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byrfhy | legaladvice_train | 0.98 | (OK) My friend works at a bar that requires a two hour unpaid deep cleaning shift once a month and if you don't show up, they take $100 out of your paycheck. So my friend works at a bar, and once a month on a Sunday, the require every employee to come in and deep clean the bar, unpaid. It lasts roughly two hours and if you opt out, they take $100 from your paycheck (which stating the obvious, means they aren't paying you for hours that month that you worked since you're not getting your full wages. My first thought is that this is illegal, except she said that they inform you of this during your interview and hiring process, and if you take the job you are consenting to this. I guess it could be legal to consent to an unpaid shift, but the taking wages out part seems like they're taking it too far. If the employees sign an employment contract that basically says they are cool with this, is it still legal? | eqkpawe | eqkow7j | 1,560,128,220 | 1,560,127,965 | 1,289 | 487 | This is illegal, any work performed must be paid. File a complaint with the OK state labor board. | > I guess it could be legal to consent to an unpaid shift Your guess is incorrect. Your employer is obligated to pay you for time worked -- you cannot consent to unpaid work. | 1 | 255 | 2.646817 |
byrfhy | legaladvice_train | 0.98 | (OK) My friend works at a bar that requires a two hour unpaid deep cleaning shift once a month and if you don't show up, they take $100 out of your paycheck. So my friend works at a bar, and once a month on a Sunday, the require every employee to come in and deep clean the bar, unpaid. It lasts roughly two hours and if you opt out, they take $100 from your paycheck (which stating the obvious, means they aren't paying you for hours that month that you worked since you're not getting your full wages. My first thought is that this is illegal, except she said that they inform you of this during your interview and hiring process, and if you take the job you are consenting to this. I guess it could be legal to consent to an unpaid shift, but the taking wages out part seems like they're taking it too far. If the employees sign an employment contract that basically says they are cool with this, is it still legal? | eqnfd2k | eqnbmhw | 1,560,175,342 | 1,560,174,092 | 89 | 44 | Not a lawyer but former restauranteur. Have someone who recently left the job file a wage claim so there's no retaliation. Unethical proprietors will make a whistle blowers life hard. | It is illegal to contract around the law, traditionally attempts to do so are found invalid and unenforceable. This should be reported to the labor board. | 1 | 1,250 | 2.022727 |
byrfhy | legaladvice_train | 0.98 | (OK) My friend works at a bar that requires a two hour unpaid deep cleaning shift once a month and if you don't show up, they take $100 out of your paycheck. So my friend works at a bar, and once a month on a Sunday, the require every employee to come in and deep clean the bar, unpaid. It lasts roughly two hours and if you opt out, they take $100 from your paycheck (which stating the obvious, means they aren't paying you for hours that month that you worked since you're not getting your full wages. My first thought is that this is illegal, except she said that they inform you of this during your interview and hiring process, and if you take the job you are consenting to this. I guess it could be legal to consent to an unpaid shift, but the taking wages out part seems like they're taking it too far. If the employees sign an employment contract that basically says they are cool with this, is it still legal? | eqoe33f | eqopllk | 1,560,187,459 | 1,560,191,219 | 12 | 35 | Totes illegal. You can't offer to work off the clock, your employer can't force you to work off the clock as a condition of employment, and you aren't allowed to forgo overtime either. | Worked over a year for a company that had Wednesday lunch meetings that where catered and required. About two years later I received a check for 1 hour of overtime for each week I worked there. Turns out somebody called the labor department and filed a complaint. Labor department made them send checks going back 7 years. This was in Oklahoma. An employee or former employee needs to file a complaint. | 0 | 3,760 | 2.916667 |
byrfhy | legaladvice_train | 0.98 | (OK) My friend works at a bar that requires a two hour unpaid deep cleaning shift once a month and if you don't show up, they take $100 out of your paycheck. So my friend works at a bar, and once a month on a Sunday, the require every employee to come in and deep clean the bar, unpaid. It lasts roughly two hours and if you opt out, they take $100 from your paycheck (which stating the obvious, means they aren't paying you for hours that month that you worked since you're not getting your full wages. My first thought is that this is illegal, except she said that they inform you of this during your interview and hiring process, and if you take the job you are consenting to this. I guess it could be legal to consent to an unpaid shift, but the taking wages out part seems like they're taking it too far. If the employees sign an employment contract that basically says they are cool with this, is it still legal? | eqp1jqt | eqowpww | 1,560,194,897 | 1,560,193,393 | 11 | 9 | If hourly workers could be obliged by their employer to "consent to an unpaid shift", it would instantly become a mandatory condition of every employment contract - indeed, of every employment *offer.* Which, as a side effect, would also serve to nullify minimum wage laws, and regulations mandating (to name just a few) payroll withholdings, overtime, work breaks and lunch periods. That is why such arrangements have been made illegal, and why employees even in at-will jurisdictions have no ability to waive them. | > So my friend works at a bar, and once a month on a Sunday, the require every employee to come in and deep clean the bar, unpaid. It lasts roughly two hours and if you opt out, they take $100 from your paycheck Gonna chime in here and say what others are saying. All work time must be paid. The FLSA (Fair Labor Standards Act) is Federal law that requires this for the entire United States. > If the employees sign an employment contract that basically says they are cool with this, is it still legal? Doubtful. There are some things that employees can waive (like taking a meal break or rest break), but this usually isn't one of them. > but the girl I was talking to said a former employee already tried to sue them and lost, somehow they have their ducks in a row. Is there any information that I maybe missed where this is possible to get away with? There is a ton of missing information here. The law is pretty much crystal clear on this. You should, at least, be receiving minimum wage for the extra hours worked. I'm thinking that the lawsuit was over some other issue, or that there was some other requirement that got the lawsuit thrown out - like "You need to go through the State Labor Board first". But I can't imagine a reasonable quality labor attorney wouldn't be ready to pounce on this one, at least a little bit. | 1 | 1,504 | 1.222222 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2pqtht | d2qeqhi | 1,462,204,820 | 1,462,236,425 | 16 | 17 | So I'm sympathetic to your frustration, but I can't guess why the court proceeding didn't go like you expected. Probably worth meeting with a local traffic attorney to get their opinion, but you may have to just weigh the cost of their service vs just paying the fine. So unless the fine was crazy high or it gave you points on your license, you're probably better off just paying it now. | I am going to guess as to what happened being a traffic prosecutor and seeing these things happen firsthand but they do things differently in Iowa so I could be mistaken. I think OP went in for his arraignment and the yes/no questions were regarding if he knew his charges and his rights etc..... then the judge must have gone all the way into "do you want to go ahead and plead guilty to this?" line of questioning and the OP was so frustrated or confused by the process that he ended up admitting to the charges and didn't even know it. probably waived his right to appeal right then and there on the record. being in court all day everyday we in the legal system tend to forget that the layman is totally foreign to the lingo and procedure of court and can totally get lost in whats going on. Its up to the judge, obviously, to make sure this doesn't happen but I have people come up weeks later usually after finding out they lost their license or got points on their license and saying "I didn't know X would happen if I pled guilty".... although I do have sympathy for that our judge in particular goes into incredible detail regarding rights and consequences for a defendant pleading guilty and unless the defendant has a pretty severe learning disability he or she should at least have a pretty good idea what is going on.... most of the time they aren't paying attention or get nervous and just say "yes" when they think they should and don't actually think about what is happening. Again, though, we all have to remember this is totally foreign to a lot of people. so OP you need a lawyer is the bottom line if you want to appeal this. | 0 | 31,605 | 1.0625 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2pqtht | d2pqbf4 | 1,462,204,820 | 1,462,204,120 | 16 | 7 | So I'm sympathetic to your frustration, but I can't guess why the court proceeding didn't go like you expected. Probably worth meeting with a local traffic attorney to get their opinion, but you may have to just weigh the cost of their service vs just paying the fine. So unless the fine was crazy high or it gave you points on your license, you're probably better off just paying it now. | Did you talk to the State's Attorney's office before hand? | 1 | 700 | 2.285714 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2qa0cj | d2qeqhi | 1,462,229,538 | 1,462,236,425 | 11 | 17 | Question: is it possible for OP to pay a lawyer to win the case, and then sue the officer or the city to recover the costs? Also, if the officer has testified under oath that the windows were tinted, and the photo proves that they were not, isn't that perjury? | I am going to guess as to what happened being a traffic prosecutor and seeing these things happen firsthand but they do things differently in Iowa so I could be mistaken. I think OP went in for his arraignment and the yes/no questions were regarding if he knew his charges and his rights etc..... then the judge must have gone all the way into "do you want to go ahead and plead guilty to this?" line of questioning and the OP was so frustrated or confused by the process that he ended up admitting to the charges and didn't even know it. probably waived his right to appeal right then and there on the record. being in court all day everyday we in the legal system tend to forget that the layman is totally foreign to the lingo and procedure of court and can totally get lost in whats going on. Its up to the judge, obviously, to make sure this doesn't happen but I have people come up weeks later usually after finding out they lost their license or got points on their license and saying "I didn't know X would happen if I pled guilty".... although I do have sympathy for that our judge in particular goes into incredible detail regarding rights and consequences for a defendant pleading guilty and unless the defendant has a pretty severe learning disability he or she should at least have a pretty good idea what is going on.... most of the time they aren't paying attention or get nervous and just say "yes" when they think they should and don't actually think about what is happening. Again, though, we all have to remember this is totally foreign to a lot of people. so OP you need a lawyer is the bottom line if you want to appeal this. | 0 | 6,887 | 1.545455 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2q1ugi | d2qeqhi | 1,462,219,057 | 1,462,236,425 | 9 | 17 | I know you don't want to spend money on a lawyer for this, and if there are no points involved you very well might choose to just pay the fine and move on. I am not a lawyer, but see you don't have any definitive answers in the comments at this point. Given that, I would recommend that you call at least one, maybe two, local lawyers who specialize in traffic tickets. They should be willing to talk to you one the phone breifly where you can explain what happened and ask them what they would recommend you do and what it would cost you for them to represent you. Then you can go from there. The kind of lawyer you want is one that advertises for traffic tickets in your court on the internet or in the phone book. Google traffic tickets and the name, location and number (if applicable) of your court. If you live in a mid to larger county the kind of lawyer you want will likely have an office very close to the court as that makes it easier for them (and cheaper for you) to go back and forth and they'll represent several clients in each court session which helps keep their rates down. After you talk to them you'll have a better idea what to do with or without them. If for any reason you don't want to contact/hire a lawyer you might want to go talk to the court clerk. They cannot provide legal advice but they can tell you about the court procedures and might be able to tell you why you were not given a chance to present your side and if there is a way for you to do so. | I am going to guess as to what happened being a traffic prosecutor and seeing these things happen firsthand but they do things differently in Iowa so I could be mistaken. I think OP went in for his arraignment and the yes/no questions were regarding if he knew his charges and his rights etc..... then the judge must have gone all the way into "do you want to go ahead and plead guilty to this?" line of questioning and the OP was so frustrated or confused by the process that he ended up admitting to the charges and didn't even know it. probably waived his right to appeal right then and there on the record. being in court all day everyday we in the legal system tend to forget that the layman is totally foreign to the lingo and procedure of court and can totally get lost in whats going on. Its up to the judge, obviously, to make sure this doesn't happen but I have people come up weeks later usually after finding out they lost their license or got points on their license and saying "I didn't know X would happen if I pled guilty".... although I do have sympathy for that our judge in particular goes into incredible detail regarding rights and consequences for a defendant pleading guilty and unless the defendant has a pretty severe learning disability he or she should at least have a pretty good idea what is going on.... most of the time they aren't paying attention or get nervous and just say "yes" when they think they should and don't actually think about what is happening. Again, though, we all have to remember this is totally foreign to a lot of people. so OP you need a lawyer is the bottom line if you want to appeal this. | 0 | 17,368 | 1.888889 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2pqbf4 | d2qeqhi | 1,462,204,120 | 1,462,236,425 | 7 | 17 | Did you talk to the State's Attorney's office before hand? | I am going to guess as to what happened being a traffic prosecutor and seeing these things happen firsthand but they do things differently in Iowa so I could be mistaken. I think OP went in for his arraignment and the yes/no questions were regarding if he knew his charges and his rights etc..... then the judge must have gone all the way into "do you want to go ahead and plead guilty to this?" line of questioning and the OP was so frustrated or confused by the process that he ended up admitting to the charges and didn't even know it. probably waived his right to appeal right then and there on the record. being in court all day everyday we in the legal system tend to forget that the layman is totally foreign to the lingo and procedure of court and can totally get lost in whats going on. Its up to the judge, obviously, to make sure this doesn't happen but I have people come up weeks later usually after finding out they lost their license or got points on their license and saying "I didn't know X would happen if I pled guilty".... although I do have sympathy for that our judge in particular goes into incredible detail regarding rights and consequences for a defendant pleading guilty and unless the defendant has a pretty severe learning disability he or she should at least have a pretty good idea what is going on.... most of the time they aren't paying attention or get nervous and just say "yes" when they think they should and don't actually think about what is happening. Again, though, we all have to remember this is totally foreign to a lot of people. so OP you need a lawyer is the bottom line if you want to appeal this. | 0 | 32,305 | 2.428571 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2pwzlz | d2qeqhi | 1,462,213,001 | 1,462,236,425 | 6 | 17 | Did the cop use a light meter to measure the % of tint? By law, you cannot be ticketed without proof/evidence that your tint is in fact darker than the allowable amount... once again this is in NY so might be different, but doubt it. | I am going to guess as to what happened being a traffic prosecutor and seeing these things happen firsthand but they do things differently in Iowa so I could be mistaken. I think OP went in for his arraignment and the yes/no questions were regarding if he knew his charges and his rights etc..... then the judge must have gone all the way into "do you want to go ahead and plead guilty to this?" line of questioning and the OP was so frustrated or confused by the process that he ended up admitting to the charges and didn't even know it. probably waived his right to appeal right then and there on the record. being in court all day everyday we in the legal system tend to forget that the layman is totally foreign to the lingo and procedure of court and can totally get lost in whats going on. Its up to the judge, obviously, to make sure this doesn't happen but I have people come up weeks later usually after finding out they lost their license or got points on their license and saying "I didn't know X would happen if I pled guilty".... although I do have sympathy for that our judge in particular goes into incredible detail regarding rights and consequences for a defendant pleading guilty and unless the defendant has a pretty severe learning disability he or she should at least have a pretty good idea what is going on.... most of the time they aren't paying attention or get nervous and just say "yes" when they think they should and don't actually think about what is happening. Again, though, we all have to remember this is totally foreign to a lot of people. so OP you need a lawyer is the bottom line if you want to appeal this. | 0 | 23,424 | 2.833333 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2q1ugi | d2qa0cj | 1,462,219,057 | 1,462,229,538 | 9 | 11 | I know you don't want to spend money on a lawyer for this, and if there are no points involved you very well might choose to just pay the fine and move on. I am not a lawyer, but see you don't have any definitive answers in the comments at this point. Given that, I would recommend that you call at least one, maybe two, local lawyers who specialize in traffic tickets. They should be willing to talk to you one the phone breifly where you can explain what happened and ask them what they would recommend you do and what it would cost you for them to represent you. Then you can go from there. The kind of lawyer you want is one that advertises for traffic tickets in your court on the internet or in the phone book. Google traffic tickets and the name, location and number (if applicable) of your court. If you live in a mid to larger county the kind of lawyer you want will likely have an office very close to the court as that makes it easier for them (and cheaper for you) to go back and forth and they'll represent several clients in each court session which helps keep their rates down. After you talk to them you'll have a better idea what to do with or without them. If for any reason you don't want to contact/hire a lawyer you might want to go talk to the court clerk. They cannot provide legal advice but they can tell you about the court procedures and might be able to tell you why you were not given a chance to present your side and if there is a way for you to do so. | Question: is it possible for OP to pay a lawyer to win the case, and then sue the officer or the city to recover the costs? Also, if the officer has testified under oath that the windows were tinted, and the photo proves that they were not, isn't that perjury? | 0 | 10,481 | 1.222222 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2qa0cj | d2pqbf4 | 1,462,229,538 | 1,462,204,120 | 11 | 7 | Question: is it possible for OP to pay a lawyer to win the case, and then sue the officer or the city to recover the costs? Also, if the officer has testified under oath that the windows were tinted, and the photo proves that they were not, isn't that perjury? | Did you talk to the State's Attorney's office before hand? | 1 | 25,418 | 1.571429 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2pwzlz | d2qa0cj | 1,462,213,001 | 1,462,229,538 | 6 | 11 | Did the cop use a light meter to measure the % of tint? By law, you cannot be ticketed without proof/evidence that your tint is in fact darker than the allowable amount... once again this is in NY so might be different, but doubt it. | Question: is it possible for OP to pay a lawyer to win the case, and then sue the officer or the city to recover the costs? Also, if the officer has testified under oath that the windows were tinted, and the photo proves that they were not, isn't that perjury? | 0 | 16,537 | 1.833333 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2pqbf4 | d2q1ugi | 1,462,204,120 | 1,462,219,057 | 7 | 9 | Did you talk to the State's Attorney's office before hand? | I know you don't want to spend money on a lawyer for this, and if there are no points involved you very well might choose to just pay the fine and move on. I am not a lawyer, but see you don't have any definitive answers in the comments at this point. Given that, I would recommend that you call at least one, maybe two, local lawyers who specialize in traffic tickets. They should be willing to talk to you one the phone breifly where you can explain what happened and ask them what they would recommend you do and what it would cost you for them to represent you. Then you can go from there. The kind of lawyer you want is one that advertises for traffic tickets in your court on the internet or in the phone book. Google traffic tickets and the name, location and number (if applicable) of your court. If you live in a mid to larger county the kind of lawyer you want will likely have an office very close to the court as that makes it easier for them (and cheaper for you) to go back and forth and they'll represent several clients in each court session which helps keep their rates down. After you talk to them you'll have a better idea what to do with or without them. If for any reason you don't want to contact/hire a lawyer you might want to go talk to the court clerk. They cannot provide legal advice but they can tell you about the court procedures and might be able to tell you why you were not given a chance to present your side and if there is a way for you to do so. | 0 | 14,937 | 1.285714 |
4hh8ox | legaladvice_train | 0.94 | IA] Cop ticketed me for window tinting. Went to court to show that my vehicle isn't illegally tinted. Didn't get to say my side or show what my vehicle actually looks like, lost. My vehicle's front windows have no tint at all, the back windows have tint. I received a ticket from an officer citing me for window tinting for the *front* windows. [This is some info on window tinting in Iowa and based on that my car should be fine. In addition (because I was nervous after getting the ticket) I went to the local office where someone actually came outside and looked at my vehicle and confirmed that the back window tint is fine. They said I would have no problem going to the court date with a picture of my car. At the hearing the police officer claimed (incorrectly) that all the windows (including the front) are tinted - but as I said, there is absolutely no tint on the front windows. I did not get an opportunity to show the picture of my car that shows this, or to correct the fact that the front windows are NOT tinted. The judge ordered me to pay the fine plus costs and his order specifically says it's for tinting of the front windows. Can anyone offer some advice on what to do now? | d2q1ugi | d2pwzlz | 1,462,219,057 | 1,462,213,001 | 9 | 6 | I know you don't want to spend money on a lawyer for this, and if there are no points involved you very well might choose to just pay the fine and move on. I am not a lawyer, but see you don't have any definitive answers in the comments at this point. Given that, I would recommend that you call at least one, maybe two, local lawyers who specialize in traffic tickets. They should be willing to talk to you one the phone breifly where you can explain what happened and ask them what they would recommend you do and what it would cost you for them to represent you. Then you can go from there. The kind of lawyer you want is one that advertises for traffic tickets in your court on the internet or in the phone book. Google traffic tickets and the name, location and number (if applicable) of your court. If you live in a mid to larger county the kind of lawyer you want will likely have an office very close to the court as that makes it easier for them (and cheaper for you) to go back and forth and they'll represent several clients in each court session which helps keep their rates down. After you talk to them you'll have a better idea what to do with or without them. If for any reason you don't want to contact/hire a lawyer you might want to go talk to the court clerk. They cannot provide legal advice but they can tell you about the court procedures and might be able to tell you why you were not given a chance to present your side and if there is a way for you to do so. | Did the cop use a light meter to measure the % of tint? By law, you cannot be ticketed without proof/evidence that your tint is in fact darker than the allowable amount... once again this is in NY so might be different, but doubt it. | 1 | 6,056 | 1.5 |
scrc4l | legaladvice_train | 0.58 | Speeding ticket (33) in a school zone (20) but cop issued me the ticket at 2:29 when school zone starts at 2:30? I was going home from work on my moped, and was trying to overtake a car on my right to turn right at the light ahead, when the cops walked out into the road and stopped me. They claimed I was going 33 in a school zone that started about 50 yards from where they stopped me. There were four cops total and one had a laser which was used on me. Can I fight this ticket myself and save the cost of a lawyer? Or should I get a lawyer and show him my evidence? Biggest reason I may be able to beat it myself: upon looking at the schools website and looking at their school zone times, it claims it starts at 2:30PM and ends at 4PM. On my ticket, the time it was issued says 2:29PM not counting the fact that the officer had to look up my credentials because I didn’t have my ID or insurance. (Very stupid, I know, but I live like a 4 min drive to work and was in a hurry) Any help would be appreciated. Thanks in advance | hu81m7x | hu8195l | 1,643,154,345 | 1,643,154,195 | 181 | 65 | Their website isnt going to be the proof you need. Go back and look at the school zone sign. Take a picture of it for court, assuming it says 230 | What's the limit not during school zone hours? | 1 | 150 | 2.784615 |
bf0uho | legaladvice_train | 0.86 | I am a RE agent for a company in TEXAS. I am a 1099 contractor (NOT an employee), yet they REQUIRE me to be on standby on certain weekends to work clients that come in through our sales system. We have been threatened to get fired if we do not comply with that system. Is that legal? According to Texas law "An Employee may work "on call" or during hours and days as set by the employer. A true Independent Contractor is the master of his or her own time and works the days and hours he or she chooses. " https://twc.texas.gov/files/businesses/form-c-8-employment-status-comparative-approach-twc.pdf | ela9tda | ela2ol1 | 1,555,696,972 | 1,555,692,617 | 16 | 11 | Certain real estate agents are "statutory nonemployees" and are not subject to the traditional tests because their status is explicitly set by law. The TX Labor Code also has a similar exclusion. So, any argument that flows from classification may not be a valid one. | Just as you’re free to go, they are free to let them go. | 1 | 4,355 | 1.454545 |
bf0uho | legaladvice_train | 0.86 | I am a RE agent for a company in TEXAS. I am a 1099 contractor (NOT an employee), yet they REQUIRE me to be on standby on certain weekends to work clients that come in through our sales system. We have been threatened to get fired if we do not comply with that system. Is that legal? According to Texas law "An Employee may work "on call" or during hours and days as set by the employer. A true Independent Contractor is the master of his or her own time and works the days and hours he or she chooses. " https://twc.texas.gov/files/businesses/form-c-8-employment-status-comparative-approach-twc.pdf | ela3bz6 | ela9tda | 1,555,693,021 | 1,555,696,972 | 3 | 16 | My mom was a real estate agent in the more conventional sense, and was required to put in a certain amount of "floor duty" at ever agency she worked for. It provided her with the leads she converted into sales, and ensured the phones were always covered. ​ Not sure of the legality of it, but it seems pretty typical. | Certain real estate agents are "statutory nonemployees" and are not subject to the traditional tests because their status is explicitly set by law. The TX Labor Code also has a similar exclusion. So, any argument that flows from classification may not be a valid one. | 0 | 3,951 | 5.333333 |
bf0uho | legaladvice_train | 0.86 | I am a RE agent for a company in TEXAS. I am a 1099 contractor (NOT an employee), yet they REQUIRE me to be on standby on certain weekends to work clients that come in through our sales system. We have been threatened to get fired if we do not comply with that system. Is that legal? According to Texas law "An Employee may work "on call" or during hours and days as set by the employer. A true Independent Contractor is the master of his or her own time and works the days and hours he or she chooses. " https://twc.texas.gov/files/businesses/form-c-8-employment-status-comparative-approach-twc.pdf | ela9tda | ela46ug | 1,555,696,972 | 1,555,693,551 | 16 | 4 | Certain real estate agents are "statutory nonemployees" and are not subject to the traditional tests because their status is explicitly set by law. The TX Labor Code also has a similar exclusion. So, any argument that flows from classification may not be a valid one. | Without getting into weather you are properly classified as an independent contractor, it would be legal for the company to decide to only use IC's that were available and required to do work on the weekends. | 1 | 3,421 | 4 |
bf0uho | legaladvice_train | 0.86 | I am a RE agent for a company in TEXAS. I am a 1099 contractor (NOT an employee), yet they REQUIRE me to be on standby on certain weekends to work clients that come in through our sales system. We have been threatened to get fired if we do not comply with that system. Is that legal? According to Texas law "An Employee may work "on call" or during hours and days as set by the employer. A true Independent Contractor is the master of his or her own time and works the days and hours he or she chooses. " https://twc.texas.gov/files/businesses/form-c-8-employment-status-comparative-approach-twc.pdf | ela3bz6 | ela46ug | 1,555,693,021 | 1,555,693,551 | 3 | 4 | My mom was a real estate agent in the more conventional sense, and was required to put in a certain amount of "floor duty" at ever agency she worked for. It provided her with the leads she converted into sales, and ensured the phones were always covered. ​ Not sure of the legality of it, but it seems pretty typical. | Without getting into weather you are properly classified as an independent contractor, it would be legal for the company to decide to only use IC's that were available and required to do work on the weekends. | 0 | 530 | 1.333333 |
wcxk35 | legaladvice_train | 0.96 | ( Employer is making me pay $3,000 for damages that occurred while on the job. ) Can anyone give me any legal advice on this matter? Please! I’m 19 and I recently started work for this tire company where I deliver tires to dealerships in LA and San Diego. I drive a truck as big as a U-Haul and when I deliver tires and sometimes its hard to back out & such since its such a tight space at most dealerships. I recently hit a wall at a Lexus dealership and the damage was said to be $3,000. And my employer is making me sign a contract to deduct a certain amount till I pay back that $3,000. Would I have to pay the amount that my employer is saying I have to? Especially if I was on the job using a company truck as well. I’m not sure if it would fall under Labor laws in CA or that if my employer is supposed to cover that damage that happened while on the job. Any advice would help! | iigffxp | iige2b8 | 1,659,318,356 | 1,659,317,670 | 36 | 19 | They own a profitable business. They take risks and reap the rewards. You are there to make a fixed hourly pay. Nothing can be deducted from your pay. Accidents are part of the risk that comes out of their profits. Don't agree to pay. If they fire you, go find a better place to work. The job market is hot right now. If they chose not to pay for the right insurance, they took on more risk in their business. | Not legal to make you pay, legal to fire you for it though. | 1 | 686 | 1.894737 |
wcxk35 | legaladvice_train | 0.96 | ( Employer is making me pay $3,000 for damages that occurred while on the job. ) Can anyone give me any legal advice on this matter? Please! I’m 19 and I recently started work for this tire company where I deliver tires to dealerships in LA and San Diego. I drive a truck as big as a U-Haul and when I deliver tires and sometimes its hard to back out & such since its such a tight space at most dealerships. I recently hit a wall at a Lexus dealership and the damage was said to be $3,000. And my employer is making me sign a contract to deduct a certain amount till I pay back that $3,000. Would I have to pay the amount that my employer is saying I have to? Especially if I was on the job using a company truck as well. I’m not sure if it would fall under Labor laws in CA or that if my employer is supposed to cover that damage that happened while on the job. Any advice would help! | iih4m1t | iigyfbq | 1,659,332,933 | 1,659,328,737 | 9 | 7 | OP - is it possible that your boss let you drive the delivery truck before getting insurance approval/no approval for you to drive the delivery truck? (They still can't make you pay back the damage amount of course.) I only ask about insurance approval because my SO was driving a bread delivery truck the summer after freshman year at college. He was barely 19. He drove it all summer, then about 3 weeks before his end of employment, his boss called him & his friend in & said insurance said they weren't approved to drive under the company insurance because they weren't 21. (This took 2.5 months.) Boss said, "It's only a couple of more weeks. Just don't get in a wreck!" and let them keep driving. Your situation makes me think you weren't approved to drive the company vehicle due to age by the insurance company and your boss is trying to hide the damages because they had no idea that the insurance company wouldn't cover you. Hope you get this situation fixed soon. | Insurance should cover that since its a buisness expense. If they dont have insurance its on them. | 1 | 4,196 | 1.285714 |
wcxk35 | legaladvice_train | 0.96 | ( Employer is making me pay $3,000 for damages that occurred while on the job. ) Can anyone give me any legal advice on this matter? Please! I’m 19 and I recently started work for this tire company where I deliver tires to dealerships in LA and San Diego. I drive a truck as big as a U-Haul and when I deliver tires and sometimes its hard to back out & such since its such a tight space at most dealerships. I recently hit a wall at a Lexus dealership and the damage was said to be $3,000. And my employer is making me sign a contract to deduct a certain amount till I pay back that $3,000. Would I have to pay the amount that my employer is saying I have to? Especially if I was on the job using a company truck as well. I’m not sure if it would fall under Labor laws in CA or that if my employer is supposed to cover that damage that happened while on the job. Any advice would help! | iih4m1t | iigrlgo | 1,659,332,933 | 1,659,324,688 | 9 | 3 | OP - is it possible that your boss let you drive the delivery truck before getting insurance approval/no approval for you to drive the delivery truck? (They still can't make you pay back the damage amount of course.) I only ask about insurance approval because my SO was driving a bread delivery truck the summer after freshman year at college. He was barely 19. He drove it all summer, then about 3 weeks before his end of employment, his boss called him & his friend in & said insurance said they weren't approved to drive under the company insurance because they weren't 21. (This took 2.5 months.) Boss said, "It's only a couple of more weeks. Just don't get in a wreck!" and let them keep driving. Your situation makes me think you weren't approved to drive the company vehicle due to age by the insurance company and your boss is trying to hide the damages because they had no idea that the insurance company wouldn't cover you. Hope you get this situation fixed soon. | I’m sure they have insurance on their vehicle that covers that & if they don’t, that would explain why they want you to pay the full amount of damages which is a whole different issue in its self. Do not sign ANYTHING | 1 | 8,245 | 3 |
wcxk35 | legaladvice_train | 0.96 | ( Employer is making me pay $3,000 for damages that occurred while on the job. ) Can anyone give me any legal advice on this matter? Please! I’m 19 and I recently started work for this tire company where I deliver tires to dealerships in LA and San Diego. I drive a truck as big as a U-Haul and when I deliver tires and sometimes its hard to back out & such since its such a tight space at most dealerships. I recently hit a wall at a Lexus dealership and the damage was said to be $3,000. And my employer is making me sign a contract to deduct a certain amount till I pay back that $3,000. Would I have to pay the amount that my employer is saying I have to? Especially if I was on the job using a company truck as well. I’m not sure if it would fall under Labor laws in CA or that if my employer is supposed to cover that damage that happened while on the job. Any advice would help! | iigyjf9 | iigyfbq | 1,659,328,810 | 1,659,328,737 | 9 | 7 | Absolutely not allowed to deduct from your check. Their insurance pays for that. Not you! Please report them to the DOL so they don’t do this to anyone else. If they fire you, take that to the DOL also and apply for unemployment. | Insurance should cover that since its a buisness expense. If they dont have insurance its on them. | 1 | 73 | 1.285714 |
wcxk35 | legaladvice_train | 0.96 | ( Employer is making me pay $3,000 for damages that occurred while on the job. ) Can anyone give me any legal advice on this matter? Please! I’m 19 and I recently started work for this tire company where I deliver tires to dealerships in LA and San Diego. I drive a truck as big as a U-Haul and when I deliver tires and sometimes its hard to back out & such since its such a tight space at most dealerships. I recently hit a wall at a Lexus dealership and the damage was said to be $3,000. And my employer is making me sign a contract to deduct a certain amount till I pay back that $3,000. Would I have to pay the amount that my employer is saying I have to? Especially if I was on the job using a company truck as well. I’m not sure if it would fall under Labor laws in CA or that if my employer is supposed to cover that damage that happened while on the job. Any advice would help! | iigrlgo | iigyfbq | 1,659,324,688 | 1,659,328,737 | 3 | 7 | I’m sure they have insurance on their vehicle that covers that & if they don’t, that would explain why they want you to pay the full amount of damages which is a whole different issue in its self. Do not sign ANYTHING | Insurance should cover that since its a buisness expense. If they dont have insurance its on them. | 0 | 4,049 | 2.333333 |
wcxk35 | legaladvice_train | 0.96 | ( Employer is making me pay $3,000 for damages that occurred while on the job. ) Can anyone give me any legal advice on this matter? Please! I’m 19 and I recently started work for this tire company where I deliver tires to dealerships in LA and San Diego. I drive a truck as big as a U-Haul and when I deliver tires and sometimes its hard to back out & such since its such a tight space at most dealerships. I recently hit a wall at a Lexus dealership and the damage was said to be $3,000. And my employer is making me sign a contract to deduct a certain amount till I pay back that $3,000. Would I have to pay the amount that my employer is saying I have to? Especially if I was on the job using a company truck as well. I’m not sure if it would fall under Labor laws in CA or that if my employer is supposed to cover that damage that happened while on the job. Any advice would help! | iigyjf9 | iigrlgo | 1,659,328,810 | 1,659,324,688 | 9 | 3 | Absolutely not allowed to deduct from your check. Their insurance pays for that. Not you! Please report them to the DOL so they don’t do this to anyone else. If they fire you, take that to the DOL also and apply for unemployment. | I’m sure they have insurance on their vehicle that covers that & if they don’t, that would explain why they want you to pay the full amount of damages which is a whole different issue in its self. Do not sign ANYTHING | 1 | 4,122 | 3 |
yyk9rg | legaladvice_train | 0.93 | Employer makes me pay a portion of other employee's salaries! I am a Nurse Practitioner in a private practice. The Business Owner/Doctor, deducts money from my annual bonus and states that I have to pay a portion of the salaries of the Medical Assistants because I use their services. I am a salaried employee and there is nothing about this in my contract. I am employed in Florida. Is this legal? | iwvhoga | iwupwia | 1,668,793,181 | 1,668,781,683 | 145 | 120 | Are you being taxed on the full amount of the bonus before they take money out to pay the assistants? Or is the net number what is being reported? | What does your contract say about your annual bonus? This is legal. And pretty typical of bonuses for professionals based in the profitability of the business. Obviously the terms of your contract are important and may have impact. | 1 | 11,498 | 1.208333 |
yyk9rg | legaladvice_train | 0.93 | Employer makes me pay a portion of other employee's salaries! I am a Nurse Practitioner in a private practice. The Business Owner/Doctor, deducts money from my annual bonus and states that I have to pay a portion of the salaries of the Medical Assistants because I use their services. I am a salaried employee and there is nothing about this in my contract. I am employed in Florida. Is this legal? | iwvhoga | iwuutsi | 1,668,793,181 | 1,668,783,858 | 145 | 79 | Are you being taxed on the full amount of the bonus before they take money out to pay the assistants? Or is the net number what is being reported? | I am not an expert, nor licensed in your state. What does your contract say about bonuses? Since this is money coming out of a bonus, it might be fine unless your contract entitles you to a specific bonus structure. For example x dollars per patient or x dollars per hours worked over a set amount. But if the bonus is just whatever the business owner chooses to pay you each year, then I think you can just see it as a smaller bonus since the rest of it went into other operating expenses instead. If the bonus is supposed to be based, for example, on profits to the business, then the costs of paying the medical assistants would decrease the profit and thus decrease your bonus. So it's possible that the way it is being worded makes it seems like you are personally paying them when in fact the business is paying them, thereby reducing the amount of money left for bonuses. (Informational purposes only, does not establish attorney-client relationship) | 1 | 9,323 | 1.835443 |
yyk9rg | legaladvice_train | 0.93 | Employer makes me pay a portion of other employee's salaries! I am a Nurse Practitioner in a private practice. The Business Owner/Doctor, deducts money from my annual bonus and states that I have to pay a portion of the salaries of the Medical Assistants because I use their services. I am a salaried employee and there is nothing about this in my contract. I am employed in Florida. Is this legal? | iwvhoga | iwut7ge | 1,668,793,181 | 1,668,783,157 | 145 | 40 | Are you being taxed on the full amount of the bonus before they take money out to pay the assistants? Or is the net number what is being reported? | How is the annual bonus structured in your contract? Usually, it’ll detail your net bonus after overhead has been taken into account. This is legal as long as it’s laid out in your contract. | 1 | 10,024 | 3.625 |
yyk9rg | legaladvice_train | 0.93 | Employer makes me pay a portion of other employee's salaries! I am a Nurse Practitioner in a private practice. The Business Owner/Doctor, deducts money from my annual bonus and states that I have to pay a portion of the salaries of the Medical Assistants because I use their services. I am a salaried employee and there is nothing about this in my contract. I am employed in Florida. Is this legal? | iwuutsi | iwut7ge | 1,668,783,858 | 1,668,783,157 | 79 | 40 | I am not an expert, nor licensed in your state. What does your contract say about bonuses? Since this is money coming out of a bonus, it might be fine unless your contract entitles you to a specific bonus structure. For example x dollars per patient or x dollars per hours worked over a set amount. But if the bonus is just whatever the business owner chooses to pay you each year, then I think you can just see it as a smaller bonus since the rest of it went into other operating expenses instead. If the bonus is supposed to be based, for example, on profits to the business, then the costs of paying the medical assistants would decrease the profit and thus decrease your bonus. So it's possible that the way it is being worded makes it seems like you are personally paying them when in fact the business is paying them, thereby reducing the amount of money left for bonuses. (Informational purposes only, does not establish attorney-client relationship) | How is the annual bonus structured in your contract? Usually, it’ll detail your net bonus after overhead has been taken into account. This is legal as long as it’s laid out in your contract. | 1 | 701 | 1.975 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8tu6ot | d8tu2w5 | 1,476,584,307 | 1,476,584,135 | 538 | 40 | Call the police this is a felony in FL. Edit: call the police in Orlando (or applicable suburb/orange County SO) by non-emergency number. San Fran PD has no recourse in this action. | What he's doing now is harassment (cyberstalking). If he posts nudes of you without your consent, it's a separate harassment charge (sexual cyberharassment). Take your concerns to the police. EDIT: Source for the random downvoters: FL Statute 784.048 and 784.049 | 1 | 172 | 13.45 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8tu2w5 | d8tuksr | 1,476,584,135 | 1,476,584,933 | 40 | 327 | What he's doing now is harassment (cyberstalking). If he posts nudes of you without your consent, it's a separate harassment charge (sexual cyberharassment). Take your concerns to the police. EDIT: Source for the random downvoters: FL Statute 784.048 and 784.049 | Can I give you some non-legal advice? Tell your mother (and anyone else that might be upset by this) now that this might be happening and then tell him to piss off. If she loves you she might be upset but she'll be far more angry with him than she will be you. | 0 | 798 | 8.175 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8u1sso | d8tu2w5 | 1,476,598,740 | 1,476,584,135 | 52 | 40 | On a less legal level I'd highly recommend reading through the excellent Captain Awkward website, as well as reading The Gift Of Fear. What you've done in answering him is let him know what he needs to do in order to get you to respond. If he has to send 20 texts before you reply and then you do, you've just signed up for 20 more texts next time he wants attention. My advice would be to either defuse the threat by calling his bluff, or ignoring him. You can't control what he does, but you can control what you do. Think about how you'd feel if your best friend's ex sent you her nudes: she'd be mortified, but would you treat her any different or would you think really badly of him? Think about the cost/benefit for him if he knows he can't use this to control you: if you cut him off, ignore him completely and forever, would he really do it to get your attention or get revenge? Most wouldn't, but if he would, do you really want to invite someone like that back into your life and hand them control? Or, if you call his bluff, would he really do it? Would that get him what he wants – access to you? Only you can answer these questions. I've not been in this situation yet myself, but someone I know had someone try to blackmail her with suggestive photos. She just uploaded them to her twitter. Now that's a power move! | What he's doing now is harassment (cyberstalking). If he posts nudes of you without your consent, it's a separate harassment charge (sexual cyberharassment). Take your concerns to the police. EDIT: Source for the random downvoters: FL Statute 784.048 and 784.049 | 1 | 14,605 | 1.3 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8u1sso | d8txmf6 | 1,476,598,740 | 1,476,589,887 | 52 | 25 | On a less legal level I'd highly recommend reading through the excellent Captain Awkward website, as well as reading The Gift Of Fear. What you've done in answering him is let him know what he needs to do in order to get you to respond. If he has to send 20 texts before you reply and then you do, you've just signed up for 20 more texts next time he wants attention. My advice would be to either defuse the threat by calling his bluff, or ignoring him. You can't control what he does, but you can control what you do. Think about how you'd feel if your best friend's ex sent you her nudes: she'd be mortified, but would you treat her any different or would you think really badly of him? Think about the cost/benefit for him if he knows he can't use this to control you: if you cut him off, ignore him completely and forever, would he really do it to get your attention or get revenge? Most wouldn't, but if he would, do you really want to invite someone like that back into your life and hand them control? Or, if you call his bluff, would he really do it? Would that get him what he wants – access to you? Only you can answer these questions. I've not been in this situation yet myself, but someone I know had someone try to blackmail her with suggestive photos. She just uploaded them to her twitter. Now that's a power move! | Am I wrong in thinking this is black mail? Or extortion? | 1 | 8,853 | 2.08 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8txarg | d8u1sso | 1,476,589,332 | 1,476,598,740 | 12 | 52 | > Will the police care? Will a lawyer care? Dont ask us, ask them. It wont cost you anything to talk to a cop, the worst they can do is say no and I think thats pretty unlikely | On a less legal level I'd highly recommend reading through the excellent Captain Awkward website, as well as reading The Gift Of Fear. What you've done in answering him is let him know what he needs to do in order to get you to respond. If he has to send 20 texts before you reply and then you do, you've just signed up for 20 more texts next time he wants attention. My advice would be to either defuse the threat by calling his bluff, or ignoring him. You can't control what he does, but you can control what you do. Think about how you'd feel if your best friend's ex sent you her nudes: she'd be mortified, but would you treat her any different or would you think really badly of him? Think about the cost/benefit for him if he knows he can't use this to control you: if you cut him off, ignore him completely and forever, would he really do it to get your attention or get revenge? Most wouldn't, but if he would, do you really want to invite someone like that back into your life and hand them control? Or, if you call his bluff, would he really do it? Would that get him what he wants – access to you? Only you can answer these questions. I've not been in this situation yet myself, but someone I know had someone try to blackmail her with suggestive photos. She just uploaded them to her twitter. Now that's a power move! | 0 | 9,408 | 4.333333 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8tu2w5 | d8u6byf | 1,476,584,135 | 1,476,614,000 | 40 | 41 | What he's doing now is harassment (cyberstalking). If he posts nudes of you without your consent, it's a separate harassment charge (sexual cyberharassment). Take your concerns to the police. EDIT: Source for the random downvoters: FL Statute 784.048 and 784.049 | I'd tell his mother on him. Sounds stupid but it might work. | 0 | 29,865 | 1.025 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8txmf6 | d8u6byf | 1,476,589,887 | 1,476,614,000 | 25 | 41 | Am I wrong in thinking this is black mail? Or extortion? | I'd tell his mother on him. Sounds stupid but it might work. | 0 | 24,113 | 1.64 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8u6byf | d8txarg | 1,476,614,000 | 1,476,589,332 | 41 | 12 | I'd tell his mother on him. Sounds stupid but it might work. | > Will the police care? Will a lawyer care? Dont ask us, ask them. It wont cost you anything to talk to a cop, the worst they can do is say no and I think thats pretty unlikely | 1 | 24,668 | 3.416667 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8u6byf | d8u3816 | 1,476,614,000 | 1,476,602,911 | 41 | 11 | I'd tell his mother on him. Sounds stupid but it might work. | Tell anyone who might get upset by getting nudes of you before it happens. Like your mom and dad or brothers and sisters. Second call police. Non emergency number in your area and tell them that said person is black mailing you. Follow police instruction and that's pretty much it. | 1 | 11,089 | 3.727273 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8u6byf | d8u4ylv | 1,476,614,000 | 1,476,608,843 | 41 | 3 | I'd tell his mother on him. Sounds stupid but it might work. | Tell him to Google "Revenge Porn" and find out how much trouble he'll be in. Please call the police, don't delete the texts. He's threatening you. Don't respond to him. Carry on ignoring him. | 1 | 5,157 | 13.666667 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8txarg | d8txmf6 | 1,476,589,332 | 1,476,589,887 | 12 | 25 | > Will the police care? Will a lawyer care? Dont ask us, ask them. It wont cost you anything to talk to a cop, the worst they can do is say no and I think thats pretty unlikely | Am I wrong in thinking this is black mail? Or extortion? | 0 | 555 | 2.083333 |
57pf0f | legaladvice_train | 0.93 | [FL] My ex is threatening me to send my nudes to everyone if I dont text him back. What are my options? So /r/relationships sent me here, if anyone is curious about the whole story, it's in my post history. Basically a few months after breaking up with me, my ex boyfriend suddenly reappeared in my life by messaging me. It was innocent, he said he missed me and that he was sorry, and we had some small talk. Then he continued messaging me and I told him to leave me alone since I am not interested and I'm seeing somebody else. I stopped answering and he started to threaten me that he will send my nudes to everyone, even my mother, if i don't answer. I did cave in and answered him, even though I knew i shouldn't but now I have won me some time to come up with a defense plan. Do you guys know if I have any copyright over these photos? Will the police care? Will a lawyer care? Is what he is doing even illegal? I recently moved to San Francisco but he is living in Orlando, Florida, my home city. Edit: I am an adult and was an adult when the photos were taken. Also my face isn't visible on them, but my pretty big and unique tattoo is. | d8ubbkt | d8u4ylv | 1,476,627,794 | 1,476,608,843 | 8 | 3 | Tell him you have screenshots and will be contacting law enforcement if this is mentioned again. Easy. | Tell him to Google "Revenge Porn" and find out how much trouble he'll be in. Please call the police, don't delete the texts. He's threatening you. Don't respond to him. Carry on ignoring him. | 1 | 18,951 | 2.666667 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frawx0t | frb1x3s | 1,590,027,937 | 1,590,030,930 | 122 | 549 | That’s considered child porn so he’d pretty much be asking for a charge | So: not a lawyer, not legal advice, yada yada. So he’s not only threatening to release child porn, he’s blackmailing you into staying in a relationship with him. Depending on what ‘staying in a relationship’ means, it could very well be sexual assault as well. These are actual crimes that he is committing against you. I get not wanting to tell your parents. I can’t imagine how trapped, betrayed, and upset you must feel right now. But your “boyfriend” is abusing you. He’s holding something over your head to keep you compliant, doing what he wants. He doesn’t care about you, he just wants to control you. Nothing about this is your fault. I am deeply, deeply sorry that this is happening to you. If you were to go to your parents, would you be in danger from them? Also- you said the relationship is partly long distance. Did he threaten you in person, over the phone, or by text? If it’s in writing, (and you’re able to) I would sit down with your parents and tell them your boyfriend is threatening to release these, that you need help, and that you want to go to the police. | 0 | 2,993 | 4.5 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frb1x3s | frayo15 | 1,590,030,930 | 1,590,028,959 | 549 | 57 | So: not a lawyer, not legal advice, yada yada. So he’s not only threatening to release child porn, he’s blackmailing you into staying in a relationship with him. Depending on what ‘staying in a relationship’ means, it could very well be sexual assault as well. These are actual crimes that he is committing against you. I get not wanting to tell your parents. I can’t imagine how trapped, betrayed, and upset you must feel right now. But your “boyfriend” is abusing you. He’s holding something over your head to keep you compliant, doing what he wants. He doesn’t care about you, he just wants to control you. Nothing about this is your fault. I am deeply, deeply sorry that this is happening to you. If you were to go to your parents, would you be in danger from them? Also- you said the relationship is partly long distance. Did he threaten you in person, over the phone, or by text? If it’s in writing, (and you’re able to) I would sit down with your parents and tell them your boyfriend is threatening to release these, that you need help, and that you want to go to the police. | If he does, he’s screwed. And not in a good way. Ditch his ass. | 1 | 1,971 | 9.631579 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frb3lcd | frbxj8o | 1,590,031,995 | 1,590,058,690 | 23 | 34 | Have you made it very clear to him that 1, possession of your bides is legally considered child pornography, and 2, that if they are leaked (which he has threatened to do in writing!) you will immediately go to the police? You might be able to just scare him out of it, especially since he’s already implicated himself in writing | Besides the child porn, and blackmail already mentioned. Doesn't this potentially qualify as "revenge porn" too? | 0 | 26,695 | 1.478261 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbxj8o | frbd2dp | 1,590,058,690 | 1,590,038,903 | 34 | 13 | Besides the child porn, and blackmail already mentioned. Doesn't this potentially qualify as "revenge porn" too? | Forget all these people telling you how bad it would be if he released them. Call the damn cops and they’ll delete them FOR you! If CA is anything like FL the mere possession of child porn is illegal and a felony. If you show the cops his messages saying he will release them that should be enough to get a search warrant for his phone. If your pics are on there, he’s already looking at charges. He will have a lot more problems to deal with than trying to manipulate you. | 1 | 19,787 | 2.615385 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbhehj | frbxj8o | 1,590,042,739 | 1,590,058,690 | 13 | 34 | Please tell your parents, or an adult you have a great relation and trust. You are going to need support. You cant do this alone. What this guy is doing is illegal. He is blackmailing you, and like others said, he will force you to do other things against your will. You can't live like this. You need to consult the police. Gather as much evidence as you can. Record converstions, text, everything. He leaks those pictures, he is in trouble with the law. He may not do it, but you are not going to wonder if he does it or not. Also, I hope his parents have common sense, and see how f/u their son is once they find out. | Besides the child porn, and blackmail already mentioned. Doesn't this potentially qualify as "revenge porn" too? | 0 | 15,951 | 2.615385 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbu5te | frbxj8o | 1,590,055,387 | 1,590,058,690 | 4 | 34 | I am not a lawyer but if he leaks those nudes he can get in serious trouble because you are a minor. Realistically he'll get in more trouble than you would because he'd be showing child porn AND revenge porn. Both are illegal (first DEFINITELY is) afaik depending on your state's laws. I have to say this but, don't send nudes to guys. You're giving them ammunition every time you do. I get that you want to send them something nice and feel obligated because they're your boyfriend, but no matter your age, that has the potential to MASSIVELY backfire in your face. Anything you send them could end up online forever. | Besides the child porn, and blackmail already mentioned. Doesn't this potentially qualify as "revenge porn" too? | 0 | 3,303 | 8.5 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbg43v | frbxj8o | 1,590,041,586 | 1,590,058,690 | 3 | 34 | It also sounds like revenge porn and that's no ok. Depends on where you are you might be able to ask a lawyer for a free consultation.im so sorry you are going through this I've had to deal with revenge porn before | Besides the child porn, and blackmail already mentioned. Doesn't this potentially qualify as "revenge porn" too? | 0 | 17,104 | 11.333333 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbg43v | frbhehj | 1,590,041,586 | 1,590,042,739 | 3 | 13 | It also sounds like revenge porn and that's no ok. Depends on where you are you might be able to ask a lawyer for a free consultation.im so sorry you are going through this I've had to deal with revenge porn before | Please tell your parents, or an adult you have a great relation and trust. You are going to need support. You cant do this alone. What this guy is doing is illegal. He is blackmailing you, and like others said, he will force you to do other things against your will. You can't live like this. You need to consult the police. Gather as much evidence as you can. Record converstions, text, everything. He leaks those pictures, he is in trouble with the law. He may not do it, but you are not going to wonder if he does it or not. Also, I hope his parents have common sense, and see how f/u their son is once they find out. | 0 | 1,153 | 4.333333 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbu5te | frd9trs | 1,590,055,387 | 1,590,086,166 | 4 | 8 | I am not a lawyer but if he leaks those nudes he can get in serious trouble because you are a minor. Realistically he'll get in more trouble than you would because he'd be showing child porn AND revenge porn. Both are illegal (first DEFINITELY is) afaik depending on your state's laws. I have to say this but, don't send nudes to guys. You're giving them ammunition every time you do. I get that you want to send them something nice and feel obligated because they're your boyfriend, but no matter your age, that has the potential to MASSIVELY backfire in your face. Anything you send them could end up online forever. | Sextortion of minors is investigated by the FBI. https://www.fbi.gov/file-repository/sextortion-brochure.pdf/view | 0 | 30,779 | 2 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbg43v | frd9trs | 1,590,041,586 | 1,590,086,166 | 3 | 8 | It also sounds like revenge porn and that's no ok. Depends on where you are you might be able to ask a lawyer for a free consultation.im so sorry you are going through this I've had to deal with revenge porn before | Sextortion of minors is investigated by the FBI. https://www.fbi.gov/file-repository/sextortion-brochure.pdf/view | 0 | 44,580 | 2.666667 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frc8hxc | frd9trs | 1,590,067,124 | 1,590,086,166 | 3 | 8 | A couple of things here, not a lawyer, but a privacy professional. California has specific laws against "revenge porn" which is what this would be. If he released this content, and he is the only that has it, you have a almost open and shut case against him. He would be looking at jail time. Next, he is literally extorting you, or blackmailing you. Again, this is illegal. If you have texts or anything from him where he states this, save it. It is evidence of his, frankly, incredibly bad faith action towards you. Finally, you were 16, that makes it child porn, which as you can imagine the FBI frowns upon. Collect all the information of your interactions with him, such as texts, chat logs, phone logs, whatever you can get, and keep it in a safe place. You do not need to get the authorities involved right away. I would tell him everything above. Being totally honest, yea, it sucks to have photos leaked and it is embarrassing, but you know what is a lot worse? Going to federal prison for a minimum of 15 years. Also, it doesn't matter the context, he will be "the child porn guy" for the rest of his life. Tell him to back off, and if he persists, go straight to the FBI with all the information. If someone says "you ruined his life" or some other BS like that, remember he did of his own volition and you simply acted accordingly. I hope get away from this toxic individual. | Sextortion of minors is investigated by the FBI. https://www.fbi.gov/file-repository/sextortion-brochure.pdf/view | 0 | 19,042 | 2.666667 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frccyd8 | frd9trs | 1,590,069,747 | 1,590,086,166 | 3 | 8 | People here are telling you to get a lawyer and the police as if that’s easy for a 16 year old to do. The fact of the matter is that is it sexual abuse and manipulation. It’s not an easy decision to make and I’m sure there are things out there, hotlines or what have you, that try to help girls in your situation. But it really does boil down to you having to talk to your parents. This is the kind of situation that you have to choose between the embarrassment of the conversation and potential blackmail and abuse for a long time to come. If he does post your pictures anywhere then he will be in A LOT of trouble, but he doesn’t see that because he’s a 16 year old boy. The best thing for you to do is also the hardest thing, or at least the most inconvenient for you, but your parents can go get involved with the police if they choose to. As for the future, I think you should explain to your parents that it was a mistake, a laps in judgment on your part, sending him anything. Of course he was your boyfriend so of course you two were passionate together, but your parents might still loose a bit of trust, which sadly you’ll have to try and gain back. But again it’s where you have to choose, potential life long abuse or very short embarrassment and distrust? | Sextortion of minors is investigated by the FBI. https://www.fbi.gov/file-repository/sextortion-brochure.pdf/view | 0 | 16,419 | 2.666667 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frcdwy9 | frd9trs | 1,590,070,289 | 1,590,086,166 | 3 | 8 | Just tell your parents. I get it. Trust me I do. But I wish I had told my parents when I was being abused and blackmailed. Unless they are super religious or something, they will do everything in their power to protect you. | Sextortion of minors is investigated by the FBI. https://www.fbi.gov/file-repository/sextortion-brochure.pdf/view | 0 | 15,877 | 2.666667 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frd9trs | frcjku7 | 1,590,086,166 | 1,590,073,301 | 8 | 2 | Sextortion of minors is investigated by the FBI. https://www.fbi.gov/file-repository/sextortion-brochure.pdf/view | First off Not a lawyer To sum up the majority of what I’ve read here your shitty excuse of a bf sent those threats over text and has incriminated himself for blackmail, revenge porn, distribution of child porn, and extortion. He sent those to you via text which is good (however you need to be able to prove it was indeed him on the other end of the phone, which in it of itself shouldn’t be to hard). The best way to deal with this is to tell your paren so they can get the police involved easier and possibly a lawyer if necessary (I say tell your parents because you doing so yourself is not an easy task bc you are a minor). Not only that but your parents and anyone who cares about you in any capacity are there to help you, they shouldn’t judge you for mistakes you have made and won’t hold this over your head. However one person here I did see made a decent point in that you are not immune to the law either. Since I’m assuming the nudes sent were you taking the photos and sending you could potentially be charged with production and distribution of child pornography (however the chances of this happening are super small, and even if this does happen the most that would happen is a slap on the wrist). This is shitty, but it’s the reality of it. However you shouldn’t worry about this as authorities are going to be paying most if not all their attention at the bf for all that he is threatening to do. Best course is to get your parents involved asap then go to the police station and file a report with them. Police will take you more seriously if your parents are with you (again, you are not a legal adult so getting this solved by yourself is almost, if not impossible). I hope everything works out well for you as this has to be very scary to do however as scary as it is to even tell your parents it has to be done or this will potentially follow you forever. I wish you the best of luck. | 1 | 12,865 | 4 |
gnof48 | legaladvice_train | 0.92 | My Ex Boyfriend (16) is threatening to leak my (16) nudes if we don't continue our relationship. (CA). For some backstory, we had met off Omegle and it had turned out we lived not too far from each other. We had a relationship going on (which was of slight long distance). After we broke up, he has been threatening to leak my nudes and he's forcing me to continue being in a relationship with him (which I was forced to stay in). I don't want to tell my parents for obvious reasons, however, is there a specific procedure for this sort of thing? | frbu5te | frbg43v | 1,590,055,387 | 1,590,041,586 | 4 | 3 | I am not a lawyer but if he leaks those nudes he can get in serious trouble because you are a minor. Realistically he'll get in more trouble than you would because he'd be showing child porn AND revenge porn. Both are illegal (first DEFINITELY is) afaik depending on your state's laws. I have to say this but, don't send nudes to guys. You're giving them ammunition every time you do. I get that you want to send them something nice and feel obligated because they're your boyfriend, but no matter your age, that has the potential to MASSIVELY backfire in your face. Anything you send them could end up online forever. | It also sounds like revenge porn and that's no ok. Depends on where you are you might be able to ask a lawyer for a free consultation.im so sorry you are going through this I've had to deal with revenge porn before | 1 | 13,801 | 1.333333 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcq1l24 | hcq2ws3 | 1,631,558,758 | 1,631,559,298 | 377 | 751 | You need to contact a real estate attorney and fix this asap. Looks like Ohio still has some eviction moratorium in place, and getting this person out could be a bigger issue than you signed up for. Contact your realtor today. | Your contract that let her stay for those 30 days almost certainly contains a clause outlining the penalties for holdovers. If you used a real estate attorney for closing, contact them. Otherwise, consider consulting one, especially if you don't think she is actually planning to leave soon. | 0 | 540 | 1.992042 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcpnp2s | hcq2ws3 | 1,631,553,053 | 1,631,559,298 | 116 | 751 | Not a lawyer, I would suggest that she pays for your accommodations until the 20th and you charge her rent for the 4 days she remains in the home. | Your contract that let her stay for those 30 days almost certainly contains a clause outlining the penalties for holdovers. If you used a real estate attorney for closing, contact them. Otherwise, consider consulting one, especially if you don't think she is actually planning to leave soon. | 0 | 6,245 | 6.474138 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcq2ws3 | hcpz7u8 | 1,631,559,298 | 1,631,557,791 | 751 | 4 | Your contract that let her stay for those 30 days almost certainly contains a clause outlining the penalties for holdovers. If you used a real estate attorney for closing, contact them. Otherwise, consider consulting one, especially if you don't think she is actually planning to leave soon. | This may be slightly outside of their normal duties, but have you contacted your title company? | 1 | 1,507 | 187.75 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcq1l24 | hcpnp2s | 1,631,558,758 | 1,631,553,053 | 377 | 116 | You need to contact a real estate attorney and fix this asap. Looks like Ohio still has some eviction moratorium in place, and getting this person out could be a bigger issue than you signed up for. Contact your realtor today. | Not a lawyer, I would suggest that she pays for your accommodations until the 20th and you charge her rent for the 4 days she remains in the home. | 1 | 5,705 | 3.25 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcq1l24 | hcpz7u8 | 1,631,558,758 | 1,631,557,791 | 377 | 4 | You need to contact a real estate attorney and fix this asap. Looks like Ohio still has some eviction moratorium in place, and getting this person out could be a bigger issue than you signed up for. Contact your realtor today. | This may be slightly outside of their normal duties, but have you contacted your title company? | 1 | 967 | 94.25 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcrqaey | hcpnp2s | 1,631,585,321 | 1,631,553,053 | 157 | 116 | I know people have suggested looking at the holdover clause of your sale, but I suggest a different tack. If it's only going to be 4-7 days, consider pointing out the holdover clause, but making an offer to just have her cover your costs. That would make it more likely you can avoid an adversarial showdown, where most outcomes end up with you taking damages that either aren't worth pursuing legally, or end up being long and drawn out. You don't want to create a renter situation in any way, shape, or form if you can avoid it. If she truly does have COVID, no one's going to move her anyway. It's also unlikely a court would grant an eviction in such a short time frame - even if you managed to get in front of a court, a judge would likely give her some grace time. Playing hardball simply has a lot more ways to backfire than to help you. | Not a lawyer, I would suggest that she pays for your accommodations until the 20th and you charge her rent for the 4 days she remains in the home. | 1 | 32,268 | 1.353448 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcr2iyy | hcrqaey | 1,631,574,329 | 1,631,585,321 | 20 | 157 | You need an amendment to your contract where she agrees to pay you rent for each day she remains in the house and also to compensate you for the hotel expenses you incur as a result. The money will go to you at settlement to be paid from the seller proceeds. | I know people have suggested looking at the holdover clause of your sale, but I suggest a different tack. If it's only going to be 4-7 days, consider pointing out the holdover clause, but making an offer to just have her cover your costs. That would make it more likely you can avoid an adversarial showdown, where most outcomes end up with you taking damages that either aren't worth pursuing legally, or end up being long and drawn out. You don't want to create a renter situation in any way, shape, or form if you can avoid it. If she truly does have COVID, no one's going to move her anyway. It's also unlikely a court would grant an eviction in such a short time frame - even if you managed to get in front of a court, a judge would likely give her some grace time. Playing hardball simply has a lot more ways to backfire than to help you. | 0 | 10,992 | 7.85 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcqdkuz | hcrqaey | 1,631,563,599 | 1,631,585,321 | 17 | 157 | You can't kick her out, you'll have to evict her, if she doesn't leave voluntarily. Could take months in some areas. Might be better to try to negotiate with her. You'll have to sue her for your additional costs if she doesn't willingly pay them. | I know people have suggested looking at the holdover clause of your sale, but I suggest a different tack. If it's only going to be 4-7 days, consider pointing out the holdover clause, but making an offer to just have her cover your costs. That would make it more likely you can avoid an adversarial showdown, where most outcomes end up with you taking damages that either aren't worth pursuing legally, or end up being long and drawn out. You don't want to create a renter situation in any way, shape, or form if you can avoid it. If she truly does have COVID, no one's going to move her anyway. It's also unlikely a court would grant an eviction in such a short time frame - even if you managed to get in front of a court, a judge would likely give her some grace time. Playing hardball simply has a lot more ways to backfire than to help you. | 0 | 21,722 | 9.235294 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcpz7u8 | hcrqaey | 1,631,557,791 | 1,631,585,321 | 4 | 157 | This may be slightly outside of their normal duties, but have you contacted your title company? | I know people have suggested looking at the holdover clause of your sale, but I suggest a different tack. If it's only going to be 4-7 days, consider pointing out the holdover clause, but making an offer to just have her cover your costs. That would make it more likely you can avoid an adversarial showdown, where most outcomes end up with you taking damages that either aren't worth pursuing legally, or end up being long and drawn out. You don't want to create a renter situation in any way, shape, or form if you can avoid it. If she truly does have COVID, no one's going to move her anyway. It's also unlikely a court would grant an eviction in such a short time frame - even if you managed to get in front of a court, a judge would likely give her some grace time. Playing hardball simply has a lot more ways to backfire than to help you. | 0 | 27,530 | 39.25 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcr2iyy | hcrz086 | 1,631,574,329 | 1,631,589,447 | 20 | 55 | You need an amendment to your contract where she agrees to pay you rent for each day she remains in the house and also to compensate you for the hotel expenses you incur as a result. The money will go to you at settlement to be paid from the seller proceeds. | It sounds as if the OP has already closed the sale, so he owns the home now and has already exchanged funds with the seller. I bought a home in SC a few years ago and the seller needed to stay in the home for a month. I was concerned about becoming a landlord and being responsible for my “tenant” falling down the stairs and suing me for defects in “my” house (the one I hadn’t moved into yet…), so was reluctant to do the holdover. I expressed this concern to my realtor and closing attorney and they pointed me towards SC law that expressly excluded a hold over situation from landlord/tenant laws. Agree that your closing attorney is the only one best suited to answer this question. | 0 | 15,118 | 2.75 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcrz086 | hcqdkuz | 1,631,589,447 | 1,631,563,599 | 55 | 17 | It sounds as if the OP has already closed the sale, so he owns the home now and has already exchanged funds with the seller. I bought a home in SC a few years ago and the seller needed to stay in the home for a month. I was concerned about becoming a landlord and being responsible for my “tenant” falling down the stairs and suing me for defects in “my” house (the one I hadn’t moved into yet…), so was reluctant to do the holdover. I expressed this concern to my realtor and closing attorney and they pointed me towards SC law that expressly excluded a hold over situation from landlord/tenant laws. Agree that your closing attorney is the only one best suited to answer this question. | You can't kick her out, you'll have to evict her, if she doesn't leave voluntarily. Could take months in some areas. Might be better to try to negotiate with her. You'll have to sue her for your additional costs if she doesn't willingly pay them. | 1 | 25,848 | 3.235294 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcrz086 | hcpz7u8 | 1,631,589,447 | 1,631,557,791 | 55 | 4 | It sounds as if the OP has already closed the sale, so he owns the home now and has already exchanged funds with the seller. I bought a home in SC a few years ago and the seller needed to stay in the home for a month. I was concerned about becoming a landlord and being responsible for my “tenant” falling down the stairs and suing me for defects in “my” house (the one I hadn’t moved into yet…), so was reluctant to do the holdover. I expressed this concern to my realtor and closing attorney and they pointed me towards SC law that expressly excluded a hold over situation from landlord/tenant laws. Agree that your closing attorney is the only one best suited to answer this question. | This may be slightly outside of their normal duties, but have you contacted your title company? | 1 | 31,656 | 13.75 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcr2iyy | hcqdkuz | 1,631,574,329 | 1,631,563,599 | 20 | 17 | You need an amendment to your contract where she agrees to pay you rent for each day she remains in the house and also to compensate you for the hotel expenses you incur as a result. The money will go to you at settlement to be paid from the seller proceeds. | You can't kick her out, you'll have to evict her, if she doesn't leave voluntarily. Could take months in some areas. Might be better to try to negotiate with her. You'll have to sue her for your additional costs if she doesn't willingly pay them. | 1 | 10,730 | 1.176471 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcpz7u8 | hcr2iyy | 1,631,557,791 | 1,631,574,329 | 4 | 20 | This may be slightly outside of their normal duties, but have you contacted your title company? | You need an amendment to your contract where she agrees to pay you rent for each day she remains in the house and also to compensate you for the hotel expenses you incur as a result. The money will go to you at settlement to be paid from the seller proceeds. | 0 | 16,538 | 5 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcpz7u8 | hcqdkuz | 1,631,557,791 | 1,631,563,599 | 4 | 17 | This may be slightly outside of their normal duties, but have you contacted your title company? | You can't kick her out, you'll have to evict her, if she doesn't leave voluntarily. Could take months in some areas. Might be better to try to negotiate with her. You'll have to sue her for your additional costs if she doesn't willingly pay them. | 0 | 5,808 | 4.25 |
pnjfph | legaladvice_train | 0.95 | Wife and I closed on a home, now a week before we are to move in the previous owner states she has covid and can't move out yet. What can we do? More info in post. Ohio, USA ​ My wife and I closed on Aug 16th on our home, with the stipulation that it would be 30 days before we could move in since the owner was selling the home but didn't have one to move into yet. Signed the contract, exchanged numbers, badda bing badda boom. Halfway through the 30 days we contact her just to get the utilities figured out, like who she used/preferred and whatnot, also asked if she had found a place which she had and was just about to close on it. On the 9th, we figured we werent going to be getting into the house sooner than Sept 16th so that's what we set up all our appointments and deliveries for. The very next day, she calls my wife stating that she has covid and has to quarantine so she may need to be there until about the 20th, stating the moving men can't get her stuff out of the house and into her new condo because of it. ​ My wife and I don't have a home/apartment, we are currently staying in an expensive, absolutely ghetto extended stay because it's the only one that allows pets. She has had a month to get all of this in order, I know you can't help getting sick, but come the 16th that house is OURS. Why do we have to eat even more costs of staying in this extended stay while she would have two homes? What can we do? Do we have legal rights to kick her out? Make her pay for our hotel costs from the 16th to whenever she gets out? | hcsgzgn | hcpz7u8 | 1,631,600,278 | 1,631,557,791 | 8 | 4 | Not a lawyer but just wanted to point out that her reasoning doesn't make a lot of sense, maybe. Moving companies are considered essential and operated even during the initial lockdowns last year. It's possible to arrange the pickup of her belongings virtually, hire a team of fully vaccinated movers, ask them to wear gloves and mask up, and then confine herself to one room while they come in and remove all her things (she should have already packed them up if she's serious, right?) to the new place. | This may be slightly outside of their normal duties, but have you contacted your title company? | 1 | 42,487 | 2 |
vo6ggm | legaladvice_train | 0.95 | [Wisconsin] Previous home owner swapped out washer with a poorly working one after our final walkthrough. As the title states, I have just purchased home. My real-estate agent informed me after the purchase the seller would be taking the washer and replacing with a unit that works. I verbally agreed to this but this was never put into writing. Our buyers agreement states we would be getting the original washer. The original washer was still there during our inspection and final walkthrough. After the final walkthrough, the buyer switched out the unit to one that does not work well at all. It is very old and the agitation is very slow. It wasn't able to get dust off my microfiber cloths. Our real-estate agents have been less responsive since we have closed. I'm not sure what my options are now that we have closed. I feel misled. | iec2csc | iebqzv4 | 1,656,605,840 | 1,656,601,329 | 254 | 69 | I’m not a lawyer. It’s my understanding that the entire contract for sale of real property must be in writing, not verbal. You could demand your agent inform the sellers they need to pay for a comparable functioning washer and see what happens. | Was the swapped washer actually the original? (And they just saved it to put it back when they moved so they could take the better one tbey purchased.) Since you did a verbal mod, you can see if your contract has a clause saying only written mods are allowed, but since it's *just* a washer, it'll be cheaper to just get a new washer at this point. | 1 | 4,511 | 3.681159 |
vo6ggm | legaladvice_train | 0.95 | [Wisconsin] Previous home owner swapped out washer with a poorly working one after our final walkthrough. As the title states, I have just purchased home. My real-estate agent informed me after the purchase the seller would be taking the washer and replacing with a unit that works. I verbally agreed to this but this was never put into writing. Our buyers agreement states we would be getting the original washer. The original washer was still there during our inspection and final walkthrough. After the final walkthrough, the buyer switched out the unit to one that does not work well at all. It is very old and the agitation is very slow. It wasn't able to get dust off my microfiber cloths. Our real-estate agents have been less responsive since we have closed. I'm not sure what my options are now that we have closed. I feel misled. | iec2csc | iebddxs | 1,656,605,840 | 1,656,595,525 | 254 | 46 | I’m not a lawyer. It’s my understanding that the entire contract for sale of real property must be in writing, not verbal. You could demand your agent inform the sellers they need to pay for a comparable functioning washer and see what happens. | Talk to your lawyer. While it may not be worth spending money on legal fees, they may be able to get it resolved with a phone call. | 1 | 10,315 | 5.521739 |
vo6ggm | legaladvice_train | 0.95 | [Wisconsin] Previous home owner swapped out washer with a poorly working one after our final walkthrough. As the title states, I have just purchased home. My real-estate agent informed me after the purchase the seller would be taking the washer and replacing with a unit that works. I verbally agreed to this but this was never put into writing. Our buyers agreement states we would be getting the original washer. The original washer was still there during our inspection and final walkthrough. After the final walkthrough, the buyer switched out the unit to one that does not work well at all. It is very old and the agitation is very slow. It wasn't able to get dust off my microfiber cloths. Our real-estate agents have been less responsive since we have closed. I'm not sure what my options are now that we have closed. I feel misled. | iebqzv4 | iebddxs | 1,656,601,329 | 1,656,595,525 | 69 | 46 | Was the swapped washer actually the original? (And they just saved it to put it back when they moved so they could take the better one tbey purchased.) Since you did a verbal mod, you can see if your contract has a clause saying only written mods are allowed, but since it's *just* a washer, it'll be cheaper to just get a new washer at this point. | Talk to your lawyer. While it may not be worth spending money on legal fees, they may be able to get it resolved with a phone call. | 1 | 5,804 | 1.5 |
r35jyk | legaladvice_train | 0.92 | Landlord threatened to sue us for ending lease early. The first section of our lease agreement is about how to end the lease early and we are following it to the letter. (Ohio) My roommate and I are trying to end our lease early. The agreement we signed states that we can do so so long as we have lived in the apartment and paid rent for 5 months, give at least 60 days notice, and agree to forfeit our security deposit/pay for any damages to the apartment. We have lived there for 6 months and never missed a payment, told the property management company 80 days in advance, and agreed to forfeit the deposit. Our apartment hasn't been damaged in any way. When we went in to tell the property management company, they pulled out the lease agreement and reiterated all of the above and agreed that we were following it. We were sure to send a follow-up email to get a confirmable date of when we gave notice. Weeks go by, and the actual owner of the building corners us while we are taking out trash one day (note: he does not live in the building so he drove over to confront us). Within minutes he is shouting at us (neighbors can confirm) calling us names, insulting our intelligence, and saying he "is going to make our lives miserable" if we go through with this. Says we are breaking Ohio state law and will be on the hook for the remaining 2 months of rent. Says he's taken "thousands" of tenants to court and won, and it doesn't matter whats in the lease agreement or that the property management company said we could. I really really wish we got this on a recording. Immediately afterwards he calls the management company saying he made a mistake, and explains what happened to them. We call the management company also to explain what happened, they said they knew and apologized for his unacceptable behavior and reiterate that what we are doing is okay. First question: if this mad lad actually goes through with his threat, are we good? Second question: is this landlord coercion/harassment? It seems like a landlord is trying to flex his resources and litigious nature in order to prevent us from doing something both the lease agreement we signed and the property management company agreed we are allowed to do. Idk seems actionable Third question: Say he's right, and it is actually illegal no matter what to end our lease when we want to end it, does that mean our lease agreement that we and all the other tenants signed breaks the law? Thanks for reading, and for any advice you might have!! | hmbe16d | hmajxnz | 1,638,045,623 | 1,638,033,087 | 4 | 3 | Breaking a lease is never going to be "illegal" AFAIK. A lease is a contract, and like all contracts, disputes will be settled in civil, not criminal, court. He's blowing smoke. | Make sure to take video/pictures of entire apartment to show no damages in case landlord tries to break stuff and charge you for it after you’re gone! | 1 | 12,536 | 1.333333 |
ywz87i | legaladvice_train | 0.86 | Old landlord threatening to sue for defamation My wife and I just bought a house. Once we paid our old landlord what we owed for repairs (she didn't like that we replaced the white drapes with white drapes) my wife left a review of the units and in her review stated that the landlord was often rude on the phone and we never had a positive interaction with her. Today she calls and threatens to take us to court for defamation of character unless the review gets taken down. Can she do this? Does she have a legal foot to stand on or is she getting laughed out of court? | iwlzmfk | iwm1wco | 1,668,618,291 | 1,668,619,223 | 20 | 42 | > is she getting laughed out of court It won't even go to court unless she has thousands and thousands of dollars to burn. Ignore her unless you're actually served. | Update the review to mention this latest threat and then ignore her. She won't actually sue but IF she does you need to respond and show up. Opinions aren't generally considered to be defamation because (to use your example) everybody's definition of "rude" can be different. | 0 | 932 | 2.1 |
ywz87i | legaladvice_train | 0.86 | Old landlord threatening to sue for defamation My wife and I just bought a house. Once we paid our old landlord what we owed for repairs (she didn't like that we replaced the white drapes with white drapes) my wife left a review of the units and in her review stated that the landlord was often rude on the phone and we never had a positive interaction with her. Today she calls and threatens to take us to court for defamation of character unless the review gets taken down. Can she do this? Does she have a legal foot to stand on or is she getting laughed out of court? | iwm1wco | iwm0kfx | 1,668,619,223 | 1,668,618,679 | 42 | 10 | Update the review to mention this latest threat and then ignore her. She won't actually sue but IF she does you need to respond and show up. Opinions aren't generally considered to be defamation because (to use your example) everybody's definition of "rude" can be different. | Ignore until you’re served, but keep that review up and tell her to go fry ice | 1 | 544 | 4.2 |
30v7pb | legaladvice_train | 0.82 | [MI,US] Landlord withheld security deposit for 5 1/2 months. Sent a check for only half the deposit once we filed small claims. So we filed a subpoena. Now he's threatening to sue US if we don't drop the suit. **Backstory**: My old roommates and I moved into a house that was badly damaged by the previous tenants. Prior to moving in, the landlord stated he would have the house ready within a couple weeks. We paid the security deposit ($1000) in full and had the expectations that we would have a clean, well repaired home. When we moved in, little work had been done. Paint was peeling from the kitchen ceiling, grease all over the cupboards, mice, upstairs had wet paint on the floors(!?), couches and junk from the previous tenants in the basement, etc. Because we were in a bind, we noted the damages on the move in checklist with hopes that they would be handled ASAP. Unfortunately, he never repaired anything; even after dozens of phone calls and emails. The only time we heard from him was when rent was due or he had a "repair guy coming by to give him an estimate." Shame on us for staying a whole year with this such a horrible landlord. **Fast forward,** we moved out on August 31st 2014, sent him our forwarding addresses, move out checklist, etc. After 30 days, I emailed him about receiving the deposit and he said he was waiting on the water bill to get a final assessment. First off, I didn't think it was lawful to withhold the security past the 30 days regardless of waiting on a utility bill to come through. After a week, I emailed again and didn't receive a response. Days, weeks, and months passed and after countless unanswered phone calls and emails, we filed for small claims to get the deposit. Certified mail was sent to him but he never accepted. Waiting for our hearing to come, we received a letter in the mail on February 18, 2015 and enclosed was a check for only half the amount of the security deposit. He wrote in the letter a list of completely bogus damages and costs to repair including $200 to paint the living room and kitchen due to grease and furniture scuffs, and a $100 fee for time and dumping the junk left by the previous tenants. Because he was so far outside the 30 days for returning the deposit and the fact that we had the balls to only give back half, we decided not to cash the check yet and file a subpoena for 1.5 times the deposit ($1,500). Well, apparently he didn't like that and EMAILED us saying: 1) he gave us back the deposit, 2) the amount was fair, 3) if we did not drop the suit, he would sue us for lost potential rents on his side. He said no one wanted to possibly rent the house because of the condition of which it was in; which was exactly the same as when we moved in. He said he would sue for $2000 to cover the potential lost rent. HOWEVER, we know the current tenants through a friend of a friend and they moved into the house in OCTOBER, only one month after we moved out. We feel that we have the strong hand in the lawsuit but I want to be positive that we are going to win and there aren't going to be any negative consequences for us. For obvious reasons, we wish to stay anonymous. Any advice or help is greatly appreciated. I don't want this guy screwing over the next tenants or anyone else. | cpw7312 | cpw3j73 | 1,427,765,559 | 1,427,759,730 | 22 | 6 | My husband and I sued our former landlord and he also threatened us (and followed through) with a ridiculous countersuit. The judge literally didn't even address his countersuit... everyone there knew he was full of shit. It just made him look like more of an asshole since it was obvious that he was trying to intimidate us into dropping the case. | Not a lawyer. Just popping in to say your landlord is a dick eater. I could have a trailer of crap delivered to his residence if you say the word | 1 | 5,829 | 3.666667 |
jxszvy | legaladvice_train | 0.83 | My dog was attacked by a pitbull in my apartment complex. Can I take her to small claims court for the vet bills? GA A couple days ago, I was standing a few feet away from the elevator in my apartment complex to head back after walking my dog. My dog was sitting and also on leash. The elevator doors opened and 3 children were with a pitbull (who was on a leash). As soon as they stepped off the elevator their dog lunged at mine (without warning and completely unprovoked) and bit him in the face. He needed to be taken to the emergency vet and had 10 stitches put in. Her dog was uninjured. After meeting with the owner and explaining what happened, she believes that I am negligent for standing where I was and that she is not at fault. I believe that she was being negligent by letting her children walk their dangerous dog around an apartment complex and that she could cover all the vet bills. Do I have a case here and if so, a good chance at winning? Additional info: - there is no camera footage of the actual incident but there is time stamped footage of them and us leaving the area including a literal trail of blood left by our dog, so I don’t think she can claim that it wasn’t her dog / kids who were involved - we know the apartment complex she lives in but not the actual apartment number which we need to sue her, so any info on how to obtain that would be helpful! - this is in the state of US state of Georgia - we have reported this to the apartment complex and they said they will not be renewing their lease because of this so I suppose that is a win, but we would really like her to pay the vet bill too | gczcbbi | gczozvb | 1,605,907,046 | 1,605,913,617 | 3 | 5 | File a report on the homeowners insurance for the dog attack. Many insurances will ban specific breeds like a pit bull. Not a lawyer just know some things about insurance. | Hire a process server... very cheap and effective. | 0 | 6,571 | 1.666667 |
9sespj | legaladvice_train | 0.94 | Neighbor shot my dog. Claims my dog was pairing up with coyotes and attacked her dog on their property after escaping my fence. Do I have any legal recourse available for the killing of my dog? And am I able to refute her claims as more than one dog is mentioned in the attack? My dog escaped my fence shortly after I left for work on October 8th. According to my neighbor's story, my dog had "paired up" with coyotes running around the neighborhood. We live in a very rural area of SoCal desert areas. She claims that 3 dogs, she thought were coyotes, charged and attacked her maltese dog. Apparently only one was actually engaging with her dog as the others stood around. She said she kept pulling on her dogs retractable leash while her dog was in the mouth of one of these dogs. She yelled for her husband and he rushed outside. This supposedly spooked the dogs and they dropped her dog. She was able to take herself and her dogs safely back inside her house. Her husband went inside to get his gun and came back outside. She claims he shot at one of the dogs because they would not leave. She says he shot one in the shoulder first, and then in the head to "put her out of her misery". She says this is when they discovered her bright red collar. They then drug her dead body to the bushes on their property. They preceeded to take their dog to the vet office near by, who then told them to seek care at another vet because the injuries were to severe. They were able to come back to their home, pack, and then drive 3 hours to a vet office close to their actual home. This lady is now wanting me to pay her large vet bill, when I'm not even sure my dog was responsible for the injuries. The lady said she didnt see a collar when her dog was being attacked. The above details were copied from a signed, written statement from the woman. What actions can I take? Do I have a chance at fighting the bills because I'm not sure my dog was responsible for the injuries? Was it legal to shoot my dog after the situation was under control? | e8om37l | e8ormf2 | 1,540,843,837 | 1,540,848,263 | 22 | 44 | I'm sorry, but I find her story plausible. It's very common for dogs that routinely free-roam to form "packs" with other neighborhood dogs, possibly stray or feral. Dogs behave much more aggressively and dangerously in groups. It's highly unlikely that your dog was "pairing up" with coyotes, because the coyotes would have eaten your dog, but that's not what she said; she claims that she mistook this pack of animals for a pack of coyotes. This doesn't matter legally. Your dog was loose, on her property and attacked her dog. She is legally entitled to shoot dangerous and aggressive animals on her property. Almost every judge is going to agree that it was 'legal to shoot [your] dog after the situation was under control" - because your dog was on her property, your dog was clearly vicious because it had attacked her dog. No judge is going to agree that you need to let vicious dogs hang around your house after they attack because they are finished attacking. She does not have to wait and see if it poses any further danger to her, her husband or her dog. You are likely responsible for her veterinary bills, unless perhaps other negligent owners of the dogs who assisted in the attack can be determined, then you could split costs. You should speak to a lawyer. Your options are; 1) come to a reasonable settlement out of court or 2) wait to see if she pursues you for damages and hope that you can reach a reasonable settlement with the judge. You also need to speak with a lawyer regarding possible charges the county or animal control may entertain given that your dog was aggressive and loose. | This person is giving you a statement that not only absolves her of any responsibility or consequences for her actions, but blames you and assigns financial blame to you when you can't prove it. No you absolutely shouldn't take her at face value and consider other actions, including evaluating this with a lawyer. > signed, written statement Signed as in notarized, with legal backing behind it as a sworn statement or anything like that? Or she wrote something herself and just signed it? Because the second one doesn't mean anything except to try to scare you off. | 0 | 4,426 | 2 |
9sespj | legaladvice_train | 0.94 | Neighbor shot my dog. Claims my dog was pairing up with coyotes and attacked her dog on their property after escaping my fence. Do I have any legal recourse available for the killing of my dog? And am I able to refute her claims as more than one dog is mentioned in the attack? My dog escaped my fence shortly after I left for work on October 8th. According to my neighbor's story, my dog had "paired up" with coyotes running around the neighborhood. We live in a very rural area of SoCal desert areas. She claims that 3 dogs, she thought were coyotes, charged and attacked her maltese dog. Apparently only one was actually engaging with her dog as the others stood around. She said she kept pulling on her dogs retractable leash while her dog was in the mouth of one of these dogs. She yelled for her husband and he rushed outside. This supposedly spooked the dogs and they dropped her dog. She was able to take herself and her dogs safely back inside her house. Her husband went inside to get his gun and came back outside. She claims he shot at one of the dogs because they would not leave. She says he shot one in the shoulder first, and then in the head to "put her out of her misery". She says this is when they discovered her bright red collar. They then drug her dead body to the bushes on their property. They preceeded to take their dog to the vet office near by, who then told them to seek care at another vet because the injuries were to severe. They were able to come back to their home, pack, and then drive 3 hours to a vet office close to their actual home. This lady is now wanting me to pay her large vet bill, when I'm not even sure my dog was responsible for the injuries. The lady said she didnt see a collar when her dog was being attacked. The above details were copied from a signed, written statement from the woman. What actions can I take? Do I have a chance at fighting the bills because I'm not sure my dog was responsible for the injuries? Was it legal to shoot my dog after the situation was under control? | e8ormf2 | e8oheo4 | 1,540,848,263 | 1,540,840,135 | 44 | 5 | This person is giving you a statement that not only absolves her of any responsibility or consequences for her actions, but blames you and assigns financial blame to you when you can't prove it. No you absolutely shouldn't take her at face value and consider other actions, including evaluating this with a lawyer. > signed, written statement Signed as in notarized, with legal backing behind it as a sworn statement or anything like that? Or she wrote something herself and just signed it? Because the second one doesn't mean anything except to try to scare you off. | > Was it legal to shoot my dog after the situation was under control? This is tricky. Most laws that I have seen allow someone to shoot a canine if it engaging in an attack (such as charging and actually attacking) livestock or household pets. In this case, it appears that the attack was already stopped. As to your other questions, you can deny them any payment and respond to any lawsuit they might bring against you. As to what you can do, unfortunately, I don't have any advice for that. | 1 | 8,128 | 8.8 |
9sespj | legaladvice_train | 0.94 | Neighbor shot my dog. Claims my dog was pairing up with coyotes and attacked her dog on their property after escaping my fence. Do I have any legal recourse available for the killing of my dog? And am I able to refute her claims as more than one dog is mentioned in the attack? My dog escaped my fence shortly after I left for work on October 8th. According to my neighbor's story, my dog had "paired up" with coyotes running around the neighborhood. We live in a very rural area of SoCal desert areas. She claims that 3 dogs, she thought were coyotes, charged and attacked her maltese dog. Apparently only one was actually engaging with her dog as the others stood around. She said she kept pulling on her dogs retractable leash while her dog was in the mouth of one of these dogs. She yelled for her husband and he rushed outside. This supposedly spooked the dogs and they dropped her dog. She was able to take herself and her dogs safely back inside her house. Her husband went inside to get his gun and came back outside. She claims he shot at one of the dogs because they would not leave. She says he shot one in the shoulder first, and then in the head to "put her out of her misery". She says this is when they discovered her bright red collar. They then drug her dead body to the bushes on their property. They preceeded to take their dog to the vet office near by, who then told them to seek care at another vet because the injuries were to severe. They were able to come back to their home, pack, and then drive 3 hours to a vet office close to their actual home. This lady is now wanting me to pay her large vet bill, when I'm not even sure my dog was responsible for the injuries. The lady said she didnt see a collar when her dog was being attacked. The above details were copied from a signed, written statement from the woman. What actions can I take? Do I have a chance at fighting the bills because I'm not sure my dog was responsible for the injuries? Was it legal to shoot my dog after the situation was under control? | e8oheo4 | e8om37l | 1,540,840,135 | 1,540,843,837 | 5 | 22 | > Was it legal to shoot my dog after the situation was under control? This is tricky. Most laws that I have seen allow someone to shoot a canine if it engaging in an attack (such as charging and actually attacking) livestock or household pets. In this case, it appears that the attack was already stopped. As to your other questions, you can deny them any payment and respond to any lawsuit they might bring against you. As to what you can do, unfortunately, I don't have any advice for that. | I'm sorry, but I find her story plausible. It's very common for dogs that routinely free-roam to form "packs" with other neighborhood dogs, possibly stray or feral. Dogs behave much more aggressively and dangerously in groups. It's highly unlikely that your dog was "pairing up" with coyotes, because the coyotes would have eaten your dog, but that's not what she said; she claims that she mistook this pack of animals for a pack of coyotes. This doesn't matter legally. Your dog was loose, on her property and attacked her dog. She is legally entitled to shoot dangerous and aggressive animals on her property. Almost every judge is going to agree that it was 'legal to shoot [your] dog after the situation was under control" - because your dog was on her property, your dog was clearly vicious because it had attacked her dog. No judge is going to agree that you need to let vicious dogs hang around your house after they attack because they are finished attacking. She does not have to wait and see if it poses any further danger to her, her husband or her dog. You are likely responsible for her veterinary bills, unless perhaps other negligent owners of the dogs who assisted in the attack can be determined, then you could split costs. You should speak to a lawyer. Your options are; 1) come to a reasonable settlement out of court or 2) wait to see if she pursues you for damages and hope that you can reach a reasonable settlement with the judge. You also need to speak with a lawyer regarding possible charges the county or animal control may entertain given that your dog was aggressive and loose. | 0 | 3,702 | 4.4 |
ykgvfc | legaladvice_train | 0.81 | My dog was attacked and nearly killed by two Pitbulls- My dog was attacked by two Pitbull's. I heard his yelps and ran out back to see him upside down with the pitbull’s jaws locked onto his throat. The other dog attacking his legs. I immediately started striking the dog in the top of the head. He was not going to let go- he was dead set on his mission. I called for help for several minutes, trying to remove this dogs jaws from my dog. Several frantic minutes passed, eventually one neighbor hopped up on our fence and called for more help. With 2 other adult males we were able to separate the dogs from Gunner. I got him to the ER, then myself got myself to the UR. (Dogs first, naturally) He required several stitches and a compression wrap. Lots of bruising on his torso. Many lacerations from teeth. He will be ok, but sore for many days. My left hand received several cuts, very luckily no stitches required. My right hand was scanned for a “boxer’s fracture” but luckily no bone damage. It’s currently bruised to near immobility. I still can’t stop thinking about how very lucky I was to hear his yelps. If had been out of the house or listening to music, he most certainly would have been killed. He's making an insanely slow recovery, and my hands are also healing too. The dogs were my neighbors who either hopped over or snuck through the fence. What should I do from here? The animal control people have told me I can submit all of my expenses, including time off work etc for resitution. Is that all I need to do? How much is my dog's and my pain and suffering worth? I don't want to take more than I should, but I also don't want to take less. Thanks for reading my story, appreciate any insights. | iuuy7bt | iuut5bn | 1,667,451,663 | 1,667,448,440 | 4 | 3 | I'd consult a personal injury attorney, dog bites & attacks are their bread & butter. Usually the dogs owner has homeowners or a rental policy & the attorneys will go after them as the dog is covered under the policy as a liability. Below are a couple of things you will need to do whether you consult an attorney or not. 1.) Make sure you have the report from animal control with the report #. 2.) If there were witnesses get their names. 3.) Keep a notebook & logbook with all dates of medical visits, time frame, & receipts plus bills for all medical coverage. In the logbook I would have times & mileage for driving plus missing work. | I’m so sorry this happened, a very similar thing happened to me and my dog earlier this year and I’m still mentally recovering even though we’re both mostly physically recovered. I would suggest really making sure you take care of yourself and seek mental health help if you need it. I talked to a personal injury attorney because I had a fair amount of medical bills. It turned out not worth pursuing from that angle, but you could try. You could potentially file a police report, if their dogs were not properly secured, that could be an issue. Ultimately for me I was able to have our neighbors file a claim with their homeowners insurance. Their insurance reimbursed vet bills and should be reimbursing a portion of medical bills as well. Best of luck, sorry again! | 1 | 3,223 | 1.333333 |
e7vfba | legaladvice_train | 0.98 | A tow company legally towed my vehicle for street cleaning, but did NOT report it to the police department, and did not notify me until 2 weeks later by mail, accruing a $1000 impound fine. Is there any recourse? I had filed a stolen vehicle report from the police. | fa8nw9b | fa8p1l4 | 1,575,850,548 | 1,575,851,326 | 4 | 6 | Not a lawyer, This may be a stretch but I've had luck with it in my state. Would OP have any recourse under MA due process laws? I can understand a 2-3 day computer glitch causing problems, but 2 weeks? I don't think it gets OP out of the private fines, as the tow company isn't a government agency... but is this something the city might settle over for an equal amount to the fines or something? | Bare in mind that I live in Canada and your laws may be different but my family owns the largest tow company and this was a common issue. You may want to check if the tow company is private or not. It's likely that they are private but have a contract with the local government. If it's private, try talking to the owner. Depending on the situation they may reduce the number of daily fees or eliminate that and you just pay the initial tow fee and not the storage fees. I saw a lot of people have their bills dropped from $1,000+ to $150. You would likely still have to pay but a lot less. | 0 | 778 | 1.5 |
xahfow | legaladvice_train | 0.93 | Brother's girlfriend pretending to be me while he's in jail. Long story short, my brother is in jail after his girlfriend called the cops. She is the one who is technically pressing charges against him, so the jail won't let them talk on the phone to one another. I found out recently, that she is calling the jail pretending to be me to talk to my brother (she very quickly switches from "I hate you and never want to see you again" to "i love you, please never leave me"). What should I do? What CAN I do? He lost his phone privileges for unrelated reasons, so she can't call him at the moment. But I am still pissed she pretended to be me and risked messing up my brother's case by doing so. She and my brother are in Georgia, I am in Washington state. | inufx3b | inttri5 | 1,662,810,827 | 1,662,792,883 | 264 | 37 | Let your brother's lawyer know about it. He should be able to get the recordings of those calls, which would help discredit her testimony. | Contact the jail and tell them that someone is pretending to be you to gain contact with one of their prisoners. They'll likely prevent further calls as a matter of security if nothing else. | 1 | 17,944 | 7.135135 |
xahfow | legaladvice_train | 0.93 | Brother's girlfriend pretending to be me while he's in jail. Long story short, my brother is in jail after his girlfriend called the cops. She is the one who is technically pressing charges against him, so the jail won't let them talk on the phone to one another. I found out recently, that she is calling the jail pretending to be me to talk to my brother (she very quickly switches from "I hate you and never want to see you again" to "i love you, please never leave me"). What should I do? What CAN I do? He lost his phone privileges for unrelated reasons, so she can't call him at the moment. But I am still pissed she pretended to be me and risked messing up my brother's case by doing so. She and my brother are in Georgia, I am in Washington state. | inttri5 | inv7dws | 1,662,792,883 | 1,662,824,067 | 37 | 59 | Contact the jail and tell them that someone is pretending to be you to gain contact with one of their prisoners. They'll likely prevent further calls as a matter of security if nothing else. | Nal, just from Georgia. You have to sign up for an account, but you can look up court records by name or case number. If you can find a bond hearing it should have his attorney’s name on it. https://georgiacourts.gov/eaccess-court-records/ | 0 | 31,184 | 1.594595 |
xahfow | legaladvice_train | 0.93 | Brother's girlfriend pretending to be me while he's in jail. Long story short, my brother is in jail after his girlfriend called the cops. She is the one who is technically pressing charges against him, so the jail won't let them talk on the phone to one another. I found out recently, that she is calling the jail pretending to be me to talk to my brother (she very quickly switches from "I hate you and never want to see you again" to "i love you, please never leave me"). What should I do? What CAN I do? He lost his phone privileges for unrelated reasons, so she can't call him at the moment. But I am still pissed she pretended to be me and risked messing up my brother's case by doing so. She and my brother are in Georgia, I am in Washington state. | invw1ug | inwix54 | 1,662,834,038 | 1,662,843,287 | 3 | 10 | Contact the court with jurisdiction over his case and ask the clerks if he has been assigned a public defender or what he needs to do to get that moving. Tell his lawyer ASAP. | What was he arrested for? Also, get these calls recorded. Showing this manipulative or at the very least quickly changing behavior as well as violating a protective order helps discredit her at trial and may cause her to be brought up on charges | 0 | 9,249 | 3.333333 |
b2l7gw | legaladvice_train | 0.97 | [IN] My sisters car was impounded by the police, because some one claimed she was in an accident, and now she can not get it back. Hello all, ​ As the title states, my sisters' car was impounded my the Mishawaka, IN police dept. This happened over the weekend. The story is that she was parking her car at her place of work, a mall, and she was approached by a woman that snapped a picture of her car as she was exiting the vehicle to head into work. The lady ran off in a hurry, which my sister thought was weird, but she dismissed it. she then came out from her shift and the car was gone. She called around and found out it was at the impound yard. The police said she had to wait until Monday. She is 18, in high school and the car is titled in my dads name, so today my parents and her went down to the police station to talk with a detective that had been assigned to the case. He said that his backlog is long and he will not be able to look at the case today, and that he would have to get back to them. My sister is adamant that she was not in any sort of accident and that the other party is mistaken about who is responsible, remember this happened in a mall parking lot on a Saturday afternoon full of thousands of cars. She then called the insurance company and they told her that they had a file of the police report. It says that the accusing party say a small white car matching my sisters hit another vehicle as it was driving through the lot. She then saw the car leave the lot, re-enter the lot and drive around to find another spot. she also states that it was a brown haired woman with a ponytail, my sister is blonde and claims to have been wearing a hat with her hair down that day. She needs her car back, and is claiming she in not the guilty party, but they can not get the car back until the police decide to look into the case. What are her options? ​ Thanks, ​ /u/BigNickD | eitews6 | eitrk5n | 1,552,931,117 | 1,552,940,042 | 111 | 166 | Be aware the impound lot may be assessing a storage fee plus towing fee for holding onto the car. Do not let the police or the impound lot get away with costing you guys more money. You may need a lawyer to help correct this if they do. | This is crazy. There's no reason to impound a car for something like this, even if she had been the driver in the accident. The Supreme Court of Indiana has had to rule on this issue before. Now, if they hand your car back the next day, it's probably not worth your time to pursue it further, but there's enough evidence of questionable conduct by the police you might want to get a lawyer if they seem to want to hang on to it. | 0 | 8,925 | 1.495495 |
b2l7gw | legaladvice_train | 0.97 | [IN] My sisters car was impounded by the police, because some one claimed she was in an accident, and now she can not get it back. Hello all, ​ As the title states, my sisters' car was impounded my the Mishawaka, IN police dept. This happened over the weekend. The story is that she was parking her car at her place of work, a mall, and she was approached by a woman that snapped a picture of her car as she was exiting the vehicle to head into work. The lady ran off in a hurry, which my sister thought was weird, but she dismissed it. she then came out from her shift and the car was gone. She called around and found out it was at the impound yard. The police said she had to wait until Monday. She is 18, in high school and the car is titled in my dads name, so today my parents and her went down to the police station to talk with a detective that had been assigned to the case. He said that his backlog is long and he will not be able to look at the case today, and that he would have to get back to them. My sister is adamant that she was not in any sort of accident and that the other party is mistaken about who is responsible, remember this happened in a mall parking lot on a Saturday afternoon full of thousands of cars. She then called the insurance company and they told her that they had a file of the police report. It says that the accusing party say a small white car matching my sisters hit another vehicle as it was driving through the lot. She then saw the car leave the lot, re-enter the lot and drive around to find another spot. she also states that it was a brown haired woman with a ponytail, my sister is blonde and claims to have been wearing a hat with her hair down that day. She needs her car back, and is claiming she in not the guilty party, but they can not get the car back until the police decide to look into the case. What are her options? ​ Thanks, ​ /u/BigNickD | eitcx23 | eitrk5n | 1,552,929,771 | 1,552,940,042 | 6 | 166 | I don't think there's much you can do other than to wait until the detective gets to it. If it's longer than a few days, you could obtain an attorney who might be able to \*encourage\* the police to expedite their process. | This is crazy. There's no reason to impound a car for something like this, even if she had been the driver in the accident. The Supreme Court of Indiana has had to rule on this issue before. Now, if they hand your car back the next day, it's probably not worth your time to pursue it further, but there's enough evidence of questionable conduct by the police you might want to get a lawyer if they seem to want to hang on to it. | 0 | 10,271 | 27.666667 |
b2l7gw | legaladvice_train | 0.97 | [IN] My sisters car was impounded by the police, because some one claimed she was in an accident, and now she can not get it back. Hello all, ​ As the title states, my sisters' car was impounded my the Mishawaka, IN police dept. This happened over the weekend. The story is that she was parking her car at her place of work, a mall, and she was approached by a woman that snapped a picture of her car as she was exiting the vehicle to head into work. The lady ran off in a hurry, which my sister thought was weird, but she dismissed it. she then came out from her shift and the car was gone. She called around and found out it was at the impound yard. The police said she had to wait until Monday. She is 18, in high school and the car is titled in my dads name, so today my parents and her went down to the police station to talk with a detective that had been assigned to the case. He said that his backlog is long and he will not be able to look at the case today, and that he would have to get back to them. My sister is adamant that she was not in any sort of accident and that the other party is mistaken about who is responsible, remember this happened in a mall parking lot on a Saturday afternoon full of thousands of cars. She then called the insurance company and they told her that they had a file of the police report. It says that the accusing party say a small white car matching my sisters hit another vehicle as it was driving through the lot. She then saw the car leave the lot, re-enter the lot and drive around to find another spot. she also states that it was a brown haired woman with a ponytail, my sister is blonde and claims to have been wearing a hat with her hair down that day. She needs her car back, and is claiming she in not the guilty party, but they can not get the car back until the police decide to look into the case. What are her options? ​ Thanks, ​ /u/BigNickD | eitrk5n | eitnmdj | 1,552,940,042 | 1,552,937,112 | 166 | 5 | This is crazy. There's no reason to impound a car for something like this, even if she had been the driver in the accident. The Supreme Court of Indiana has had to rule on this issue before. Now, if they hand your car back the next day, it's probably not worth your time to pursue it further, but there's enough evidence of questionable conduct by the police you might want to get a lawyer if they seem to want to hang on to it. | Have you been to the impound lot to get the car out? | 1 | 2,930 | 33.2 |
b2l7gw | legaladvice_train | 0.97 | [IN] My sisters car was impounded by the police, because some one claimed she was in an accident, and now she can not get it back. Hello all, ​ As the title states, my sisters' car was impounded my the Mishawaka, IN police dept. This happened over the weekend. The story is that she was parking her car at her place of work, a mall, and she was approached by a woman that snapped a picture of her car as she was exiting the vehicle to head into work. The lady ran off in a hurry, which my sister thought was weird, but she dismissed it. she then came out from her shift and the car was gone. She called around and found out it was at the impound yard. The police said she had to wait until Monday. She is 18, in high school and the car is titled in my dads name, so today my parents and her went down to the police station to talk with a detective that had been assigned to the case. He said that his backlog is long and he will not be able to look at the case today, and that he would have to get back to them. My sister is adamant that she was not in any sort of accident and that the other party is mistaken about who is responsible, remember this happened in a mall parking lot on a Saturday afternoon full of thousands of cars. She then called the insurance company and they told her that they had a file of the police report. It says that the accusing party say a small white car matching my sisters hit another vehicle as it was driving through the lot. She then saw the car leave the lot, re-enter the lot and drive around to find another spot. she also states that it was a brown haired woman with a ponytail, my sister is blonde and claims to have been wearing a hat with her hair down that day. She needs her car back, and is claiming she in not the guilty party, but they can not get the car back until the police decide to look into the case. What are her options? ​ Thanks, ​ /u/BigNickD | eitews6 | eitcx23 | 1,552,931,117 | 1,552,929,771 | 111 | 6 | Be aware the impound lot may be assessing a storage fee plus towing fee for holding onto the car. Do not let the police or the impound lot get away with costing you guys more money. You may need a lawyer to help correct this if they do. | I don't think there's much you can do other than to wait until the detective gets to it. If it's longer than a few days, you could obtain an attorney who might be able to \*encourage\* the police to expedite their process. | 1 | 1,346 | 18.5 |
b2l7gw | legaladvice_train | 0.97 | [IN] My sisters car was impounded by the police, because some one claimed she was in an accident, and now she can not get it back. Hello all, ​ As the title states, my sisters' car was impounded my the Mishawaka, IN police dept. This happened over the weekend. The story is that she was parking her car at her place of work, a mall, and she was approached by a woman that snapped a picture of her car as she was exiting the vehicle to head into work. The lady ran off in a hurry, which my sister thought was weird, but she dismissed it. she then came out from her shift and the car was gone. She called around and found out it was at the impound yard. The police said she had to wait until Monday. She is 18, in high school and the car is titled in my dads name, so today my parents and her went down to the police station to talk with a detective that had been assigned to the case. He said that his backlog is long and he will not be able to look at the case today, and that he would have to get back to them. My sister is adamant that she was not in any sort of accident and that the other party is mistaken about who is responsible, remember this happened in a mall parking lot on a Saturday afternoon full of thousands of cars. She then called the insurance company and they told her that they had a file of the police report. It says that the accusing party say a small white car matching my sisters hit another vehicle as it was driving through the lot. She then saw the car leave the lot, re-enter the lot and drive around to find another spot. she also states that it was a brown haired woman with a ponytail, my sister is blonde and claims to have been wearing a hat with her hair down that day. She needs her car back, and is claiming she in not the guilty party, but they can not get the car back until the police decide to look into the case. What are her options? ​ Thanks, ​ /u/BigNickD | eiufvta | eitcx23 | 1,552,957,999 | 1,552,929,771 | 8 | 6 | The good news is that in most places, if the police are holding it as evidence, you won't pay impound fees. It's a different impound than it would be for parking or DUI. The bad news is that it may take a while before they are willing to release it. | I don't think there's much you can do other than to wait until the detective gets to it. If it's longer than a few days, you could obtain an attorney who might be able to \*encourage\* the police to expedite their process. | 1 | 28,228 | 1.333333 |
b2l7gw | legaladvice_train | 0.97 | [IN] My sisters car was impounded by the police, because some one claimed she was in an accident, and now she can not get it back. Hello all, ​ As the title states, my sisters' car was impounded my the Mishawaka, IN police dept. This happened over the weekend. The story is that she was parking her car at her place of work, a mall, and she was approached by a woman that snapped a picture of her car as she was exiting the vehicle to head into work. The lady ran off in a hurry, which my sister thought was weird, but she dismissed it. she then came out from her shift and the car was gone. She called around and found out it was at the impound yard. The police said she had to wait until Monday. She is 18, in high school and the car is titled in my dads name, so today my parents and her went down to the police station to talk with a detective that had been assigned to the case. He said that his backlog is long and he will not be able to look at the case today, and that he would have to get back to them. My sister is adamant that she was not in any sort of accident and that the other party is mistaken about who is responsible, remember this happened in a mall parking lot on a Saturday afternoon full of thousands of cars. She then called the insurance company and they told her that they had a file of the police report. It says that the accusing party say a small white car matching my sisters hit another vehicle as it was driving through the lot. She then saw the car leave the lot, re-enter the lot and drive around to find another spot. she also states that it was a brown haired woman with a ponytail, my sister is blonde and claims to have been wearing a hat with her hair down that day. She needs her car back, and is claiming she in not the guilty party, but they can not get the car back until the police decide to look into the case. What are her options? ​ Thanks, ​ /u/BigNickD | eiufvta | eitnmdj | 1,552,957,999 | 1,552,937,112 | 8 | 5 | The good news is that in most places, if the police are holding it as evidence, you won't pay impound fees. It's a different impound than it would be for parking or DUI. The bad news is that it may take a while before they are willing to release it. | Have you been to the impound lot to get the car out? | 1 | 20,887 | 1.6 |
3m0rod | legaladvice_train | 0.99 | My ex girlfriend was killed in a car accident.WA] Her sister messaged me [NY] and told me that we have a son together. Not sure what to do about this. Just in case I didn't make it clear, my alleged son lives in Washington. I am in NY. Obviously I still need to confirm that he is mine. I'm not sure if it makes a difference if I consult a lawyer before asking for a pat test or if it would be okay if I just asked his aunt to help me with one. Is there any reason why I can't do this without the supervision of an attorney? If he is my son, I do think that I would like custody full time. I'm not sure if I would have to do anything. I am not listed on his birth certificate, according to the aunt, so I am not sure how that affects things. As far as I know, there is no guardianship set up or anything, at least his aunt didn't mention it. She implied that the only one involved was his mother. Would I still need to go to court to protect myself in case his grandparents or aunt wanted to claim him? From what she tells me that seems unlikely. They are not in a position to raise him. Finally, is it better to consult with a Washington attorney or a NY attorney? In case there's anything I left out, here is my [original post. Thanks! | cvazku0 | cvazjux | 1,442,978,349 | 1,442,978,295 | 130 | 35 | I'd get a lawyer so that you can arrange for a proper paternity test. If he's yours, take the paternity test to the court and let them know you want full custody. Are you ready, willing, and able to have him home with you now? Can you afford him financially? Who will care for him while you're at work? Do you know what to feed a child? | > As far as I know, there is no guardianship set up or anything Who currently has legal custody of the child? And how old is the child? Regardless, yes, you do need an attorney. But there are many, many other factors here. The kid is 3000 miles away, has never met you, and has some sort of support there, correct? | 1 | 54 | 3.714286 |
3m0rod | legaladvice_train | 0.99 | My ex girlfriend was killed in a car accident.WA] Her sister messaged me [NY] and told me that we have a son together. Not sure what to do about this. Just in case I didn't make it clear, my alleged son lives in Washington. I am in NY. Obviously I still need to confirm that he is mine. I'm not sure if it makes a difference if I consult a lawyer before asking for a pat test or if it would be okay if I just asked his aunt to help me with one. Is there any reason why I can't do this without the supervision of an attorney? If he is my son, I do think that I would like custody full time. I'm not sure if I would have to do anything. I am not listed on his birth certificate, according to the aunt, so I am not sure how that affects things. As far as I know, there is no guardianship set up or anything, at least his aunt didn't mention it. She implied that the only one involved was his mother. Would I still need to go to court to protect myself in case his grandparents or aunt wanted to claim him? From what she tells me that seems unlikely. They are not in a position to raise him. Finally, is it better to consult with a Washington attorney or a NY attorney? In case there's anything I left out, here is my [original post. Thanks! | cvb22y3 | cvb41m3 | 1,442,983,998 | 1,442,990,016 | 13 | 30 | I'm so sorry for your loss, OP. At this point, you'll need to establish paternity before you can do anything else. There's certainly a chance he is not your biological son, so until you've established paternity, don't get ahead of yourself. You can start by consulting with a local family law attorney, but if the family is open to paternity testing, you may be able to arrange this with them amicably and without an attorney. If you are indeed the child's biological father, don't expect to get full custody immediately. Whether your fault or not, this child has zero prior relationship with you, and he's just lost the only parent he knows. The court is more likely to place him with a relative of your ex's who already has a pre-existing relationship, and may grant you visitation to foster a relationship with him. As time goes on, the length of each visitation may increase, and you may eventually petition for full custody. You can also expect to begin paying child support during this time. There's a lot you need to consider before you go down this path, though: are you willing and able to uproot your entire life and move to Washington, to maintain the life to which your son is already accustomed? Are you willing and able to maintain relationships with your ex's extended family, with whom your son already has a relationship? Are you financially, physically and emotionally prepared to become a single parent? I would start contacting attorneys in your area to develop a plan, but you'll ultimately need to pursue this in your son's home state. I would also focus on developing positive, open communication with your ex's parents and sisters -- make it clear you intend to step up and take care of your son, but that you won't remove him from their lives, either. If you and her parents start off against each other, you're going to be in for a helluva fight. Good luck. | If you can afford a Washington family law attorney, I recommend you get one. However, this is absolutely a process that people go through everyday without an attorney. It is absolutely going to involve making some court appearances in Washington. Just for a little bit of background, the court is going to order a paternity test unless both parties attest that you are the father. Paternity is only presumed if there is a marriage. Also, the court is not going to award custody. That's simply not how it works in Washington. What will happen is, once paternity is established, a parenting plan needs to be put into place. Someone will need to file a petition to establish a parenting plan, and I recommend that person be you. Parenting plans set forth a residential schedule, establish who has authority to make parenting decisions, determine a dispute resolution process, and probably other things that I'm forgetting. Both parties can present the plan they want, and argue why it's in the child's best interest. That will be the touchstone of the court's decision, the best interest of the child. The court will likely appoint a guardian ad litem to represent the child as well. Once again though, you should at least consult with an attorney. Most consults are free. Also a caveat: I've done a few pro bono family law cases but it's not my typical area of practice so take the above with a grain of salt. | 0 | 6,018 | 2.307692 |
whutvd | legaladvice_train | 0.96 | What will happen if I file a police report against my husband? This morning we argued and it escalated until i recorded him with his phone and in the process of trying to send the video to my own phone, he twisted my arm and threw me to the ground in order to get his back. I have him recorded admitting to it. This isn’t the first time he’s gotten physical with me and it’s been suggested to me before to file a police report but I’m afraid of opening a can of worms that I don’t know if I’m ready to deal with. I don’t have any actual proof. He’s only ever left small bruises and not often and I didn’t think to take photos at the time. He’s threatened multiple times to keep our 2 year old son from me if I leave, saying things like “go, we’ll be fine without you” or “do you know how easy it would be for me to disappear with him” and has tried to physically wrestle him from my arms on more than one occasion. I just want an idea of what the process will be like if I report him just to get it all on record. I don’t know if I’m ready to leave yet. I don’t even know what being ready would look like. I’m sorry if this isn’t the right place for this. Thank you in advance. | ij9bs2a | ij92zfw | 1,659,836,493 | 1,659,832,190 | 6 | 5 | National Domestic Violence Hotline 800-799-7233 They can do all sorts of things, including provide a referral to a lawyer and help you plan to get out safely. | Please find a safe place. As it's been pointed out you could face some ramifications for not giving his phone back. You cannot take some one's property and expect they won't try to retrieve it. Use of force to retrieve one's property isn't usually seen as unlawful. | 1 | 4,303 | 1.2 |
whutvd | legaladvice_train | 0.96 | What will happen if I file a police report against my husband? This morning we argued and it escalated until i recorded him with his phone and in the process of trying to send the video to my own phone, he twisted my arm and threw me to the ground in order to get his back. I have him recorded admitting to it. This isn’t the first time he’s gotten physical with me and it’s been suggested to me before to file a police report but I’m afraid of opening a can of worms that I don’t know if I’m ready to deal with. I don’t have any actual proof. He’s only ever left small bruises and not often and I didn’t think to take photos at the time. He’s threatened multiple times to keep our 2 year old son from me if I leave, saying things like “go, we’ll be fine without you” or “do you know how easy it would be for me to disappear with him” and has tried to physically wrestle him from my arms on more than one occasion. I just want an idea of what the process will be like if I report him just to get it all on record. I don’t know if I’m ready to leave yet. I don’t even know what being ready would look like. I’m sorry if this isn’t the right place for this. Thank you in advance. | ij8br1o | ij9bs2a | 1,659,819,455 | 1,659,836,493 | 2 | 6 | This situation is above this sub's pay grade. You may want to document these interactions, but be aware, it is definitely a crime to deprive or otherwise obstruct someone's access to a telephone (especially their own mobile phone) during a DV or other criminal altercation. I can't know what all the details are, I'm just pointing this out because of how you taking his phone and scuffling over it could be spun against you by a halfway decent attorney. It's best to not touch any phone other than your own in a situation such as this unless you're calling 9-1-1. There are plenty of resources available for recognizing and mending or leaving unhealthy relationships. If your arguments & fights are not completely one-sided, you both should consider anger management counseling to avoid escalation, but obviously you can only work on your side of this issue and must make the decision to remove yourself from that situation if it does not improve. | National Domestic Violence Hotline 800-799-7233 They can do all sorts of things, including provide a referral to a lawyer and help you plan to get out safely. | 0 | 17,038 | 3 |
whutvd | legaladvice_train | 0.96 | What will happen if I file a police report against my husband? This morning we argued and it escalated until i recorded him with his phone and in the process of trying to send the video to my own phone, he twisted my arm and threw me to the ground in order to get his back. I have him recorded admitting to it. This isn’t the first time he’s gotten physical with me and it’s been suggested to me before to file a police report but I’m afraid of opening a can of worms that I don’t know if I’m ready to deal with. I don’t have any actual proof. He’s only ever left small bruises and not often and I didn’t think to take photos at the time. He’s threatened multiple times to keep our 2 year old son from me if I leave, saying things like “go, we’ll be fine without you” or “do you know how easy it would be for me to disappear with him” and has tried to physically wrestle him from my arms on more than one occasion. I just want an idea of what the process will be like if I report him just to get it all on record. I don’t know if I’m ready to leave yet. I don’t even know what being ready would look like. I’m sorry if this isn’t the right place for this. Thank you in advance. | ijauiyk | ijbblvt | 1,659,873,367 | 1,659,882,441 | 2 | 4 | If you call the police they will want you to fill out a complaint at which time they will open an investigation. They will want factual evidence (what happened between you two). The police will interview your husband and depending on what he says, they might/probably arrest him. The police will also advise you that if you feel like you’re in immediate danger to file for an emergency order of protection against your husband. The emergency order if granted will order your husband to stay away and not contact you in any way. If you are granted the home, he might be granted one escorted by police visit to grab his things. If he violates said order and you call the police he will be charged with another crime. Your husband once arrested will be held in jail without a bond until a judge sees him. He will be arraigned and depending on location given a stay away period, like a cooling off period and he can bond out after. The police will report the wrestling away of the child to child protective services. There will be an investigation where both parties will have to give there side to an interviewer. Sometimes there is in home visit to determine if the home is safe for the child to stay in. You will be expected to be the state’s witness in any legal proceedings. It can become a long drawn out criminal case against your husband. You aren’t normally made to appear in status hearings, usually only the trial if your husband takes it that far. If he’s found guilty, he will get anywhere from a years probation up to a year in jail depending on criminal history. He will be made to pay fines, fees, and any restitution. He will also be made to attend DV classes where hopefully he’ll learn different ways to handle these conflicts. An alternative to DV classes could be anger management. | “I’m afraid to open a can of worms that I don’t know if I’m ready to deal with” uh.. lady….. that can has been open for a while. He threw hands on you and apparently it’s not even the first time. This will keep happening and may even escalate. You need to act now, for your own safety. File the report and find somewhere safe to stay. | 0 | 9,074 | 2 |
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