend or produce to the required amount, they can take away your bonus. If you think you were owed a bonus but didn't get it, include that in your wage claim to the DOL. >This has caused stress. I'm sure. Not sure what you want to do about it. Jobs can be stressful. Nothing you've said here gives you a way of suing your employer.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
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If you're being paid more than you agreed with the employer on how much you'd be paid, the employer can request the excess be paid back, and has several options at their disposal to *force* the payback of the excess if you refuse. It's in your best interests to be proactive about ensuring that what you're *actually* being paid is congruent with what you and your employer *agreed* you'd be paid. In other words, you don't *have* to do anything, but not doing anything will probably only complicate your life in the future. Don't create problems for future-you -- be kind to future-you.
If you have property that rightfully belongs to them, which is the 10% extra, then yes they can require you to give them their property back.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiikp7c
iiiksh7
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They 100% can make you repay that money back when (not if) they discover the error.
If you're being paid more than you agreed with the employer on how much you'd be paid, the employer can request the excess be paid back, and has several options at their disposal to *force* the payback of the excess if you refuse. It's in your best interests to be proactive about ensuring that what you're *actually* being paid is congruent with what you and your employer *agreed* you'd be paid. In other words, you don't *have* to do anything, but not doing anything will probably only complicate your life in the future. Don't create problems for future-you -- be kind to future-you.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijw64n
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
Imagine if the situation was reversed and you were underpaid. You’d contact them for the money and expect a check right? They can figure it out and do the same. Depends where this is how they can recover it (straight from check/consent/ how much) and how long they have to figure this out. But many places this is measured in years. It’s not criminal, but assuming us you’re most likely at will and they can decide to fire you
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
Confirm on paystub; it could be statutory taxes are lower and you are getting more take home pay. If you are being overpaid you need to bring it to their attention. It’s the right thing to do.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
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If you have property that rightfully belongs to them, which is the 10% extra, then yes they can require you to give them their property back.
The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijw64n
iiikp7c
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
They 100% can make you repay that money back when (not if) they discover the error.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijw64n
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
10% exactly? Did they maybe forget to take your taxes out of your checks? Double check your paystubs and talk to them about it.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
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"Hitting the bank account" isn't what matters. What matters is what's on your paystub. Maybe something is off with withholdings and deductions. Just seeing the final net deposit doesn't really tell you anything.
The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijw64n
iijugol
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
Validate the error you think they are making with your paycheck now. 1999 I was being overpaid. They agreed to a pay increase after 3 months, and I got the pay increase. Turns out it was in error (I was young, green, new to being employed). I had to take a pay adjustment (cut) for MONTHS until I repaid the monies in question. Totally not worth the headache and hassle of getting caught months down the line. They will come for their pound of flesh, even if it's their own error.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijw64n
iiiyt7o
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijw64n
iij5a0g
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The number of people I've come across on Reddit who misunderstand pay stubs is quite shocking, so with all due respect, I'd suggest that you confirm that you are, in fact, getting overpaid. Sometimes it's a matter of getting paid every two weeks (annual pay/26) vs twice a month (annual pay/24). Sometimes it's more complicated than that, with pretax deductions and all that. Since it's a small company, your first step might be to sit down with the payroll specialist and ask them to explain the pay stub to you. If the outcome is that you were being overpaid, you'll discover that together, in good faith, and discuss the way forward.
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
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legaladvice_train
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Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiikldu
iiikzkr
1,659,366,557
1,659,366,722
25
68
If you have property that rightfully belongs to them, which is the 10% extra, then yes they can require you to give them their property back.
Imagine if the situation was reversed and you were underpaid. You’d contact them for the money and expect a check right? They can figure it out and do the same. Depends where this is how they can recover it (straight from check/consent/ how much) and how long they have to figure this out. But many places this is measured in years. It’s not criminal, but assuming us you’re most likely at will and they can decide to fire you
0
165
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wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiikp7c
iiikzkr
1,659,366,602
1,659,366,722
12
68
They 100% can make you repay that money back when (not if) they discover the error.
Imagine if the situation was reversed and you were underpaid. You’d contact them for the money and expect a check right? They can figure it out and do the same. Depends where this is how they can recover it (straight from check/consent/ how much) and how long they have to figure this out. But many places this is measured in years. It’s not criminal, but assuming us you’re most likely at will and they can decide to fire you
0
120
5.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iij0hiu
iiikldu
1,659,372,793
1,659,366,557
36
25
Confirm on paystub; it could be statutory taxes are lower and you are getting more take home pay. If you are being overpaid you need to bring it to their attention. It’s the right thing to do.
If you have property that rightfully belongs to them, which is the 10% extra, then yes they can require you to give them their property back.
1
6,236
1.44
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiikp7c
iij0hiu
1,659,366,602
1,659,372,793
12
36
They 100% can make you repay that money back when (not if) they discover the error.
Confirm on paystub; it could be statutory taxes are lower and you are getting more take home pay. If you are being overpaid you need to bring it to their attention. It’s the right thing to do.
0
6,191
3
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iij0hiu
iiiyt7o
1,659,372,793
1,659,372,158
36
3
Confirm on paystub; it could be statutory taxes are lower and you are getting more take home pay. If you are being overpaid you need to bring it to their attention. It’s the right thing to do.
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
1
635
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wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiiyt7o
iijfwaj
1,659,372,158
1,659,378,697
3
10
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
10% exactly? Did they maybe forget to take your taxes out of your checks? Double check your paystubs and talk to them about it.
0
6,539
3.333333
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijfwaj
iij5a0g
1,659,378,697
1,659,374,625
10
3
10% exactly? Did they maybe forget to take your taxes out of your checks? Double check your paystubs and talk to them about it.
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
1
4,072
3.333333
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiiyt7o
iijlr2v
1,659,372,158
1,659,380,970
3
8
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
"Hitting the bank account" isn't what matters. What matters is what's on your paystub. Maybe something is off with withholdings and deductions. Just seeing the final net deposit doesn't really tell you anything.
0
8,812
2.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iij5a0g
iijlr2v
1,659,374,625
1,659,380,970
3
8
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
"Hitting the bank account" isn't what matters. What matters is what's on your paystub. Maybe something is off with withholdings and deductions. Just seeing the final net deposit doesn't really tell you anything.
0
6,345
2.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iijugol
iijx8l4
1,659,384,343
1,659,385,409
5
6
Validate the error you think they are making with your paycheck now. 1999 I was being overpaid. They agreed to a pay increase after 3 months, and I got the pay increase. Turns out it was in error (I was young, green, new to being employed). I had to take a pay adjustment (cut) for MONTHS until I repaid the monies in question. Totally not worth the headache and hassle of getting caught months down the line. They will come for their pound of flesh, even if it's their own error.
Companies sometimes will pay statutory holidays and vacation pay (prorated throughout the year) on each paycheck and it comes out to 10percent if you have 2 weeks holiday per year. They do this to not “owe” vacation pay to their employees. When you take your vacation you just don’t get paid. (Canada)
0
1,066
1.2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iik6dka
iijugol
1,659,388,891
1,659,384,343
6
5
Best to be honest.
Validate the error you think they are making with your paycheck now. 1999 I was being overpaid. They agreed to a pay increase after 3 months, and I got the pay increase. Turns out it was in error (I was young, green, new to being employed). I had to take a pay adjustment (cut) for MONTHS until I repaid the monies in question. Totally not worth the headache and hassle of getting caught months down the line. They will come for their pound of flesh, even if it's their own error.
1
4,548
1.2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiiyt7o
iijugol
1,659,372,158
1,659,384,343
3
5
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
Validate the error you think they are making with your paycheck now. 1999 I was being overpaid. They agreed to a pay increase after 3 months, and I got the pay increase. Turns out it was in error (I was young, green, new to being employed). I had to take a pay adjustment (cut) for MONTHS until I repaid the monies in question. Totally not worth the headache and hassle of getting caught months down the line. They will come for their pound of flesh, even if it's their own error.
0
12,185
1.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iij5a0g
iijugol
1,659,374,625
1,659,384,343
3
5
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
Validate the error you think they are making with your paycheck now. 1999 I was being overpaid. They agreed to a pay increase after 3 months, and I got the pay increase. Turns out it was in error (I was young, green, new to being employed). I had to take a pay adjustment (cut) for MONTHS until I repaid the monies in question. Totally not worth the headache and hassle of getting caught months down the line. They will come for their pound of flesh, even if it's their own error.
0
9,718
1.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiiyt7o
iijx8l4
1,659,372,158
1,659,385,409
3
6
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
Companies sometimes will pay statutory holidays and vacation pay (prorated throughout the year) on each paycheck and it comes out to 10percent if you have 2 weeks holiday per year. They do this to not “owe” vacation pay to their employees. When you take your vacation you just don’t get paid. (Canada)
0
13,251
2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iij5a0g
iijx8l4
1,659,374,625
1,659,385,409
3
6
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
Companies sometimes will pay statutory holidays and vacation pay (prorated throughout the year) on each paycheck and it comes out to 10percent if you have 2 weeks holiday per year. They do this to not “owe” vacation pay to their employees. When you take your vacation you just don’t get paid. (Canada)
0
10,784
2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iiiyt7o
iik6dka
1,659,372,158
1,659,388,891
3
6
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
Best to be honest.
0
16,733
2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iik6dka
iij5a0g
1,659,388,891
1,659,374,625
6
3
Best to be honest.
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
1
14,266
2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikl6du
iikqilk
1,659,394,971
1,659,397,326
4
5
Are you working an off shift? This could be a shift differential. Check your paystub for a 10% shift differential or similar.
As hard as it is, the best course of action is to do the right thing and tell them you believe you're being overpaid as this will have much fewer repercussions for you. However, like someone said, a lot of people misunderstand their paystubs. You might be getting paid the correct amount. Go to payroll and ask them to go over your paystub with you. You'll find out then if you're being overpaid or not. And a little anecdote that applies here... A few years ago, 1⁄3 of the people who work for my employer were overpaid one payday. They received three deposits for the same amount into their accounts. Some people chose to keep quiet about it and spend the money. Others were honest and brought it to the attention of the payroll department. The result was an announcement Monday or Tuesday letting everyone know they were aware of the overpayment and would have two of the transactions reversed immediately. Anyone who experienced an overdraft charge as a result of this was to inform payroll. There were a few people who were in financial trouble from this as they chose to spend the money that didn't rightfully belong to them. Moral of the story: Be honest.
0
2,355
1.25
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikl6du
iiiyt7o
1,659,394,971
1,659,372,158
4
3
Are you working an off shift? This could be a shift differential. Check your paystub for a 10% shift differential or similar.
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
1
22,813
1.333333
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iij5a0g
iikl6du
1,659,374,625
1,659,394,971
3
4
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
Are you working an off shift? This could be a shift differential. Check your paystub for a 10% shift differential or similar.
0
20,346
1.333333
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikjzse
iikl6du
1,659,394,466
1,659,394,971
2
4
You need to also check if you are being paid biweekly or bimonthly. Sometimes that can lead to a 5-10% difference in paycheck ? If you are paid every 2 weeks - that is biweekly. This way you get 26 paychecks a year. If you are paid twice a month, that is bimonthly. This way you get 24 paychecks a year.
Are you working an off shift? This could be a shift differential. Check your paystub for a 10% shift differential or similar.
0
505
2
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikqilk
iiiyt7o
1,659,397,326
1,659,372,158
5
3
As hard as it is, the best course of action is to do the right thing and tell them you believe you're being overpaid as this will have much fewer repercussions for you. However, like someone said, a lot of people misunderstand their paystubs. You might be getting paid the correct amount. Go to payroll and ask them to go over your paystub with you. You'll find out then if you're being overpaid or not. And a little anecdote that applies here... A few years ago, 1⁄3 of the people who work for my employer were overpaid one payday. They received three deposits for the same amount into their accounts. Some people chose to keep quiet about it and spend the money. Others were honest and brought it to the attention of the payroll department. The result was an announcement Monday or Tuesday letting everyone know they were aware of the overpayment and would have two of the transactions reversed immediately. Anyone who experienced an overdraft charge as a result of this was to inform payroll. There were a few people who were in financial trouble from this as they chose to spend the money that didn't rightfully belong to them. Moral of the story: Be honest.
Did you check you paystubs. You need to get with them and figure it out. It’s the right thing to do. Sooner or later they will more than likely figure it out and ask for or take it back.
1
25,168
1.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikqilk
iij5a0g
1,659,397,326
1,659,374,625
5
3
As hard as it is, the best course of action is to do the right thing and tell them you believe you're being overpaid as this will have much fewer repercussions for you. However, like someone said, a lot of people misunderstand their paystubs. You might be getting paid the correct amount. Go to payroll and ask them to go over your paystub with you. You'll find out then if you're being overpaid or not. And a little anecdote that applies here... A few years ago, 1⁄3 of the people who work for my employer were overpaid one payday. They received three deposits for the same amount into their accounts. Some people chose to keep quiet about it and spend the money. Others were honest and brought it to the attention of the payroll department. The result was an announcement Monday or Tuesday letting everyone know they were aware of the overpayment and would have two of the transactions reversed immediately. Anyone who experienced an overdraft charge as a result of this was to inform payroll. There were a few people who were in financial trouble from this as they chose to spend the money that didn't rightfully belong to them. Moral of the story: Be honest.
I would let them know and pay it back as soon as possible. The longer you let it go before it is caught the more complicated it is going to be to unwind. Think things like taxes paid and 401k contributions.
1
22,701
1.666667
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikqilk
iikjzse
1,659,397,326
1,659,394,466
5
2
As hard as it is, the best course of action is to do the right thing and tell them you believe you're being overpaid as this will have much fewer repercussions for you. However, like someone said, a lot of people misunderstand their paystubs. You might be getting paid the correct amount. Go to payroll and ask them to go over your paystub with you. You'll find out then if you're being overpaid or not. And a little anecdote that applies here... A few years ago, 1⁄3 of the people who work for my employer were overpaid one payday. They received three deposits for the same amount into their accounts. Some people chose to keep quiet about it and spend the money. Others were honest and brought it to the attention of the payroll department. The result was an announcement Monday or Tuesday letting everyone know they were aware of the overpayment and would have two of the transactions reversed immediately. Anyone who experienced an overdraft charge as a result of this was to inform payroll. There were a few people who were in financial trouble from this as they chose to spend the money that didn't rightfully belong to them. Moral of the story: Be honest.
You need to also check if you are being paid biweekly or bimonthly. Sometimes that can lead to a 5-10% difference in paycheck ? If you are paid every 2 weeks - that is biweekly. This way you get 26 paychecks a year. If you are paid twice a month, that is bimonthly. This way you get 24 paychecks a year.
1
2,860
2.5
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iikjzse
iilctgl
1,659,394,466
1,659,407,327
2
3
You need to also check if you are being paid biweekly or bimonthly. Sometimes that can lead to a 5-10% difference in paycheck ? If you are paid every 2 weeks - that is biweekly. This way you get 26 paychecks a year. If you are paid twice a month, that is bimonthly. This way you get 24 paychecks a year.
I would double and triple check your Calculations first and sleep on it.
0
12,861
1.5
wdjn59
legaladvice_train
0.94
Just started a new job. First couple paychecks hit the bank account. Turns out they are paying me about 10% higher than the agreed upon salary. What am I required to do? Can they take action against me for not reporting the error and seek damages of any kind? Should I tell then I'm being overpayed or just ignore it and take advantage while it lasts? For added context this is a small company, 30 employees or so.
iil9fq4
iilctgl
1,659,405,784
1,659,407,327
2
3
Whatever you do, make sure you get it in writing
I would double and triple check your Calculations first and sleep on it.
0
1,543
1.5
2gxrku
legaladvice_train
0.85
[Arkansas] My 16 yr old friend believes his mother is taking tens of thousands of dollars out of his bank account to spend for herself without his permission. She's denying it, but he says he's missing over 20k and he believes it is her doing. He says if he can prove she did it, he's going to sue her. What can he do and what should he do?
cknhlnw
cknlc0c
1,411,203,660
1,411,222,256
10
13
I am not a lawyer. There's not really much he can do as everything he makes belongs to her. His best bet is to try to find some other place to put his money until he turns 18, and then get his own bank account.
20k is missing. the other person with legal rights to the money is stating that she didn't take it. therefore, a theft has occured. call the police and report the theft.
0
18,596
1.3
hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv59nfr
fv5diuq
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This is real lawyer territory.
Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
0
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5diuq
fv59yz4
1,592,419,042
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Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
Definitley speak to a lawyer and dont feel shitty about your partner helping you, he wants to.
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5diuq
fv5d1ad
1,592,419,042
1,592,418,806
552
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Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
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hawkvp
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5diuq
fv5cdfh
1,592,419,042
1,592,418,485
552
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Where the error came into effect is going to impact who is responsible. Was your bank served with your exact info? If the answer is no - for example, the name or birthdate is wrong - this may be their fault. That is good for you. Did the child support enforcement wrongly serve your bank with your information, when they should have known otherwise? Then this may be their fault, and you could have an action against them (and they can pay). The concern is if the mother is the one at fault - ie, she willfully put wrong information into court and it happened to land on you - because while there may be criminal liability on her part (she will have sworn affidavits using your name, which is wrong), the reality is she is (probably) broke and therefore judgment proof. Step 1- get all of the documentation you can. Step 2- find out where the screw up happened. At least one person (or organization) is at fault, and once you know who it is, if they won’t deal with you then sue them.
Did you confirm whether it was the state of Michigan’s fault or did your bank confuse you with another customer of theirs?
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hawkvp
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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Your first step should be to get a copy of the garnishment. You should be able to file an objection in Michigan objecting to the garnishment. You may also have a recourse against the bank as others have suggested.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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hawkvp
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv59yz4
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Definitley speak to a lawyer and dont feel shitty about your partner helping you, he wants to.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv8b0gb
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My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
Take it to your congressperson and make a stink.
1
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5d1ad
fv8b0gb
1,592,418,806
1,592,486,958
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The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
0
68,152
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5cdfh
fv8b0gb
1,592,418,485
1,592,486,958
57
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Did you confirm whether it was the state of Michigan’s fault or did your bank confuse you with another customer of theirs?
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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So sorry OP that this Is happening to you. What a nightmare! Aside from trying to obtain a lawyer you should also place a complaint with the CFPB and the Attorney Generals in both states, maybe also contact your local state Representative. They might be able to provide some assistance or guidance as well.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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Your banks will have garnishment depts. Someone that verifies that you are the same person listed on the account and that the account is able to be garnished. You need to get a copy of the garnishment, if it was served to a branch, usually that branch will have a copy. The bank should also have a legal department that would have also reviewed the garnishment.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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*Not licensed in Florida or Michigan Talk to an attorney licensed in Florida. Florida recognizes spousal joint bank accounts as property held in a tenancy by entirety. This *may* help you out.
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
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CFPB ASAP
My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
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hawkvp
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv8b0gb
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My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
Not a lawyer I would start by contacting your bank in person and the the Michigan Attorney Generals office and see what they say. If nothing else, they can direct you.
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