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2q6abj
| 53 |
Roommate salted garden before moving out legal options? I rent a house. I had a roommate who moved out at the end of the lease in August. She did not leave on good terms and she salted the garden before she left. I knew that the roommate had pulled up several plants in the garden as well as smashing tomatoes on the ground before leaving but I didn t know she had salted it. I was informed of this yesterday by a mutual friend who recently had a falling out with this roommate. The roommate had planted the garden in the spring and was upset that I would not reimburse her for the cost of the plants when she was asked to leave in August. She threatened to sue me in small claims court over several issues and wrote up a complaint which included a request for the reimbursement of the plants. Thus I think a preponderance of the evidence would point to this roommate being the person who salted the garden even if our mutual friend didn t want to get involved. We were jointly and severally liable on the lease. I paid the entire security deposit (yes I was an idiot) and would like all of that money back when I move out. What should I do at this point? Replace the dirt and move on with my life? Replace the dirt and start the process of small claims court suing her for the costs? Have the garden professionally fixed and sue her for that? Edit for location: Indiana
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Farmer gardener here: I d not replace the dirt but mulch heavily (see: lasagna gardening or sheet mulching) and plant cover crops for tillage (buckwheat clover) as well as nitrogen fixers (legumes like beans and peas) for a season as well as restorative crops like sunflowers and other annuals. Sunflowers shouldn t mind the salt as they go deep. Tomatoes are hearty as well I d still try transplants. Also you could just install raised beds above the old bed and by the time the plants grow down to the weed barrier above and through the old bed they ll be fine. Don t forget to post a pic of your victory garden to r gardening.
|
Wow. That s an amazing new level of crazy clever. Well you can fix it and sue her for the costs of repairs.
| 82 | 21 |
2q6abj
| 53 |
Roommate salted garden before moving out legal options? I rent a house. I had a roommate who moved out at the end of the lease in August. She did not leave on good terms and she salted the garden before she left. I knew that the roommate had pulled up several plants in the garden as well as smashing tomatoes on the ground before leaving but I didn t know she had salted it. I was informed of this yesterday by a mutual friend who recently had a falling out with this roommate. The roommate had planted the garden in the spring and was upset that I would not reimburse her for the cost of the plants when she was asked to leave in August. She threatened to sue me in small claims court over several issues and wrote up a complaint which included a request for the reimbursement of the plants. Thus I think a preponderance of the evidence would point to this roommate being the person who salted the garden even if our mutual friend didn t want to get involved. We were jointly and severally liable on the lease. I paid the entire security deposit (yes I was an idiot) and would like all of that money back when I move out. What should I do at this point? Replace the dirt and move on with my life? Replace the dirt and start the process of small claims court suing her for the costs? Have the garden professionally fixed and sue her for that? Edit for location: Indiana
|
Farmer gardener here: I d not replace the dirt but mulch heavily (see: lasagna gardening or sheet mulching) and plant cover crops for tillage (buckwheat clover) as well as nitrogen fixers (legumes like beans and peas) for a season as well as restorative crops like sunflowers and other annuals. Sunflowers shouldn t mind the salt as they go deep. Tomatoes are hearty as well I d still try transplants. Also you could just install raised beds above the old bed and by the time the plants grow down to the weed barrier above and through the old bed they ll be fine. Don t forget to post a pic of your victory garden to r gardening.
|
That s some biblical stuff there damn. If you have access to a garden shop or a nursery you could ask them how to fix it and then take her to small claims for the cost.
| 82 | 28 |
2q72g6
| 185 |
I am responsible for transporting my daughter between my home and my ex-wife s home. She moved almost 4 hours away without notifying the court or me. Iowa. According to our agreement through the court I am responsible for transportation of our daughter. My obligation is to drive her to my ex-wife s residence and pick her up from my ex-wife s residence and her address is printed at the top of the document. It states If agreed upon by both parents the transfer of physical custody may be made at an alternative location such as a school to facilitate convenience when necessary. It also states that if either of us wish to move more than ten miles from another we must come to a mutual agreement and notify the court or if we don t agree we have to ask the court for permission to move. If moving within 10 miles we have to send notice in writing to the other parent as well as the court at least 10 days prior to the effective date of the move. My daughter is supposed to go to her mom s from noon on Christmas to noon on the 28th. She sent me a text today at 10 AM saying that over the course of the past week she moved. We both lived in Fort Dodge Iowa but she has moved to Burlington Iowa and she admits that she did not get permission from the court or notify anyone in any way. Obviously this is a HUGE change that our child does not even know about yet. We are going to have a lot to work through in terms of stability because a parent moving suddenly is NOT stable and not good for her. But beyond that there is the issue that according to our current custody agreement she will start spending 8 hours a week in a car being moved back and forth. It s 3 hours and 52 minutes away according to Google Maps. She said we will want to leave half an hour early because the roads will be bad on Christmas day. If I have to transport my daughter that means that we will have to leave my house at 7:30-8 AM. She will not get to see my family open gifts etc. Half her Christmas will be spent in the car. It is my opinion (as a non legal expert just as an angry parent whose daughter is going to have to spend four hours of her Christmas day riding in a car) that my wife should be responsible for transportation on that day. In fact I would like to say our daughter should spend the whole day with me so that she doesn t spend 4 hours in the car but I know seeing her mom as she expects to is important for her stability-wise. I know we will probably need to handle this through the court. I am hoping to have it done before my daughter is supposed to start school again (otherwise that will be an absolute nightmare) - but I m guessing that won t happen before Christmas day and I m not sure what my legal obligation is for Christmas day. The agreement says I have to transport her to my ex-wife s residence but her residence is no longer the same as the one listed on the agreement...so where does that leave us? I reached out to my lawyer but I know that he is out of state and I am not sure if I will get a response. I am going to start calling around to others to see if I can get an appointment but I d appreciate anyone s thoughts if you have any thank you.
|
Document document document. Have you asked your ex if she will meet you halfway outlining the issues above (time to open presents see family etc)? Ask if she ll meet you at 1230 instead of 12 and meet halfway. And of course ask in a documentable form. Just ask surprised but accommodating due to the suddenness of the change. If she refuses you might still go the whole way but let her know that you will have to work something out that makes more sense for transportation for the future. Be vague appear reasonable and be sure to state what is best for the child. Then you can work on a new custody agreement after the holidays. At the very least taking the gee this is unexpected and can you work with me so she doesn t get shafted on Christmas day? approach will help you later in court. Especially if she responds with a fireball and acts unreasonable.
|
> I know we will probably need to handle this through the court - but I m guessing that won t happen before Christmas day and I m not sure what my legal obligation is for Christmas day. The agreement says I have to transport her to my ex-wife s residence but her residence is no longer the same as the one listed on the agreement...so where does that leave us? > I reached out to my lawyer but I know that he is out of state and I am not sure if I will get a response. I am going to start calling around to others to see if I can get an appointment but I d appreciate anyone s thoughts if you have any thank you. You re doing exactly what you re supposed to do. Keep doing it.
| 103 | 49 |
2qe05c
| 348 |
Dear r LegalAdvice Santa Clause please bring us an update on u mattolol and his self-landlocked neighbor for Christmas! I m dying to hear how this gets resolved. Original post [here](https: www.reddit.com r legaladvice comments 2o3g9g neighbors_stupidly_caused_themselves_to_be ). Update post [here](https: www.reddit.com r legaladvice comments 2ooy1x update_my_neighbors_caused_themselves_to_be ). Also to make LocationBot happy Minnesota.
|
I have been checking this subreddit every day to get an update on this case. I find it absurdly interesting.
|
Agreed
| 89 | 3 |
2qe05c
| 348 |
Dear r LegalAdvice Santa Clause please bring us an update on u mattolol and his self-landlocked neighbor for Christmas! I m dying to hear how this gets resolved. Original post [here](https: www.reddit.com r legaladvice comments 2o3g9g neighbors_stupidly_caused_themselves_to_be ). Update post [here](https: www.reddit.com r legaladvice comments 2ooy1x update_my_neighbors_caused_themselves_to_be ). Also to make LocationBot happy Minnesota.
|
I have been checking this subreddit every day to get an update on this case. I find it absurdly interesting.
|
Oh hell yes.
| 89 | 14 |
2qg6bb
| 81 |
Neighbours left me an angry letter and threatened to call the cops because someone mistook their house for mine I live in an attached house and after my boyfriend and I had a Christmas Eve party the neighbours left me an angry letter in the mailbox. At first I thought it was because of the noise but it wasn t. They were angry because someone mistook their house for ours. The person tried to open the door once and it was locked so they knocked. The neighbours answered the door and when the person saw that it wasn t the right house they apologized and left. These are basic facts written by both the neighbour in the letter and by the person who went to the wrong house. However in the letter the neighbour completely exaggerates everything. He goes on for a good page about how terrified he was and thank God his door was locked etc. And than he claims we constantly have people coming in and out of our house without knocking. Which is untrue. Obviously my boyfriend and I go in and out. Sometimes we tell friends they can just come in but we rarely have people over (I can think of three occasions this year lol) and it has never been more than maybe 5 or 6 people. I understand it would be frightening but no one actually went into his house. It was an honest mistake. I didn t know about it until after the letter or I would have apologized. I left an apology note because it was late at night when I found it. He says if it ever happens again or if he sees the person go to my house (even if they dont knock on his door??) Hes going to call the cops... Obviously he can call the cops for just about any reason on my house. But I can t actually get in trouble for this? Can I? Edit: location is Canada. And I have warned my friends to make sure they have the right house already and will do so again when they actually come over again.
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Of course you can t get in trouble for this. Your neighbor is ridiculous. I would try apologizing to him in person. Not because you did anything wrong but because you do not want crazy neighbors feeling antagonist towards you. Apologize that your friend scared him and say you ll do something like tie a balloon to the mailbox so future guests know which home is ours. Again you shouldn t have to - and your neighbor shouldn t write stupid letters - but this should get you what you want.
|
I don t see any laws being broken here. Just tell anybody who comes over to be careful to leave the neighbors alone.
| 118 | 18 |
2qnzv1
| 1,090 |
Stuck in a restaurant and they will not let me leave. I am at Dinner with my SO and we have been here a while. Dinner took an hour to get here. Food was subpar. As I was going to pay the computers crashed and no payments could be made. They have held me for an additional hour and a half and people are getting angry. I am angry and very upset. People have threatened to call the cops. The manager has said that they would only keep us on the premises as we would be stealing if we left. What should I do what can I do? I do not have enough cash to cover the bill. **Update:** The Manager was physically barring the doors and preventing people from leaving. He denied new parties from entering and denied his existing patrons from leaving. Some times physically shoving some people and shouting rude things at others who were video taping or on their phones. Kids were present too which is just kind of douchey. I asked for a Way for them to take my information and they said it was not in my interest as it could lead to credit card theft. (Learn to be a responsible business?) I called the cops and they arrived and talked to the manager first. He was stating how we (the patrons) were wanting to leave and trying to steal from him that we were antagonizing him and that he wanted to press charges on all of us. The manager was then put aside and the cops talked to us (the patrons). We told them what happened and some of the other parties showed video of what was happening. The cops called back up and then arrested the manager for illegal detainment. The cops then asked us if we wanted to sign a paper if we would be willing to press charges. Most of us elected to do so. After that contact info was collected some videos were copied and we were free to go! There were around 13 parties of us effected by this. Probably 50 or so people not including his staff. For those wondering about the location it was a major restaurant chain in Central Florida. **Update 2:** I have a meeting at a law firm Monday afternoon. Several people have asked me to put the name of the company back on this post. If the law firm says it is okay to along with the location I will. I will inquire about videos as well and link if that is an option. As far as reporting to local news I would rather not. The idea of being harassed by people law firms and media is terrifying. I would rather that not be an issue. If someone else wants to take the limelight go ahead. I don t want it. **Update 3:** Talked with the law firm Monday and there are a few other parties using this service as well. The lawyers have advised me from putting anymore information out on the web. Companies when presented with a lawsuit get really nitpicky with content to try and launch a counter sue. When they do that they will contact the law firm and try to settle it out of court to have mercy on the afflicted party(ies). So I will not be releasing the name of the company or location any more specifically to prevent a defamation lawsuit. (Which can still happen even if I am being truthful but I just forgot something. See Nitpicky: above) As of now everything is going great and we will be filing soon. Will update when the case is said and done with the outcome. Thank you all so much for the help. You guys are the best. :) **Edit:** made the update more detailed as per request. **Edit2:** Typos and formatting. **Final Edit June 8th 2015:** I still receive a lot of PM s asking about the outcome of this. Here is what I can say. Myself and the other parties went to court. I cannot tell you the name of the establishment or the firm representing us but I can say that it went very well (for us). I cannot divulge any specifics of the case either. We had a final verdict exactly three weeks ago. Thank you everyone for your help and support. It was a pretty crazy experience but it did turn out for the better. Once again thank you. Especially for the funny comments about unemployment benefits especially yours u ew73
|
Dear OP. Thanks for updating us. -Everyone.
|
Yay! Thanks for the update! I am glad that manager is facing charges.
| 707 | 10 |
2qnzv1
| 1,090 |
Stuck in a restaurant and they will not let me leave. I am at Dinner with my SO and we have been here a while. Dinner took an hour to get here. Food was subpar. As I was going to pay the computers crashed and no payments could be made. They have held me for an additional hour and a half and people are getting angry. I am angry and very upset. People have threatened to call the cops. The manager has said that they would only keep us on the premises as we would be stealing if we left. What should I do what can I do? I do not have enough cash to cover the bill. **Update:** The Manager was physically barring the doors and preventing people from leaving. He denied new parties from entering and denied his existing patrons from leaving. Some times physically shoving some people and shouting rude things at others who were video taping or on their phones. Kids were present too which is just kind of douchey. I asked for a Way for them to take my information and they said it was not in my interest as it could lead to credit card theft. (Learn to be a responsible business?) I called the cops and they arrived and talked to the manager first. He was stating how we (the patrons) were wanting to leave and trying to steal from him that we were antagonizing him and that he wanted to press charges on all of us. The manager was then put aside and the cops talked to us (the patrons). We told them what happened and some of the other parties showed video of what was happening. The cops called back up and then arrested the manager for illegal detainment. The cops then asked us if we wanted to sign a paper if we would be willing to press charges. Most of us elected to do so. After that contact info was collected some videos were copied and we were free to go! There were around 13 parties of us effected by this. Probably 50 or so people not including his staff. For those wondering about the location it was a major restaurant chain in Central Florida. **Update 2:** I have a meeting at a law firm Monday afternoon. Several people have asked me to put the name of the company back on this post. If the law firm says it is okay to along with the location I will. I will inquire about videos as well and link if that is an option. As far as reporting to local news I would rather not. The idea of being harassed by people law firms and media is terrifying. I would rather that not be an issue. If someone else wants to take the limelight go ahead. I don t want it. **Update 3:** Talked with the law firm Monday and there are a few other parties using this service as well. The lawyers have advised me from putting anymore information out on the web. Companies when presented with a lawsuit get really nitpicky with content to try and launch a counter sue. When they do that they will contact the law firm and try to settle it out of court to have mercy on the afflicted party(ies). So I will not be releasing the name of the company or location any more specifically to prevent a defamation lawsuit. (Which can still happen even if I am being truthful but I just forgot something. See Nitpicky: above) As of now everything is going great and we will be filing soon. Will update when the case is said and done with the outcome. Thank you all so much for the help. You guys are the best. :) **Edit:** made the update more detailed as per request. **Edit2:** Typos and formatting. **Final Edit June 8th 2015:** I still receive a lot of PM s asking about the outcome of this. Here is what I can say. Myself and the other parties went to court. I cannot tell you the name of the establishment or the firm representing us but I can say that it went very well (for us). I cannot divulge any specifics of the case either. We had a final verdict exactly three weeks ago. Thank you everyone for your help and support. It was a pretty crazy experience but it did turn out for the better. Once again thank you. Especially for the funny comments about unemployment benefits especially yours u ew73
|
Dear OP. Thanks for updating us. -Everyone.
|
OP. Make a YouTube video of you and the other hostages being held and post it. And make sure everyone visits this place on yelp to tell their story.
| 707 | 23 |
2qnzv1
| 1,090 |
Stuck in a restaurant and they will not let me leave. I am at Dinner with my SO and we have been here a while. Dinner took an hour to get here. Food was subpar. As I was going to pay the computers crashed and no payments could be made. They have held me for an additional hour and a half and people are getting angry. I am angry and very upset. People have threatened to call the cops. The manager has said that they would only keep us on the premises as we would be stealing if we left. What should I do what can I do? I do not have enough cash to cover the bill. **Update:** The Manager was physically barring the doors and preventing people from leaving. He denied new parties from entering and denied his existing patrons from leaving. Some times physically shoving some people and shouting rude things at others who were video taping or on their phones. Kids were present too which is just kind of douchey. I asked for a Way for them to take my information and they said it was not in my interest as it could lead to credit card theft. (Learn to be a responsible business?) I called the cops and they arrived and talked to the manager first. He was stating how we (the patrons) were wanting to leave and trying to steal from him that we were antagonizing him and that he wanted to press charges on all of us. The manager was then put aside and the cops talked to us (the patrons). We told them what happened and some of the other parties showed video of what was happening. The cops called back up and then arrested the manager for illegal detainment. The cops then asked us if we wanted to sign a paper if we would be willing to press charges. Most of us elected to do so. After that contact info was collected some videos were copied and we were free to go! There were around 13 parties of us effected by this. Probably 50 or so people not including his staff. For those wondering about the location it was a major restaurant chain in Central Florida. **Update 2:** I have a meeting at a law firm Monday afternoon. Several people have asked me to put the name of the company back on this post. If the law firm says it is okay to along with the location I will. I will inquire about videos as well and link if that is an option. As far as reporting to local news I would rather not. The idea of being harassed by people law firms and media is terrifying. I would rather that not be an issue. If someone else wants to take the limelight go ahead. I don t want it. **Update 3:** Talked with the law firm Monday and there are a few other parties using this service as well. The lawyers have advised me from putting anymore information out on the web. Companies when presented with a lawsuit get really nitpicky with content to try and launch a counter sue. When they do that they will contact the law firm and try to settle it out of court to have mercy on the afflicted party(ies). So I will not be releasing the name of the company or location any more specifically to prevent a defamation lawsuit. (Which can still happen even if I am being truthful but I just forgot something. See Nitpicky: above) As of now everything is going great and we will be filing soon. Will update when the case is said and done with the outcome. Thank you all so much for the help. You guys are the best. :) **Edit:** made the update more detailed as per request. **Edit2:** Typos and formatting. **Final Edit June 8th 2015:** I still receive a lot of PM s asking about the outcome of this. Here is what I can say. Myself and the other parties went to court. I cannot tell you the name of the establishment or the firm representing us but I can say that it went very well (for us). I cannot divulge any specifics of the case either. We had a final verdict exactly three weeks ago. Thank you everyone for your help and support. It was a pretty crazy experience but it did turn out for the better. Once again thank you. Especially for the funny comments about unemployment benefits especially yours u ew73
|
Dear OP. Thanks for updating us. -Everyone.
|
I would call the police. This is ridiculous.
| 707 | 36 |
2qnzv1
| 1,090 |
Stuck in a restaurant and they will not let me leave. I am at Dinner with my SO and we have been here a while. Dinner took an hour to get here. Food was subpar. As I was going to pay the computers crashed and no payments could be made. They have held me for an additional hour and a half and people are getting angry. I am angry and very upset. People have threatened to call the cops. The manager has said that they would only keep us on the premises as we would be stealing if we left. What should I do what can I do? I do not have enough cash to cover the bill. **Update:** The Manager was physically barring the doors and preventing people from leaving. He denied new parties from entering and denied his existing patrons from leaving. Some times physically shoving some people and shouting rude things at others who were video taping or on their phones. Kids were present too which is just kind of douchey. I asked for a Way for them to take my information and they said it was not in my interest as it could lead to credit card theft. (Learn to be a responsible business?) I called the cops and they arrived and talked to the manager first. He was stating how we (the patrons) were wanting to leave and trying to steal from him that we were antagonizing him and that he wanted to press charges on all of us. The manager was then put aside and the cops talked to us (the patrons). We told them what happened and some of the other parties showed video of what was happening. The cops called back up and then arrested the manager for illegal detainment. The cops then asked us if we wanted to sign a paper if we would be willing to press charges. Most of us elected to do so. After that contact info was collected some videos were copied and we were free to go! There were around 13 parties of us effected by this. Probably 50 or so people not including his staff. For those wondering about the location it was a major restaurant chain in Central Florida. **Update 2:** I have a meeting at a law firm Monday afternoon. Several people have asked me to put the name of the company back on this post. If the law firm says it is okay to along with the location I will. I will inquire about videos as well and link if that is an option. As far as reporting to local news I would rather not. The idea of being harassed by people law firms and media is terrifying. I would rather that not be an issue. If someone else wants to take the limelight go ahead. I don t want it. **Update 3:** Talked with the law firm Monday and there are a few other parties using this service as well. The lawyers have advised me from putting anymore information out on the web. Companies when presented with a lawsuit get really nitpicky with content to try and launch a counter sue. When they do that they will contact the law firm and try to settle it out of court to have mercy on the afflicted party(ies). So I will not be releasing the name of the company or location any more specifically to prevent a defamation lawsuit. (Which can still happen even if I am being truthful but I just forgot something. See Nitpicky: above) As of now everything is going great and we will be filing soon. Will update when the case is said and done with the outcome. Thank you all so much for the help. You guys are the best. :) **Edit:** made the update more detailed as per request. **Edit2:** Typos and formatting. **Final Edit June 8th 2015:** I still receive a lot of PM s asking about the outcome of this. Here is what I can say. Myself and the other parties went to court. I cannot tell you the name of the establishment or the firm representing us but I can say that it went very well (for us). I cannot divulge any specifics of the case either. We had a final verdict exactly three weeks ago. Thank you everyone for your help and support. It was a pretty crazy experience but it did turn out for the better. Once again thank you. Especially for the funny comments about unemployment benefits especially yours u ew73
|
Dear OP. Thanks for updating us. -Everyone.
|
Where is this? If near me I will come to liberate everyone.
| 707 | 45 |
2qnzv1
| 1,090 |
Stuck in a restaurant and they will not let me leave. I am at Dinner with my SO and we have been here a while. Dinner took an hour to get here. Food was subpar. As I was going to pay the computers crashed and no payments could be made. They have held me for an additional hour and a half and people are getting angry. I am angry and very upset. People have threatened to call the cops. The manager has said that they would only keep us on the premises as we would be stealing if we left. What should I do what can I do? I do not have enough cash to cover the bill. **Update:** The Manager was physically barring the doors and preventing people from leaving. He denied new parties from entering and denied his existing patrons from leaving. Some times physically shoving some people and shouting rude things at others who were video taping or on their phones. Kids were present too which is just kind of douchey. I asked for a Way for them to take my information and they said it was not in my interest as it could lead to credit card theft. (Learn to be a responsible business?) I called the cops and they arrived and talked to the manager first. He was stating how we (the patrons) were wanting to leave and trying to steal from him that we were antagonizing him and that he wanted to press charges on all of us. The manager was then put aside and the cops talked to us (the patrons). We told them what happened and some of the other parties showed video of what was happening. The cops called back up and then arrested the manager for illegal detainment. The cops then asked us if we wanted to sign a paper if we would be willing to press charges. Most of us elected to do so. After that contact info was collected some videos were copied and we were free to go! There were around 13 parties of us effected by this. Probably 50 or so people not including his staff. For those wondering about the location it was a major restaurant chain in Central Florida. **Update 2:** I have a meeting at a law firm Monday afternoon. Several people have asked me to put the name of the company back on this post. If the law firm says it is okay to along with the location I will. I will inquire about videos as well and link if that is an option. As far as reporting to local news I would rather not. The idea of being harassed by people law firms and media is terrifying. I would rather that not be an issue. If someone else wants to take the limelight go ahead. I don t want it. **Update 3:** Talked with the law firm Monday and there are a few other parties using this service as well. The lawyers have advised me from putting anymore information out on the web. Companies when presented with a lawsuit get really nitpicky with content to try and launch a counter sue. When they do that they will contact the law firm and try to settle it out of court to have mercy on the afflicted party(ies). So I will not be releasing the name of the company or location any more specifically to prevent a defamation lawsuit. (Which can still happen even if I am being truthful but I just forgot something. See Nitpicky: above) As of now everything is going great and we will be filing soon. Will update when the case is said and done with the outcome. Thank you all so much for the help. You guys are the best. :) **Edit:** made the update more detailed as per request. **Edit2:** Typos and formatting. **Final Edit June 8th 2015:** I still receive a lot of PM s asking about the outcome of this. Here is what I can say. Myself and the other parties went to court. I cannot tell you the name of the establishment or the firm representing us but I can say that it went very well (for us). I cannot divulge any specifics of the case either. We had a final verdict exactly three weeks ago. Thank you everyone for your help and support. It was a pretty crazy experience but it did turn out for the better. Once again thank you. Especially for the funny comments about unemployment benefits especially yours u ew73
|
Dear OP. Thanks for updating us. -Everyone.
|
Please OP...please provide the class with a far more detailed story. As a former restaurant everything I love hearing how the idiots of the industry manage to severely fuck up.
| 707 | 73 |
2qp996
| 29 |
My boss is trying to exploit me by pushing me into a prostitution ring At least that s what I think is happening. I m from the US. Yesterday I received[ a message from a guy who owns a local club.](http: i.imgur.com g4HAvlG.png) I thought it was a little uncomfortable and really not something I want to do so I told him no but then I m 99 percent sure he just gave away the fact that him and my boss are funneling girls from the cafe I work at to his club. I wasn t sure so I took a look at where the girls who had left the cafe were now working and sure enough... several of them now work for him. It could be a coincidence and I have no proof but it would be one BIG coincidence. I tried talking to friends to ask them what I should do and they ve told me that what him and my boss are doing is in no way illegal and by seeking to antagonize him I ll just be putting myself in danger and making things hard for myself. The reason I think it s also prostitution is because in the message he told me that for extras my pay would go higher. But that doesn t feel like good enough evidence. So what the hell do I do? Here are the things I m worried about: 1: I am worried I don t have enough evidence to prove anything 2: I have seen him and my boss talking so I know he definitely knows me. 3: His claim of work misconduct worries me because I do have work misconduct that my boss is not happy about. 4: Obviously I also don t want to be bullied into becoming a stripper. Do I have some kind of claim?
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Step 1: Quit that job.
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| 64 | 2 |
2qppnw
| 297 |
Car was about to hit me so I got out of the way. They hit the car behind me instead who is now suing me. Don t know if I need a lawyer of my own. Location Iowa - I was driving one night and realized an SUV was in my lane heading straight toward me and not showing any sign of slowing down. A police officer witnessed this and believed the driver to have been going between 60 and 65. The speed limit on this road is 25. In short I moved as fast as I could. I could not move to the right because there were concrete barriers up due to construction so I turned to the left doing as fast a U-turn as was possible. It was the oncoming lane but there were no cars in sight. Me being out of the way gave the SUV driver a couple extra seconds to brake before hitting the car behind me (the only other car on the road) but they did not. They hit that car head on and while the driver was not hurt at all his car was pretty mangled. At the scene the person behind me was being confrontational about the fact that I made an illegal maneuver to get out of the way and he was hit instead. He wanted me to be charged with reckless driving as well as some other things he came up with but the police officer said that I would not be charged because all I did was attempt to strategically avoid an accident. He said that in my position he would have done the same thing. It turned out the SUV driver was drunk and also uninsured. The car behind me only had basic liability. I stuck around to call an ambulance and be a witness for the cops if needed. Apparently during this time the car behind me took down my license plate number an gave it to his insurance and they tracked down my insurance. I have now been notified by my insurance that the driver is filing a claim against me and that if the claim fails they intend to sue. He s arguing that if I had not made the illegal maneuver of going into the lane to the left he would not have been hit as he was. He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. My insurance company says that their lawyers are evaluating the situation and will tell me when they know more. Do I need to get a lawyer of my own immediately or should I wait and see where this is going? I have never heard of a case like this before and I don t know how concerned I need to be. Thanks.
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Your insurance company will handle it. If they ve already told you that it means you don t need your own lawyer. Even if your insurance company decides to give this asshole some nuisance value settlement of a few grand it won t affect you. You re fine. You did the right thing. Continue cooperating with the insurance company. Also this: > He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. Is some really creative bullshit on this guy s part. I do insurance defense for a living and I have never ever seen anyone argue that different levels of insurance coverage are a foreseeable circumstance in an accident such that it should govern your behavior. Foreseeable behavior really just includes actions you would take to avoid being in the accident and or being injured which you did. I mean it s utter bullshit and completely wrong but it s creative. He s just trying to get a payday after failing to pay for sufficient insurance coverage for himself.
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The guy is probably pissed that he s lost his car and is just trying to go after whoever has the deepest pockets. Your insurance company will defend you. Please keep us updated I want to know how this turns out.
| 102 | 9 |
2qppnw
| 297 |
Car was about to hit me so I got out of the way. They hit the car behind me instead who is now suing me. Don t know if I need a lawyer of my own. Location Iowa - I was driving one night and realized an SUV was in my lane heading straight toward me and not showing any sign of slowing down. A police officer witnessed this and believed the driver to have been going between 60 and 65. The speed limit on this road is 25. In short I moved as fast as I could. I could not move to the right because there were concrete barriers up due to construction so I turned to the left doing as fast a U-turn as was possible. It was the oncoming lane but there were no cars in sight. Me being out of the way gave the SUV driver a couple extra seconds to brake before hitting the car behind me (the only other car on the road) but they did not. They hit that car head on and while the driver was not hurt at all his car was pretty mangled. At the scene the person behind me was being confrontational about the fact that I made an illegal maneuver to get out of the way and he was hit instead. He wanted me to be charged with reckless driving as well as some other things he came up with but the police officer said that I would not be charged because all I did was attempt to strategically avoid an accident. He said that in my position he would have done the same thing. It turned out the SUV driver was drunk and also uninsured. The car behind me only had basic liability. I stuck around to call an ambulance and be a witness for the cops if needed. Apparently during this time the car behind me took down my license plate number an gave it to his insurance and they tracked down my insurance. I have now been notified by my insurance that the driver is filing a claim against me and that if the claim fails they intend to sue. He s arguing that if I had not made the illegal maneuver of going into the lane to the left he would not have been hit as he was. He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. My insurance company says that their lawyers are evaluating the situation and will tell me when they know more. Do I need to get a lawyer of my own immediately or should I wait and see where this is going? I have never heard of a case like this before and I don t know how concerned I need to be. Thanks.
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Your insurance company will handle it. If they ve already told you that it means you don t need your own lawyer. Even if your insurance company decides to give this asshole some nuisance value settlement of a few grand it won t affect you. You re fine. You did the right thing. Continue cooperating with the insurance company. Also this: > He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. Is some really creative bullshit on this guy s part. I do insurance defense for a living and I have never ever seen anyone argue that different levels of insurance coverage are a foreseeable circumstance in an accident such that it should govern your behavior. Foreseeable behavior really just includes actions you would take to avoid being in the accident and or being injured which you did. I mean it s utter bullshit and completely wrong but it s creative. He s just trying to get a payday after failing to pay for sufficient insurance coverage for himself.
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As said let your insurance handle it for now. The reason they are going after you is you have a policy money. The other driver probably has no assets so he s a dead end. Sounds like a hail mary and they are hoping your insurance will settle.
| 102 | 10 |
2qppnw
| 297 |
Car was about to hit me so I got out of the way. They hit the car behind me instead who is now suing me. Don t know if I need a lawyer of my own. Location Iowa - I was driving one night and realized an SUV was in my lane heading straight toward me and not showing any sign of slowing down. A police officer witnessed this and believed the driver to have been going between 60 and 65. The speed limit on this road is 25. In short I moved as fast as I could. I could not move to the right because there were concrete barriers up due to construction so I turned to the left doing as fast a U-turn as was possible. It was the oncoming lane but there were no cars in sight. Me being out of the way gave the SUV driver a couple extra seconds to brake before hitting the car behind me (the only other car on the road) but they did not. They hit that car head on and while the driver was not hurt at all his car was pretty mangled. At the scene the person behind me was being confrontational about the fact that I made an illegal maneuver to get out of the way and he was hit instead. He wanted me to be charged with reckless driving as well as some other things he came up with but the police officer said that I would not be charged because all I did was attempt to strategically avoid an accident. He said that in my position he would have done the same thing. It turned out the SUV driver was drunk and also uninsured. The car behind me only had basic liability. I stuck around to call an ambulance and be a witness for the cops if needed. Apparently during this time the car behind me took down my license plate number an gave it to his insurance and they tracked down my insurance. I have now been notified by my insurance that the driver is filing a claim against me and that if the claim fails they intend to sue. He s arguing that if I had not made the illegal maneuver of going into the lane to the left he would not have been hit as he was. He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. My insurance company says that their lawyers are evaluating the situation and will tell me when they know more. Do I need to get a lawyer of my own immediately or should I wait and see where this is going? I have never heard of a case like this before and I don t know how concerned I need to be. Thanks.
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Your insurance company will handle it. If they ve already told you that it means you don t need your own lawyer. Even if your insurance company decides to give this asshole some nuisance value settlement of a few grand it won t affect you. You re fine. You did the right thing. Continue cooperating with the insurance company. Also this: > He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. Is some really creative bullshit on this guy s part. I do insurance defense for a living and I have never ever seen anyone argue that different levels of insurance coverage are a foreseeable circumstance in an accident such that it should govern your behavior. Foreseeable behavior really just includes actions you would take to avoid being in the accident and or being injured which you did. I mean it s utter bullshit and completely wrong but it s creative. He s just trying to get a payday after failing to pay for sufficient insurance coverage for himself.
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That s pretty creative on the part of the other driver. If you re not suing anyone you don t need your own attorney (since you were insured at the time). Your insurance company already is on notice so that is good. If you end up getting sued just let your insurance company know immediately and they will provide a defense for you.
| 102 | 20 |
2qppnw
| 297 |
Car was about to hit me so I got out of the way. They hit the car behind me instead who is now suing me. Don t know if I need a lawyer of my own. Location Iowa - I was driving one night and realized an SUV was in my lane heading straight toward me and not showing any sign of slowing down. A police officer witnessed this and believed the driver to have been going between 60 and 65. The speed limit on this road is 25. In short I moved as fast as I could. I could not move to the right because there were concrete barriers up due to construction so I turned to the left doing as fast a U-turn as was possible. It was the oncoming lane but there were no cars in sight. Me being out of the way gave the SUV driver a couple extra seconds to brake before hitting the car behind me (the only other car on the road) but they did not. They hit that car head on and while the driver was not hurt at all his car was pretty mangled. At the scene the person behind me was being confrontational about the fact that I made an illegal maneuver to get out of the way and he was hit instead. He wanted me to be charged with reckless driving as well as some other things he came up with but the police officer said that I would not be charged because all I did was attempt to strategically avoid an accident. He said that in my position he would have done the same thing. It turned out the SUV driver was drunk and also uninsured. The car behind me only had basic liability. I stuck around to call an ambulance and be a witness for the cops if needed. Apparently during this time the car behind me took down my license plate number an gave it to his insurance and they tracked down my insurance. I have now been notified by my insurance that the driver is filing a claim against me and that if the claim fails they intend to sue. He s arguing that if I had not made the illegal maneuver of going into the lane to the left he would not have been hit as he was. He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. My insurance company says that their lawyers are evaluating the situation and will tell me when they know more. Do I need to get a lawyer of my own immediately or should I wait and see where this is going? I have never heard of a case like this before and I don t know how concerned I need to be. Thanks.
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Your insurance company will handle it. If they ve already told you that it means you don t need your own lawyer. Even if your insurance company decides to give this asshole some nuisance value settlement of a few grand it won t affect you. You re fine. You did the right thing. Continue cooperating with the insurance company. Also this: > He also argues that I knew I was completely covered as far as insurance goes so I should have known that moving could potentially put someone with lower insurance coverage at a substantial risk. In general that it was better for me to get hit than to make the person behind me get hit since I know I have full coverage and he might not. Is some really creative bullshit on this guy s part. I do insurance defense for a living and I have never ever seen anyone argue that different levels of insurance coverage are a foreseeable circumstance in an accident such that it should govern your behavior. Foreseeable behavior really just includes actions you would take to avoid being in the accident and or being injured which you did. I mean it s utter bullshit and completely wrong but it s creative. He s just trying to get a payday after failing to pay for sufficient insurance coverage for himself.
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Let your insurance handle it. They will defend you. The other guy has no case. You had no duty to get hit so he didn t have to. His recourse is against the drunk driver aka the person actually responsible for the accident.
| 102 | 34 |
2qu211
| 54 |
[OH] Police took my life savings without charging me with a crime. Hi there! Long time Reddit surfer first time poster here! Just looking for a bit of advice any input is highly appreciated. Recently I was traveling with a friend of mine when we got pulled over on what I thought to be a routine traffic stop. (80 in a 70) We were behind a semi that pulled over as well. The officer approached the vehicle and almost with no hesitation asked the driver (my friend) to get out of the car to speed things up a bit and get everyone out of here. Within the first five minutes the truck driver was on his way and my friend had been patted down and put into the back of the cruiser. I started a timer on my phone to keep track of how long we d been there. A half hour passes and now I m curious as to what s actually happening. Not knowing exactly what to do I called local dispatch. I explained that I m feeling a little uneasy haven t been told what s going on and wasn t sure what to do about it. They ended up coming and getting me out of the car as well. I was placed in the back of the car with my friend after being searched as well. Apparently while my friend was in the car with the officer he was intimidated into consenting to a search of the vehicle. A personal amount of marijuana belonging to him was in the vehicle. After finding that they also came across some things of mine that raised a flag for them. Essentially my entire life savings. I won t discuss exactly how much it was but let s just say upwards of 20k. I KNOW THIS PROBABLY SEEMS SKETCHY. I had this on my person because I travel don t really have a home base to keep my valuables... In my mind it was safer with me. We were taken to the local station and they attempted to interrogate us. I was handcuffed to a chair for four hours. I asked repeatedly why I was still being held. I wasn t told I was being charged with a crime. I wasn t under arrest but an investigative detention. After administering an extremely BIASED test they decided that was enough for them to keep my money. I received a receipt for my seized property. This was two weeks ago I haven t gotten a phone call or any type of message from them regarding this. I ve called the prosecutors office in the area the incident happened but they can t do anything because they haven t received anything on their end. No charges were filed so they don t even have a record of it. I did a lot of research right when this happened and I read something about the possibility of this being processed via a federal equity sharing program or something like that... Essentially an extremely lucrative money making opportunity for their department. So at this point I m attempting to compile documents where I can prove the income was taxed at some point. I don t know what goes into this... TLDR - 20k of mine was taken by the police. I haven t been charged with a crime. What is a legitimate way of going about proving that it s mine?
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You need to hire an attorney to get your $20K back. If you were in an interrogation room handcuffed to a chair you were in custody . They can claim it was investigative detention and not arrest but if you were physically restrained in a police interrogation room you were in custody in every way that matters. Proving that the income was taxed and proving the source of the money was legal activity certainly can t *hurt*. An attorney familiar with civil forfeiture laws in your area is where you need to go next.
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There was a John Oliver skit on similar police practices a while ago. Apparently this type of thing is pretty rampant in the US. Start ringing lawyers. You might be able to prove you paid income tax on whatever income you made but you re not going to be able to prove the 20k in cash sitting in the police evidence room (or their party fund) is THE SAME 20k you paid tax on. Call a lawyer.
| 61 | 4 |
2quo6c
| 219 |
My workplace is rescinding my sick time because they discovered my time off was due to an abortion. I completely understand that my workplace isn t required to grant me any leave time ( apart from the FMLA thing if I am eligible ) and I completely understand they can fire me for any reason. That is not what I am talking about here. Let me explain. I requested some leave (sick) time for what I told them was a minor surgery( it was). I would be out for a maximum of two days. I got a doctors note and an approval signature from my boss. Not a problem. The boss didn t even ask me what I was having done but I offered up the fact that I was having a small woman issue in casual conversation. I did this a week before my procedure per company policy. Had surgery came back to work with work release from my doctor. Office job so no restrictions. This is where the problem is. My work release has the clinic name on it and the office manager ( she gets the slips) googled it and started telling people about my abortion. I never confirmed nor denied I had one. As I figured the leave time got approved and it was no one s business. A few days later my boss comes to talk to me with the office manager and says that if I had an abortion then that time was erroneously given to me. That don t allow sick time for that. It doesn t say t anywhere in the leave policy but they go on to tell me that this is a Christian company ( I didn t know that). They want me to pay them back my sick time. I can do this by going in deficit of my sick time. Which basically means I owe them two days and if I don t pay them it back before I leave ( I considered quitting) then they could dock my pay. I really don t think this is at all fair. I understand it might be legal but I am not a lawyer. Question: I know it is bad business practice but is it legal? Sorry! This is in Mississippi.
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You mention in one of your comments that there is a national office. This suggests to me that your employer has more than 15 employees. If so then you are in luck: although Mississippi is not a worker-friendly state if your employer has enough employees then you would still be protected under Title VII - specifically the Pregnancy Discrimination Act. Helpful info about the law can be found here: http: www.law.cornell.edu cfr text 29 part-1604 appendix-lii7. Key things to note: the Act prohibits discrimination due to both pregnancy AND abortion and it specifically prohibits discriminatory enforcement of sick leave policies among other things. As a former litigator I wholeheartedly understand your reluctance to sue especially for such a relatively small amount. Fortunately you don t have to: for discrimination claims you can file a complaint with your EEOC regional office and have an administrative review of your claim which is far less costly and stressful than litigation: http: www.workplacefairness.org file_MS Keep in mind too that the threat of an EEOC complaint can be just as effective at preventing them from breaking the law in the first place. Something to keep in mind. And while they might fire you for informing them that what they are proposing is illegal Title VII could help you out again as it prohibits retaliation. Actually MS also has limited retaliation protection as well if I am not mistaken. Good luck OP! I hope you find a new job very soon. What a toxic environment. And spreading gossip around the office like that? I m not a lawyer in MS but here in CA that shit would entitle you to massive damages. I wish your state had better laws - but thank goodness for the Feds at least!
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You can refuse to allow them to deduct your pay. They can fire you. There is no law preventing them from firing you because you had an abortion. As for the sick time issue generally your employer s published policies regarding sick time will stand.
| 277 | 2 |
2quo6c
| 219 |
My workplace is rescinding my sick time because they discovered my time off was due to an abortion. I completely understand that my workplace isn t required to grant me any leave time ( apart from the FMLA thing if I am eligible ) and I completely understand they can fire me for any reason. That is not what I am talking about here. Let me explain. I requested some leave (sick) time for what I told them was a minor surgery( it was). I would be out for a maximum of two days. I got a doctors note and an approval signature from my boss. Not a problem. The boss didn t even ask me what I was having done but I offered up the fact that I was having a small woman issue in casual conversation. I did this a week before my procedure per company policy. Had surgery came back to work with work release from my doctor. Office job so no restrictions. This is where the problem is. My work release has the clinic name on it and the office manager ( she gets the slips) googled it and started telling people about my abortion. I never confirmed nor denied I had one. As I figured the leave time got approved and it was no one s business. A few days later my boss comes to talk to me with the office manager and says that if I had an abortion then that time was erroneously given to me. That don t allow sick time for that. It doesn t say t anywhere in the leave policy but they go on to tell me that this is a Christian company ( I didn t know that). They want me to pay them back my sick time. I can do this by going in deficit of my sick time. Which basically means I owe them two days and if I don t pay them it back before I leave ( I considered quitting) then they could dock my pay. I really don t think this is at all fair. I understand it might be legal but I am not a lawyer. Question: I know it is bad business practice but is it legal? Sorry! This is in Mississippi.
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You mention in one of your comments that there is a national office. This suggests to me that your employer has more than 15 employees. If so then you are in luck: although Mississippi is not a worker-friendly state if your employer has enough employees then you would still be protected under Title VII - specifically the Pregnancy Discrimination Act. Helpful info about the law can be found here: http: www.law.cornell.edu cfr text 29 part-1604 appendix-lii7. Key things to note: the Act prohibits discrimination due to both pregnancy AND abortion and it specifically prohibits discriminatory enforcement of sick leave policies among other things. As a former litigator I wholeheartedly understand your reluctance to sue especially for such a relatively small amount. Fortunately you don t have to: for discrimination claims you can file a complaint with your EEOC regional office and have an administrative review of your claim which is far less costly and stressful than litigation: http: www.workplacefairness.org file_MS Keep in mind too that the threat of an EEOC complaint can be just as effective at preventing them from breaking the law in the first place. Something to keep in mind. And while they might fire you for informing them that what they are proposing is illegal Title VII could help you out again as it prohibits retaliation. Actually MS also has limited retaliation protection as well if I am not mistaken. Good luck OP! I hope you find a new job very soon. What a toxic environment. And spreading gossip around the office like that? I m not a lawyer in MS but here in CA that shit would entitle you to massive damages. I wish your state had better laws - but thank goodness for the Feds at least!
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I am pretty sure that the EEOC takes the stance that abortion is a related medical condition to pregnancy and that treating it differently from other temporary disabilities is a violation of Title VII of the Civil Rights Act as clarified in the Pregnancy Discrimination Act. “The basic principle of the [PDA] is that women affected by pregnancy and related medical conditions must be treated the same as other applicants and employees on the basis of their ability or inability to work. A woman is therefore protected against such practices as being fired ... merely because she is pregnant or has had an abortion.” 29 C.F.R. pt. 1604 App. (1986). If your HR manager has been telling other people about your private medical information that is probably also a violation of the HIPAA Privacy Rule. You should talk to an attorney that specializes in EEOC problems.
| 277 | 5 |
2quo6c
| 219 |
My workplace is rescinding my sick time because they discovered my time off was due to an abortion. I completely understand that my workplace isn t required to grant me any leave time ( apart from the FMLA thing if I am eligible ) and I completely understand they can fire me for any reason. That is not what I am talking about here. Let me explain. I requested some leave (sick) time for what I told them was a minor surgery( it was). I would be out for a maximum of two days. I got a doctors note and an approval signature from my boss. Not a problem. The boss didn t even ask me what I was having done but I offered up the fact that I was having a small woman issue in casual conversation. I did this a week before my procedure per company policy. Had surgery came back to work with work release from my doctor. Office job so no restrictions. This is where the problem is. My work release has the clinic name on it and the office manager ( she gets the slips) googled it and started telling people about my abortion. I never confirmed nor denied I had one. As I figured the leave time got approved and it was no one s business. A few days later my boss comes to talk to me with the office manager and says that if I had an abortion then that time was erroneously given to me. That don t allow sick time for that. It doesn t say t anywhere in the leave policy but they go on to tell me that this is a Christian company ( I didn t know that). They want me to pay them back my sick time. I can do this by going in deficit of my sick time. Which basically means I owe them two days and if I don t pay them it back before I leave ( I considered quitting) then they could dock my pay. I really don t think this is at all fair. I understand it might be legal but I am not a lawyer. Question: I know it is bad business practice but is it legal? Sorry! This is in Mississippi.
|
You mention in one of your comments that there is a national office. This suggests to me that your employer has more than 15 employees. If so then you are in luck: although Mississippi is not a worker-friendly state if your employer has enough employees then you would still be protected under Title VII - specifically the Pregnancy Discrimination Act. Helpful info about the law can be found here: http: www.law.cornell.edu cfr text 29 part-1604 appendix-lii7. Key things to note: the Act prohibits discrimination due to both pregnancy AND abortion and it specifically prohibits discriminatory enforcement of sick leave policies among other things. As a former litigator I wholeheartedly understand your reluctance to sue especially for such a relatively small amount. Fortunately you don t have to: for discrimination claims you can file a complaint with your EEOC regional office and have an administrative review of your claim which is far less costly and stressful than litigation: http: www.workplacefairness.org file_MS Keep in mind too that the threat of an EEOC complaint can be just as effective at preventing them from breaking the law in the first place. Something to keep in mind. And while they might fire you for informing them that what they are proposing is illegal Title VII could help you out again as it prohibits retaliation. Actually MS also has limited retaliation protection as well if I am not mistaken. Good luck OP! I hope you find a new job very soon. What a toxic environment. And spreading gossip around the office like that? I m not a lawyer in MS but here in CA that shit would entitle you to massive damages. I wish your state had better laws - but thank goodness for the Feds at least!
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If your leave policy doesn t state anything about it then I don t believe you would have to pay back the sick pay as that policy is probably legally binding. Depending on how much money you re talking about here it might be worth getting a free consult with an attorney. On a practical note I would start the job search now as you re probably going to get fired one way or another.
| 277 | 9 |
2quo6c
| 219 |
My workplace is rescinding my sick time because they discovered my time off was due to an abortion. I completely understand that my workplace isn t required to grant me any leave time ( apart from the FMLA thing if I am eligible ) and I completely understand they can fire me for any reason. That is not what I am talking about here. Let me explain. I requested some leave (sick) time for what I told them was a minor surgery( it was). I would be out for a maximum of two days. I got a doctors note and an approval signature from my boss. Not a problem. The boss didn t even ask me what I was having done but I offered up the fact that I was having a small woman issue in casual conversation. I did this a week before my procedure per company policy. Had surgery came back to work with work release from my doctor. Office job so no restrictions. This is where the problem is. My work release has the clinic name on it and the office manager ( she gets the slips) googled it and started telling people about my abortion. I never confirmed nor denied I had one. As I figured the leave time got approved and it was no one s business. A few days later my boss comes to talk to me with the office manager and says that if I had an abortion then that time was erroneously given to me. That don t allow sick time for that. It doesn t say t anywhere in the leave policy but they go on to tell me that this is a Christian company ( I didn t know that). They want me to pay them back my sick time. I can do this by going in deficit of my sick time. Which basically means I owe them two days and if I don t pay them it back before I leave ( I considered quitting) then they could dock my pay. I really don t think this is at all fair. I understand it might be legal but I am not a lawyer. Question: I know it is bad business practice but is it legal? Sorry! This is in Mississippi.
|
You mention in one of your comments that there is a national office. This suggests to me that your employer has more than 15 employees. If so then you are in luck: although Mississippi is not a worker-friendly state if your employer has enough employees then you would still be protected under Title VII - specifically the Pregnancy Discrimination Act. Helpful info about the law can be found here: http: www.law.cornell.edu cfr text 29 part-1604 appendix-lii7. Key things to note: the Act prohibits discrimination due to both pregnancy AND abortion and it specifically prohibits discriminatory enforcement of sick leave policies among other things. As a former litigator I wholeheartedly understand your reluctance to sue especially for such a relatively small amount. Fortunately you don t have to: for discrimination claims you can file a complaint with your EEOC regional office and have an administrative review of your claim which is far less costly and stressful than litigation: http: www.workplacefairness.org file_MS Keep in mind too that the threat of an EEOC complaint can be just as effective at preventing them from breaking the law in the first place. Something to keep in mind. And while they might fire you for informing them that what they are proposing is illegal Title VII could help you out again as it prohibits retaliation. Actually MS also has limited retaliation protection as well if I am not mistaken. Good luck OP! I hope you find a new job very soon. What a toxic environment. And spreading gossip around the office like that? I m not a lawyer in MS but here in CA that shit would entitle you to massive damages. I wish your state had better laws - but thank goodness for the Feds at least!
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If you ever did want to sue it could be a good case based on public disclosure of private facts. They have no business gossiping (pretty sure Christians aren t supposed to do that either) about you particularly about something of a sensitive medical nature. Find an attorney who s experienced with these cases and see what he thinks you shouldn t have to pay just to talk to one briefly.
| 277 | 14 |
2quo6c
| 219 |
My workplace is rescinding my sick time because they discovered my time off was due to an abortion. I completely understand that my workplace isn t required to grant me any leave time ( apart from the FMLA thing if I am eligible ) and I completely understand they can fire me for any reason. That is not what I am talking about here. Let me explain. I requested some leave (sick) time for what I told them was a minor surgery( it was). I would be out for a maximum of two days. I got a doctors note and an approval signature from my boss. Not a problem. The boss didn t even ask me what I was having done but I offered up the fact that I was having a small woman issue in casual conversation. I did this a week before my procedure per company policy. Had surgery came back to work with work release from my doctor. Office job so no restrictions. This is where the problem is. My work release has the clinic name on it and the office manager ( she gets the slips) googled it and started telling people about my abortion. I never confirmed nor denied I had one. As I figured the leave time got approved and it was no one s business. A few days later my boss comes to talk to me with the office manager and says that if I had an abortion then that time was erroneously given to me. That don t allow sick time for that. It doesn t say t anywhere in the leave policy but they go on to tell me that this is a Christian company ( I didn t know that). They want me to pay them back my sick time. I can do this by going in deficit of my sick time. Which basically means I owe them two days and if I don t pay them it back before I leave ( I considered quitting) then they could dock my pay. I really don t think this is at all fair. I understand it might be legal but I am not a lawyer. Question: I know it is bad business practice but is it legal? Sorry! This is in Mississippi.
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You mention in one of your comments that there is a national office. This suggests to me that your employer has more than 15 employees. If so then you are in luck: although Mississippi is not a worker-friendly state if your employer has enough employees then you would still be protected under Title VII - specifically the Pregnancy Discrimination Act. Helpful info about the law can be found here: http: www.law.cornell.edu cfr text 29 part-1604 appendix-lii7. Key things to note: the Act prohibits discrimination due to both pregnancy AND abortion and it specifically prohibits discriminatory enforcement of sick leave policies among other things. As a former litigator I wholeheartedly understand your reluctance to sue especially for such a relatively small amount. Fortunately you don t have to: for discrimination claims you can file a complaint with your EEOC regional office and have an administrative review of your claim which is far less costly and stressful than litigation: http: www.workplacefairness.org file_MS Keep in mind too that the threat of an EEOC complaint can be just as effective at preventing them from breaking the law in the first place. Something to keep in mind. And while they might fire you for informing them that what they are proposing is illegal Title VII could help you out again as it prohibits retaliation. Actually MS also has limited retaliation protection as well if I am not mistaken. Good luck OP! I hope you find a new job very soon. What a toxic environment. And spreading gossip around the office like that? I m not a lawyer in MS but here in CA that shit would entitle you to massive damages. I wish your state had better laws - but thank goodness for the Feds at least!
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IANAL But how can they prove it was for an abortion. As another stated it could have been a D & C for a miscarriage or even a cyst removal from your ovaries. Having cysts removed isn t against any christian rules that I know of. For all they know that is what they did for you. I don t think they can make you prove to them what you had done as that is a breach of privacy. They also cannot call the doctor s office and request it. If the policy states you need the advance notice with supervisor approval and you did that then they shouldn t be able to fault you for it. Also I would bring up the fact that your boss crossed a line. She googled your doctor s office and then began running her mouth telling others you had an abortion on an assumption. I would bring THAT up to HER boss. That is a severe breach of privacy she had no right to do.
| 277 | 24 |
2qx15p
| 35 |
(cross-post r personalfinance) [VA] Gave my 2+ weeks notice yesterday employer is canceling bonus from my paycheck tomorrow. Is there anything I can do? ORIGINAL POST: [here](http: www.reddit.com r personalfinance comments 2qu6tv gave_my_2_weeks_notice_yesterday_employer_is ) I ll try to sum up my other post from r personalfinance in a paragraph or two: I got a job offer for a new job on Monday. I gave my boss notice om Monday afternoon that my last day would be Jan 16th. It s a little more than two weeks but it s a small team and my departure will make it tough on everyone so I figured I d give them a few extra days notice since I already knew I was leaving. Well apparently the company had decided to drop an end of year bonus on my 12 31 paycheck as a reward for my work during the year because the company did well and all that. The thing is they had not told me that this was coming. There was a brief promise at the start of 2014 about performance bonuses if the company does well and then the CEO mentioned something to me about your bonus but I was never told an amount or when it would be paid. So I went ahead and gave my notice (lesson learned here but I digress). So Tuesday morning my boss informs me that the CEO and CFO upon hearing about my notice made an executive decision to rescind this bonus from my paycheck that is due to be direct deposited the next day (Wednesday 12 31 end of the pay period). They have done this by putting a reversal on my direct deposit. So my bank account as of this morning shows two transactions one deposit for my salary + bonus and one withdrawal in the exact same amount. I have the original ADP pay stub document saved that shows I was to be paid a 4k bonus on 12 31. Instead they have given me a live check of my normal salary that I was told to take to the bank today to deposit. I ve googled VA labor laws and have not been able to find very much about bonuses and this type of issue. I don t know what the law is but it doesn t seem right to me that they can retaliate against me deciding to leave the company in 2015 by reversing an earned bonus from my 12 31 2014 paycheck. Do I have a legal right to this money and if so how should I go about getting it? EDIT: I should maybe ask instead are they legally allowed to do this? I m not overly concerned about the $$ I ll be making more at my new job. But it seems like a very dishonest way for a company to treat employees and I d like to find out if it s legal for them to do this as I want to fight it if possible.
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You might consider talking to the bank about this and fighting it as an unauthorized reversal. This clearly wasn t an error in the sense that direct deposit rules contemplate. The employer had already made the decision to give you the bonus and paid it. It was only after they realized you re leaving that they wanted it back. That s not an error it s a self-interested desire to rewrite history. If they told the bank it was an error to claw the money back it s probably a felony given that the amount is $4k. More specifically here s why I think you should talk to the bank about this. The rules for direct deposit are governed by federal law and a bunch of private rules that ACH originators and users have among themselves (inconsistent state law is preempted so Virginia law isn t really all that important here). Specifically Federal Reserve Board Regulation E (12 C.F.R. Part 205) and the rules of NACHA the National Automated Clearing House Association. Most people don t know it but a person s liability for unauthorized ACH debits is the same as for unauthorized credit card transactions. IOW an employer debiting your account without authorization is just like someone stole your credit card and bought a bunch of stuff -- you re not liable for it. The bank will certainly know more about this but from my reading there s no way the employer could do this. Under the NACHA rules viewable at [www.achrulesonline.org](http: www.achrulesonline.org) (you have to sign up for a free account) a reversable erroneous entry is defined as one which: > (a) is a duplicate of an Entry previously initiated by the Originator or ODFI > (b) orders payment to or from a Receiver different than the Receiver intended to be credited or debited by the Originator or > (c) orders payment in a dollar amount different than was intended by the Originator. NACHA Rules (2013) §§ 2.9.1 8.34. (There are some other types of erroneous entries but none of them are relevant here.) Your bonus clearly was not a duplicate or directed to the wrong account and at the time they made the Entry it was authorized and for the amount they intended to give you. What happened here is that immediately after they sent it they wanted to change their minds. That s not an error it s hindsight decision-making. It s no different than if you d quit without notice a week after receiving the bonus. The fact that they might not have reached the same conclusion had they known you were leaving is irrelevant to the fact that *at the time they made the ACH entry* it was for the amount they intended. Under Reg E you have 60 days to dispute it and if the investigation takes longer than 10 business days they have to put the money back in your account while the investigation is ongoing. Talk to the bank and I expect that as soon as you do the employer will realize what a world of shit they ll be in if the bank determines the reversal request was fraudulent and agree to give you the money. EDIT: A bit more research supports OP. The FRB s official staff interpretation of 12 C.F.R. § 205.2(m) [12 C.F.R. Part 205 Supp. I § 205.2(m)(5)](http: www.law.cornell.edu cfr text 12 part-205 appendix-SupplementI) distinguishes between an unauthorized EFT and a direct deposit reversal with the following explanation: > 5 . Reversal of direct deposits. The reversal of a direct deposit made in error is not an unauthorized EFT when it involves: > i. A credit made to the wrong consumer s account > ii. A duplicate credit made to a consumer s account or > iii. A credit in the wrong amount (for example when the amount credited to the consumer s account differs from the amount in the transmittal instructions). This reinforces the original information that a direct deposit reversal for an error is really for true errors not rewriting history.
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I would seek an attorney here. If you quit before the bonus you would be SOL but I question the legality of them taking it out of the bank account. The deposit was not made in error it was made then they changed their mind.
| 59 | 2 |
2qxvz8
| 204 |
(Texas) Neighbors new fence is on my land right before construction is supposed to start on my new garage. Can I remove the fence? My neighbors had a fence put up two weeks ago. It is located on my property 20 from the property line. I have no idea why this happened. They are very well aware of the lines of the land. I had a survey done two years ago and put a boulder at the property line. They had a survey done right before doing the fence and it was consistent with the survey I myself had done. The surveyor put flags in the ground to mark it for them and the fence is very clearly located very far onto my property. Meanwhile I started the process of having a garage built about several months ago. A month ago we made everything official and set a start date of this upcoming Monday. The neighbors fence goes right through the middle of where the garage is supposed to be. He is supposed to start on Monday. I have been trying to contact the neighbors for ten days now. I have called sent Facebook messages gone over to their house everything. They are obviously avoiding me. I saw them outside grilling last week and went over to talk to them and as soon as they saw me they turned off the grill abandoned their food and rushed inside with their kids. I knocked on the door and no one answered. I got someone to come out from the surveying company they used for their survey and write a simple report saying their fence is over my property line by 20 feet. I sent them a copy of it via certified mail and asked them to arrange for the fence to be moved ASAP due to my construction plans. They have not responded. I checked with the contractor to see if we could delay construction on the garage but he said that they are booked solid and if we delay we won t be able to have the garage built until May at the earliest if we use this company. They are the ones who own the rights to the garage plan and I have already paid them for design work on the plans so if I go with another company I will lose money and start from scratch. Shitty situation all around. The contractor s suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage and put the fence pieces on the neighbor s property then bill them for the cost of the work. However I am not sure if that s legal. Can someone give me some insight as to whether I can do that? Or if there s any other way to get this handled quickly? (Similar threads mention police. I asked them if there was anything they could do to help and they said no this isn t the kind of issue they deal with. They also did not know if I can legally remove the neighbor s fence and put it back on their land.) Thanks. Edit: Added clarification to garage stuff
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Call an actual attorney in your area don t take any action in reliance of things posted here.
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No legal advice not my area but when you remove the fence (which it sounds like you have every right to do) take pictures before during and after. Take video of the removal. Your neighbor may claim you damaged the fence so you want proof that you did everything correctly and didn t damage anything.
| 165 | 40 |
2qxvz8
| 204 |
(Texas) Neighbors new fence is on my land right before construction is supposed to start on my new garage. Can I remove the fence? My neighbors had a fence put up two weeks ago. It is located on my property 20 from the property line. I have no idea why this happened. They are very well aware of the lines of the land. I had a survey done two years ago and put a boulder at the property line. They had a survey done right before doing the fence and it was consistent with the survey I myself had done. The surveyor put flags in the ground to mark it for them and the fence is very clearly located very far onto my property. Meanwhile I started the process of having a garage built about several months ago. A month ago we made everything official and set a start date of this upcoming Monday. The neighbors fence goes right through the middle of where the garage is supposed to be. He is supposed to start on Monday. I have been trying to contact the neighbors for ten days now. I have called sent Facebook messages gone over to their house everything. They are obviously avoiding me. I saw them outside grilling last week and went over to talk to them and as soon as they saw me they turned off the grill abandoned their food and rushed inside with their kids. I knocked on the door and no one answered. I got someone to come out from the surveying company they used for their survey and write a simple report saying their fence is over my property line by 20 feet. I sent them a copy of it via certified mail and asked them to arrange for the fence to be moved ASAP due to my construction plans. They have not responded. I checked with the contractor to see if we could delay construction on the garage but he said that they are booked solid and if we delay we won t be able to have the garage built until May at the earliest if we use this company. They are the ones who own the rights to the garage plan and I have already paid them for design work on the plans so if I go with another company I will lose money and start from scratch. Shitty situation all around. The contractor s suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage and put the fence pieces on the neighbor s property then bill them for the cost of the work. However I am not sure if that s legal. Can someone give me some insight as to whether I can do that? Or if there s any other way to get this handled quickly? (Similar threads mention police. I asked them if there was anything they could do to help and they said no this isn t the kind of issue they deal with. They also did not know if I can legally remove the neighbor s fence and put it back on their land.) Thanks. Edit: Added clarification to garage stuff
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Please update us on the situation. The gall of your neighbors is amazing. Hopefully you can contact an attorney and if they recommend taking the fence down be sure to document document document! I would even go so far as to video the entire process. I wish you the best!
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The contractor s suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage and put the fence pieces on the neighbor s property then bill them for the cost of the work I would agree - they built something on your property. If they pay the contractor that s another story but you have a right to remove it. Update everyone next week please. But I would not delay things.
| 115 | 7 |
2qxvz8
| 204 |
(Texas) Neighbors new fence is on my land right before construction is supposed to start on my new garage. Can I remove the fence? My neighbors had a fence put up two weeks ago. It is located on my property 20 from the property line. I have no idea why this happened. They are very well aware of the lines of the land. I had a survey done two years ago and put a boulder at the property line. They had a survey done right before doing the fence and it was consistent with the survey I myself had done. The surveyor put flags in the ground to mark it for them and the fence is very clearly located very far onto my property. Meanwhile I started the process of having a garage built about several months ago. A month ago we made everything official and set a start date of this upcoming Monday. The neighbors fence goes right through the middle of where the garage is supposed to be. He is supposed to start on Monday. I have been trying to contact the neighbors for ten days now. I have called sent Facebook messages gone over to their house everything. They are obviously avoiding me. I saw them outside grilling last week and went over to talk to them and as soon as they saw me they turned off the grill abandoned their food and rushed inside with their kids. I knocked on the door and no one answered. I got someone to come out from the surveying company they used for their survey and write a simple report saying their fence is over my property line by 20 feet. I sent them a copy of it via certified mail and asked them to arrange for the fence to be moved ASAP due to my construction plans. They have not responded. I checked with the contractor to see if we could delay construction on the garage but he said that they are booked solid and if we delay we won t be able to have the garage built until May at the earliest if we use this company. They are the ones who own the rights to the garage plan and I have already paid them for design work on the plans so if I go with another company I will lose money and start from scratch. Shitty situation all around. The contractor s suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage and put the fence pieces on the neighbor s property then bill them for the cost of the work. However I am not sure if that s legal. Can someone give me some insight as to whether I can do that? Or if there s any other way to get this handled quickly? (Similar threads mention police. I asked them if there was anything they could do to help and they said no this isn t the kind of issue they deal with. They also did not know if I can legally remove the neighbor s fence and put it back on their land.) Thanks. Edit: Added clarification to garage stuff
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Please update us on the situation. The gall of your neighbors is amazing. Hopefully you can contact an attorney and if they recommend taking the fence down be sure to document document document! I would even go so far as to video the entire process. I wish you the best!
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This may be bad advice: Move the fence to their property line (and fast). It ll cost some money but could be cheaper and faster than the lawyer route. Set it up in such a way where they won t be able to put the fence back onto your property (because of construction on your property) i.e. put a garbage dumpster there. Sounds like shitty neighbors though and they know they did wrong. Regardless of what happens you may want to install some security cameras because I suspect that if they are like this odd things will start happening.
| 115 | 10 |
2qxvz8
| 204 |
(Texas) Neighbors new fence is on my land right before construction is supposed to start on my new garage. Can I remove the fence? My neighbors had a fence put up two weeks ago. It is located on my property 20 from the property line. I have no idea why this happened. They are very well aware of the lines of the land. I had a survey done two years ago and put a boulder at the property line. They had a survey done right before doing the fence and it was consistent with the survey I myself had done. The surveyor put flags in the ground to mark it for them and the fence is very clearly located very far onto my property. Meanwhile I started the process of having a garage built about several months ago. A month ago we made everything official and set a start date of this upcoming Monday. The neighbors fence goes right through the middle of where the garage is supposed to be. He is supposed to start on Monday. I have been trying to contact the neighbors for ten days now. I have called sent Facebook messages gone over to their house everything. They are obviously avoiding me. I saw them outside grilling last week and went over to talk to them and as soon as they saw me they turned off the grill abandoned their food and rushed inside with their kids. I knocked on the door and no one answered. I got someone to come out from the surveying company they used for their survey and write a simple report saying their fence is over my property line by 20 feet. I sent them a copy of it via certified mail and asked them to arrange for the fence to be moved ASAP due to my construction plans. They have not responded. I checked with the contractor to see if we could delay construction on the garage but he said that they are booked solid and if we delay we won t be able to have the garage built until May at the earliest if we use this company. They are the ones who own the rights to the garage plan and I have already paid them for design work on the plans so if I go with another company I will lose money and start from scratch. Shitty situation all around. The contractor s suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage and put the fence pieces on the neighbor s property then bill them for the cost of the work. However I am not sure if that s legal. Can someone give me some insight as to whether I can do that? Or if there s any other way to get this handled quickly? (Similar threads mention police. I asked them if there was anything they could do to help and they said no this isn t the kind of issue they deal with. They also did not know if I can legally remove the neighbor s fence and put it back on their land.) Thanks. Edit: Added clarification to garage stuff
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Please update us on the situation. The gall of your neighbors is amazing. Hopefully you can contact an attorney and if they recommend taking the fence down be sure to document document document! I would even go so far as to video the entire process. I wish you the best!
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Not sure what you should do (other than obviously documenting everything and consulting a lawyer) but I d love to see an update once you figured out
| 115 | 12 |
2qxvz8
| 204 |
(Texas) Neighbors new fence is on my land right before construction is supposed to start on my new garage. Can I remove the fence? My neighbors had a fence put up two weeks ago. It is located on my property 20 from the property line. I have no idea why this happened. They are very well aware of the lines of the land. I had a survey done two years ago and put a boulder at the property line. They had a survey done right before doing the fence and it was consistent with the survey I myself had done. The surveyor put flags in the ground to mark it for them and the fence is very clearly located very far onto my property. Meanwhile I started the process of having a garage built about several months ago. A month ago we made everything official and set a start date of this upcoming Monday. The neighbors fence goes right through the middle of where the garage is supposed to be. He is supposed to start on Monday. I have been trying to contact the neighbors for ten days now. I have called sent Facebook messages gone over to their house everything. They are obviously avoiding me. I saw them outside grilling last week and went over to talk to them and as soon as they saw me they turned off the grill abandoned their food and rushed inside with their kids. I knocked on the door and no one answered. I got someone to come out from the surveying company they used for their survey and write a simple report saying their fence is over my property line by 20 feet. I sent them a copy of it via certified mail and asked them to arrange for the fence to be moved ASAP due to my construction plans. They have not responded. I checked with the contractor to see if we could delay construction on the garage but he said that they are booked solid and if we delay we won t be able to have the garage built until May at the earliest if we use this company. They are the ones who own the rights to the garage plan and I have already paid them for design work on the plans so if I go with another company I will lose money and start from scratch. Shitty situation all around. The contractor s suggestion was that they professionally remove the problem section of the fence professionally and as safely as they can to avoid damage and put the fence pieces on the neighbor s property then bill them for the cost of the work. However I am not sure if that s legal. Can someone give me some insight as to whether I can do that? Or if there s any other way to get this handled quickly? (Similar threads mention police. I asked them if there was anything they could do to help and they said no this isn t the kind of issue they deal with. They also did not know if I can legally remove the neighbor s fence and put it back on their land.) Thanks. Edit: Added clarification to garage stuff
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Please update us on the situation. The gall of your neighbors is amazing. Hopefully you can contact an attorney and if they recommend taking the fence down be sure to document document document! I would even go so far as to video the entire process. I wish you the best!
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Sue them for trespass. A nice little summons and complaint will get them in the mood to talk with you like a reasonable human being.
| 115 | 37 |
2r0s9a
| 151 |
[Texas] HOA wants to fine us for having a dog but we don t have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote secret dog from them. My husband and I don t own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn t a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don t own a dog. They won t listen!
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Tell them to prove it or pound sand. Contest any fines in writing. From now on you should discuss the issue in writing only (email is fine). Getting everything in writing is essential if they decide to go to court either for the fines they think you owe or to foreclose.
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Why do they think this?
| 112 | 28 |
2r0s9a
| 151 |
[Texas] HOA wants to fine us for having a dog but we don t have a dog! The HOA allows dogs but for some reason thinks we are hiding a quote secret dog from them. My husband and I don t own a dog or any pets for that matter but they still try to fine us. We even let them in the house to show them that there isn t a dog. They claimed the fact that there was a tennis ball in the kids room means we have a dog. The kids play tennis and they know this. My husband even had his friend from animal control call and tell them that we don t own a dog. They won t listen!
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Tell them to prove it or pound sand. Contest any fines in writing. From now on you should discuss the issue in writing only (email is fine). Getting everything in writing is essential if they decide to go to court either for the fines they think you owe or to foreclose.
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Sounds like you did something to piss someone off intentionally or unintentionally and they re trying to make up something to get you out. As for what you can do did you sign a HOA contract when you purchased your home? It s usually a condition of purchase. If so what does it say your recourse is for contesting complaints?
| 112 | 38 |
2r1cu7
| 254 |
[UPDATE] Left a job 2.5 months ago still calling me asking of I can come in for my shift. (FL) [EDIT: This is the original post!](https: www.reddit.com r legaladvice comments 2mzhm0 left_a_job_25_months_ago_still_calling_me_asking ) I got a lot of posts asking for an update so here it is! I sent a certified letter to the listed registered agent for the company I worked for. I also sent a copy of the letter to all of the managers in my work location. In the letter I included copies of my resignation letters as well as a phone log for the calls I got from them. I asked that they stop calling me that I was no longer an employee and said I would be speaking to an attorney and department of labor if the calls continued. Last week I got a phone call from their legal department. What had happened was that I had interviewed under my maiden name but got married before my official hire date. My onboarding person screwed up my paperwork so there was a ghost employee with all my correct information just the wrong last name. I asked if the other me had been separated from the company. He said the process was in place to make that happen. I haven t heard anything since but do plan to follow through if the calls (somehow) start up again. Thanks for the advice r legaladvice!
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It s always hilarious to see people get their shit together when they get told legal action will be taken 😂 Sucks it took so long but hopefully it s over!
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Success! Congrats
| 97 | 3 |
2r1cu7
| 254 |
[UPDATE] Left a job 2.5 months ago still calling me asking of I can come in for my shift. (FL) [EDIT: This is the original post!](https: www.reddit.com r legaladvice comments 2mzhm0 left_a_job_25_months_ago_still_calling_me_asking ) I got a lot of posts asking for an update so here it is! I sent a certified letter to the listed registered agent for the company I worked for. I also sent a copy of the letter to all of the managers in my work location. In the letter I included copies of my resignation letters as well as a phone log for the calls I got from them. I asked that they stop calling me that I was no longer an employee and said I would be speaking to an attorney and department of labor if the calls continued. Last week I got a phone call from their legal department. What had happened was that I had interviewed under my maiden name but got married before my official hire date. My onboarding person screwed up my paperwork so there was a ghost employee with all my correct information just the wrong last name. I asked if the other me had been separated from the company. He said the process was in place to make that happen. I haven t heard anything since but do plan to follow through if the calls (somehow) start up again. Thanks for the advice r legaladvice!
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It s always hilarious to see people get their shit together when they get told legal action will be taken 😂 Sucks it took so long but hopefully it s over!
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Thanks for the update! I always appreciate hearing how these things turn out.
| 97 | 5 |
2r3nfe
| 100 |
My employer says they will not pay me? What Now? I have worked for an online company as an independent contractor for 37 days over 80 hours and $1000 is owed. I was asked to email pictures of my social security card id w-9 and they re contract to them in order to be paid. After I did I received an email stating that they believe my documents are fake and they will not pay me.They then said if i had a web cam and they could prove it was me they would pay. I told them i was not buying any more equipment and i had not been paid. I read the contract and it states that they will pay at a base rate for all time incurred within 2 weeks after the applicable pay period providing you send in proper and complete paperwork. According to the contract they re LLC is in Delaware but the contract states you can only take them to court in New York. I live in Missouri. What are my options?
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Out of an abundance of caution I d suggest placing a fraud alert on file with all three credit bureaus in the chance that this was a scam. It won t really help the situation with them but it will help protect you. You could contact the secretary of state office in New York and see if the business is registered to operate there. You might even be able to do this online. If so you might be able to contact the department of labor (or NY s equivalent) to see if they can assist you. Contact the Secretary of State in Delaware to make sure the business even legally exists (again possible online search?).
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You can sue them. That s it. You would have to talk to the courts or a local attorney about jurisdiction.
| 93 | 25 |
2r4jlo
| 80 |
Met a woman and she asked me to impregnate her. Says she will be %100 responsible. Is there a legal document that we could both sign to make this legitimate? This is in Georgia USA. So I met a woman the other night who is 37 I am 24. She is from Russia and she states will be returning to her country before 2016. She has proposed the idea that I impregnate her because her recent marriage failed because her and her husband could not conceive. She claims that she will be %100 responsible for the child if I were to impregnate her. I believe she is pressured to have a child because she may not have the ability in the near future because of her age. On top of that she is also recently divorced so she also believes she won t have another chance soon enough. I can understand where she is coming from. I was at first opposed because it s likely that I will never be apart of the child s life (remember this is all hypothetical) but I am now tossing the idea around because I m not sure if I ever want to get married but I would like to have some part of me left behind when I die. I do not have the financial ability to raise a child and I live check to check saving for everything that I own. Her family is very wealthy and could provide a nice living for a child. My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? I m not saying that I wouldn t help out but I know at this point in my life finances are rocky and I would be homeless in a matter of months if I had to support a child. Thanks for your input. EDIT: I ve made up my mind just isn t going to happen. Thank you all for your input I really appreciate it. Have a wonderful new year!
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> Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? No.
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> My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? No.
| 141 | 27 |
2r4jlo
| 80 |
Met a woman and she asked me to impregnate her. Says she will be %100 responsible. Is there a legal document that we could both sign to make this legitimate? This is in Georgia USA. So I met a woman the other night who is 37 I am 24. She is from Russia and she states will be returning to her country before 2016. She has proposed the idea that I impregnate her because her recent marriage failed because her and her husband could not conceive. She claims that she will be %100 responsible for the child if I were to impregnate her. I believe she is pressured to have a child because she may not have the ability in the near future because of her age. On top of that she is also recently divorced so she also believes she won t have another chance soon enough. I can understand where she is coming from. I was at first opposed because it s likely that I will never be apart of the child s life (remember this is all hypothetical) but I am now tossing the idea around because I m not sure if I ever want to get married but I would like to have some part of me left behind when I die. I do not have the financial ability to raise a child and I live check to check saving for everything that I own. Her family is very wealthy and could provide a nice living for a child. My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? I m not saying that I wouldn t help out but I know at this point in my life finances are rocky and I would be homeless in a matter of months if I had to support a child. Thanks for your input. EDIT: I ve made up my mind just isn t going to happen. Thank you all for your input I really appreciate it. Have a wonderful new year!
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There is no document that you can sign to make this legitimate. The right to child support and parenting time is a right held by the *child * not the parent. It is a right enforced by the State not the parent. She can make all of the agreements in the world she doesn t have the authority to enter into those agreements.
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> My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? No.
| 141 | 27 |
2r4jlo
| 80 |
Met a woman and she asked me to impregnate her. Says she will be %100 responsible. Is there a legal document that we could both sign to make this legitimate? This is in Georgia USA. So I met a woman the other night who is 37 I am 24. She is from Russia and she states will be returning to her country before 2016. She has proposed the idea that I impregnate her because her recent marriage failed because her and her husband could not conceive. She claims that she will be %100 responsible for the child if I were to impregnate her. I believe she is pressured to have a child because she may not have the ability in the near future because of her age. On top of that she is also recently divorced so she also believes she won t have another chance soon enough. I can understand where she is coming from. I was at first opposed because it s likely that I will never be apart of the child s life (remember this is all hypothetical) but I am now tossing the idea around because I m not sure if I ever want to get married but I would like to have some part of me left behind when I die. I do not have the financial ability to raise a child and I live check to check saving for everything that I own. Her family is very wealthy and could provide a nice living for a child. My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? I m not saying that I wouldn t help out but I know at this point in my life finances are rocky and I would be homeless in a matter of months if I had to support a child. Thanks for your input. EDIT: I ve made up my mind just isn t going to happen. Thank you all for your input I really appreciate it. Have a wonderful new year!
|
If memes were allowed in this sub you would be seeing about a hundred Admiral Ackbars right now.
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No. There is no real way to sign your parental rights like that. And if her family decides not to help and she has to apply for state aid the state will go after you for repayment of the aid.
| 93 | 11 |
2r4jlo
| 80 |
Met a woman and she asked me to impregnate her. Says she will be %100 responsible. Is there a legal document that we could both sign to make this legitimate? This is in Georgia USA. So I met a woman the other night who is 37 I am 24. She is from Russia and she states will be returning to her country before 2016. She has proposed the idea that I impregnate her because her recent marriage failed because her and her husband could not conceive. She claims that she will be %100 responsible for the child if I were to impregnate her. I believe she is pressured to have a child because she may not have the ability in the near future because of her age. On top of that she is also recently divorced so she also believes she won t have another chance soon enough. I can understand where she is coming from. I was at first opposed because it s likely that I will never be apart of the child s life (remember this is all hypothetical) but I am now tossing the idea around because I m not sure if I ever want to get married but I would like to have some part of me left behind when I die. I do not have the financial ability to raise a child and I live check to check saving for everything that I own. Her family is very wealthy and could provide a nice living for a child. My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? I m not saying that I wouldn t help out but I know at this point in my life finances are rocky and I would be homeless in a matter of months if I had to support a child. Thanks for your input. EDIT: I ve made up my mind just isn t going to happen. Thank you all for your input I really appreciate it. Have a wonderful new year!
|
If memes were allowed in this sub you would be seeing about a hundred Admiral Ackbars right now.
|
No
| 93 | 20 |
2r4jlo
| 80 |
Met a woman and she asked me to impregnate her. Says she will be %100 responsible. Is there a legal document that we could both sign to make this legitimate? This is in Georgia USA. So I met a woman the other night who is 37 I am 24. She is from Russia and she states will be returning to her country before 2016. She has proposed the idea that I impregnate her because her recent marriage failed because her and her husband could not conceive. She claims that she will be %100 responsible for the child if I were to impregnate her. I believe she is pressured to have a child because she may not have the ability in the near future because of her age. On top of that she is also recently divorced so she also believes she won t have another chance soon enough. I can understand where she is coming from. I was at first opposed because it s likely that I will never be apart of the child s life (remember this is all hypothetical) but I am now tossing the idea around because I m not sure if I ever want to get married but I would like to have some part of me left behind when I die. I do not have the financial ability to raise a child and I live check to check saving for everything that I own. Her family is very wealthy and could provide a nice living for a child. My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? I m not saying that I wouldn t help out but I know at this point in my life finances are rocky and I would be homeless in a matter of months if I had to support a child. Thanks for your input. EDIT: I ve made up my mind just isn t going to happen. Thank you all for your input I really appreciate it. Have a wonderful new year!
|
If memes were allowed in this sub you would be seeing about a hundred Admiral Ackbars right now.
|
> My question: Is there a legal document that we could both sign that would protect me from the financial responsibility of the child? No.
| 93 | 27 |
2r78ja
| 260 |
SWAT team broke into house at 5 am and now I m getting evicted Yesterday morning at about 5 am the SWAT team kicked down the door of my apartment. They were looking for my ex boyfriend who I no longer have contact with and guns. They found neither him guns or drugs and they left. They found him at his mother s house where he had been staying the whole time since we broke up. They caused $900 in damages and now my leasing office is telling me they want me to turn in a letter saying I will leave in 30 days. I just moved in in mid November. All this had absolutely nothing to do with me. The police said that their insurance will most likely pay for damages. I called and they said someone from the insurance department should contact me on 2-3 days. Is this true and if it is how long does it take for them to pay the damages what are my options? Highly upset and not a good start to the new year:( EDIT Hey guys thanks for all your replies I m sorry I couldn t edit earlier but I ve had a long day fixing the place back together... A few things I wanted to add for clarity: 1. My ex was never on the lease. He stayed over about 2-3 nights a week until we broke up a month ago. 2. I never had a clue what he was up to which the police quickly figured out. No charges were ever pressed against me nor was I found to have been doing anything illegal inside the home. 3. The leasing office told me the property manager is going to give me a chance not to ruin my rental history and allow me to write my own letter stating I will vacate the premises within 30 days. When I asked if I have a deadline the lady only replied the sooner the better. This is the first time I ve ever lived on my own so I don t know how things work. Do I believe this or are they just trying to get me to leave? Also they said any money I give them will not be applied to rent but to the outstanding balance (of 900). Its all due by the 10th. Is this even legal? 4. The police station told me I need to tell the leasing office to contact them since I do not own the property they need to file a claim with the police insurance. What if my apartment refuses saying I m responsible? 5. I looked over my lease and it says I am not permitted to disturb the peace or permit any of my occupants visitors to do so. I feel like I did not disturb the peace it was the SWAT team and they were not invited nor did I permit them to do anything they did. 6. This happened in Silver Spring MD. I m going to walk over to the leasing office soon to discuss this and will update as soon as I can. Thanks guys again! All advice is welcome.
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Don t turn in that letter if you don t want to leave. You will be held responsible for damages though.
|
*I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post.** **Please update the original post to include this information.** --- [Report Inaccuracies Here](http: www.reddit.com r LocationBot ) | [Author](http: reddit.com u ianp)
| 170 | 4 |
2r78ja
| 260 |
SWAT team broke into house at 5 am and now I m getting evicted Yesterday morning at about 5 am the SWAT team kicked down the door of my apartment. They were looking for my ex boyfriend who I no longer have contact with and guns. They found neither him guns or drugs and they left. They found him at his mother s house where he had been staying the whole time since we broke up. They caused $900 in damages and now my leasing office is telling me they want me to turn in a letter saying I will leave in 30 days. I just moved in in mid November. All this had absolutely nothing to do with me. The police said that their insurance will most likely pay for damages. I called and they said someone from the insurance department should contact me on 2-3 days. Is this true and if it is how long does it take for them to pay the damages what are my options? Highly upset and not a good start to the new year:( EDIT Hey guys thanks for all your replies I m sorry I couldn t edit earlier but I ve had a long day fixing the place back together... A few things I wanted to add for clarity: 1. My ex was never on the lease. He stayed over about 2-3 nights a week until we broke up a month ago. 2. I never had a clue what he was up to which the police quickly figured out. No charges were ever pressed against me nor was I found to have been doing anything illegal inside the home. 3. The leasing office told me the property manager is going to give me a chance not to ruin my rental history and allow me to write my own letter stating I will vacate the premises within 30 days. When I asked if I have a deadline the lady only replied the sooner the better. This is the first time I ve ever lived on my own so I don t know how things work. Do I believe this or are they just trying to get me to leave? Also they said any money I give them will not be applied to rent but to the outstanding balance (of 900). Its all due by the 10th. Is this even legal? 4. The police station told me I need to tell the leasing office to contact them since I do not own the property they need to file a claim with the police insurance. What if my apartment refuses saying I m responsible? 5. I looked over my lease and it says I am not permitted to disturb the peace or permit any of my occupants visitors to do so. I feel like I did not disturb the peace it was the SWAT team and they were not invited nor did I permit them to do anything they did. 6. This happened in Silver Spring MD. I m going to walk over to the leasing office soon to discuss this and will update as soon as I can. Thanks guys again! All advice is welcome.
|
Do not turn a letter in. Unless your lease says tenant breaches lease if police bust down door and must vacate within 30 days unless you want to leave. They will keep your security deposit and charge monetary damages for the damage the police did if you do leave.
|
*I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post.** **Please update the original post to include this information.** --- [Report Inaccuracies Here](http: www.reddit.com r LocationBot ) | [Author](http: reddit.com u ianp)
| 165 | 4 |
2r78ja
| 260 |
SWAT team broke into house at 5 am and now I m getting evicted Yesterday morning at about 5 am the SWAT team kicked down the door of my apartment. They were looking for my ex boyfriend who I no longer have contact with and guns. They found neither him guns or drugs and they left. They found him at his mother s house where he had been staying the whole time since we broke up. They caused $900 in damages and now my leasing office is telling me they want me to turn in a letter saying I will leave in 30 days. I just moved in in mid November. All this had absolutely nothing to do with me. The police said that their insurance will most likely pay for damages. I called and they said someone from the insurance department should contact me on 2-3 days. Is this true and if it is how long does it take for them to pay the damages what are my options? Highly upset and not a good start to the new year:( EDIT Hey guys thanks for all your replies I m sorry I couldn t edit earlier but I ve had a long day fixing the place back together... A few things I wanted to add for clarity: 1. My ex was never on the lease. He stayed over about 2-3 nights a week until we broke up a month ago. 2. I never had a clue what he was up to which the police quickly figured out. No charges were ever pressed against me nor was I found to have been doing anything illegal inside the home. 3. The leasing office told me the property manager is going to give me a chance not to ruin my rental history and allow me to write my own letter stating I will vacate the premises within 30 days. When I asked if I have a deadline the lady only replied the sooner the better. This is the first time I ve ever lived on my own so I don t know how things work. Do I believe this or are they just trying to get me to leave? Also they said any money I give them will not be applied to rent but to the outstanding balance (of 900). Its all due by the 10th. Is this even legal? 4. The police station told me I need to tell the leasing office to contact them since I do not own the property they need to file a claim with the police insurance. What if my apartment refuses saying I m responsible? 5. I looked over my lease and it says I am not permitted to disturb the peace or permit any of my occupants visitors to do so. I feel like I did not disturb the peace it was the SWAT team and they were not invited nor did I permit them to do anything they did. 6. This happened in Silver Spring MD. I m going to walk over to the leasing office soon to discuss this and will update as soon as I can. Thanks guys again! All advice is welcome.
|
Do not turn a letter in. Unless your lease says tenant breaches lease if police bust down door and must vacate within 30 days unless you want to leave. They will keep your security deposit and charge monetary damages for the damage the police did if you do leave.
|
Do you have a lease? I find it unlikely that a mistake by the police could cause you to be in violation of it. Their insurance may or may not pay since they will have had a warrant and reason to believe that your ex was there. Hopefully they will but if not you are responsible for the repairs. Do you have renter s insurance?
| 165 | 51 |
2ravl2
| 134 |
Recently built in a new neighborhood in Des Moines Iowa with no existing HOA. Now neighbors want to start one. Hello all - Three years ago I inherited and built on a plot of land in an undeveloped area. I was the only house at the time and there was not an HOA in place as the rest of the land was undeveloped. The owner of the land back then didn t plan on doing anything with it but now that owner passed away and left their land to someone who sold it all as parcels for a development. Over the past 3 years 15 other houses have sprung up. All except one of the owners wants to create an HOA. They have selected 6 people to act as the board and the board has come up with their initial set of rules. I am not opposed to HOAs in general but I do disagree with the rules the HOA wants to enforce - I am already in violation of 6 of them. For example I do not have an attached garage and they require a minimum 2-car attached garage for every house. They limit dogs per house to 2 and have breed restrictions but I have 4 dogs and two are breeds they don t want to allow. They don t allow above-ground swimming pools keeping of non-pet animals (I keep chickens in the back yard) and you re not allowed to keep boats on your property you have to store them elsewhere - but I store my boat on my property. And my house itself is not up to their aesthetic standards nor are my garage shed. I restore classic vehicles and do a lot of work on my land but now almost no car work would be allowed on my own property. If they create an HOA and I am bound by it it s going to be very costly for me to be in compliance with their rules. I have lived in an HOA-governed home three times in the past and it has always been a pain. If I had known that this land would be sold and developed within a few years I would not have built here. I am having a hard time finding laws for starting a new HOA in Des Moines. I found stuff for what to do if I don t agree with new rules but not if I don t agree with having an HOA at all. I have these questions: 1. Can they create an HOA and make me bound to it even if I don t agree? 2. If they do that am I grandfathered in with the existing state of my property - or do I have to make changes to come into compliance? Thanks.
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I can t believe the gall of those people - let s tell the person who lived in this area before our homes were even built how his her house should look. I hate suburbs.
|
Just as an aside I just saw this post from a few hours ago http: redd.it 2ra562 to answer what might happen regarding being grandfathered in.
| 78 | 8 |
2ravl2
| 134 |
Recently built in a new neighborhood in Des Moines Iowa with no existing HOA. Now neighbors want to start one. Hello all - Three years ago I inherited and built on a plot of land in an undeveloped area. I was the only house at the time and there was not an HOA in place as the rest of the land was undeveloped. The owner of the land back then didn t plan on doing anything with it but now that owner passed away and left their land to someone who sold it all as parcels for a development. Over the past 3 years 15 other houses have sprung up. All except one of the owners wants to create an HOA. They have selected 6 people to act as the board and the board has come up with their initial set of rules. I am not opposed to HOAs in general but I do disagree with the rules the HOA wants to enforce - I am already in violation of 6 of them. For example I do not have an attached garage and they require a minimum 2-car attached garage for every house. They limit dogs per house to 2 and have breed restrictions but I have 4 dogs and two are breeds they don t want to allow. They don t allow above-ground swimming pools keeping of non-pet animals (I keep chickens in the back yard) and you re not allowed to keep boats on your property you have to store them elsewhere - but I store my boat on my property. And my house itself is not up to their aesthetic standards nor are my garage shed. I restore classic vehicles and do a lot of work on my land but now almost no car work would be allowed on my own property. If they create an HOA and I am bound by it it s going to be very costly for me to be in compliance with their rules. I have lived in an HOA-governed home three times in the past and it has always been a pain. If I had known that this land would be sold and developed within a few years I would not have built here. I am having a hard time finding laws for starting a new HOA in Des Moines. I found stuff for what to do if I don t agree with new rules but not if I don t agree with having an HOA at all. I have these questions: 1. Can they create an HOA and make me bound to it even if I don t agree? 2. If they do that am I grandfathered in with the existing state of my property - or do I have to make changes to come into compliance? Thanks.
|
I can t believe the gall of those people - let s tell the person who lived in this area before our homes were even built how his her house should look. I hate suburbs.
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Also you would be grand fathered since your house was there before the rules. I would propose to invent a review board for new construction instead of a Hoa.
| 78 | 12 |
2ravl2
| 134 |
Recently built in a new neighborhood in Des Moines Iowa with no existing HOA. Now neighbors want to start one. Hello all - Three years ago I inherited and built on a plot of land in an undeveloped area. I was the only house at the time and there was not an HOA in place as the rest of the land was undeveloped. The owner of the land back then didn t plan on doing anything with it but now that owner passed away and left their land to someone who sold it all as parcels for a development. Over the past 3 years 15 other houses have sprung up. All except one of the owners wants to create an HOA. They have selected 6 people to act as the board and the board has come up with their initial set of rules. I am not opposed to HOAs in general but I do disagree with the rules the HOA wants to enforce - I am already in violation of 6 of them. For example I do not have an attached garage and they require a minimum 2-car attached garage for every house. They limit dogs per house to 2 and have breed restrictions but I have 4 dogs and two are breeds they don t want to allow. They don t allow above-ground swimming pools keeping of non-pet animals (I keep chickens in the back yard) and you re not allowed to keep boats on your property you have to store them elsewhere - but I store my boat on my property. And my house itself is not up to their aesthetic standards nor are my garage shed. I restore classic vehicles and do a lot of work on my land but now almost no car work would be allowed on my own property. If they create an HOA and I am bound by it it s going to be very costly for me to be in compliance with their rules. I have lived in an HOA-governed home three times in the past and it has always been a pain. If I had known that this land would be sold and developed within a few years I would not have built here. I am having a hard time finding laws for starting a new HOA in Des Moines. I found stuff for what to do if I don t agree with new rules but not if I don t agree with having an HOA at all. I have these questions: 1. Can they create an HOA and make me bound to it even if I don t agree? 2. If they do that am I grandfathered in with the existing state of my property - or do I have to make changes to come into compliance? Thanks.
|
Beat them to it. Create your own one man HOA. Cool Kids only.
|
Just as an aside I just saw this post from a few hours ago http: redd.it 2ra562 to answer what might happen regarding being grandfathered in.
| 71 | 8 |
2ravl2
| 134 |
Recently built in a new neighborhood in Des Moines Iowa with no existing HOA. Now neighbors want to start one. Hello all - Three years ago I inherited and built on a plot of land in an undeveloped area. I was the only house at the time and there was not an HOA in place as the rest of the land was undeveloped. The owner of the land back then didn t plan on doing anything with it but now that owner passed away and left their land to someone who sold it all as parcels for a development. Over the past 3 years 15 other houses have sprung up. All except one of the owners wants to create an HOA. They have selected 6 people to act as the board and the board has come up with their initial set of rules. I am not opposed to HOAs in general but I do disagree with the rules the HOA wants to enforce - I am already in violation of 6 of them. For example I do not have an attached garage and they require a minimum 2-car attached garage for every house. They limit dogs per house to 2 and have breed restrictions but I have 4 dogs and two are breeds they don t want to allow. They don t allow above-ground swimming pools keeping of non-pet animals (I keep chickens in the back yard) and you re not allowed to keep boats on your property you have to store them elsewhere - but I store my boat on my property. And my house itself is not up to their aesthetic standards nor are my garage shed. I restore classic vehicles and do a lot of work on my land but now almost no car work would be allowed on my own property. If they create an HOA and I am bound by it it s going to be very costly for me to be in compliance with their rules. I have lived in an HOA-governed home three times in the past and it has always been a pain. If I had known that this land would be sold and developed within a few years I would not have built here. I am having a hard time finding laws for starting a new HOA in Des Moines. I found stuff for what to do if I don t agree with new rules but not if I don t agree with having an HOA at all. I have these questions: 1. Can they create an HOA and make me bound to it even if I don t agree? 2. If they do that am I grandfathered in with the existing state of my property - or do I have to make changes to come into compliance? Thanks.
|
Beat them to it. Create your own one man HOA. Cool Kids only.
|
Also you would be grand fathered since your house was there before the rules. I would propose to invent a review board for new construction instead of a Hoa.
| 71 | 12 |
2ravl2
| 134 |
Recently built in a new neighborhood in Des Moines Iowa with no existing HOA. Now neighbors want to start one. Hello all - Three years ago I inherited and built on a plot of land in an undeveloped area. I was the only house at the time and there was not an HOA in place as the rest of the land was undeveloped. The owner of the land back then didn t plan on doing anything with it but now that owner passed away and left their land to someone who sold it all as parcels for a development. Over the past 3 years 15 other houses have sprung up. All except one of the owners wants to create an HOA. They have selected 6 people to act as the board and the board has come up with their initial set of rules. I am not opposed to HOAs in general but I do disagree with the rules the HOA wants to enforce - I am already in violation of 6 of them. For example I do not have an attached garage and they require a minimum 2-car attached garage for every house. They limit dogs per house to 2 and have breed restrictions but I have 4 dogs and two are breeds they don t want to allow. They don t allow above-ground swimming pools keeping of non-pet animals (I keep chickens in the back yard) and you re not allowed to keep boats on your property you have to store them elsewhere - but I store my boat on my property. And my house itself is not up to their aesthetic standards nor are my garage shed. I restore classic vehicles and do a lot of work on my land but now almost no car work would be allowed on my own property. If they create an HOA and I am bound by it it s going to be very costly for me to be in compliance with their rules. I have lived in an HOA-governed home three times in the past and it has always been a pain. If I had known that this land would be sold and developed within a few years I would not have built here. I am having a hard time finding laws for starting a new HOA in Des Moines. I found stuff for what to do if I don t agree with new rules but not if I don t agree with having an HOA at all. I have these questions: 1. Can they create an HOA and make me bound to it even if I don t agree? 2. If they do that am I grandfathered in with the existing state of my property - or do I have to make changes to come into compliance? Thanks.
|
It sounds like barring any deed restrictions you re in the clear OP. Do remember however you re going to get the following once the others establish the HOA: - Anytime there s something that *might* be illegal (i.e. a nosy neighbor thinks it s illegal) you ll probably get the cops called. You can t play by their silly game? People are petty assholes when it comes to their property values. They may try to make your life hell. Be prepared to deal with this including by taking legal action for any forms of harassment. - Once the HOA is formed and one neighbor moves out and a new neighbor moves in they may try to get up in your ass about all your violations because they ll assume you re bound by the HOA rules. Just be prepared to deal with these assholes. - You will probably get frequent notices of violations with vague legal threats in the future. These go either to the circular file or they go to the cops. - Some of your neighbors will be very unpleasant to you because you didn t join their little club. Be vigilant and strong because guess what? They re unpleasant assholes to everyone and even if you sign they ll probably be assholes to you. - Keep those dogs on a tight tight leash. You might also want to install cameras. Anytime something happens in the neighborhood and your dogs are remotely related (especially the non-approved breeds) they will react with no mercy. This could mean something as simple as a dog getting out and someone feeling frightened over a friendly dog to someone deliberately agitating your dogs and or letting them out so that you can get in trouble. Neighbors for some reason like to fuck with other neighbor s dogs and it s the lowest form of scumbaggery there is. Be on the watchout for this and of course - keep your dogs secure.
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Just as an aside I just saw this post from a few hours ago http: redd.it 2ra562 to answer what might happen regarding being grandfathered in.
| 65 | 8 |
2rc6or
| 31 |
My friend always has a tall boy unopened in his car... This is out of curiosity and also looking for advice for my friend. He does not get wasted and drive but he does drive after drinking responsibly(in his opinion). His logic is that if he gets in a fender bender after he s been drinking then he will immediately act extremely shaken up and break out his unopened beer make sure the other person involved sees him open it after the accident then proceed to chug that tall boy so that the police will not know how much he had to drink before the accident. Now I know the police are not stupid and there has to be a law to prevent something like this. I have told him he is dumb for thinking this will work but I can t seem to find a good argument against him. What are the flaws in this logic or are there none?
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> What are the flaws in this logic Oh so many flaws. First as you point out the police prosecutors and juries aren t that stupid. No one who s **sober** will ever do this. No one who hasn t been drinking will chug a beer to confuse stuff. That alone is evidence. Second in many places being in control of a car even if not driving while drunk or drinking is illegal. Third BAC follows a pattern of ingestion and digestion over time. Put simply if you chug a whole beer right now the rate of rise and fall as well as the maximum BAC is easy to calculate. So they can easily take their tests figure out how much BAC was caused by the chugging and then charge him with the remainder.
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I m no lawyer but if he s in a fender bender and then downs another beer I don t think they will care that he had it after the accident. He s still in control of a vehicle (lots of fender benders you just drive home after) and now he s just raised his blood alcohol even more. It s just dumb on so many levels.
| 79 | 24 |
2rdxvy
| 110 |
Girlfriend playing with Kite at park accidentally lets go and it flies onto motorway and wraps around motorcyclists neck. Hi Amazingly bad luck situation for everyone involved but my girlfriend was playing with a Christmas present a kite. She was flying it at a local park after about 25-30 minutes she lost her grip and it quickly flew over a hill and through a bunch of trees onto a motorway. We didn t see it happen but somehow the string wrapped around a motorcyclists neck and scratched him before flying off. The motorcyclist pulled over and we were honest and said it was our Kite and apologized. I gave him my phone and name and then he said he will be taking legal action against us. I took a photo of the injury (see below) no blood was drawn. We are located in Australia. I do feel bad and there was some massive bad luck in play... But I m worried at how much I might need to pay out. Should I get a lawyer involved already or just wait for his phone call then proceed? http: imgur.com UrVvHSd http: imgur.com MWc4zCk Thanks for any advice
|
I was convinced this was some crazy hypothetical from the title.
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is it illegal to fly a kite in australia? it definitely sounds like some kind of fluke.
| 114 | 15 |
2rdxvy
| 110 |
Girlfriend playing with Kite at park accidentally lets go and it flies onto motorway and wraps around motorcyclists neck. Hi Amazingly bad luck situation for everyone involved but my girlfriend was playing with a Christmas present a kite. She was flying it at a local park after about 25-30 minutes she lost her grip and it quickly flew over a hill and through a bunch of trees onto a motorway. We didn t see it happen but somehow the string wrapped around a motorcyclists neck and scratched him before flying off. The motorcyclist pulled over and we were honest and said it was our Kite and apologized. I gave him my phone and name and then he said he will be taking legal action against us. I took a photo of the injury (see below) no blood was drawn. We are located in Australia. I do feel bad and there was some massive bad luck in play... But I m worried at how much I might need to pay out. Should I get a lawyer involved already or just wait for his phone call then proceed? http: imgur.com UrVvHSd http: imgur.com MWc4zCk Thanks for any advice
|
I was convinced this was some crazy hypothetical from the title.
|
you will definitely want to post this in r auslaw.
| 114 | 19 |
2rdxvy
| 110 |
Girlfriend playing with Kite at park accidentally lets go and it flies onto motorway and wraps around motorcyclists neck. Hi Amazingly bad luck situation for everyone involved but my girlfriend was playing with a Christmas present a kite. She was flying it at a local park after about 25-30 minutes she lost her grip and it quickly flew over a hill and through a bunch of trees onto a motorway. We didn t see it happen but somehow the string wrapped around a motorcyclists neck and scratched him before flying off. The motorcyclist pulled over and we were honest and said it was our Kite and apologized. I gave him my phone and name and then he said he will be taking legal action against us. I took a photo of the injury (see below) no blood was drawn. We are located in Australia. I do feel bad and there was some massive bad luck in play... But I m worried at how much I might need to pay out. Should I get a lawyer involved already or just wait for his phone call then proceed? http: imgur.com UrVvHSd http: imgur.com MWc4zCk Thanks for any advice
|
A real life Palsgraf everyone? Part of the essence of a tort is foreseableility. If you leave a carpet piece sticking up in front of a stairs is it reasonable and foreseeable to see that someone will trip down the stairs and badly hurt themselves? Yes. So you are negligent and need to pay if someone trips and falls down. Is it foreseeable that if you fly a kite you could lose it? Yes. Is it foreseeable that it s wayward string will scratch a motorcyclist in the neck? I don t think so. Causation will be a tough thing for this guy to prove along with actual injury. A scratch is worth the change in my pocket. I wouldn t worry too much about this. On a side note I thought Aussies were tough. You live in a place where everything alive wants to kill you. And this joey wants to go to court and say he was traumatized by a little girls kite string? Jesus. You sure this wasn t a French or Italian tourist?
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Do you have home and or contents insurance? You more than likely have liability insurance through them.
| 89 | 3 |
2rdxvy
| 110 |
Girlfriend playing with Kite at park accidentally lets go and it flies onto motorway and wraps around motorcyclists neck. Hi Amazingly bad luck situation for everyone involved but my girlfriend was playing with a Christmas present a kite. She was flying it at a local park after about 25-30 minutes she lost her grip and it quickly flew over a hill and through a bunch of trees onto a motorway. We didn t see it happen but somehow the string wrapped around a motorcyclists neck and scratched him before flying off. The motorcyclist pulled over and we were honest and said it was our Kite and apologized. I gave him my phone and name and then he said he will be taking legal action against us. I took a photo of the injury (see below) no blood was drawn. We are located in Australia. I do feel bad and there was some massive bad luck in play... But I m worried at how much I might need to pay out. Should I get a lawyer involved already or just wait for his phone call then proceed? http: imgur.com UrVvHSd http: imgur.com MWc4zCk Thanks for any advice
|
A real life Palsgraf everyone? Part of the essence of a tort is foreseableility. If you leave a carpet piece sticking up in front of a stairs is it reasonable and foreseeable to see that someone will trip down the stairs and badly hurt themselves? Yes. So you are negligent and need to pay if someone trips and falls down. Is it foreseeable that if you fly a kite you could lose it? Yes. Is it foreseeable that it s wayward string will scratch a motorcyclist in the neck? I don t think so. Causation will be a tough thing for this guy to prove along with actual injury. A scratch is worth the change in my pocket. I wouldn t worry too much about this. On a side note I thought Aussies were tough. You live in a place where everything alive wants to kill you. And this joey wants to go to court and say he was traumatized by a little girls kite string? Jesus. You sure this wasn t a French or Italian tourist?
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is it illegal to fly a kite in australia? it definitely sounds like some kind of fluke.
| 89 | 15 |
2rdxvy
| 110 |
Girlfriend playing with Kite at park accidentally lets go and it flies onto motorway and wraps around motorcyclists neck. Hi Amazingly bad luck situation for everyone involved but my girlfriend was playing with a Christmas present a kite. She was flying it at a local park after about 25-30 minutes she lost her grip and it quickly flew over a hill and through a bunch of trees onto a motorway. We didn t see it happen but somehow the string wrapped around a motorcyclists neck and scratched him before flying off. The motorcyclist pulled over and we were honest and said it was our Kite and apologized. I gave him my phone and name and then he said he will be taking legal action against us. I took a photo of the injury (see below) no blood was drawn. We are located in Australia. I do feel bad and there was some massive bad luck in play... But I m worried at how much I might need to pay out. Should I get a lawyer involved already or just wait for his phone call then proceed? http: imgur.com UrVvHSd http: imgur.com MWc4zCk Thanks for any advice
|
A real life Palsgraf everyone? Part of the essence of a tort is foreseableility. If you leave a carpet piece sticking up in front of a stairs is it reasonable and foreseeable to see that someone will trip down the stairs and badly hurt themselves? Yes. So you are negligent and need to pay if someone trips and falls down. Is it foreseeable that if you fly a kite you could lose it? Yes. Is it foreseeable that it s wayward string will scratch a motorcyclist in the neck? I don t think so. Causation will be a tough thing for this guy to prove along with actual injury. A scratch is worth the change in my pocket. I wouldn t worry too much about this. On a side note I thought Aussies were tough. You live in a place where everything alive wants to kill you. And this joey wants to go to court and say he was traumatized by a little girls kite string? Jesus. You sure this wasn t a French or Italian tourist?
|
you will definitely want to post this in r auslaw.
| 89 | 19 |
2rfqgz
| 29 |
[South Carolina] Coworkers harass me for the type of coffee I drink. Good evening I am a non openly gay male who like a handful of other Americans enjoys a cup of coffee or two in the morning. I recently started employment with a firm here in the state of South Carolina. A mom & pop firm. No HR department and it s a very family type of company. I haven t disclosed my sexual orientation to them because it is not required. Generally I would have approached a Human Relations individual and have this addressed. But I fear there would be a retaliation towards me. Or my secret would be spread across the office. I drink coffee...but it s a San Francisco coffee brand. I love it very rich & smooth type of coffee. Not a big deal. But I have a coworker (including the owner) give me hell for it. Often calling it gay coffee . Oh u Throwaway_SC_ drinking that gay coffee again or Drinking that faggot coffee again u Throwaway_SC_ ? I m at the breaking point here. I started to hate coming into work to deal with just the type of coffee I choose to drink. South Carolina does have a at will state fyi. So they can fire me for incompetence but truly would fire me because I love my own gender. Help.... Need some advice. Edit: Deleting this post because majority of the replies are breaking the rule It s ok to joke around a bit but it s not ok to ONLY joke around here. I understood and it was made apparent that orientation is not a protected class. Got it. Let s just drop it at that and move on.
|
Thicker skin and try countering with some witty comebacks? Faggot coffee? OH MY GOD DON T GET ANY ON YOU! (optional spit-take encouraged.) I have to admit I am now curious as to what exactly makes it gay coffee. Are there other foodstuffs that could denote the same? How about pralines? Or angel hair pasta? Would you say that garlic falls solely within the confines of faggot or would you expand that to include lesbians? Where exactly is the line drawn? And for that matter *you seem to be taking a very intense interest in coffee and sexuality.* Perhaps there s something you d like to explain to everyone? I like my coffee apparently how you like your cock.. Wait for it wait for it.. Ah there. He got it. You re right about San Francisco and that gay coffee thing heh heh heh.. You know this is going to be wild but I used to know a gay guy who had that *exact same shirt and pants combo..* that you re wearing right now. I mean sorry man not judging or anything but you re always going on about my gay coffee and you in that outfit..
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What city are you in? In general for South Carolina [this is legal behavior](http: www.lambdalegal.org states-regions south-carolina). Not legal advice but can you put the coffee in an unmarked cup? And or tell the guy to knock it off?
| 69 | 2 |
2rfqgz
| 29 |
[South Carolina] Coworkers harass me for the type of coffee I drink. Good evening I am a non openly gay male who like a handful of other Americans enjoys a cup of coffee or two in the morning. I recently started employment with a firm here in the state of South Carolina. A mom & pop firm. No HR department and it s a very family type of company. I haven t disclosed my sexual orientation to them because it is not required. Generally I would have approached a Human Relations individual and have this addressed. But I fear there would be a retaliation towards me. Or my secret would be spread across the office. I drink coffee...but it s a San Francisco coffee brand. I love it very rich & smooth type of coffee. Not a big deal. But I have a coworker (including the owner) give me hell for it. Often calling it gay coffee . Oh u Throwaway_SC_ drinking that gay coffee again or Drinking that faggot coffee again u Throwaway_SC_ ? I m at the breaking point here. I started to hate coming into work to deal with just the type of coffee I choose to drink. South Carolina does have a at will state fyi. So they can fire me for incompetence but truly would fire me because I love my own gender. Help.... Need some advice. Edit: Deleting this post because majority of the replies are breaking the rule It s ok to joke around a bit but it s not ok to ONLY joke around here. I understood and it was made apparent that orientation is not a protected class. Got it. Let s just drop it at that and move on.
|
Thicker skin and try countering with some witty comebacks? Faggot coffee? OH MY GOD DON T GET ANY ON YOU! (optional spit-take encouraged.) I have to admit I am now curious as to what exactly makes it gay coffee. Are there other foodstuffs that could denote the same? How about pralines? Or angel hair pasta? Would you say that garlic falls solely within the confines of faggot or would you expand that to include lesbians? Where exactly is the line drawn? And for that matter *you seem to be taking a very intense interest in coffee and sexuality.* Perhaps there s something you d like to explain to everyone? I like my coffee apparently how you like your cock.. Wait for it wait for it.. Ah there. He got it. You re right about San Francisco and that gay coffee thing heh heh heh.. You know this is going to be wild but I used to know a gay guy who had that *exact same shirt and pants combo..* that you re wearing right now. I mean sorry man not judging or anything but you re always going on about my gay coffee and you in that outfit..
|
It s legal for them to harass you for the type of coffee you drink. It s also legal for them to harass you (or fire you) for being gay unless you work in one of the few cities in South Carolina that have their own law against it.
| 69 | 4 |
2rfqgz
| 29 |
[South Carolina] Coworkers harass me for the type of coffee I drink. Good evening I am a non openly gay male who like a handful of other Americans enjoys a cup of coffee or two in the morning. I recently started employment with a firm here in the state of South Carolina. A mom & pop firm. No HR department and it s a very family type of company. I haven t disclosed my sexual orientation to them because it is not required. Generally I would have approached a Human Relations individual and have this addressed. But I fear there would be a retaliation towards me. Or my secret would be spread across the office. I drink coffee...but it s a San Francisco coffee brand. I love it very rich & smooth type of coffee. Not a big deal. But I have a coworker (including the owner) give me hell for it. Often calling it gay coffee . Oh u Throwaway_SC_ drinking that gay coffee again or Drinking that faggot coffee again u Throwaway_SC_ ? I m at the breaking point here. I started to hate coming into work to deal with just the type of coffee I choose to drink. South Carolina does have a at will state fyi. So they can fire me for incompetence but truly would fire me because I love my own gender. Help.... Need some advice. Edit: Deleting this post because majority of the replies are breaking the rule It s ok to joke around a bit but it s not ok to ONLY joke around here. I understood and it was made apparent that orientation is not a protected class. Got it. Let s just drop it at that and move on.
|
Thicker skin and try countering with some witty comebacks? Faggot coffee? OH MY GOD DON T GET ANY ON YOU! (optional spit-take encouraged.) I have to admit I am now curious as to what exactly makes it gay coffee. Are there other foodstuffs that could denote the same? How about pralines? Or angel hair pasta? Would you say that garlic falls solely within the confines of faggot or would you expand that to include lesbians? Where exactly is the line drawn? And for that matter *you seem to be taking a very intense interest in coffee and sexuality.* Perhaps there s something you d like to explain to everyone? I like my coffee apparently how you like your cock.. Wait for it wait for it.. Ah there. He got it. You re right about San Francisco and that gay coffee thing heh heh heh.. You know this is going to be wild but I used to know a gay guy who had that *exact same shirt and pants combo..* that you re wearing right now. I mean sorry man not judging or anything but you re always going on about my gay coffee and you in that outfit..
|
Sexual orientation is generally not a protected class under the Civil Rights Act. There is some case law that s been developing based on gender discrimination and perceived stereotypes. In other words discrimination based on you being a man who doesn t fit into the stereotype of liking women and drinking manly coffee. My advice? Tell the guy it bothers you and you d appreciate it if he stopped.
| 69 | 4 |
2rfqgz
| 29 |
[South Carolina] Coworkers harass me for the type of coffee I drink. Good evening I am a non openly gay male who like a handful of other Americans enjoys a cup of coffee or two in the morning. I recently started employment with a firm here in the state of South Carolina. A mom & pop firm. No HR department and it s a very family type of company. I haven t disclosed my sexual orientation to them because it is not required. Generally I would have approached a Human Relations individual and have this addressed. But I fear there would be a retaliation towards me. Or my secret would be spread across the office. I drink coffee...but it s a San Francisco coffee brand. I love it very rich & smooth type of coffee. Not a big deal. But I have a coworker (including the owner) give me hell for it. Often calling it gay coffee . Oh u Throwaway_SC_ drinking that gay coffee again or Drinking that faggot coffee again u Throwaway_SC_ ? I m at the breaking point here. I started to hate coming into work to deal with just the type of coffee I choose to drink. South Carolina does have a at will state fyi. So they can fire me for incompetence but truly would fire me because I love my own gender. Help.... Need some advice. Edit: Deleting this post because majority of the replies are breaking the rule It s ok to joke around a bit but it s not ok to ONLY joke around here. I understood and it was made apparent that orientation is not a protected class. Got it. Let s just drop it at that and move on.
|
Thicker skin and try countering with some witty comebacks? Faggot coffee? OH MY GOD DON T GET ANY ON YOU! (optional spit-take encouraged.) I have to admit I am now curious as to what exactly makes it gay coffee. Are there other foodstuffs that could denote the same? How about pralines? Or angel hair pasta? Would you say that garlic falls solely within the confines of faggot or would you expand that to include lesbians? Where exactly is the line drawn? And for that matter *you seem to be taking a very intense interest in coffee and sexuality.* Perhaps there s something you d like to explain to everyone? I like my coffee apparently how you like your cock.. Wait for it wait for it.. Ah there. He got it. You re right about San Francisco and that gay coffee thing heh heh heh.. You know this is going to be wild but I used to know a gay guy who had that *exact same shirt and pants combo..* that you re wearing right now. I mean sorry man not judging or anything but you re always going on about my gay coffee and you in that outfit..
|
Because you are not openly gay they are very likely making tasteless but not malicious jokes at your expense. You can tell them to knock it off or better yet dish it right back at them and learn to laugh at yourself a little. They are not discriminating against you because you are gay and people who like gay coffee are not a protected class.
| 69 | 12 |
2rfrno
| 162 |
My sons cracked a woman s windshield. I agreed to pay for it...but now she is telling me it cost much more than it should have. She wouldn t tell me who did the work but I have found out it was her own brother. MN My son s wanted to practice baseball outside. I let them go to the side of the building where there were no windows so nothing to break. We live on a dead end street with no parking allowed so I didn t think any cars would be around. Of course just our luck my son gets the best hit of his life and I look out the window just in time to see the ball soar into the street...where a woman was driving toward the dead end and the ball hit her windshield. I agreed to pay for it thinking it wouldn t be that expensive. I asked her to get a quote and mail email me a copy. It has been 10 days. Instead of sending me a quote she skipped right ahead to a receipt. She says the replacement windshield (the part itself) cost $900 and it took her mechanic 7 hours at $150 hour to do the work. The total on the receipt is $1950. There was no mechanic name shop name listed on the receipt. I asked where the work was done so I could confirm the cost with them and she refused to say and said it was none of my business. While I was mulling that over I kept thinking I knew her from somewhere and thought she might have gone to school with my sister. I then looked her up on Facebook...and saw that she had posted a picture of the replacement being done. The guy doing the replacement is her brother (she captioned it putting my brother to work replacing my windshield ). What should I be doing right now? I don t want to pay up unless she can prove that s actually a reasonable cost and give a legitimate source for the quote. Do I need a lawyer? Thanks EDIT: and before anyone asks no I do not have an insurance policy that will cover this and she claims she doesn t either
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Call around to several glass repair shops for estimates to replace the windshield on her make model year. Give her a reasonable counter-offer based on those estimates. If she refuses she ll have to sue you in small claims court. If that happens go to court with: 1. The screenshot from Facebook to demonstrate that her receipt probably wasn t legitimate. 2. Estimates from local mechanics and proof that you offered her that amount (e-mail is fine). The ball is in her court.
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If you believe it unreasonable and refuse her recourse is to sue you in small claims court. You ll have to argue your case there.
| 199 | 12 |
2rfrno
| 162 |
My sons cracked a woman s windshield. I agreed to pay for it...but now she is telling me it cost much more than it should have. She wouldn t tell me who did the work but I have found out it was her own brother. MN My son s wanted to practice baseball outside. I let them go to the side of the building where there were no windows so nothing to break. We live on a dead end street with no parking allowed so I didn t think any cars would be around. Of course just our luck my son gets the best hit of his life and I look out the window just in time to see the ball soar into the street...where a woman was driving toward the dead end and the ball hit her windshield. I agreed to pay for it thinking it wouldn t be that expensive. I asked her to get a quote and mail email me a copy. It has been 10 days. Instead of sending me a quote she skipped right ahead to a receipt. She says the replacement windshield (the part itself) cost $900 and it took her mechanic 7 hours at $150 hour to do the work. The total on the receipt is $1950. There was no mechanic name shop name listed on the receipt. I asked where the work was done so I could confirm the cost with them and she refused to say and said it was none of my business. While I was mulling that over I kept thinking I knew her from somewhere and thought she might have gone to school with my sister. I then looked her up on Facebook...and saw that she had posted a picture of the replacement being done. The guy doing the replacement is her brother (she captioned it putting my brother to work replacing my windshield ). What should I be doing right now? I don t want to pay up unless she can prove that s actually a reasonable cost and give a legitimate source for the quote. Do I need a lawyer? Thanks EDIT: and before anyone asks no I do not have an insurance policy that will cover this and she claims she doesn t either
|
Call around to several glass repair shops for estimates to replace the windshield on her make model year. Give her a reasonable counter-offer based on those estimates. If she refuses she ll have to sue you in small claims court. If that happens go to court with: 1. The screenshot from Facebook to demonstrate that her receipt probably wasn t legitimate. 2. Estimates from local mechanics and proof that you offered her that amount (e-mail is fine). The ball is in her court.
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If you don t want to pay that amount either negotiate or tell her you won t pay anything and make her take you to small claims court where a judge will decide.
| 199 | 23 |
2rfrno
| 162 |
My sons cracked a woman s windshield. I agreed to pay for it...but now she is telling me it cost much more than it should have. She wouldn t tell me who did the work but I have found out it was her own brother. MN My son s wanted to practice baseball outside. I let them go to the side of the building where there were no windows so nothing to break. We live on a dead end street with no parking allowed so I didn t think any cars would be around. Of course just our luck my son gets the best hit of his life and I look out the window just in time to see the ball soar into the street...where a woman was driving toward the dead end and the ball hit her windshield. I agreed to pay for it thinking it wouldn t be that expensive. I asked her to get a quote and mail email me a copy. It has been 10 days. Instead of sending me a quote she skipped right ahead to a receipt. She says the replacement windshield (the part itself) cost $900 and it took her mechanic 7 hours at $150 hour to do the work. The total on the receipt is $1950. There was no mechanic name shop name listed on the receipt. I asked where the work was done so I could confirm the cost with them and she refused to say and said it was none of my business. While I was mulling that over I kept thinking I knew her from somewhere and thought she might have gone to school with my sister. I then looked her up on Facebook...and saw that she had posted a picture of the replacement being done. The guy doing the replacement is her brother (she captioned it putting my brother to work replacing my windshield ). What should I be doing right now? I don t want to pay up unless she can prove that s actually a reasonable cost and give a legitimate source for the quote. Do I need a lawyer? Thanks EDIT: and before anyone asks no I do not have an insurance policy that will cover this and she claims she doesn t either
|
Take a screen shot of her FB post. Call around and get written quotes to replace the windshield. Make her an offer (written) based on the quotes you got. If she sues you bring the evidence you ve collected (screen shot lowest quote and offer).
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If you believe it unreasonable and refuse her recourse is to sue you in small claims court. You ll have to argue your case there.
| 83 | 12 |
2rfrno
| 162 |
My sons cracked a woman s windshield. I agreed to pay for it...but now she is telling me it cost much more than it should have. She wouldn t tell me who did the work but I have found out it was her own brother. MN My son s wanted to practice baseball outside. I let them go to the side of the building where there were no windows so nothing to break. We live on a dead end street with no parking allowed so I didn t think any cars would be around. Of course just our luck my son gets the best hit of his life and I look out the window just in time to see the ball soar into the street...where a woman was driving toward the dead end and the ball hit her windshield. I agreed to pay for it thinking it wouldn t be that expensive. I asked her to get a quote and mail email me a copy. It has been 10 days. Instead of sending me a quote she skipped right ahead to a receipt. She says the replacement windshield (the part itself) cost $900 and it took her mechanic 7 hours at $150 hour to do the work. The total on the receipt is $1950. There was no mechanic name shop name listed on the receipt. I asked where the work was done so I could confirm the cost with them and she refused to say and said it was none of my business. While I was mulling that over I kept thinking I knew her from somewhere and thought she might have gone to school with my sister. I then looked her up on Facebook...and saw that she had posted a picture of the replacement being done. The guy doing the replacement is her brother (she captioned it putting my brother to work replacing my windshield ). What should I be doing right now? I don t want to pay up unless she can prove that s actually a reasonable cost and give a legitimate source for the quote. Do I need a lawyer? Thanks EDIT: and before anyone asks no I do not have an insurance policy that will cover this and she claims she doesn t either
|
From someone who has done auto glass in the past no way it took 7 hours to do a windshield. Hell I did one this summer on the neighbor s truck in about an hour... Find out the make and model of her vehicle. Call around to 3 or 4 autoglass companies to get a quote for replacing it get written quotes if possible. Average the quotes and offer that as a reasonable cost. Two grand is outrageous.
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That labor is ridiculous.
| 68 | 5 |
2rfrno
| 162 |
My sons cracked a woman s windshield. I agreed to pay for it...but now she is telling me it cost much more than it should have. She wouldn t tell me who did the work but I have found out it was her own brother. MN My son s wanted to practice baseball outside. I let them go to the side of the building where there were no windows so nothing to break. We live on a dead end street with no parking allowed so I didn t think any cars would be around. Of course just our luck my son gets the best hit of his life and I look out the window just in time to see the ball soar into the street...where a woman was driving toward the dead end and the ball hit her windshield. I agreed to pay for it thinking it wouldn t be that expensive. I asked her to get a quote and mail email me a copy. It has been 10 days. Instead of sending me a quote she skipped right ahead to a receipt. She says the replacement windshield (the part itself) cost $900 and it took her mechanic 7 hours at $150 hour to do the work. The total on the receipt is $1950. There was no mechanic name shop name listed on the receipt. I asked where the work was done so I could confirm the cost with them and she refused to say and said it was none of my business. While I was mulling that over I kept thinking I knew her from somewhere and thought she might have gone to school with my sister. I then looked her up on Facebook...and saw that she had posted a picture of the replacement being done. The guy doing the replacement is her brother (she captioned it putting my brother to work replacing my windshield ). What should I be doing right now? I don t want to pay up unless she can prove that s actually a reasonable cost and give a legitimate source for the quote. Do I need a lawyer? Thanks EDIT: and before anyone asks no I do not have an insurance policy that will cover this and she claims she doesn t either
|
Take a screen shot of her FB post. Call around and get written quotes to replace the windshield. Make her an offer (written) based on the quotes you got. If she sues you bring the evidence you ve collected (screen shot lowest quote and offer).
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If you don t want to pay that amount either negotiate or tell her you won t pay anything and make her take you to small claims court where a judge will decide.
| 83 | 23 |
2rimnb
| 219 |
My lease ends January 31st but they moved a new tenant into the apartment on the 5th. Iowa state. Questions about January rent and deposit. I leased an apartment from February 1 2014 through January 31st 2015. When I signed the lease they said I could pay rent on the 1st of each month (paying a total of $10 320) OR I could get a free month by paying up front all at once and only have to pay $9460. I chose the latter option. I bought a house and closed in the first few days of December. Since I d already paid rent through January 31st I decided to just take my sweet time moving and cleaning. I moved my stuff out slowly over the course of December taking my time getting the new house set up. I emailed the landlord office and scheduled a check-out appointment where we do a walk-through for cleaning damages and I turn in my keys. We scheduled it for January 30th. I took out the last of my items on December 30th. The apartment needs a lot of TLC with cleaning since I lived there for 8 years so I was planning on taking my time doing it until my lease ends going by a couple of times a week to work on stuff. I made an appointment to have carpets cleaned (required by my lease) for the 12th. I showed up last night to work on some cleaning and found the lock had been changed. Someone answered it having heard me fumbling with the door. Apparently a maintenance employee went to my apartment to change the furnace filter on the 2nd and noticed that the place was empty except for cleaning products. The apartment complex considered it vacated. They sent in their own maintenance people to clean the place and then told the new tenant (who was supposed to move in February 1st) that he could pay pro-rated rent for January and move in early on the evening of January 4th and he did. My concerns are as follows: * I paid rent through January 31st but obviously I am no longer able to use the apartment. * They cleaned the place and fixed things I myself would have fixed such as spackling nail holes. But they did it before my lease was even up and before the check-out appointment they scheduled with me. Now they say they are keeping my deposit for the costs of cleaning the apartment doing a professional carpet cleaning and the minor repairs needed. * The items left in my apartment included several boxes of cleaning supplies my vacuum cleaner a chair stereo a ladder and a stepstool. They said they assumed it was all trash and threw it away. While I don t care much about the cleaning supplies or chair the vacuum cleaner was a $400 Dyson purchased only three weeks ago as a housewarming gift from my mom. It was still in the box and had never been used. The ladder stepstool stereo were also definitely not junk. The landlord takes no responsibility for it. * Throughout all this they made absolutely no effort to contact me. They have my cell number and my work number and my email address. They did not even make a slight effort to check with me. My questions: * Am I entitled to a return of 1 month s rent since they changed the lock on the 2nd and had someone else move in on the 4th? * How should the situation work with the deposit? They don t want to return it because they cleaned the place...but they cleaned it before my check out appointment which was the official time they said they d assess cleaning and damages. * Should they be paying me reasonable costs for the items they say they threw away? They told me to take it up with my insurance but my insurance says that this is a communication issue between me and my landlord not an insurance issue. Thanks. EDIT: Also I am required in my lease to have carpets clean. They said it had to be on their approved list of 4 carpet cleaning companies so I called one of them and went with the lowest quote. I had to pay up front. They refunded half but won t refund the other half. So I m out $80 which also sucks.
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Check your utility bills. If you weren t expecting to be out they may still be in your name. Terminate them immediately and add the January amount to what you re owed.
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No advice just a big WHAT THE HELL? You seem to be handling this much more calmly than I would. Kudos!
| 73 | 16 |
2rimnb
| 219 |
My lease ends January 31st but they moved a new tenant into the apartment on the 5th. Iowa state. Questions about January rent and deposit. I leased an apartment from February 1 2014 through January 31st 2015. When I signed the lease they said I could pay rent on the 1st of each month (paying a total of $10 320) OR I could get a free month by paying up front all at once and only have to pay $9460. I chose the latter option. I bought a house and closed in the first few days of December. Since I d already paid rent through January 31st I decided to just take my sweet time moving and cleaning. I moved my stuff out slowly over the course of December taking my time getting the new house set up. I emailed the landlord office and scheduled a check-out appointment where we do a walk-through for cleaning damages and I turn in my keys. We scheduled it for January 30th. I took out the last of my items on December 30th. The apartment needs a lot of TLC with cleaning since I lived there for 8 years so I was planning on taking my time doing it until my lease ends going by a couple of times a week to work on stuff. I made an appointment to have carpets cleaned (required by my lease) for the 12th. I showed up last night to work on some cleaning and found the lock had been changed. Someone answered it having heard me fumbling with the door. Apparently a maintenance employee went to my apartment to change the furnace filter on the 2nd and noticed that the place was empty except for cleaning products. The apartment complex considered it vacated. They sent in their own maintenance people to clean the place and then told the new tenant (who was supposed to move in February 1st) that he could pay pro-rated rent for January and move in early on the evening of January 4th and he did. My concerns are as follows: * I paid rent through January 31st but obviously I am no longer able to use the apartment. * They cleaned the place and fixed things I myself would have fixed such as spackling nail holes. But they did it before my lease was even up and before the check-out appointment they scheduled with me. Now they say they are keeping my deposit for the costs of cleaning the apartment doing a professional carpet cleaning and the minor repairs needed. * The items left in my apartment included several boxes of cleaning supplies my vacuum cleaner a chair stereo a ladder and a stepstool. They said they assumed it was all trash and threw it away. While I don t care much about the cleaning supplies or chair the vacuum cleaner was a $400 Dyson purchased only three weeks ago as a housewarming gift from my mom. It was still in the box and had never been used. The ladder stepstool stereo were also definitely not junk. The landlord takes no responsibility for it. * Throughout all this they made absolutely no effort to contact me. They have my cell number and my work number and my email address. They did not even make a slight effort to check with me. My questions: * Am I entitled to a return of 1 month s rent since they changed the lock on the 2nd and had someone else move in on the 4th? * How should the situation work with the deposit? They don t want to return it because they cleaned the place...but they cleaned it before my check out appointment which was the official time they said they d assess cleaning and damages. * Should they be paying me reasonable costs for the items they say they threw away? They told me to take it up with my insurance but my insurance says that this is a communication issue between me and my landlord not an insurance issue. Thanks. EDIT: Also I am required in my lease to have carpets clean. They said it had to be on their approved list of 4 carpet cleaning companies so I called one of them and went with the lowest quote. I had to pay up front. They refunded half but won t refund the other half. So I m out $80 which also sucks.
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Op please keep us updated. I m very curious to see how this one turns out.
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Yeah... This is very much illegal. Call them and tell them that they need to refund your full deposit plus the replacement cost of the items that they threw away otherwise you ll take them to court. Your rent was current and they violated the contract.
| 80 | 27 |
2rktxj
| 87 |
I [25f] need help understanding why my ex [21m] needs to pay child support. *cross post from r relationships. **we live in the states. Jake and I were together for 3.5 years. We rented a house had a dog a cat and eventually a baby [1m]. We never had good communication. There were a lot of problems in our relationship but we loved each other. It wasn t enough. We split in July. (I do have a previous post that was me freaking out basically). We have gone to custody court twice the second time was today but it had to be rescheduled for a later date because of my lawyer being ill. The arrangement right now is i have him five nights a week and he has him two nights. We have a child support hearing next week and today he asked me not to follow through with it because it will ruin him financially. His points were : *won t be able to start a savings. *won t be able to buy a new car. *can barely pay for his bills as is. *will never be able to work more than a minimum wage job. *can never go on vacation. The reason he brings this up is because I told him I dont intend on using his money but rather put it in the savings account I have open for our son. That way he can have a mildly secure financial future. He wants to know why he has to pay child support if I m not even going to use the money. And I honestly don t have a response for that. He wants me to call court tomorrow to see if I can cancel the court date. Some other points I think may be important - he says it s not his responsibility to pay for baby s things on my time since it s not my responsibility to pay for things on his time. I asked him for help for a bed for our son (he sleeps in a pack and play at my house and he s 15 months old while he sleeps in a crib at Jakes house). He told me he can t afford it. I ve asked him for help regarding daycare because I want to get him into it once or twice a week and his answer was the same. **edit: I just want to thank each and every one of you for your responses be it nice and helpful or harsh with tough love. You guys gave me exactly what I needed to stand up for myself and not let him dictate the terms. I plan on speaking with Jake tomorrow using everyone s advice and knowledge. Thank you again.** Tldr why should my ex pay child support?
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He should pay child support because he is legally morally and ethically obligated to provide support for his child. > He wants to know why he has to pay child support if I m not even going to use the money. You are using the money. If you didn t have to provide all of the child s needs then your money could go into a college fund or savings. The fact that his check is going into savings rather than to pay for daily bills is irrelevant. > *will never be able to work more than a minimum wage job. Why is that exactly? > *won t be able to buy a new car. > *can never go on vacation. Boo hoo for him. He needs to start thinking like a parent. > he says it s not his responsibility to pay for baby s things on my time since it s not my responsibility to pay for things on his time. His support obligation will be reduced commensurately by the amount of custody time he has. > I asked him for help for a bed for our son (he sleeps in a pack and play at my house and he s 15 months old while he sleeps in a crib at Jakes house). He told me he can t afford it. > I ve asked him for help regarding daycare because I want to get him into it once or twice a week and his answer was the same. These examples demonstrate perfectly why he needs to be paying support. Do not back down. This is for your kid.
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| 183 | 2 |
2rn7ny
| 392 |
I bought a house in Iowa for my grandmother to live in but I have always been the legal owner of the house. Now my grandmother has passed away and her daughter wants the house. I bought the house in 2004 and grandma lived in it for ten years before she passed away. She picked the house decorated it made decisions about it etc. It was hers in all emotional aspects. However I legally own the house (she is not on any documents) and I paid for all upkeep repairs utilities property taxes etc. I never treated it like my house - when I came over I knocked when I needed to do some kind of upkeep I gave her notice and everyone called it grandma s house not televiv s house that grandma lives in. Right after I bought the house we briefly discussed what would happen to it after grandma died. Grandma s suggestion was that if I wanted to sell it then sell it but maybe if I didn t want to sell it I could keep it as a rental property and put some of the profits toward a college fund for her great-grandkids who are all toddlers right now. When grandma passed I decided to go ahead and do that. Apparently my grandmother s oldest daughter (my aunt) expected that she would inherit the house upon my grandmother s passing. She did not know that my grandmother was never the legal owner of the house. She has asked me for the house and I declined the request. Now she says she plans to sue for it because she believes the house was obviously a gift to my grandma and owned by my grandma even if that s not what documents say. So she feels it should belong to her and her siblings (she knows none of her siblings need the house as they all own houses [and live] in other states so it would pretty much be hers.) Is there any basis to this? Do I need to get a lawyer? Thanks.
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As other people here have noted you have no need to worry about a lawsuit from your aunt. Frankly I can t imagine she will find a lawyer to take her money. One thing to keep in mind: Do **not** under any circumstances allow your aunt to take up residence or occupy the house in any manner. If she sets herself up as a squatter it s a real pain in the ass to get her out.
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She has no claim to it.
| 450 | 5 |
2rn7ny
| 392 |
I bought a house in Iowa for my grandmother to live in but I have always been the legal owner of the house. Now my grandmother has passed away and her daughter wants the house. I bought the house in 2004 and grandma lived in it for ten years before she passed away. She picked the house decorated it made decisions about it etc. It was hers in all emotional aspects. However I legally own the house (she is not on any documents) and I paid for all upkeep repairs utilities property taxes etc. I never treated it like my house - when I came over I knocked when I needed to do some kind of upkeep I gave her notice and everyone called it grandma s house not televiv s house that grandma lives in. Right after I bought the house we briefly discussed what would happen to it after grandma died. Grandma s suggestion was that if I wanted to sell it then sell it but maybe if I didn t want to sell it I could keep it as a rental property and put some of the profits toward a college fund for her great-grandkids who are all toddlers right now. When grandma passed I decided to go ahead and do that. Apparently my grandmother s oldest daughter (my aunt) expected that she would inherit the house upon my grandmother s passing. She did not know that my grandmother was never the legal owner of the house. She has asked me for the house and I declined the request. Now she says she plans to sue for it because she believes the house was obviously a gift to my grandma and owned by my grandma even if that s not what documents say. So she feels it should belong to her and her siblings (she knows none of her siblings need the house as they all own houses [and live] in other states so it would pretty much be hers.) Is there any basis to this? Do I need to get a lawyer? Thanks.
|
As other people here have noted you have no need to worry about a lawsuit from your aunt. Frankly I can t imagine she will find a lawyer to take her money. One thing to keep in mind: Do **not** under any circumstances allow your aunt to take up residence or occupy the house in any manner. If she sets herself up as a squatter it s a real pain in the ass to get her out.
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Your aunt doesn t understand what the word gift means. You didn t give your aunt anything and there s no possible reason it can be discerned that way. You were paying for it up until your grandmother passed away and your grandmother s name was on nothing. Your aunt is nuts. You don t even need a lawyer. Just ignore her.
| 450 | 9 |
2rn7ny
| 392 |
I bought a house in Iowa for my grandmother to live in but I have always been the legal owner of the house. Now my grandmother has passed away and her daughter wants the house. I bought the house in 2004 and grandma lived in it for ten years before she passed away. She picked the house decorated it made decisions about it etc. It was hers in all emotional aspects. However I legally own the house (she is not on any documents) and I paid for all upkeep repairs utilities property taxes etc. I never treated it like my house - when I came over I knocked when I needed to do some kind of upkeep I gave her notice and everyone called it grandma s house not televiv s house that grandma lives in. Right after I bought the house we briefly discussed what would happen to it after grandma died. Grandma s suggestion was that if I wanted to sell it then sell it but maybe if I didn t want to sell it I could keep it as a rental property and put some of the profits toward a college fund for her great-grandkids who are all toddlers right now. When grandma passed I decided to go ahead and do that. Apparently my grandmother s oldest daughter (my aunt) expected that she would inherit the house upon my grandmother s passing. She did not know that my grandmother was never the legal owner of the house. She has asked me for the house and I declined the request. Now she says she plans to sue for it because she believes the house was obviously a gift to my grandma and owned by my grandma even if that s not what documents say. So she feels it should belong to her and her siblings (she knows none of her siblings need the house as they all own houses [and live] in other states so it would pretty much be hers.) Is there any basis to this? Do I need to get a lawyer? Thanks.
|
As other people here have noted you have no need to worry about a lawsuit from your aunt. Frankly I can t imagine she will find a lawyer to take her money. One thing to keep in mind: Do **not** under any circumstances allow your aunt to take up residence or occupy the house in any manner. If she sets herself up as a squatter it s a real pain in the ass to get her out.
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Your position is 100% solid. I suggest talking to a lawyer for reassurance and clarification of what to do if your aunt tries sue.
| 450 | 10 |
2rn7ny
| 392 |
I bought a house in Iowa for my grandmother to live in but I have always been the legal owner of the house. Now my grandmother has passed away and her daughter wants the house. I bought the house in 2004 and grandma lived in it for ten years before she passed away. She picked the house decorated it made decisions about it etc. It was hers in all emotional aspects. However I legally own the house (she is not on any documents) and I paid for all upkeep repairs utilities property taxes etc. I never treated it like my house - when I came over I knocked when I needed to do some kind of upkeep I gave her notice and everyone called it grandma s house not televiv s house that grandma lives in. Right after I bought the house we briefly discussed what would happen to it after grandma died. Grandma s suggestion was that if I wanted to sell it then sell it but maybe if I didn t want to sell it I could keep it as a rental property and put some of the profits toward a college fund for her great-grandkids who are all toddlers right now. When grandma passed I decided to go ahead and do that. Apparently my grandmother s oldest daughter (my aunt) expected that she would inherit the house upon my grandmother s passing. She did not know that my grandmother was never the legal owner of the house. She has asked me for the house and I declined the request. Now she says she plans to sue for it because she believes the house was obviously a gift to my grandma and owned by my grandma even if that s not what documents say. So she feels it should belong to her and her siblings (she knows none of her siblings need the house as they all own houses [and live] in other states so it would pretty much be hers.) Is there any basis to this? Do I need to get a lawyer? Thanks.
|
As other people here have noted you have no need to worry about a lawsuit from your aunt. Frankly I can t imagine she will find a lawyer to take her money. One thing to keep in mind: Do **not** under any circumstances allow your aunt to take up residence or occupy the house in any manner. If she sets herself up as a squatter it s a real pain in the ass to get her out.
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Everyone else has already chimed in that your aunt is crazy. (Which she obviously is.) Would you be willing to just sell her the house? Also has anyone opened an estate for your granny?
| 450 | 20 |
2rn7ny
| 392 |
I bought a house in Iowa for my grandmother to live in but I have always been the legal owner of the house. Now my grandmother has passed away and her daughter wants the house. I bought the house in 2004 and grandma lived in it for ten years before she passed away. She picked the house decorated it made decisions about it etc. It was hers in all emotional aspects. However I legally own the house (she is not on any documents) and I paid for all upkeep repairs utilities property taxes etc. I never treated it like my house - when I came over I knocked when I needed to do some kind of upkeep I gave her notice and everyone called it grandma s house not televiv s house that grandma lives in. Right after I bought the house we briefly discussed what would happen to it after grandma died. Grandma s suggestion was that if I wanted to sell it then sell it but maybe if I didn t want to sell it I could keep it as a rental property and put some of the profits toward a college fund for her great-grandkids who are all toddlers right now. When grandma passed I decided to go ahead and do that. Apparently my grandmother s oldest daughter (my aunt) expected that she would inherit the house upon my grandmother s passing. She did not know that my grandmother was never the legal owner of the house. She has asked me for the house and I declined the request. Now she says she plans to sue for it because she believes the house was obviously a gift to my grandma and owned by my grandma even if that s not what documents say. So she feels it should belong to her and her siblings (she knows none of her siblings need the house as they all own houses [and live] in other states so it would pretty much be hers.) Is there any basis to this? Do I need to get a lawyer? Thanks.
|
As other people here have noted you have no need to worry about a lawsuit from your aunt. Frankly I can t imagine she will find a lawyer to take her money. One thing to keep in mind: Do **not** under any circumstances allow your aunt to take up residence or occupy the house in any manner. If she sets herself up as a squatter it s a real pain in the ass to get her out.
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Your grandmother was by law renting the house even though she didn t pay rent. It would be like me dieing and my fiancé suing for ownership of the apartment
| 450 | 33 |
2rp0zn
| 24 |
[United States] Quit from my job employer is making me stay. I quit my job very recently however my employer forcing me to stay for the next three weeks until she finds a replacement. I cannot afford to do this as it interferes with something more important. Do I have a legal obligation to go or am I free?
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I believe slavery was outlawed. Can any lawyers on here confirm?
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Cool guys thanks for the replies it means a lot to me.
| 85 | 3 |
2rp0zn
| 24 |
[United States] Quit from my job employer is making me stay. I quit my job very recently however my employer forcing me to stay for the next three weeks until she finds a replacement. I cannot afford to do this as it interferes with something more important. Do I have a legal obligation to go or am I free?
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I believe slavery was outlawed. Can any lawyers on here confirm?
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No you aren t obligated to work there and there is nothing she can do if you don t unless you are in the very rare position of having a contract which says you must give notice. If you re just a normal employee like almost everybody is you can quit at any time.
| 85 | 17 |
2rp0zn
| 24 |
[United States] Quit from my job employer is making me stay. I quit my job very recently however my employer forcing me to stay for the next three weeks until she finds a replacement. I cannot afford to do this as it interferes with something more important. Do I have a legal obligation to go or am I free?
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I believe slavery was outlawed. Can any lawyers on here confirm?
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You are free.
| 85 | 19 |
2rr767
| 205 |
Can I (successfully) be sued for support of a sibling and my step-mom? I have a half brother (child of my father and step-mother) who is 16. I am 28. My father died 5 years ago. At the time he was the sole breadwinner and after he died my step-mother couldn t make ends meet. I started giving her $1000 a month to help with expenses because I didn t want my brother to suffer. I have kept doing so for almost 5 years. Recently things have changed. She has allowed my step-brother to drop out of school and for him to move in with his girlfriend. Meanwhile my step-mom decided to quit her job. She moved in with her parents so that she an afford to live solely off the money I give her each month. The money I was giving them was intended to support my brother and to supplement my step-mom s income. Now that she is no longer caring for my brother and she s choosing not to work I decided to stop giving them money. If she s not willing to work I m not going to spend my hard-earned money on her. She is now threatening to sue and a lawyer (a friend of her father) has sent me a letter stating that they intend to pursue a continuance of the support established at a rate of $1 000 per month for five years. It says a bunch of stuff about how she needs the money to get by and then says that they hope to come to a friendly agreement rather than to pursue this via legal avenues. On one hand this guy is a lawyer but on the other hand he s a family friend and not the most upstanding of men so I wouldn t be surprised if there s no legal basis to this and it s just a scare tactic to get more money out of me. I would appreciate any advice as to whether I need to take this seriously and lawyer up. Thanks. Edit: State of Massachusetts
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God that pisses me off. You were giving her gifts. Write back to the attorney and literally tell him to 1. fuck his own face and 2. if he actually follows through and files any type of complaint against you you will be filing a complaint with the MA board of bar overseers and also responding with a motion to dismiss and for sanctions under [Rule 11(a).](http: www.mass.gov courts case-legal-res rules-of-court civil-procedure mrcp11.html)
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Did you make an agreement to provide them support? As u Napalmenator correctly states there s no law that would provide for this. The only other possibility is a contractual obligation.
| 378 | 16 |
2rr767
| 205 |
Can I (successfully) be sued for support of a sibling and my step-mom? I have a half brother (child of my father and step-mother) who is 16. I am 28. My father died 5 years ago. At the time he was the sole breadwinner and after he died my step-mother couldn t make ends meet. I started giving her $1000 a month to help with expenses because I didn t want my brother to suffer. I have kept doing so for almost 5 years. Recently things have changed. She has allowed my step-brother to drop out of school and for him to move in with his girlfriend. Meanwhile my step-mom decided to quit her job. She moved in with her parents so that she an afford to live solely off the money I give her each month. The money I was giving them was intended to support my brother and to supplement my step-mom s income. Now that she is no longer caring for my brother and she s choosing not to work I decided to stop giving them money. If she s not willing to work I m not going to spend my hard-earned money on her. She is now threatening to sue and a lawyer (a friend of her father) has sent me a letter stating that they intend to pursue a continuance of the support established at a rate of $1 000 per month for five years. It says a bunch of stuff about how she needs the money to get by and then says that they hope to come to a friendly agreement rather than to pursue this via legal avenues. On one hand this guy is a lawyer but on the other hand he s a family friend and not the most upstanding of men so I wouldn t be surprised if there s no legal basis to this and it s just a scare tactic to get more money out of me. I would appreciate any advice as to whether I need to take this seriously and lawyer up. Thanks. Edit: State of Massachusetts
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God that pisses me off. You were giving her gifts. Write back to the attorney and literally tell him to 1. fuck his own face and 2. if he actually follows through and files any type of complaint against you you will be filing a complaint with the MA board of bar overseers and also responding with a motion to dismiss and for sanctions under [Rule 11(a).](http: www.mass.gov courts case-legal-res rules-of-court civil-procedure mrcp11.html)
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Uhm no. There are no laws to support this. Go hire your own attorney to fire off an F U letter
| 378 | 43 |
2rr767
| 205 |
Can I (successfully) be sued for support of a sibling and my step-mom? I have a half brother (child of my father and step-mother) who is 16. I am 28. My father died 5 years ago. At the time he was the sole breadwinner and after he died my step-mother couldn t make ends meet. I started giving her $1000 a month to help with expenses because I didn t want my brother to suffer. I have kept doing so for almost 5 years. Recently things have changed. She has allowed my step-brother to drop out of school and for him to move in with his girlfriend. Meanwhile my step-mom decided to quit her job. She moved in with her parents so that she an afford to live solely off the money I give her each month. The money I was giving them was intended to support my brother and to supplement my step-mom s income. Now that she is no longer caring for my brother and she s choosing not to work I decided to stop giving them money. If she s not willing to work I m not going to spend my hard-earned money on her. She is now threatening to sue and a lawyer (a friend of her father) has sent me a letter stating that they intend to pursue a continuance of the support established at a rate of $1 000 per month for five years. It says a bunch of stuff about how she needs the money to get by and then says that they hope to come to a friendly agreement rather than to pursue this via legal avenues. On one hand this guy is a lawyer but on the other hand he s a family friend and not the most upstanding of men so I wouldn t be surprised if there s no legal basis to this and it s just a scare tactic to get more money out of me. I would appreciate any advice as to whether I need to take this seriously and lawyer up. Thanks. Edit: State of Massachusetts
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You should file a complaint against that attorney. What a piece of shit. I would disregard the letter. And since you are a standup guy gal who I like keep thinking the way you do and doing the things you do. Just never say lawyer up again!
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> She has allowed my step-brother to drop out of school and for him to move in with his girlfriend. Holy crap. Isn t that illegal?
| 96 | 14 |
2rr767
| 205 |
Can I (successfully) be sued for support of a sibling and my step-mom? I have a half brother (child of my father and step-mother) who is 16. I am 28. My father died 5 years ago. At the time he was the sole breadwinner and after he died my step-mother couldn t make ends meet. I started giving her $1000 a month to help with expenses because I didn t want my brother to suffer. I have kept doing so for almost 5 years. Recently things have changed. She has allowed my step-brother to drop out of school and for him to move in with his girlfriend. Meanwhile my step-mom decided to quit her job. She moved in with her parents so that she an afford to live solely off the money I give her each month. The money I was giving them was intended to support my brother and to supplement my step-mom s income. Now that she is no longer caring for my brother and she s choosing not to work I decided to stop giving them money. If she s not willing to work I m not going to spend my hard-earned money on her. She is now threatening to sue and a lawyer (a friend of her father) has sent me a letter stating that they intend to pursue a continuance of the support established at a rate of $1 000 per month for five years. It says a bunch of stuff about how she needs the money to get by and then says that they hope to come to a friendly agreement rather than to pursue this via legal avenues. On one hand this guy is a lawyer but on the other hand he s a family friend and not the most upstanding of men so I wouldn t be surprised if there s no legal basis to this and it s just a scare tactic to get more money out of me. I would appreciate any advice as to whether I need to take this seriously and lawyer up. Thanks. Edit: State of Massachusetts
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You should file a complaint against that attorney. What a piece of shit. I would disregard the letter. And since you are a standup guy gal who I like keep thinking the way you do and doing the things you do. Just never say lawyer up again!
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Did you make an agreement to provide them support? As u Napalmenator correctly states there s no law that would provide for this. The only other possibility is a contractual obligation.
| 96 | 16 |
2rr767
| 205 |
Can I (successfully) be sued for support of a sibling and my step-mom? I have a half brother (child of my father and step-mother) who is 16. I am 28. My father died 5 years ago. At the time he was the sole breadwinner and after he died my step-mother couldn t make ends meet. I started giving her $1000 a month to help with expenses because I didn t want my brother to suffer. I have kept doing so for almost 5 years. Recently things have changed. She has allowed my step-brother to drop out of school and for him to move in with his girlfriend. Meanwhile my step-mom decided to quit her job. She moved in with her parents so that she an afford to live solely off the money I give her each month. The money I was giving them was intended to support my brother and to supplement my step-mom s income. Now that she is no longer caring for my brother and she s choosing not to work I decided to stop giving them money. If she s not willing to work I m not going to spend my hard-earned money on her. She is now threatening to sue and a lawyer (a friend of her father) has sent me a letter stating that they intend to pursue a continuance of the support established at a rate of $1 000 per month for five years. It says a bunch of stuff about how she needs the money to get by and then says that they hope to come to a friendly agreement rather than to pursue this via legal avenues. On one hand this guy is a lawyer but on the other hand he s a family friend and not the most upstanding of men so I wouldn t be surprised if there s no legal basis to this and it s just a scare tactic to get more money out of me. I would appreciate any advice as to whether I need to take this seriously and lawyer up. Thanks. Edit: State of Massachusetts
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You should file a complaint against that attorney. What a piece of shit. I would disregard the letter. And since you are a standup guy gal who I like keep thinking the way you do and doing the things you do. Just never say lawyer up again!
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This woman is scum! She took advantage of the your generosity. Don t even bother to respond unless something official is filed in court. If that does happen get a lawyer. There is no way they can win this case but you still have to show up if you re summoned.
| 96 | 16 |
2rrah8
| 33 |
Client paid up front retainer then bailed. Now shows up demanding money back a year later I work as a freelance 3D artist and videographer in the North Eastern United States. About a year and a half I met with this guy who was working on designing an app. Unasked for he paid me an upfront $500 retainer without signing any contracts to in his words be metered out how we see fit for our work . We went through the first round of logo and icon creation roughly (10 icons) and then a second. Six months pass and I don t hear from him until he messaged me saying they had decided to postpone the project. Fast forward to now and I get an email from them demanding I pay them back the original retainer. In his words- If you would like to deduct $50 for those two icons (The two from revision round 2 that he considered finished keep in mind I already redesigned 10 icons twice) that would be acceptable. However I do believe it would be in your best interest to refund the entire amount as we were paying you for the job not for a couple of random icons. (By my hourly rate I ve already exceeded the original retainer) I m a broke college student and there s no way I can afford to pay this right now. Am I in any kind of trouble here? Does he have any legal power over my at this point? I was considering explaining that by my hourly rate they ve already gotten their money s worth out of me and offering him another round of icon creation to smooth things over (he valued them at $25 a pop but by my hourly rate they ve already come out to $60-100 each). Would this be a good idea? Thank you so much for your help I really appreciate any and all feedback.
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To xx: On (date) you retained my services for design work. A $500 retainer was paid upfront to cover my services which would cover any requests made at my hourly rate of xx an hour. In (month) of (year) a logo and set of ten icons were requested and created over the course of xx hours. On (month) of (year) revisions were made to these icons which took an additional xx hours. The work provided took xx hours in total which at my hourly rate comes to approximately xx dollars. As this exceeds your retainer no refund can be provided. Sincerely xx
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Did you ever prepare and send him any bills? Were the bills based on your hourly rate?
| 71 | 8 |
2rrah8
| 33 |
Client paid up front retainer then bailed. Now shows up demanding money back a year later I work as a freelance 3D artist and videographer in the North Eastern United States. About a year and a half I met with this guy who was working on designing an app. Unasked for he paid me an upfront $500 retainer without signing any contracts to in his words be metered out how we see fit for our work . We went through the first round of logo and icon creation roughly (10 icons) and then a second. Six months pass and I don t hear from him until he messaged me saying they had decided to postpone the project. Fast forward to now and I get an email from them demanding I pay them back the original retainer. In his words- If you would like to deduct $50 for those two icons (The two from revision round 2 that he considered finished keep in mind I already redesigned 10 icons twice) that would be acceptable. However I do believe it would be in your best interest to refund the entire amount as we were paying you for the job not for a couple of random icons. (By my hourly rate I ve already exceeded the original retainer) I m a broke college student and there s no way I can afford to pay this right now. Am I in any kind of trouble here? Does he have any legal power over my at this point? I was considering explaining that by my hourly rate they ve already gotten their money s worth out of me and offering him another round of icon creation to smooth things over (he valued them at $25 a pop but by my hourly rate they ve already come out to $60-100 each). Would this be a good idea? Thank you so much for your help I really appreciate any and all feedback.
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To xx: On (date) you retained my services for design work. A $500 retainer was paid upfront to cover my services which would cover any requests made at my hourly rate of xx an hour. In (month) of (year) a logo and set of ten icons were requested and created over the course of xx hours. On (month) of (year) revisions were made to these icons which took an additional xx hours. The work provided took xx hours in total which at my hourly rate comes to approximately xx dollars. As this exceeds your retainer no refund can be provided. Sincerely xx
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If your hourly rate is reasonable (in line with the industry) and you can document that you spent $500 of time working for him tell him to shove off.
| 71 | 13 |
2rs0fa
| 55 |
Question for attorneys about laws on clearing snow in Minnesota if someone has some advice for me please. The guy who lives across the street has a VERY long driveway. He has a plow on his truck. When it snows he drives down his driveway stops at the last 10 or so feet puts the plow down and plows it forward DIRECTLY into MY own driveway. Then he backs up 10 or 15 feet and does it again with the next 20 feet of snow in his driveway. He repeats it 5 times. The way he does it avoids having big piles of snow on his own property or in the street...because all of the snow from his driveway ends up in my own driveway. It snowed last night and I woke up to a pile of snow taller than I am (5 3) at the end of my driveway. I can t ignore it as the bulk of the pile ends up covering the sidewalk and of course I m responsible for shoveling that. Usually shoveling my driveway takes me 15 minutes or so but this morning it took me over 2 hours. This is the 7th time he has done this. The first time I didn t know who did it. The second time I saw him doing it. He wasn t home for a couple of days so I sent him a FB message explaining that it s an issue for me and asking him to stop. Now I m getting seriously pissed off about it. After the 4th time I called the police department and asked if they have any suggestions. They said they have none and my only recourse is to get the snow off the sidewalk. I then sent a letter to my neighbor politely asking him to stop because it is a serious inconvenience for me. He typed up Man up and get a truck and a plow and it won t be an inconvenience anymore and taped it to a chunk of wood that he threw on top of this morning s snow pile. It s a dick thing to say in general but it s even worse because I am legally blind and cannot drive. What the hell can I do about this? It is incredibly aggravating and if the police won t help I don t know what other recourse I have.
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That s a black-letter trespass to real property. Check with your town county clerk to see if his action is prohibited by ordinance. If not you have the option of suing him to enjoin further trespasses (and for money damages for past ones). > After the 4th time I called the police department and asked if they have any suggestions. They said they have none and my only recourse is to get the snow off the sidewalk. Bullshit. Trespass is a crime. They just don t want to deal with it.
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This might count as dumping on private property but IANAL.
| 65 | 6 |
2rsusr
| 650 |
My dog has been named a co-defendant in foreclosure suit. Bank believes that my dog is my wife. I am gay and un-married. A few years ago when we got her my bf registered her for junkmail and shit using her name (which is a human name) and my last name because he s weird. Now she (the dog) is getting served with legal papers. Thoughts?
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1. File a motion to dismiss for lack of humanity. 2. Include a supporting affidavit from your dog consisting solely of barks howls and other noises which your dog makes. 3. Apologize that you cannot vouch for the truthfulness of your dog s statements. While you instructed her to be truthful you don t think she understands the concept of truth. Also you can t understand what she s saying. 4. Have your dog sign her affidavit with a paw print. 5. Post motion affidavit on internet hope it goes viral and then set up a GoFundMe page to save your house.
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> (the dog) is getting served with legal papers Could you... elaborate? I m picturing a deputy or other such official knocking on your door and...
| 857 | 18 |
2rsusr
| 650 |
My dog has been named a co-defendant in foreclosure suit. Bank believes that my dog is my wife. I am gay and un-married. A few years ago when we got her my bf registered her for junkmail and shit using her name (which is a human name) and my last name because he s weird. Now she (the dog) is getting served with legal papers. Thoughts?
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Wells Fargo v Santos L. Halper
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Can t help ya. You re barking up the wrong tree.
| 140 | 9 |
2rsusr
| 650 |
My dog has been named a co-defendant in foreclosure suit. Bank believes that my dog is my wife. I am gay and un-married. A few years ago when we got her my bf registered her for junkmail and shit using her name (which is a human name) and my last name because he s weird. Now she (the dog) is getting served with legal papers. Thoughts?
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Wells Fargo v Santos L. Halper
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r shittylegaladvice
| 140 | 16 |
2rsusr
| 650 |
My dog has been named a co-defendant in foreclosure suit. Bank believes that my dog is my wife. I am gay and un-married. A few years ago when we got her my bf registered her for junkmail and shit using her name (which is a human name) and my last name because he s weird. Now she (the dog) is getting served with legal papers. Thoughts?
|
Wells Fargo v Santos L. Halper
|
> (the dog) is getting served with legal papers Could you... elaborate? I m picturing a deputy or other such official knocking on your door and...
| 140 | 18 |
2rsusr
| 650 |
My dog has been named a co-defendant in foreclosure suit. Bank believes that my dog is my wife. I am gay and un-married. A few years ago when we got her my bf registered her for junkmail and shit using her name (which is a human name) and my last name because he s weird. Now she (the dog) is getting served with legal papers. Thoughts?
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When the bank s attorney sends out service they add everyone that they think might possibly have an interest or be a tenant in the home since failure to serve someone with notice of the foreclosure is considerably worse than serving too many. Since the dog was signed up for mail it probably shows up at your address on a lexis - nexus search. If you tell the law firm they will change it. If you ignore it it will be amusing but alter nothing of substance. source: Seeing service for many judicial foreclosures.
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Make sure you answer the summons and complaint.
| 106 | 3 |
2ruw25
| 90 |
Can I get a divorce and immediately remarry my wife. OK here is the story. My wife and I just had a boy back in August. This opened up my my company s insurance to add my son to my medical insurance. Now I thought I was adding him to 2015 also but I didn t. So since I thought we were already signed up for the next year we didn t enroll for 2015. Now we have no insurance. Dumb mistake I know but it is what it is. Now the company I work for will only allow me to re-enroll in the case of a life changing event. My question is can I divorce my wife to open up the benefits window and then remarry her? Edit: We live in Ohio USA. Edit: Thanks again all for all your advice. I think you and others have talked up out of going this route with it. I think we are just going to bite the bullet and try to get insurance on our own.
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It would be easier to work up the HR chain of command to get this resolved. They certainly can open up enrollment on an obvious mistake. Barring that getting another job would be easier than your plan.
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Divorce isn t immediate.
| 102 | 6 |
2ruw25
| 90 |
Can I get a divorce and immediately remarry my wife. OK here is the story. My wife and I just had a boy back in August. This opened up my my company s insurance to add my son to my medical insurance. Now I thought I was adding him to 2015 also but I didn t. So since I thought we were already signed up for the next year we didn t enroll for 2015. Now we have no insurance. Dumb mistake I know but it is what it is. Now the company I work for will only allow me to re-enroll in the case of a life changing event. My question is can I divorce my wife to open up the benefits window and then remarry her? Edit: We live in Ohio USA. Edit: Thanks again all for all your advice. I think you and others have talked up out of going this route with it. I think we are just going to bite the bullet and try to get insurance on our own.
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Divorce isn t quick in Ohio especially with a child. You can sign yourself or your spouse or just your child for insurance through healthcare.gov. Last I looked in my area of Ohio I could get a very decent plan for just my son for about $150 a month. Have the insurance for a month then cancel it. This will trigger the life-changing event requirement the IRS has for employers in allowing employees to sign-up cancel or change medical plans.
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I am not in ohio but the biggest problem you have for a quick divorce is the child. The simplest form of dissolution isn t available if there are minor children. So even uncontested it might end up time and cost wise not being a very good alternative. Did your situation result in none of you being covered or just your son?
| 61 | 2 |
2ruw25
| 90 |
Can I get a divorce and immediately remarry my wife. OK here is the story. My wife and I just had a boy back in August. This opened up my my company s insurance to add my son to my medical insurance. Now I thought I was adding him to 2015 also but I didn t. So since I thought we were already signed up for the next year we didn t enroll for 2015. Now we have no insurance. Dumb mistake I know but it is what it is. Now the company I work for will only allow me to re-enroll in the case of a life changing event. My question is can I divorce my wife to open up the benefits window and then remarry her? Edit: We live in Ohio USA. Edit: Thanks again all for all your advice. I think you and others have talked up out of going this route with it. I think we are just going to bite the bullet and try to get insurance on our own.
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Divorce isn t quick in Ohio especially with a child. You can sign yourself or your spouse or just your child for insurance through healthcare.gov. Last I looked in my area of Ohio I could get a very decent plan for just my son for about $150 a month. Have the insurance for a month then cancel it. This will trigger the life-changing event requirement the IRS has for employers in allowing employees to sign-up cancel or change medical plans.
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Divorce isn t immediate.
| 61 | 6 |
2s2vbe
| 140 |
We would like to request advice on whether we need an attorney as a child s parents are threatening to sue because of something our son did. Sorry for the long story...this is in Colorado by the way. My son is 12 and has autism. He is in a special classroom at school. He recently told his teacher that he thinks he wants to be a vet when he grows up but also expressed worry that he can t have a career like that as an autistic person. His teacher found an autistic vet who is sort of mentoring my son. They eat lunch together once a month email etc. I have a monthly meeting with his teacher. During our last meeting the principal came in with a new student and his parents. I introduced myself to the parents and introduced them to my son who was sitting right next to me. They told me their son was recently diagnosed with autism as well. My son was next to me and heard this. The next day was the new student s first day in the classroom. One of my son s goals this week was to make a new friend and invite them to spend time with him. He said that the new student also wants to be a vet so my son invited him to come to his next lunch with his mentor. My son reportedly said something to the effect of [Vet] is autistic just like us. A teacher walked over just in time to hear the new student say I m not autistic and my son to respond Yes you are. Your mom said so yesterday. Apparently it was a secret that this kid is autistic. His parents hadn t told him yet. My son had no ill intentions but accidentally let the cat out of the bag. The teacher tried to smooth it over but apparently this boy s parents are incredibly angry. They supposedly told the school staff that their son shouldn t be told about their autism but when they told me they said nothing of it. They are upset that I let [my] son find out - but my son was sitting right next to them when they told me so I don t know how they expected him not to hear. One thing has led to another and they have told the school that they don t want our sons in the same classroom and apparently that they plan to sue our family for the fact that my son disclosed this information. They believe it has had a detrimental affect on their son s ability to move forward and say he is inconsolable at the news that he is autistic. The father called my husband at his office this morning and told him that this has been horrible on their family. Apparently he plans to sue for damages including the cost of the boy s mother missing work to stay home with her son who is too upset to come to school and an unspecified amount for the fact that they don t think their son will complete the school year now. (He has not come to school since my son accidentally told him the news. The school requires attendance for X days to pass the year or you have to repeat it by default and apparently he is at risk of having to repeat the year. They believe it is my son s fault.) My gut reaction is that we should sit tight and see if they even move forward or if they re just angry and venting - but I wanted to run it past you guys. I d like the opinion of some attorneys here whether we need to hire an attorney in case this moves forward or not.
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Oy. Sounds like this kid has two problems named Mom and Dad. Neither you nor your son did anything wrong. If they want to sue you (outside of small claims) they ll first need to get an attorney and that should be difficult given the facts. So very little to worry about legally. Inside small claims their case should be dismissed quickly but with a bit more nuisance Outside the legal system though.... Some people are just plain nuts - best not to get involved in their lives to avoid the whirlwind of insanity they live in.
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Sit tight until you get something from their lawyer. If the parents didn t want this information coming out they shouldn t have disclosed it without indicating it was to be kept secret or within the earshot of a child. Further you had no legal duty to keep it secret.
| 166 | 72 |
2s2vbe
| 140 |
We would like to request advice on whether we need an attorney as a child s parents are threatening to sue because of something our son did. Sorry for the long story...this is in Colorado by the way. My son is 12 and has autism. He is in a special classroom at school. He recently told his teacher that he thinks he wants to be a vet when he grows up but also expressed worry that he can t have a career like that as an autistic person. His teacher found an autistic vet who is sort of mentoring my son. They eat lunch together once a month email etc. I have a monthly meeting with his teacher. During our last meeting the principal came in with a new student and his parents. I introduced myself to the parents and introduced them to my son who was sitting right next to me. They told me their son was recently diagnosed with autism as well. My son was next to me and heard this. The next day was the new student s first day in the classroom. One of my son s goals this week was to make a new friend and invite them to spend time with him. He said that the new student also wants to be a vet so my son invited him to come to his next lunch with his mentor. My son reportedly said something to the effect of [Vet] is autistic just like us. A teacher walked over just in time to hear the new student say I m not autistic and my son to respond Yes you are. Your mom said so yesterday. Apparently it was a secret that this kid is autistic. His parents hadn t told him yet. My son had no ill intentions but accidentally let the cat out of the bag. The teacher tried to smooth it over but apparently this boy s parents are incredibly angry. They supposedly told the school staff that their son shouldn t be told about their autism but when they told me they said nothing of it. They are upset that I let [my] son find out - but my son was sitting right next to them when they told me so I don t know how they expected him not to hear. One thing has led to another and they have told the school that they don t want our sons in the same classroom and apparently that they plan to sue our family for the fact that my son disclosed this information. They believe it has had a detrimental affect on their son s ability to move forward and say he is inconsolable at the news that he is autistic. The father called my husband at his office this morning and told him that this has been horrible on their family. Apparently he plans to sue for damages including the cost of the boy s mother missing work to stay home with her son who is too upset to come to school and an unspecified amount for the fact that they don t think their son will complete the school year now. (He has not come to school since my son accidentally told him the news. The school requires attendance for X days to pass the year or you have to repeat it by default and apparently he is at risk of having to repeat the year. They believe it is my son s fault.) My gut reaction is that we should sit tight and see if they even move forward or if they re just angry and venting - but I wanted to run it past you guys. I d like the opinion of some attorneys here whether we need to hire an attorney in case this moves forward or not.
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> Apparently it was a secret that this kid is autistic Apparently it wasn t since your son was told directly by the kid s parents that he was autistic. That s one of the worst kept secrets in the country. > His parents hadn t told him yet. Then maybe they shouldn t be telling random people they ve known for a few seconds that their kid is autistic. > this boy s parents are incredibly angry Anger oftentimes accompanies stupidity. > One thing has led to another and they have told the school that they don t want our sons in the same classroom They re free to move their child. I wouldn t consent to any adverse treatment of my kid if I were you. > and apparently that they plan to sue our family for the fact that my son disclosed this information. If I were you I wouldn t bend to any thuggish behavior or threats. I d make it well known that: 1) My son has a First Amendment right to make factually accurate statements 2) My son had no reason to believe that the information was confidential and not known by the boy given that the boy s parents told him directly and never told him not to tell the boy 3) Even if he knew he had no duty *not* to tell the boy. What s more I d tell the parents that if I even get a demand letter from an attorney I m filing a bar complaint against the attorney and demanding formal sanctions against that lawyer. I m also counter suing them personally if they file a lawsuit and will try to get damages sufficient to take their personal home rendering them homeless for abuse of process. As a matter of honor I don t dismiss lawsuits like this without a judgment or a settlement equal to all that I m asking for. Tell them to shit or get off the pot with the lawsuit and see how fast the saber rattling dies down.
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They have nothing. Don t worry about it. You didn t do anything intentional and if they were that concerned they shouldn t have said it in front of your kid. You are just dealing with slightly crazy over protective parents. Just keep your son happy and make sure he knows it s not his fault. Good luck!
| 85 | 5 |
2s2vbe
| 140 |
We would like to request advice on whether we need an attorney as a child s parents are threatening to sue because of something our son did. Sorry for the long story...this is in Colorado by the way. My son is 12 and has autism. He is in a special classroom at school. He recently told his teacher that he thinks he wants to be a vet when he grows up but also expressed worry that he can t have a career like that as an autistic person. His teacher found an autistic vet who is sort of mentoring my son. They eat lunch together once a month email etc. I have a monthly meeting with his teacher. During our last meeting the principal came in with a new student and his parents. I introduced myself to the parents and introduced them to my son who was sitting right next to me. They told me their son was recently diagnosed with autism as well. My son was next to me and heard this. The next day was the new student s first day in the classroom. One of my son s goals this week was to make a new friend and invite them to spend time with him. He said that the new student also wants to be a vet so my son invited him to come to his next lunch with his mentor. My son reportedly said something to the effect of [Vet] is autistic just like us. A teacher walked over just in time to hear the new student say I m not autistic and my son to respond Yes you are. Your mom said so yesterday. Apparently it was a secret that this kid is autistic. His parents hadn t told him yet. My son had no ill intentions but accidentally let the cat out of the bag. The teacher tried to smooth it over but apparently this boy s parents are incredibly angry. They supposedly told the school staff that their son shouldn t be told about their autism but when they told me they said nothing of it. They are upset that I let [my] son find out - but my son was sitting right next to them when they told me so I don t know how they expected him not to hear. One thing has led to another and they have told the school that they don t want our sons in the same classroom and apparently that they plan to sue our family for the fact that my son disclosed this information. They believe it has had a detrimental affect on their son s ability to move forward and say he is inconsolable at the news that he is autistic. The father called my husband at his office this morning and told him that this has been horrible on their family. Apparently he plans to sue for damages including the cost of the boy s mother missing work to stay home with her son who is too upset to come to school and an unspecified amount for the fact that they don t think their son will complete the school year now. (He has not come to school since my son accidentally told him the news. The school requires attendance for X days to pass the year or you have to repeat it by default and apparently he is at risk of having to repeat the year. They believe it is my son s fault.) My gut reaction is that we should sit tight and see if they even move forward or if they re just angry and venting - but I wanted to run it past you guys. I d like the opinion of some attorneys here whether we need to hire an attorney in case this moves forward or not.
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Here s a bit of a Life Tip that should serve you well. The people who piss and moan the loudest about I m gonna sue the shit out of you. Just wait till you hear from my lawyer! are the ones least likely to sue. The ones you *really* have to watch out for are the ones who stay quiet and don t say shit.
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IANAL but I am on the spectrum. You can be sued for not being a mindreader but generally speaking it won t go anywhere. These parents are the problem not your son. Their child wouldn t be inconsolable if he hadn t been taught that being autistic is somehow a horrible thing. Please make sure your son knows this isn t his fault? I would have been horribly anxious about it.
| 107 | 35 |
2s35z5
| 25 |
[California US] I (21) made out with my sister s friend (14.5) during drunken debauchery. This happened last night needless to say I woke up regretting what happened. I understand the legality of this and at the time I was too drunk to realize how much of a mistake I was making. It only advanced to heavy petting before we both sort of just started passing out. I DID NOT supply her alcohol. Whole different story I don t want to get into. Would this be considered lewd acts with a minor or statutory rape or how would this be classified? She s been trying to flirt with me for the last couple of weeks so it wasn t random nor did I force it on her. She came into my room when I was about to sleep saying she wanted to cuddle and then from there we started kissing. It escalated from there. What should I do right now to make amends for this to avoid future legal confrontation? Or to prepare for legal trouble?
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Stop making out with 14 year olds. Jesus. I don t care how drunk you were your drunk self knew she was 14 and you didn t care. Don t drink with children.
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Depends on what really happened what she claims. Anything from contributing to the delinquency of a minor (Penal Code 272 a misdemeanor) to oral copulation by an adult over 21 with a minor under 16 (Penal Code 288a a felony for which you can go to real prison) to unlawful sexual intercourse with a minor (Penal Code 261.5 a misdemeanor or a felony) to annoying or molesting a child (Penal Code 647.6 a misdemeanor). See an attorney if you re truly concerned.
| 88 | 17 |
2s35z5
| 25 |
[California US] I (21) made out with my sister s friend (14.5) during drunken debauchery. This happened last night needless to say I woke up regretting what happened. I understand the legality of this and at the time I was too drunk to realize how much of a mistake I was making. It only advanced to heavy petting before we both sort of just started passing out. I DID NOT supply her alcohol. Whole different story I don t want to get into. Would this be considered lewd acts with a minor or statutory rape or how would this be classified? She s been trying to flirt with me for the last couple of weeks so it wasn t random nor did I force it on her. She came into my room when I was about to sleep saying she wanted to cuddle and then from there we started kissing. It escalated from there. What should I do right now to make amends for this to avoid future legal confrontation? Or to prepare for legal trouble?
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Stop making out with 14 year olds. Jesus. I don t care how drunk you were your drunk self knew she was 14 and you didn t care. Don t drink with children.
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start saving money for a lawyer and keep your mouth shut.
| 88 | 23 |
2s3lsx
| 21 |
Sugar Baby cheated out of allowance. Any legal recourse? Hi reddit I am a 30-something year old female from Louisiana. Here s the story: After reading up on how it all worked I joined the site Seeking Arrangement in October and began looking for a Sugar Daddy. I met an older gentleman who I enjoyed speaking with and we met for several dates. He decided he wanted to make our arrangement official and offered me $2000 every month to see him for twice weekly dates. Before reddit goes on a witch hunt let me state that at this point we had never had ANY intimate relations. All of our conversations stated that any physical intimacy would be allowed the time to develop NATURALLY and that he was compensating me for my time only. We would basically hang out go to dinners movies local pubs and talk about all manner of things. He paid me $2000 for the time we had spent for the month of November towards the end of the month. Towards the beginning of December he had become increasingly more and more jealous - often putting himself down and making remarks about how I must be seeing other guys because he wasn t good enough. I asked him if he wished to make our arrangement exclusive i.e. for me to delete my profile on SeekingArrangement.com and not seek out any other sugar daddies. He offered to pay me $3000 for the month of December and pay off a student loan I had totaling around $3000 in exchange for exclusivity. I agreed and turned down a few other more lucrative offers because I genuinely liked the guy. We set the 23rd for the date of payment. His rational was that he had to procure the extra funds from a retirement account which would take time and that he had already given me $2000 towards the end of November. The 23rd came and he said he was waiting on a transfer from his retirement account. He then had to go out of town to see his father who had kidney failure in a hospital out of state. Over the next two and a half weeks he would dodge questions about when the money was coming and get aggravated with me when I would ask for more information. He was very evasive. I need all of you on reddit to suspend judgement for a moment and realize that at this point it was an actual relationship albeit an unconventional one. I have always found older men attractive we had become physically intimate and I was beginning to get emotionally attached to him. He said from the beginning that he wanted a spoiled girlfriend more than a sugar baby and I agreed to that arrangement. He would always act like a sweet guy dote on me pay for everything and bought me a number of gifts. But he would occasionally make comments about how I was only in it for the money and didn t actually like him. I would remind him that I turned down several other MORE lucrative offers because I genuinely liked his company and that I NEVER suspended my visits with him even though the money was delayed. I asked him to not make those kinds of comments in the future as they hurt my feelings and he agreed. Finally on January 7th things kind of boiled over. He made another jealous remark. I got upset. I then made a comment about how the money still hadn t come and how I was uncomfortable with the arrangement at this point because he was not upholding his promises. That was always what it was about to me Reddit - keeping promises. I wanted an unconventional relationship with someone who I could trust that would keep their promises to me. I have never been spoiled in my entire life - I ve had no parents to help me out and I ve always been in conventional relationships with boyfriends who don t pull their financial weight. I decided to try something unconventional after another failed relationship doing things the normal way. Long story short the arrangement came to an end. And now I am out a month of allowance a paid off student loan and allowance for the month of January as well because there is no way I can find another sugar daddy by the end of this month. So Reddit here is my question: All of the monetary agreements happened in written form via text message. Do I have any legal recourse to seek out my back pay for the month of December? Do I have any recourse to seek payment of the student loan? I never suspended my weekly visits to him during this time. The only time they did not occur was when he left town to see his father. Also while we saw each other twice a week it wasn t set in stone that I had to fulfill a certain quota of dates to receive the money. Thanks Reddit. :)
|
If you sue you will probably not win your identity will become public you will be shamed and ridiculed and you will never find another person to enter into this arrangement with you because you ve clearly demonstrated you aren t trustworthy to keep the relationship quiet. And that s all aside from the issue over whether any of this is legal and whether you could be subject to charges.
|
I am betting Louisiana has a statute barring these kinds of things.
| 99 | 12 |
2s3lsx
| 21 |
Sugar Baby cheated out of allowance. Any legal recourse? Hi reddit I am a 30-something year old female from Louisiana. Here s the story: After reading up on how it all worked I joined the site Seeking Arrangement in October and began looking for a Sugar Daddy. I met an older gentleman who I enjoyed speaking with and we met for several dates. He decided he wanted to make our arrangement official and offered me $2000 every month to see him for twice weekly dates. Before reddit goes on a witch hunt let me state that at this point we had never had ANY intimate relations. All of our conversations stated that any physical intimacy would be allowed the time to develop NATURALLY and that he was compensating me for my time only. We would basically hang out go to dinners movies local pubs and talk about all manner of things. He paid me $2000 for the time we had spent for the month of November towards the end of the month. Towards the beginning of December he had become increasingly more and more jealous - often putting himself down and making remarks about how I must be seeing other guys because he wasn t good enough. I asked him if he wished to make our arrangement exclusive i.e. for me to delete my profile on SeekingArrangement.com and not seek out any other sugar daddies. He offered to pay me $3000 for the month of December and pay off a student loan I had totaling around $3000 in exchange for exclusivity. I agreed and turned down a few other more lucrative offers because I genuinely liked the guy. We set the 23rd for the date of payment. His rational was that he had to procure the extra funds from a retirement account which would take time and that he had already given me $2000 towards the end of November. The 23rd came and he said he was waiting on a transfer from his retirement account. He then had to go out of town to see his father who had kidney failure in a hospital out of state. Over the next two and a half weeks he would dodge questions about when the money was coming and get aggravated with me when I would ask for more information. He was very evasive. I need all of you on reddit to suspend judgement for a moment and realize that at this point it was an actual relationship albeit an unconventional one. I have always found older men attractive we had become physically intimate and I was beginning to get emotionally attached to him. He said from the beginning that he wanted a spoiled girlfriend more than a sugar baby and I agreed to that arrangement. He would always act like a sweet guy dote on me pay for everything and bought me a number of gifts. But he would occasionally make comments about how I was only in it for the money and didn t actually like him. I would remind him that I turned down several other MORE lucrative offers because I genuinely liked his company and that I NEVER suspended my visits with him even though the money was delayed. I asked him to not make those kinds of comments in the future as they hurt my feelings and he agreed. Finally on January 7th things kind of boiled over. He made another jealous remark. I got upset. I then made a comment about how the money still hadn t come and how I was uncomfortable with the arrangement at this point because he was not upholding his promises. That was always what it was about to me Reddit - keeping promises. I wanted an unconventional relationship with someone who I could trust that would keep their promises to me. I have never been spoiled in my entire life - I ve had no parents to help me out and I ve always been in conventional relationships with boyfriends who don t pull their financial weight. I decided to try something unconventional after another failed relationship doing things the normal way. Long story short the arrangement came to an end. And now I am out a month of allowance a paid off student loan and allowance for the month of January as well because there is no way I can find another sugar daddy by the end of this month. So Reddit here is my question: All of the monetary agreements happened in written form via text message. Do I have any legal recourse to seek out my back pay for the month of December? Do I have any recourse to seek payment of the student loan? I never suspended my weekly visits to him during this time. The only time they did not occur was when he left town to see his father. Also while we saw each other twice a week it wasn t set in stone that I had to fulfill a certain quota of dates to receive the money. Thanks Reddit. :)
|
If you sue you will probably not win your identity will become public you will be shamed and ridiculed and you will never find another person to enter into this arrangement with you because you ve clearly demonstrated you aren t trustworthy to keep the relationship quiet. And that s all aside from the issue over whether any of this is legal and whether you could be subject to charges.
|
You can sue him in small claims court for breach of contract. In this comment I am pretending that this is totally legal.
| 99 | 31 |
2s3lsx
| 21 |
Sugar Baby cheated out of allowance. Any legal recourse? Hi reddit I am a 30-something year old female from Louisiana. Here s the story: After reading up on how it all worked I joined the site Seeking Arrangement in October and began looking for a Sugar Daddy. I met an older gentleman who I enjoyed speaking with and we met for several dates. He decided he wanted to make our arrangement official and offered me $2000 every month to see him for twice weekly dates. Before reddit goes on a witch hunt let me state that at this point we had never had ANY intimate relations. All of our conversations stated that any physical intimacy would be allowed the time to develop NATURALLY and that he was compensating me for my time only. We would basically hang out go to dinners movies local pubs and talk about all manner of things. He paid me $2000 for the time we had spent for the month of November towards the end of the month. Towards the beginning of December he had become increasingly more and more jealous - often putting himself down and making remarks about how I must be seeing other guys because he wasn t good enough. I asked him if he wished to make our arrangement exclusive i.e. for me to delete my profile on SeekingArrangement.com and not seek out any other sugar daddies. He offered to pay me $3000 for the month of December and pay off a student loan I had totaling around $3000 in exchange for exclusivity. I agreed and turned down a few other more lucrative offers because I genuinely liked the guy. We set the 23rd for the date of payment. His rational was that he had to procure the extra funds from a retirement account which would take time and that he had already given me $2000 towards the end of November. The 23rd came and he said he was waiting on a transfer from his retirement account. He then had to go out of town to see his father who had kidney failure in a hospital out of state. Over the next two and a half weeks he would dodge questions about when the money was coming and get aggravated with me when I would ask for more information. He was very evasive. I need all of you on reddit to suspend judgement for a moment and realize that at this point it was an actual relationship albeit an unconventional one. I have always found older men attractive we had become physically intimate and I was beginning to get emotionally attached to him. He said from the beginning that he wanted a spoiled girlfriend more than a sugar baby and I agreed to that arrangement. He would always act like a sweet guy dote on me pay for everything and bought me a number of gifts. But he would occasionally make comments about how I was only in it for the money and didn t actually like him. I would remind him that I turned down several other MORE lucrative offers because I genuinely liked his company and that I NEVER suspended my visits with him even though the money was delayed. I asked him to not make those kinds of comments in the future as they hurt my feelings and he agreed. Finally on January 7th things kind of boiled over. He made another jealous remark. I got upset. I then made a comment about how the money still hadn t come and how I was uncomfortable with the arrangement at this point because he was not upholding his promises. That was always what it was about to me Reddit - keeping promises. I wanted an unconventional relationship with someone who I could trust that would keep their promises to me. I have never been spoiled in my entire life - I ve had no parents to help me out and I ve always been in conventional relationships with boyfriends who don t pull their financial weight. I decided to try something unconventional after another failed relationship doing things the normal way. Long story short the arrangement came to an end. And now I am out a month of allowance a paid off student loan and allowance for the month of January as well because there is no way I can find another sugar daddy by the end of this month. So Reddit here is my question: All of the monetary agreements happened in written form via text message. Do I have any legal recourse to seek out my back pay for the month of December? Do I have any recourse to seek payment of the student loan? I never suspended my weekly visits to him during this time. The only time they did not occur was when he left town to see his father. Also while we saw each other twice a week it wasn t set in stone that I had to fulfill a certain quota of dates to receive the money. Thanks Reddit. :)
|
If you sue you will probably not win your identity will become public you will be shamed and ridiculed and you will never find another person to enter into this arrangement with you because you ve clearly demonstrated you aren t trustworthy to keep the relationship quiet. And that s all aside from the issue over whether any of this is legal and whether you could be subject to charges.
|
IANAL but I am curious. If you consider this pay for your time do you pay taxes on this income?
| 99 | 35 |
2s3lsx
| 21 |
Sugar Baby cheated out of allowance. Any legal recourse? Hi reddit I am a 30-something year old female from Louisiana. Here s the story: After reading up on how it all worked I joined the site Seeking Arrangement in October and began looking for a Sugar Daddy. I met an older gentleman who I enjoyed speaking with and we met for several dates. He decided he wanted to make our arrangement official and offered me $2000 every month to see him for twice weekly dates. Before reddit goes on a witch hunt let me state that at this point we had never had ANY intimate relations. All of our conversations stated that any physical intimacy would be allowed the time to develop NATURALLY and that he was compensating me for my time only. We would basically hang out go to dinners movies local pubs and talk about all manner of things. He paid me $2000 for the time we had spent for the month of November towards the end of the month. Towards the beginning of December he had become increasingly more and more jealous - often putting himself down and making remarks about how I must be seeing other guys because he wasn t good enough. I asked him if he wished to make our arrangement exclusive i.e. for me to delete my profile on SeekingArrangement.com and not seek out any other sugar daddies. He offered to pay me $3000 for the month of December and pay off a student loan I had totaling around $3000 in exchange for exclusivity. I agreed and turned down a few other more lucrative offers because I genuinely liked the guy. We set the 23rd for the date of payment. His rational was that he had to procure the extra funds from a retirement account which would take time and that he had already given me $2000 towards the end of November. The 23rd came and he said he was waiting on a transfer from his retirement account. He then had to go out of town to see his father who had kidney failure in a hospital out of state. Over the next two and a half weeks he would dodge questions about when the money was coming and get aggravated with me when I would ask for more information. He was very evasive. I need all of you on reddit to suspend judgement for a moment and realize that at this point it was an actual relationship albeit an unconventional one. I have always found older men attractive we had become physically intimate and I was beginning to get emotionally attached to him. He said from the beginning that he wanted a spoiled girlfriend more than a sugar baby and I agreed to that arrangement. He would always act like a sweet guy dote on me pay for everything and bought me a number of gifts. But he would occasionally make comments about how I was only in it for the money and didn t actually like him. I would remind him that I turned down several other MORE lucrative offers because I genuinely liked his company and that I NEVER suspended my visits with him even though the money was delayed. I asked him to not make those kinds of comments in the future as they hurt my feelings and he agreed. Finally on January 7th things kind of boiled over. He made another jealous remark. I got upset. I then made a comment about how the money still hadn t come and how I was uncomfortable with the arrangement at this point because he was not upholding his promises. That was always what it was about to me Reddit - keeping promises. I wanted an unconventional relationship with someone who I could trust that would keep their promises to me. I have never been spoiled in my entire life - I ve had no parents to help me out and I ve always been in conventional relationships with boyfriends who don t pull their financial weight. I decided to try something unconventional after another failed relationship doing things the normal way. Long story short the arrangement came to an end. And now I am out a month of allowance a paid off student loan and allowance for the month of January as well because there is no way I can find another sugar daddy by the end of this month. So Reddit here is my question: All of the monetary agreements happened in written form via text message. Do I have any legal recourse to seek out my back pay for the month of December? Do I have any recourse to seek payment of the student loan? I never suspended my weekly visits to him during this time. The only time they did not occur was when he left town to see his father. Also while we saw each other twice a week it wasn t set in stone that I had to fulfill a certain quota of dates to receive the money. Thanks Reddit. :)
|
If you sue you will probably not win your identity will become public you will be shamed and ridiculed and you will never find another person to enter into this arrangement with you because you ve clearly demonstrated you aren t trustworthy to keep the relationship quiet. And that s all aside from the issue over whether any of this is legal and whether you could be subject to charges.
|
I feel as though you should let this one go.
| 99 | 35 |
2s6t54
| 54 |
I rented an apartment. The property manager s employee gave me a special deal but has since been fired. They don t want to honor the deal. [Iowa] I was looking for a new apartment for January and was calling some big apartment managers and asking their prices for a 1-bedroom to see what was in my budget. One of them had a really nice apartment but they said the rate was $880 which is out of my budget. I said that wasn t in my budget but have a nice day and the guy said Wait a minute... and then said the apartment has been vacant for a couple of months so he d like to make me a deal. He asked me to come in and talk about it. I went into the office and talked to him. He asked what price range I was looking for I said under $650. He asked if I could do $650 exactly and I agreed. I KNOW the price he gave me is hard to believe but he said that after a couple of months of being vacant it s better for them to at least rent it out cheaper than not at all. I filled out an application he did a background check while I waited. Then he got a lease out. He crossed out 880 and wrote in 650 and initialed it both under the rent section and under the deposit section. I gave him a check for $650 for the deposit and came back 4 days later (January 2nd) and paid first month s rent. Then I moved in. Last night I found a tag on my door saying that I am behind by $240 on my rent and to make arrangements to pay immediately. I checked my bank account and the transaction for $650 had gone through for first month s rent so I assumed it was a mistake. I went into the landlord s office figuring it was just a misunderstanding. They told me I am on the hook for $880 I said we made a deal and my lease says $650. I asked them to look at my lease. They did and found I was right. APPARENTLY (based on what they claim) the guy who offered me this deal had been let go that morning and he was only working through to the end of the day to get things in order. They believe that he was angry at being fired so he was messing around and tried to screw them over by renting the place to me for $650. They said the contract is not valid because it was just an employee being spiteful. Then they said I m responsible for a full $880 because any reasonable person would assume that a deal like $650 for this apartment was too good to be true and I should have known better. They want to hold me accountable for the lease BUT have me pay $880. I cannot afford that it s more than I make in a month. The only suggestion they came up with was for me to find that guy and sue him for the difference. I am wondering if anyone has any suggestions for me. This is a nightmare for me. Thank you.
|
I think you are in a good position here. You have a signed lease presumably signed by someone who was acting in their official capacity as a representative of the landlord. It might not hurt to have a lawyer draw up a letter informing the landlord that you intend to stick to the terms and pricing of the lease you signed. If the landlord feels that the former employee acted maliciously he can sue the employee. That s not really your concern or problem though IMHO.
|
I don t know how things work in Iowa much less all the details of your lease. Who countersigned the lease? Was it just this guy (and what was his position)? Or was it reviewed by a superior? At the end of the day the burden of proof is on them to show that it was not a valid lease AND that you were aware at the time of the signing that it was not a valid lease. Their employee has a agency relationship which once terminated is the responsibility of the landlord to prevent any further dealings with the public. They let this guy have access to their office and apparently keys to empty units. This is on them.
| 77 | 12 |
2s6t54
| 54 |
I rented an apartment. The property manager s employee gave me a special deal but has since been fired. They don t want to honor the deal. [Iowa] I was looking for a new apartment for January and was calling some big apartment managers and asking their prices for a 1-bedroom to see what was in my budget. One of them had a really nice apartment but they said the rate was $880 which is out of my budget. I said that wasn t in my budget but have a nice day and the guy said Wait a minute... and then said the apartment has been vacant for a couple of months so he d like to make me a deal. He asked me to come in and talk about it. I went into the office and talked to him. He asked what price range I was looking for I said under $650. He asked if I could do $650 exactly and I agreed. I KNOW the price he gave me is hard to believe but he said that after a couple of months of being vacant it s better for them to at least rent it out cheaper than not at all. I filled out an application he did a background check while I waited. Then he got a lease out. He crossed out 880 and wrote in 650 and initialed it both under the rent section and under the deposit section. I gave him a check for $650 for the deposit and came back 4 days later (January 2nd) and paid first month s rent. Then I moved in. Last night I found a tag on my door saying that I am behind by $240 on my rent and to make arrangements to pay immediately. I checked my bank account and the transaction for $650 had gone through for first month s rent so I assumed it was a mistake. I went into the landlord s office figuring it was just a misunderstanding. They told me I am on the hook for $880 I said we made a deal and my lease says $650. I asked them to look at my lease. They did and found I was right. APPARENTLY (based on what they claim) the guy who offered me this deal had been let go that morning and he was only working through to the end of the day to get things in order. They believe that he was angry at being fired so he was messing around and tried to screw them over by renting the place to me for $650. They said the contract is not valid because it was just an employee being spiteful. Then they said I m responsible for a full $880 because any reasonable person would assume that a deal like $650 for this apartment was too good to be true and I should have known better. They want to hold me accountable for the lease BUT have me pay $880. I cannot afford that it s more than I make in a month. The only suggestion they came up with was for me to find that guy and sue him for the difference. I am wondering if anyone has any suggestions for me. This is a nightmare for me. Thank you.
|
I think you are in a good position here. You have a signed lease presumably signed by someone who was acting in their official capacity as a representative of the landlord. It might not hurt to have a lawyer draw up a letter informing the landlord that you intend to stick to the terms and pricing of the lease you signed. If the landlord feels that the former employee acted maliciously he can sue the employee. That s not really your concern or problem though IMHO.
|
IANAL My gut says it s a binding contract. If they want to amend it then both parties need to agree. If you can t afford it then they should make it worth your while to pack up and leave and void the contract.
| 77 | 16 |
2s6vlt
| 464 |
Neighbor kid took my bike and got hurt hit a car so now they say their suing. is this legitimate? I got a good deal on an awesome bike. The owner said there was a problem with the brakes on the bike and they don t work and he sold it to me for hardly anything instead of fixing it. So I had my uncle come help me fix it. He was supposed to come over at noon yesterday. At noon I wheeled the bike out to the driveway but he was a couple minutes late. Then my phone rang so I went inside to answer it (turned out to be him telling me he would be a couple minutes late.) I went outside and the bike was gone. At first I thought I was just having a brain fart and had imagined bringing it out of the garage but sure enough it was gone. After a while I realized it wasn t anywhere and I called the police and they said they would send an officer to have me fill out a theft report. I did that and I have a copy of the report. Last night at 10 PM the neighbors came over. They said that due to my negligence of leaving a dangerous (no brakes) bike outside not locked up their son was hurt. He admitted to having stolen the bike from my driveway and riding it down the street. At a corner a car was coming and he of course couldn t brake. He ended up hitting the car on the side. It sounds like he was going pretty fast. There was minor damage to the car and the driver did not get hurt. But the neighbor kid s head went through the window and apparently one of his testes was damaged among other things. His parents are blaming me for leaving the bike where someone could take it. They said that i was negligent and irresponsible and my actions directly caused their son to be hurt. I would like to argue that but I won t get into it here. My question is they said I should look for a sheriff serving me papers tomorrow. Will this hold in a court? I have heard of dumb cases being thrown out but I don t know if that will apply here.
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Well... shit. This is like a bad law school exam fact pattern where you don t want to agree with the plaintiff (because how dumb can you be to steal something and then sue?) but there really might be something here. How old is the kid? There s no way they re serving you with a lawsuit tomorrow but... what kind of assets do you have? Good homeowner s insurance? Re-read your policy to see what it covers.
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| 196 | 5 |
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