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zmofeb | legaladvice_train | 0.79 | Do I (a 16 year old) have the right to decide what parent I live with? To preface I as of recently moved to Oklahoma, I lived in Alaska the majority of my life and it is where my mom lives. My mom had a lot of issues when i was little, despite this she loved me enough to know that I needed to stay with my dad as she wasn't in the right head space to raise me at the time. I'm 16 now, since then I've moved away from the state she's in and have stayed with my dad basically my entire life. As per how things have been going with him for the last few years (constant fighting, refusing to let me get a job despite getting good grades and doing all of my chores, forcing me to spend what is essentially 100% of my free time baby sitting my brother, refusing to let me go to the gym, not letting me go to church, not letting me see friends most of the time, etc etc etc.) I've decided it would be better for the both of us if I was able to live with my biological mom where none of that would no longer be an issue. I'm 18 in one and a half years and i'd like to spend that time working on myself and setting myself up mentally and financially to go to college and make something of myself one day. My mom is completely willing to let me live with her, but I haven't brought it up to my dad yet. In the event he says no what steps do I need to take to be with her? Am I even allowed to choose custody this late into my life? Am I screwed? Somebody please help me, I can't sit back and watch my life fall apart anymore | j0c7rvb | j0c3e2w | 1,671,121,356 | 1,671,119,641 | 10 | 9 | Most states and judges take into account the wishes of a minor your age. But you can't go to court on your own as a minor. Your mom needs to sue for custody in the state you currently live in. In your shoes with that amount of isolation and parentification going on, I'd also talk to your school counselor. There's likely not a lot that they can do to change anything, but they can listen and may have ideas on how to improve the situation as it is until everything can work its way through the courts. And sometimes just knowing you have someone in your corner is incredibly helpful. | ~~In Alaska, if the child is "old enough and mature enough to provide a reasonable opinion."~~ A court (in Oklahoma) can ask your opinion. You do not have a right to give an opinion, nor a right to choose. | 1 | 1,715 | 1.111111 |
fgcrix | legaladvice_train | 0.72 | What should I do if I'm locked up in my house by my parents and stopped from going anywhere? I'm supposed to be attending school but they also stopped me from going. What should I do? | fk3pwi8 | fk3p2iz | 1,583,842,965 | 1,583,842,228 | 64 | 35 | You call the police. | Call the police. | 1 | 737 | 1.828571 |
fgcrix | legaladvice_train | 0.72 | What should I do if I'm locked up in my house by my parents and stopped from going anywhere? I'm supposed to be attending school but they also stopped me from going. What should I do? | fk3vdjg | fk3p2iz | 1,583,847,234 | 1,583,842,228 | 40 | 35 | You should definitely call cps, you can call 211, they'll help you. Don't worry about your parents getting in trouble. It's not going to be cops everywhere and your parents getting arrested and going to jail. It'll be more like a person or a couple people coming over to talk to you and your parents to see if you all can come up with a plan for everyone to get back on track. It's not that scary. If you miss enough school, your school will call cps for you. | Call the police. | 1 | 5,006 | 1.142857 |
fgcrix | legaladvice_train | 0.72 | What should I do if I'm locked up in my house by my parents and stopped from going anywhere? I'm supposed to be attending school but they also stopped me from going. What should I do? | fk407an | fk3wvf0 | 1,583,850,487 | 1,583,848,292 | 5 | 3 | Your parents are never going to willingly let you leave the house. Unfortunately you have to call the cops on them. I know you don't want to get them in trouble but it's your freedom or theirs. The longer you stay their captive the more they're going to do to restrict your ability to contact the outside. Call the police or your high school before your parents have your chance to take away your access to the internet and cell phones. | There are agencies you can call for assistance. What state are you in? | 1 | 2,195 | 1.666667 |
foif6m | legaladvice_train | 0.71 | Lawyers of Reddit what are the laws for breast pumping at work? My spouse and I (18yrs both of us) work at a Sonic (Texas) together. It's small and the only "private" places for her to pump is a restroom. Is that allowed? | flfciis | flfd4vc | 1,585,103,149 | 1,585,103,578 | 49 | 81 | A bathroom is not acceptable. They must provide "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk." | Breastfeeding counselor here. This is not legal. Whether or not they have to pay you for time pumping depends on some other factors. But they may not ask you to pump in a bathroom. Go to: https://www.womenshealth.gov/supporting-nursing-moms-work/what-law-says-about-breastfeeding-and-work For info on your legal rights as a breastfeeding mother/employee. Congrats to you both!! | 0 | 429 | 1.653061 |
foif6m | legaladvice_train | 0.71 | Lawyers of Reddit what are the laws for breast pumping at work? My spouse and I (18yrs both of us) work at a Sonic (Texas) together. It's small and the only "private" places for her to pump is a restroom. Is that allowed? | flfd4vc | flfd2zw | 1,585,103,578 | 1,585,103,541 | 81 | 20 | Breastfeeding counselor here. This is not legal. Whether or not they have to pay you for time pumping depends on some other factors. But they may not ask you to pump in a bathroom. Go to: https://www.womenshealth.gov/supporting-nursing-moms-work/what-law-says-about-breastfeeding-and-work For info on your legal rights as a breastfeeding mother/employee. Congrats to you both!! | How many people work there? If it's less than 50 "...employers with fewer than 50 employees are not subject to the FLSA break time requirement if the employer can demonstrate that compliance with the provision would impose an undue hardship." | 1 | 37 | 4.05 |
79volp | legaladvice_train | 0.85 | [NY] Wife was robbed at gunpoint, employer refused to fix security camera prior to robbery, is there any action we can take here? Hey guys, so my wife works at a pharmacy in a pretty ghetto area of upstate NY (Newburgh) and the store was robbed at gunpoint Sunday. They took 1000s of Percocet and Oxy as well as cash, the police were helpful and my wife is physically ok. The thing is, my wife’s employer refused to fix their security system (cameras) due to the cost. Now that the police are asking for the security tapes he can’t provide them. My question is , doesn’t her employer have a legal obligation to have working security equipment? Especially in a low income high crime area and especially since they deal with a lions share of the cities controlled substances. Is there anything we can do, I personally don’t feel good about her continuing to work there until proper security measures are taken. Also the area they are in has had 4 bank robberies and other armed robberies in the past year. So this isn’t a shocking thing to happen there. | dp5355j | dp5hpcv | 1,509,456,633 | 1,509,472,407 | 4 | 19 | There is no legal recourse here. Your wife can take some time off and get counseling or short-term stress leave. | As a note, if she needs counseling for this, she may be eligible for workman's comp. Check with an employment lawyer - it's very state dependent. | 0 | 15,774 | 4.75 |
79volp | legaladvice_train | 0.85 | [NY] Wife was robbed at gunpoint, employer refused to fix security camera prior to robbery, is there any action we can take here? Hey guys, so my wife works at a pharmacy in a pretty ghetto area of upstate NY (Newburgh) and the store was robbed at gunpoint Sunday. They took 1000s of Percocet and Oxy as well as cash, the police were helpful and my wife is physically ok. The thing is, my wife’s employer refused to fix their security system (cameras) due to the cost. Now that the police are asking for the security tapes he can’t provide them. My question is , doesn’t her employer have a legal obligation to have working security equipment? Especially in a low income high crime area and especially since they deal with a lions share of the cities controlled substances. Is there anything we can do, I personally don’t feel good about her continuing to work there until proper security measures are taken. Also the area they are in has had 4 bank robberies and other armed robberies in the past year. So this isn’t a shocking thing to happen there. | dp5po59 | dp5k2mb | 1,509,480,620 | 1,509,474,871 | 3 | 2 | I would not be surprised if the pharmacy intentionally deactivated the cameras, and staged the robbery to make profits on the perks and get the insurance money. | >my wife’s employer refused to fix their security system (cameras) due to the cost. That excuse just doesn't fly anymore. You can easily get a wireless 8 camera system that does full 1080p recording plus IR assisted night vision for less than a grand. | 1 | 5,749 | 1.5 |
79volp | legaladvice_train | 0.85 | [NY] Wife was robbed at gunpoint, employer refused to fix security camera prior to robbery, is there any action we can take here? Hey guys, so my wife works at a pharmacy in a pretty ghetto area of upstate NY (Newburgh) and the store was robbed at gunpoint Sunday. They took 1000s of Percocet and Oxy as well as cash, the police were helpful and my wife is physically ok. The thing is, my wife’s employer refused to fix their security system (cameras) due to the cost. Now that the police are asking for the security tapes he can’t provide them. My question is , doesn’t her employer have a legal obligation to have working security equipment? Especially in a low income high crime area and especially since they deal with a lions share of the cities controlled substances. Is there anything we can do, I personally don’t feel good about her continuing to work there until proper security measures are taken. Also the area they are in has had 4 bank robberies and other armed robberies in the past year. So this isn’t a shocking thing to happen there. | dp5k2mb | dp5zcps | 1,509,474,871 | 1,509,491,350 | 2 | 3 | >my wife’s employer refused to fix their security system (cameras) due to the cost. That excuse just doesn't fly anymore. You can easily get a wireless 8 camera system that does full 1080p recording plus IR assisted night vision for less than a grand. | There may not be a law, but there maybe a regulation that can help. I work in banking, and we are required to maintain a working security system with cameras. Check with the pharmacy regulator | 0 | 16,479 | 1.5 |
d0qit0 | legaladvice_train | 0.68 | I found a complete, dead mouse in my spinage salad at my school cafeteria. My school has been trying to sweep it under the rug. As I said I found a complete, dead mouse inside my salad I bought from the school cafeteria at my university. The school has been trying to sweep it under the rug. The only thing they offered was $50 in school money. I brought it to the president of the university who also did not do anything while everyone in authority is acting extremely pissy with me for finally bringing the issue to the local media. I still have received 0 compensation besides being told I could get $50 to the school and that's it. Is there anything I can do here? | ezbqsly | ezbrdqf | 1,567,824,135 | 1,567,824,366 | 26 | 86 | Your damages are limited to the cost of the salad and any medical bills that might have occurred because you ate some of the salad (if you did) | This shouldn't have gone further than the cafeteria manager. The University President ? The local media ? You are correctly being viewed with a poor attitude. Legally, you're owed a refund on the inedible salad. And if you incurred medical bills, you could probably recover them in small claims court if they didn't reimburse you voluntarily. But there's no monetary damages to being grossed out, and no damages for what "might" have happened if you attempted to eat a whole dead mouse. Edit: I read your post history. You have my condolences. Please consider that part of your processing of grief may change how you're reacting to a minor problem. | 0 | 231 | 3.307692 |
d0qit0 | legaladvice_train | 0.68 | I found a complete, dead mouse in my spinage salad at my school cafeteria. My school has been trying to sweep it under the rug. As I said I found a complete, dead mouse inside my salad I bought from the school cafeteria at my university. The school has been trying to sweep it under the rug. The only thing they offered was $50 in school money. I brought it to the president of the university who also did not do anything while everyone in authority is acting extremely pissy with me for finally bringing the issue to the local media. I still have received 0 compensation besides being told I could get $50 to the school and that's it. Is there anything I can do here? | ezbrdqf | ezbqglh | 1,567,824,366 | 1,567,824,012 | 86 | 8 | This shouldn't have gone further than the cafeteria manager. The University President ? The local media ? You are correctly being viewed with a poor attitude. Legally, you're owed a refund on the inedible salad. And if you incurred medical bills, you could probably recover them in small claims court if they didn't reimburse you voluntarily. But there's no monetary damages to being grossed out, and no damages for what "might" have happened if you attempted to eat a whole dead mouse. Edit: I read your post history. You have my condolences. Please consider that part of your processing of grief may change how you're reacting to a minor problem. | You can try and hire a lawyer and sue or do it in small claims court but you might get nothing or even cost you more then you spent. The $50 is fairly generous. This is advice for the US and might not apply to all states, since you gave no location. | 1 | 354 | 10.75 |
d0qit0 | legaladvice_train | 0.68 | I found a complete, dead mouse in my spinage salad at my school cafeteria. My school has been trying to sweep it under the rug. As I said I found a complete, dead mouse inside my salad I bought from the school cafeteria at my university. The school has been trying to sweep it under the rug. The only thing they offered was $50 in school money. I brought it to the president of the university who also did not do anything while everyone in authority is acting extremely pissy with me for finally bringing the issue to the local media. I still have received 0 compensation besides being told I could get $50 to the school and that's it. Is there anything I can do here? | ezbqglh | ezbqsly | 1,567,824,012 | 1,567,824,135 | 8 | 26 | You can try and hire a lawyer and sue or do it in small claims court but you might get nothing or even cost you more then you spent. The $50 is fairly generous. This is advice for the US and might not apply to all states, since you gave no location. | Your damages are limited to the cost of the salad and any medical bills that might have occurred because you ate some of the salad (if you did) | 0 | 123 | 3.25 |
d0qit0 | legaladvice_train | 0.68 | I found a complete, dead mouse in my spinage salad at my school cafeteria. My school has been trying to sweep it under the rug. As I said I found a complete, dead mouse inside my salad I bought from the school cafeteria at my university. The school has been trying to sweep it under the rug. The only thing they offered was $50 in school money. I brought it to the president of the university who also did not do anything while everyone in authority is acting extremely pissy with me for finally bringing the issue to the local media. I still have received 0 compensation besides being told I could get $50 to the school and that's it. Is there anything I can do here? | ezbrrr9 | ezbqglh | 1,567,824,516 | 1,567,824,012 | 24 | 8 | You're not getting a 5 figure payout for this. Sweep this under the rug? What do you think should happen? Should the school principal gets on the microphone and say "attention students, irishman_4 found a dead mouse in his food. That is all." ? If people could get rich off this, fraud would be so rampant. Just bring a dead animal and say it was in your food and bam! You're rich! | You can try and hire a lawyer and sue or do it in small claims court but you might get nothing or even cost you more then you spent. The $50 is fairly generous. This is advice for the US and might not apply to all states, since you gave no location. | 1 | 504 | 3 |
d0qit0 | legaladvice_train | 0.68 | I found a complete, dead mouse in my spinage salad at my school cafeteria. My school has been trying to sweep it under the rug. As I said I found a complete, dead mouse inside my salad I bought from the school cafeteria at my university. The school has been trying to sweep it under the rug. The only thing they offered was $50 in school money. I brought it to the president of the university who also did not do anything while everyone in authority is acting extremely pissy with me for finally bringing the issue to the local media. I still have received 0 compensation besides being told I could get $50 to the school and that's it. Is there anything I can do here? | ezbuhgl | ezbqglh | 1,567,825,575 | 1,567,824,012 | 15 | 8 | you are dangerously close to prosecution for blackmail. ​ you can publicize your issue or you can keep it quiet, that is your choice you can accept their offer of $50 to settle the matter, or you can reject it, that is your choice ​ but if you threaten to publicize the issue unless they give you more money, that is a serious crime, you don't list your state so it's hard to say if it would be a misdemeanor or a felony, but it would probably come with jail time | You can try and hire a lawyer and sue or do it in small claims court but you might get nothing or even cost you more then you spent. The $50 is fairly generous. This is advice for the US and might not apply to all states, since you gave no location. | 1 | 1,563 | 1.875 |
5cwzud | legaladvice_train | 0.86 | CT - Laid off in January, got an offer from former employer in July when I had another offer, employer reneged on the offer afterwards At the end of January, I was laid off from my former company due to budget cuts. I was provided a severance package for 16 weeks. I filed for unemployment with the state the following week (in CT you can collect unemployment while getting paid severance) which lasted till the last week of July. Since I left my former company, I have been aggressively searching for a comparable job within the area to no avail. In June, I was contacted by a potential employer and was offered a full time permanent position which I accepted. The following day, I was contacted by a Recruiter from my former company bout a Senior position being offered in my old office. It was a higher position for more pay, better benefits (they were not only going to reinstate my 401k and pension vesting schedules, they were going to turn the vesting schedule back on almost 3 months prior to my start date). I conducted my phone interviews for the position the next day, and the following day I was offered the role. I was to start working for my former company again literally one day before my unemployment was supposed to run out. After passing my former company’s background and drug tests, I reneged on my acceptance of work at the other company that offered me a job. Although I tried to remain professional, it became apparent that reneging on the role had severed opportunities for me there. A week later, the recruiter from my former company contacted me indicating that "due to the state of the economy, brexit, and the stumbling stock prices, they can’t afford to have me and need to rescind the offer made." My former company took away work from me twice in the same year. I was left once again unemployed with no prospects on the table. My former company also made an error and told the state that I had started working for them again on the day I was supposed to (after telling me a week and a half earlier that the offer was cancelled). I had to contact the state, get my former company to correct the error (and I got it in writing from the state that it was my former company’s error). I’ve been unemployed ever since trying to find compatible work. I’ve tried talking to a few lawyers, but they each couldn’t assure me of having a case but wanted me to pay for their research (which as unemployed, I couldn’t do). I tried legal aid from the state, but they don’t cover my type of case. Can anyone tell me if I really have a case or not? My former company has essentially ruined my life numerous times this year and I’m still struggling to find work. I have everything in writing (except for the vesting schedules being reinstated prior to my start date). Thanks in advance. | da035gm | da001g9 | 1,479,147,309 | 1,479,143,484 | 18 | 5 | Sounds like you're boned. Moral of the story is only return to a company that laid you off if you're desperate. | Did you have an employment contract or union agreement? If you were an at-will employee, it's highly unlikely you can pursue your former employer for anything. | 1 | 3,825 | 3.6 |
esexfj | legaladvice_train | 0.82 | Am I legally allowed to use pepper spray on someone that lives with me if they physically assaulting me? (Closed fist strikes, chokehold, etc) This is the only realistic way I can defend myself as this person is much stronger and bigger than me. I’m scared that even if I get beaten blue the police will take the aggressors side(which has happened in the past). What are, if any, any legal repercussions? Do I need video evidence of the person in question striking me before I can even consider obtaining pepper spray to defend myself? The obvious answer is to just get myself out of this current situation however that is not presently possible, nor will be for some time. | ff9tr7w | ff9lriq | 1,579,721,087 | 1,579,715,666 | 44 | 17 | Non-legal info, deploying pepper spray indoors is a GIANT mess. It's going to get in your eyes/nose/mouth too because it aeresolizes regardless of where you're aiming (though it's obviously mostly in the direction of aim). It's also going to need to be cleaned off basically everything in the room, and it's oily... | You can use any means reasonably necessary to protect yourself, mace included. You do not need video evidence or any other caveats prior to using reasonably necessary force to protect yourself BUT it would certainly help prove the force was in fact reasonably necessary should you go to court or be approached by law enforcement. If you think you are in a dangerous situation, you need to be thinking of other things to do besides understanding whether you can use mace. | 1 | 5,421 | 2.588235 |
7e98yx | legaladvice_train | 0.88 | [Ontario, Canada] My (28F) mother (62F) has taken out a second mortgage to finance a romantic interest that she's never met. She's obviously being scammed. What can I do to help? My family hasn't been in the greatest financial situation since my dad passed away 6 years ago. My mom has been lonely and is very naive. Recently, after meeting a man online, my mother told me that she's sent him upwards of $200 000 to "help him with fees" so that he can come to Canada. The mortgage is in her name only. I am livid. My brother (26M) and I have constantly warned her of the dangers of meeting someone online. What irritates me most is that she made such a huge decision without consulting her grown children. We all live together and help with living expenses as much as we can. My brother and I are finally becoming more financially stable. I don't know what type of recourse I have here. I also don't know the details of their communication, or whether she'd be willing to share the details at this point. She's embarrassed, but still believes that this man cares for her. She's even trying to ask us for $5000, which is the last sum needed for him to come here and "fix all of our financial worries". I know that we're at a loss, and I've refused to give her any money to support this situation. We've also been trying to sell our house, so this has a huge effect on the return that we would receive. Would the authorities be able to help? Should I speak to a lawyer? TL; DR: My mom sent a scammer a large amount of money because she is lonely and very naive. I don't know what to do. | dq3b0cu | dq3bhb9 | 1,511,188,552 | 1,511,189,150 | 33 | 53 | You cannot do anything. She's free to make her own (albeit stupid) financial decisions. Sorry. | First, the money is gone, sorry. You may be able to petition a court to obtain financial guardianship over your mother if you can show she has posed a pathologic risk to her well-being with vulnerability to scams and gullible decisions. | 0 | 598 | 1.606061 |
cambyj | legaladvice_train | 0.78 | [CO] Cop Neighbor Shooting Guns in his Backyard within City Limits of Denver My next door neighbor is a police officer with the Denver Police Department. I believe his job choice has allowed him to feel entitled to do basically what ever he wants, for example, his girlfriend breaks up with him about once a month he then spends several nights playing his electric guitar with the door open after 10 pm which violates Denver sound ordinances (Denver Code of Ordinances, Ch 38,Art IV, Division 1, Section 38-101). But even more concerning than that, generally around the 4th of July he decides to go into his back yard and shoot his guns (Denver Code of Ordinances, Ch 38,Art IV, Division 1, Section 38-121). Last night was the night he decided to do this again, and from the sound of it he is discharging several different firearms. I am concerned, I have kids that could be injured or killed by his stupidity. I don't know if this is the right place to post this, I just didn't know where to go. I'm not exactly sure what the options are. I have a very healthy distrust of the police as is, so who are you supposed to call when the illegal activity is being perpetrated by a cop? I don't want to call 911 (I don't believe in calling the cops anyway) because I am worried that he would be able to find out who reported him to his buddies. Are there any methods of legally reporting him without involving the cops? | et9ki0e | et9lk12 | 1,562,599,105 | 1,562,599,827 | 45 | 51 | 1) call the police when someone is doing something illegal. 2) complain to internal affairs but, if you don't want to involve the police, i'm not sure what you want | >Are there any methods of legally reporting him without involving the cops? I mean, sure. You could report him to the state cosmetology board, or the county health department, and they'll promptly do nothing, because the proper organization to contact when people shoot guns randomly is...the police. So you would file a complaint with the Office of the Independent Monitor. Your other option is to write a country song about this and go jam with him next time his girlfriend leaves him. How good are you at the drums? | 0 | 722 | 1.133333 |
cambyj | legaladvice_train | 0.78 | [CO] Cop Neighbor Shooting Guns in his Backyard within City Limits of Denver My next door neighbor is a police officer with the Denver Police Department. I believe his job choice has allowed him to feel entitled to do basically what ever he wants, for example, his girlfriend breaks up with him about once a month he then spends several nights playing his electric guitar with the door open after 10 pm which violates Denver sound ordinances (Denver Code of Ordinances, Ch 38,Art IV, Division 1, Section 38-101). But even more concerning than that, generally around the 4th of July he decides to go into his back yard and shoot his guns (Denver Code of Ordinances, Ch 38,Art IV, Division 1, Section 38-121). Last night was the night he decided to do this again, and from the sound of it he is discharging several different firearms. I am concerned, I have kids that could be injured or killed by his stupidity. I don't know if this is the right place to post this, I just didn't know where to go. I'm not exactly sure what the options are. I have a very healthy distrust of the police as is, so who are you supposed to call when the illegal activity is being perpetrated by a cop? I don't want to call 911 (I don't believe in calling the cops anyway) because I am worried that he would be able to find out who reported him to his buddies. Are there any methods of legally reporting him without involving the cops? | et9lk12 | et9kmzv | 1,562,599,827 | 1,562,599,203 | 51 | 18 | >Are there any methods of legally reporting him without involving the cops? I mean, sure. You could report him to the state cosmetology board, or the county health department, and they'll promptly do nothing, because the proper organization to contact when people shoot guns randomly is...the police. So you would file a complaint with the Office of the Independent Monitor. Your other option is to write a country song about this and go jam with him next time his girlfriend leaves him. How good are you at the drums? | When someone is breaking the law, you call the police. If someone is breaking the law and you "don't believe in calling the police" then you live with it. Yes, he could find out who called if you tell them who you are. But anonymous reports will have a lesser effect because if he's not still shooting/playing the guitar when the police arrive, they don't have a witness to the crime that they can have testify about what happened. | 1 | 624 | 2.833333 |
cambyj | legaladvice_train | 0.78 | [CO] Cop Neighbor Shooting Guns in his Backyard within City Limits of Denver My next door neighbor is a police officer with the Denver Police Department. I believe his job choice has allowed him to feel entitled to do basically what ever he wants, for example, his girlfriend breaks up with him about once a month he then spends several nights playing his electric guitar with the door open after 10 pm which violates Denver sound ordinances (Denver Code of Ordinances, Ch 38,Art IV, Division 1, Section 38-101). But even more concerning than that, generally around the 4th of July he decides to go into his back yard and shoot his guns (Denver Code of Ordinances, Ch 38,Art IV, Division 1, Section 38-121). Last night was the night he decided to do this again, and from the sound of it he is discharging several different firearms. I am concerned, I have kids that could be injured or killed by his stupidity. I don't know if this is the right place to post this, I just didn't know where to go. I'm not exactly sure what the options are. I have a very healthy distrust of the police as is, so who are you supposed to call when the illegal activity is being perpetrated by a cop? I don't want to call 911 (I don't believe in calling the cops anyway) because I am worried that he would be able to find out who reported him to his buddies. Are there any methods of legally reporting him without involving the cops? | et9lk12 | et9l775 | 1,562,599,827 | 1,562,599,585 | 51 | 11 | >Are there any methods of legally reporting him without involving the cops? I mean, sure. You could report him to the state cosmetology board, or the county health department, and they'll promptly do nothing, because the proper organization to contact when people shoot guns randomly is...the police. So you would file a complaint with the Office of the Independent Monitor. Your other option is to write a country song about this and go jam with him next time his girlfriend leaves him. How good are you at the drums? | I know that this is a crazy approach, but bear with me. Have you tried talking to him? He may not be an unreasonable person. | 1 | 242 | 4.636364 |
hfmrrd | legaladvice_train | 0.94 | Neighbor across the street has a homeless camp in the backyard and is drug dealing all day and night My grandma’s neighbor is a drug user and usually out of his mind. He is now running a homeless camp in his backyard and sharing needles/doing drugs. All day and night more and more people show up and walk in between the house to the backyard. They always have black baggies and needles in their hand and when they walk out they can barely keep their balance. My grandma lives alone and is getting nervous about the people coming around because they are starting to take interest in her home. We’ve called the police, they said they can’t do anything, we called the city and they’ve come out twice but didn’t do anything. It’s to a point where homeless people are showing up and walking in between the wrong house looking for the right backyard. I’m in California for reference. Is there anything we can do? I’m concerned for my grandmas safety, she can’t go out to water anymore because she’s afraid. | fvzodzc | fvzcv7i | 1,593,116,578 | 1,593,111,061 | 38 | 28 | Contact your local elected representative and ask why the police department has elected to not enforce laws involving tresspassing, vagrancy or distribution of narcotics. Make sure you have copies of your police report or a run #. | The local health department might be interested in where all those people are using the restroom if they are actually living in the back yard. | 1 | 5,517 | 1.357143 |
hfmrrd | legaladvice_train | 0.94 | Neighbor across the street has a homeless camp in the backyard and is drug dealing all day and night My grandma’s neighbor is a drug user and usually out of his mind. He is now running a homeless camp in his backyard and sharing needles/doing drugs. All day and night more and more people show up and walk in between the house to the backyard. They always have black baggies and needles in their hand and when they walk out they can barely keep their balance. My grandma lives alone and is getting nervous about the people coming around because they are starting to take interest in her home. We’ve called the police, they said they can’t do anything, we called the city and they’ve come out twice but didn’t do anything. It’s to a point where homeless people are showing up and walking in between the wrong house looking for the right backyard. I’m in California for reference. Is there anything we can do? I’m concerned for my grandmas safety, she can’t go out to water anymore because she’s afraid. | fvzodzc | fvzm97w | 1,593,116,578 | 1,593,115,543 | 38 | 13 | Contact your local elected representative and ask why the police department has elected to not enforce laws involving tresspassing, vagrancy or distribution of narcotics. Make sure you have copies of your police report or a run #. | Suggestions while the legal side is sorted, get as tall and secure a fence as local ordinance allows, solid to deter snooping, as well as giving peace of mind to her not having to see the activity and cause her anxiety. Call a professional fence installation company and have them come out and see the problem and give recommendations. They deal with security issues for homes and businesses all the time and are familiar with fence ordinances. A free evaluation by a home security company might be helpful as well, to point out things that can be improved while the rest is sorted. I second the other recommendations to call the health department about a drug camp in a residential neighborhood. The city social worker or adult protective services may take a report as well, or perhaps have suggestions for you on who to contact. Best of luck to you! | 1 | 1,035 | 2.923077 |
hfmrrd | legaladvice_train | 0.94 | Neighbor across the street has a homeless camp in the backyard and is drug dealing all day and night My grandma’s neighbor is a drug user and usually out of his mind. He is now running a homeless camp in his backyard and sharing needles/doing drugs. All day and night more and more people show up and walk in between the house to the backyard. They always have black baggies and needles in their hand and when they walk out they can barely keep their balance. My grandma lives alone and is getting nervous about the people coming around because they are starting to take interest in her home. We’ve called the police, they said they can’t do anything, we called the city and they’ve come out twice but didn’t do anything. It’s to a point where homeless people are showing up and walking in between the wrong house looking for the right backyard. I’m in California for reference. Is there anything we can do? I’m concerned for my grandmas safety, she can’t go out to water anymore because she’s afraid. | fvzodzc | fvzcz0g | 1,593,116,578 | 1,593,111,111 | 38 | 3 | Contact your local elected representative and ask why the police department has elected to not enforce laws involving tresspassing, vagrancy or distribution of narcotics. Make sure you have copies of your police report or a run #. | you need to escalate with the authorities, | 1 | 5,467 | 12.666667 |
hfmrrd | legaladvice_train | 0.94 | Neighbor across the street has a homeless camp in the backyard and is drug dealing all day and night My grandma’s neighbor is a drug user and usually out of his mind. He is now running a homeless camp in his backyard and sharing needles/doing drugs. All day and night more and more people show up and walk in between the house to the backyard. They always have black baggies and needles in their hand and when they walk out they can barely keep their balance. My grandma lives alone and is getting nervous about the people coming around because they are starting to take interest in her home. We’ve called the police, they said they can’t do anything, we called the city and they’ve come out twice but didn’t do anything. It’s to a point where homeless people are showing up and walking in between the wrong house looking for the right backyard. I’m in California for reference. Is there anything we can do? I’m concerned for my grandmas safety, she can’t go out to water anymore because she’s afraid. | fvzm97w | fvzcz0g | 1,593,115,543 | 1,593,111,111 | 13 | 3 | Suggestions while the legal side is sorted, get as tall and secure a fence as local ordinance allows, solid to deter snooping, as well as giving peace of mind to her not having to see the activity and cause her anxiety. Call a professional fence installation company and have them come out and see the problem and give recommendations. They deal with security issues for homes and businesses all the time and are familiar with fence ordinances. A free evaluation by a home security company might be helpful as well, to point out things that can be improved while the rest is sorted. I second the other recommendations to call the health department about a drug camp in a residential neighborhood. The city social worker or adult protective services may take a report as well, or perhaps have suggestions for you on who to contact. Best of luck to you! | you need to escalate with the authorities, | 1 | 4,432 | 4.333333 |
8bmge5 | legaladvice_train | 0.98 | [PA] Neighbor kid got bit by stray cat that hangs out in our backyard and had to get rabies shots. Parents want us to pay. So, me and my boyfriend live together in a row home. There's a narrow alley in back that runs down the length of our street, and like most alleys in this neighborhood, there are stray cats that hang out there. Our block has one cat in particular that I'm pretty sure is feral because it has a clipped ear and starts hissing as soon as it sees a human. It likes to sun itself on our patio table. We see it in our yard most days, but we never feed it or put out bedding or toys for it or anything like that. Last week, our next door neighbor knocked and told me that the cat had been in her yard and it bit her son. She wanted to know if it had its rabies shot. I told her that I didn't know because it was a stray, the clipped ear usually means it had a shot at some point, but I think they need boosters after a while. She got kind of upset and asked why we were letting a cat that might have rabies hang out on our property, we should have called animal control or trapped the cat and turned it into the animal welfare society. I wasn't really sure how to respond at the moment, so I said something like 'oh, yeah, maybe someone should do that' and pretended someone was calling me. Yesterday, both of the kid's parents came to the door. The husband told me that their son had to get a bunch of shots to prevent rabies and it was expensive, and that they felt that my boyfriend and I needed to reimburse them for it. They said he still needs one more shot next week, and they'd bring us the final bill then. I said again that it's not our cat, but he said that we had accepted responsibility for it by letting it stay on our property. I pointed out that it's not like the cat lives exclusively in our yard, I see it in other people's yards and under their cars and stuff all the time. He said 'I'm not here to argue, you know what you need to do, we'll drop the bill off sometime next week' and left. Are we actually responsible for this stupid cat??? I could maybe see their point if were doing stuff to attract it, but like I said, we're not. Unless you count having a patio table as a cat magnet. It's true that we haven't done anything to get rid of it, but then, it seems nobody else has either. I don't see how we would have any more responsibility to control it than the rest of the neighbors, although I'm not an expert in cat law. Do we need to pay them for the rabies shots? Are we legally required to call animal control for strays, or to somehow get rid of them? Please help! | dx7x395 | dx80maw | 1,523,497,214 | 1,523,500,622 | 384 | 447 | If it's a feral cat that can normally be found in random people's yards in the neighborhood at any given moment, and you don't feed it or anything, I can't see how you could possibly be to blame. Just because they've seen it in your yard a couple times? Lol no. That's what wild animals do. They go where they want. It's probably been in their yard a bunch of times too. By their logic, it must be their cat, if it was in their yard to bite their child. Tell them to pound sand. If they sue you, you need to show up and defend yourself, but I doubt they'll win. | If this is in Philly, the shelter will just release it back to the neighborhood it’s found in. It’s a Trap-Neuter-Release cat if it’s been ear tipped, and that’s what they generally do with those as they’re typically behaviorally unadoptable. Information on this can be found on ACCT philly’s website. | 0 | 3,408 | 1.164063 |
8bmge5 | legaladvice_train | 0.98 | [PA] Neighbor kid got bit by stray cat that hangs out in our backyard and had to get rabies shots. Parents want us to pay. So, me and my boyfriend live together in a row home. There's a narrow alley in back that runs down the length of our street, and like most alleys in this neighborhood, there are stray cats that hang out there. Our block has one cat in particular that I'm pretty sure is feral because it has a clipped ear and starts hissing as soon as it sees a human. It likes to sun itself on our patio table. We see it in our yard most days, but we never feed it or put out bedding or toys for it or anything like that. Last week, our next door neighbor knocked and told me that the cat had been in her yard and it bit her son. She wanted to know if it had its rabies shot. I told her that I didn't know because it was a stray, the clipped ear usually means it had a shot at some point, but I think they need boosters after a while. She got kind of upset and asked why we were letting a cat that might have rabies hang out on our property, we should have called animal control or trapped the cat and turned it into the animal welfare society. I wasn't really sure how to respond at the moment, so I said something like 'oh, yeah, maybe someone should do that' and pretended someone was calling me. Yesterday, both of the kid's parents came to the door. The husband told me that their son had to get a bunch of shots to prevent rabies and it was expensive, and that they felt that my boyfriend and I needed to reimburse them for it. They said he still needs one more shot next week, and they'd bring us the final bill then. I said again that it's not our cat, but he said that we had accepted responsibility for it by letting it stay on our property. I pointed out that it's not like the cat lives exclusively in our yard, I see it in other people's yards and under their cars and stuff all the time. He said 'I'm not here to argue, you know what you need to do, we'll drop the bill off sometime next week' and left. Are we actually responsible for this stupid cat??? I could maybe see their point if were doing stuff to attract it, but like I said, we're not. Unless you count having a patio table as a cat magnet. It's true that we haven't done anything to get rid of it, but then, it seems nobody else has either. I don't see how we would have any more responsibility to control it than the rest of the neighbors, although I'm not an expert in cat law. Do we need to pay them for the rabies shots? Are we legally required to call animal control for strays, or to somehow get rid of them? Please help! | dx8a85z | dx8a81k | 1,523,512,894 | 1,523,512,888 | 82 | 29 | By their logic, the cat was *theirs,* and their responsibility, since it was in their yard when it bit their kid. I am not a lawyer, so take that with a grain of salt. Make sure you engage a lawyer, if you get served. | Tell them it's not your cat, you don't interact with it as it's feral. And tell them to teach their kid to approach animals that will give warning signs, like this one does with hissing. | 1 | 6 | 2.827586 |
cq9teb | legaladvice_train | 0.92 | [TX] Sister’s ex boy friend has been harassing her, and is now claiming he can get her fired if she doesn’t get back with him. Changing some details to obscure my sisters identity. My sister just started an awesome job, three or so months ago working with children as a teacher. She loves the job, and wants to make a career out of it. Last month, she broke up with her Ex after a rocky relationship. Last week, the ex started sending her nonstop calls and texts from random numbers (at least 4 different phones afaik), she blocked some but doesn’t have time to check her phone or block numbers while she works. She’s told him repeatedly to leave her alone. Last night, he sent her a text/call, saying he was going to show up at her work to talk with her. My sister never saw him, but this morning he sent texts that said, “I’m going to get you fired from your job if you don’t talk with me” and “you know I can, too.” I’ve told my mom and sister she needs to file for a restraining order or something... but does she have enough of a reason to do so? How do we get this dude to leave her alone? | ewv1e9p | ewus108 | 1,565,796,499 | 1,565,790,258 | 14 | 11 | In addition to what others have said, she should start documenting his behavior. Date, time, place, what happened, phone numbers, pictures or screen grabs of the texts - in an Excel sheet or something similar. If it comes to the point where she asks for a restraining order, that will serve as her documentation. Go as far back as you can with details. For the RO, she needs to go to her county court website. She should be able to find the paperwork needed to file an RO. If she is confused, call the court and they can direct her. Fill everything out at home and attach the timeline/docs you have put together. Follow the court instructions for how to apply. In my state petitioners go to an office in the courthouse with their completed docs, the office reviews to see they are complete and then they send the papers up to a judge. If the judge agrees a court date is issued. Then the petitioner goes to the Sheriff (same building) and presents a set of the docs and the Sheriff serves the other party. If you get this far, post again for tips on the actual court day. Remember, an RO is a civil action, she doesn't need permission by the police to get one. She can (and should) seek this on her own if she feel harassed or in danger. Further, once she has an RO and the other party violates it, THEN the police have a reason to get involved. | File harassment/stalking charges and let the school be aware. He’s a Narc. Can’t loose his control...tell her to grey rock him. Ignore 100%. They feed off of attention/interaction... definitely get law enforcement and the legal system involved. | 1 | 6,241 | 1.272727 |
7nfahd | legaladvice_train | 0.94 | Unable to give notice of eviction for tenant given no response to communication methods given I am in North Carolina, I've been renting one of the bedrooms in the townhouse that I live in to a tenant for a little over a year. He electronically signed a lease created by Rocket Lawyer which he has violated the terms of in multiple ways. Halfway through last month he took his dogs and left with bags packed and no explanation. He has not responded to the phone number and e-mail address he's given me. I collect rent from him monthly through a web service that tracks it and today he is three months behind in rent. He has left a bedroom full of stuff including a bed, large television, and laptop. I would like to have all of his items removed and to rent out the room to someone else, however I am unable to contact him to give notice of eviction. Are there any legal steps I should take before having his items removed by a junk service? Thank you for your time. | ds1gfxj | ds1cxid | 1,514,824,622 | 1,514,819,013 | 53 | 51 | You need an attorney to walk you through proper eviction of this guy because taking possession of an apparently abandoned property is one of the biggest minefields for landlords. First, you need to fully and completely evict this tenant all the way through to the sheriff executing a writ of possession in your presence. This is critical as it will limit or eliminate your liability for the personal possessions the tenant has abandoned in your unit. Second, you need to dispose of abandoned property exactly as specified by state law. This may be as simple as moving the items to the property line after the writ is executed or you may have some requirement to store the items and attempt to notify the tenant. | Self-help is bad. However, does your lease contain an abandonment clause, or is there anything in your state law that codifies when abandonment has occurred? You may not need to go to court to get an eviction; you may just need to store his stuff for whatever period of time the law specifies, *document as much*, and then dispose of it in whatever fashion the law indicates. | 1 | 5,609 | 1.039216 |
7nfahd | legaladvice_train | 0.94 | Unable to give notice of eviction for tenant given no response to communication methods given I am in North Carolina, I've been renting one of the bedrooms in the townhouse that I live in to a tenant for a little over a year. He electronically signed a lease created by Rocket Lawyer which he has violated the terms of in multiple ways. Halfway through last month he took his dogs and left with bags packed and no explanation. He has not responded to the phone number and e-mail address he's given me. I collect rent from him monthly through a web service that tracks it and today he is three months behind in rent. He has left a bedroom full of stuff including a bed, large television, and laptop. I would like to have all of his items removed and to rent out the room to someone else, however I am unable to contact him to give notice of eviction. Are there any legal steps I should take before having his items removed by a junk service? Thank you for your time. | ds1yizb | ds1r43e | 1,514,846,731 | 1,514,837,742 | 19 | 14 | In North Carolina, you have to file for a summary ejectment in the court system. The judge will want to see a lease, as well as accounting records of what has an has not been paid. Your software should provide that. You are required to send them a 10 day pay or quit notice to their last known address (your house). That should be certified mail, and bring that receipt and copy of the letter to court with you. In court, you’ll hopefully get a “possession” judgement from the judge, the tenant has 10 days to appeal. If they don’t appeal, but still haven’t moved out, you have to file a “writ of possession” through the court. Once filed, the sheriffs office of that county will call you to schedule a lock out date. The sheriff will meet you at the property, ensure they are not still in the property, allow you time to change the locks if needed, and put a notice on the door. If there are belongings left in the home, the tenant has 7 days to schedule an appointment with you to remove those items during normal business hours. I believe that extends to 10 days if the items left behind could be perceived to be worth more than 500 dollars. If they don’t do that, then you are free to dispose or donate their belongings and charge them for that cost. Things to remember: 1) you cannot lock them out of their home until the sherif meets you at the home. That is called an illegal eviction. 2) you cannot remove their items from their home until that 10 day window after the writ expires. So go through the process, but expect it to take about 45 days. South Carolina is different, so if you’re on the boarder, make sure you are operating correctly for the state you’re in. I was a professional landlord in north and South Carolina for 3 years and processed many many evictions (sometimes people hire professional landlords specifically to have us evict problem tenants...usually family members. I used an attorney firm specifically for evictions, however this specific firm doesn’t offer services for non-professional landlords. Evictions are 60% of the reason i left that industry and went back to corporate America. The other 40% was due to how terrible people are) EDIT: oh! I almost forgot the fun part! To evict someone in N.C., you are REQUIRED to have their full social and birthdate so the court can verify they aren’t active duty. If you don’t have either of those, good luck! You’re SOL. we had some owners in eviction limbo for over a year because when they rented to their tenants, they didn’t collect or keep that information. | You will need to evict him. You will not personally serve your tenant with a summons when you file an eviction case, see here for how a summons is served in an eviction case. If you are not 100% certain how to evict your tenant, and how to dispose of his property, you should seek the assistance of a lawyer as doing this incorrectly can be a crime. | 1 | 8,989 | 1.357143 |
7nfahd | legaladvice_train | 0.94 | Unable to give notice of eviction for tenant given no response to communication methods given I am in North Carolina, I've been renting one of the bedrooms in the townhouse that I live in to a tenant for a little over a year. He electronically signed a lease created by Rocket Lawyer which he has violated the terms of in multiple ways. Halfway through last month he took his dogs and left with bags packed and no explanation. He has not responded to the phone number and e-mail address he's given me. I collect rent from him monthly through a web service that tracks it and today he is three months behind in rent. He has left a bedroom full of stuff including a bed, large television, and laptop. I would like to have all of his items removed and to rent out the room to someone else, however I am unable to contact him to give notice of eviction. Are there any legal steps I should take before having his items removed by a junk service? Thank you for your time. | ds1yizb | ds1ty40 | 1,514,846,731 | 1,514,841,072 | 19 | 5 | In North Carolina, you have to file for a summary ejectment in the court system. The judge will want to see a lease, as well as accounting records of what has an has not been paid. Your software should provide that. You are required to send them a 10 day pay or quit notice to their last known address (your house). That should be certified mail, and bring that receipt and copy of the letter to court with you. In court, you’ll hopefully get a “possession” judgement from the judge, the tenant has 10 days to appeal. If they don’t appeal, but still haven’t moved out, you have to file a “writ of possession” through the court. Once filed, the sheriffs office of that county will call you to schedule a lock out date. The sheriff will meet you at the property, ensure they are not still in the property, allow you time to change the locks if needed, and put a notice on the door. If there are belongings left in the home, the tenant has 7 days to schedule an appointment with you to remove those items during normal business hours. I believe that extends to 10 days if the items left behind could be perceived to be worth more than 500 dollars. If they don’t do that, then you are free to dispose or donate their belongings and charge them for that cost. Things to remember: 1) you cannot lock them out of their home until the sherif meets you at the home. That is called an illegal eviction. 2) you cannot remove their items from their home until that 10 day window after the writ expires. So go through the process, but expect it to take about 45 days. South Carolina is different, so if you’re on the boarder, make sure you are operating correctly for the state you’re in. I was a professional landlord in north and South Carolina for 3 years and processed many many evictions (sometimes people hire professional landlords specifically to have us evict problem tenants...usually family members. I used an attorney firm specifically for evictions, however this specific firm doesn’t offer services for non-professional landlords. Evictions are 60% of the reason i left that industry and went back to corporate America. The other 40% was due to how terrible people are) EDIT: oh! I almost forgot the fun part! To evict someone in N.C., you are REQUIRED to have their full social and birthdate so the court can verify they aren’t active duty. If you don’t have either of those, good luck! You’re SOL. we had some owners in eviction limbo for over a year because when they rented to their tenants, they didn’t collect or keep that information. | Go find a landlord's attorney, not a tenant's attorney. Evictions are a pain. At a high level you have a couple routes for eviction. 1) Non-payment. You can send a pay or quit notice to him. It will give him a few days to pay or you can move forward with the eviction. This is the fastest way but he can "fix" it by paying all rent owed. A notice on his door, with a copy sent to his email on record, and a voicemail will likely serve as sufficient notice, but ask your lawyer. 2) Send him a cure or quit notice. Basically, it's a legal "knock-off the crap or leave" notice. These usually take longer (30,60,90 days) but will also get him out. You can also see about non-renewal for violating the lease terms. 3) Proceed with a claim of abandonment. It means he's fucked off somewhere else. This is harder to prove since he's only been gone for 2 weeks around Christmas, but you could argue that 3 months past due, packed up, removed dogs and didn't mention where he was going is intent to abandon. Regardless, do the other two instead of this since they'll be easier and quicker. | 1 | 5,659 | 3.8 |
7nfahd | legaladvice_train | 0.94 | Unable to give notice of eviction for tenant given no response to communication methods given I am in North Carolina, I've been renting one of the bedrooms in the townhouse that I live in to a tenant for a little over a year. He electronically signed a lease created by Rocket Lawyer which he has violated the terms of in multiple ways. Halfway through last month he took his dogs and left with bags packed and no explanation. He has not responded to the phone number and e-mail address he's given me. I collect rent from him monthly through a web service that tracks it and today he is three months behind in rent. He has left a bedroom full of stuff including a bed, large television, and laptop. I would like to have all of his items removed and to rent out the room to someone else, however I am unable to contact him to give notice of eviction. Are there any legal steps I should take before having his items removed by a junk service? Thank you for your time. | ds1n4sc | ds1yizb | 1,514,833,054 | 1,514,846,731 | 4 | 19 | This may help with the property. Err on the side of caution here. | In North Carolina, you have to file for a summary ejectment in the court system. The judge will want to see a lease, as well as accounting records of what has an has not been paid. Your software should provide that. You are required to send them a 10 day pay or quit notice to their last known address (your house). That should be certified mail, and bring that receipt and copy of the letter to court with you. In court, you’ll hopefully get a “possession” judgement from the judge, the tenant has 10 days to appeal. If they don’t appeal, but still haven’t moved out, you have to file a “writ of possession” through the court. Once filed, the sheriffs office of that county will call you to schedule a lock out date. The sheriff will meet you at the property, ensure they are not still in the property, allow you time to change the locks if needed, and put a notice on the door. If there are belongings left in the home, the tenant has 7 days to schedule an appointment with you to remove those items during normal business hours. I believe that extends to 10 days if the items left behind could be perceived to be worth more than 500 dollars. If they don’t do that, then you are free to dispose or donate their belongings and charge them for that cost. Things to remember: 1) you cannot lock them out of their home until the sherif meets you at the home. That is called an illegal eviction. 2) you cannot remove their items from their home until that 10 day window after the writ expires. So go through the process, but expect it to take about 45 days. South Carolina is different, so if you’re on the boarder, make sure you are operating correctly for the state you’re in. I was a professional landlord in north and South Carolina for 3 years and processed many many evictions (sometimes people hire professional landlords specifically to have us evict problem tenants...usually family members. I used an attorney firm specifically for evictions, however this specific firm doesn’t offer services for non-professional landlords. Evictions are 60% of the reason i left that industry and went back to corporate America. The other 40% was due to how terrible people are) EDIT: oh! I almost forgot the fun part! To evict someone in N.C., you are REQUIRED to have their full social and birthdate so the court can verify they aren’t active duty. If you don’t have either of those, good luck! You’re SOL. we had some owners in eviction limbo for over a year because when they rented to their tenants, they didn’t collect or keep that information. | 0 | 13,677 | 4.75 |
7nfahd | legaladvice_train | 0.94 | Unable to give notice of eviction for tenant given no response to communication methods given I am in North Carolina, I've been renting one of the bedrooms in the townhouse that I live in to a tenant for a little over a year. He electronically signed a lease created by Rocket Lawyer which he has violated the terms of in multiple ways. Halfway through last month he took his dogs and left with bags packed and no explanation. He has not responded to the phone number and e-mail address he's given me. I collect rent from him monthly through a web service that tracks it and today he is three months behind in rent. He has left a bedroom full of stuff including a bed, large television, and laptop. I would like to have all of his items removed and to rent out the room to someone else, however I am unable to contact him to give notice of eviction. Are there any legal steps I should take before having his items removed by a junk service? Thank you for your time. | ds1r43e | ds1n4sc | 1,514,837,742 | 1,514,833,054 | 14 | 4 | You will need to evict him. You will not personally serve your tenant with a summons when you file an eviction case, see here for how a summons is served in an eviction case. If you are not 100% certain how to evict your tenant, and how to dispose of his property, you should seek the assistance of a lawyer as doing this incorrectly can be a crime. | This may help with the property. Err on the side of caution here. | 1 | 4,688 | 3.5 |
7nfahd | legaladvice_train | 0.94 | Unable to give notice of eviction for tenant given no response to communication methods given I am in North Carolina, I've been renting one of the bedrooms in the townhouse that I live in to a tenant for a little over a year. He electronically signed a lease created by Rocket Lawyer which he has violated the terms of in multiple ways. Halfway through last month he took his dogs and left with bags packed and no explanation. He has not responded to the phone number and e-mail address he's given me. I collect rent from him monthly through a web service that tracks it and today he is three months behind in rent. He has left a bedroom full of stuff including a bed, large television, and laptop. I would like to have all of his items removed and to rent out the room to someone else, however I am unable to contact him to give notice of eviction. Are there any legal steps I should take before having his items removed by a junk service? Thank you for your time. | ds1n4sc | ds1ty40 | 1,514,833,054 | 1,514,841,072 | 4 | 5 | This may help with the property. Err on the side of caution here. | Go find a landlord's attorney, not a tenant's attorney. Evictions are a pain. At a high level you have a couple routes for eviction. 1) Non-payment. You can send a pay or quit notice to him. It will give him a few days to pay or you can move forward with the eviction. This is the fastest way but he can "fix" it by paying all rent owed. A notice on his door, with a copy sent to his email on record, and a voicemail will likely serve as sufficient notice, but ask your lawyer. 2) Send him a cure or quit notice. Basically, it's a legal "knock-off the crap or leave" notice. These usually take longer (30,60,90 days) but will also get him out. You can also see about non-renewal for violating the lease terms. 3) Proceed with a claim of abandonment. It means he's fucked off somewhere else. This is harder to prove since he's only been gone for 2 weeks around Christmas, but you could argue that 3 months past due, packed up, removed dogs and didn't mention where he was going is intent to abandon. Regardless, do the other two instead of this since they'll be easier and quicker. | 0 | 8,018 | 1.25 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htnee5a | htncvc8 | 1,642,798,674 | 1,642,798,128 | 2,122 | 1,289 | I’d review the contract your father had with the original company, but it sounds like the new company is trying to hose you. If the contract doesn’t have any terminology that specifies that they can essentially fuck you, I’d lawyer up. | This is just the Disney issue all over again...Google Disney fight with author over royalties | 1 | 546 | 1.646237 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htnx5lc | htniz4w | 1,642,805,544 | 1,642,800,318 | 879 | 477 | Disney pulled this on many of their authors, and they were sured and forced to settle. Get a consult with an intellectual property lawyer. https://bleedingcool.com/comics/disney-pay-star-wars-novelists-alan-dean-foster/ | It's all in the contract your Dad had. Gotta look at that. It probably has language about successors and/or assigns. | 1 | 5,226 | 1.842767 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htnx5lc | htno518 | 1,642,805,544 | 1,642,802,177 | 879 | 66 | Disney pulled this on many of their authors, and they were sured and forced to settle. Get a consult with an intellectual property lawyer. https://bleedingcool.com/comics/disney-pay-star-wars-novelists-alan-dean-foster/ | This is a situation where you want to go to a lawyer. Companies don't get to stop paying royalties because they don't want to, but that doesn't mean they aren't going to try and are probably hoping you'll drop it (I'm not sure how much he gets in royalties per year). A lawyer should be able to check your dad's contact and see if a new company can terminate royalties, plus they can help you navigate the situation with the new company. | 1 | 3,367 | 13.318182 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htnx5lc | htnuhqb | 1,642,805,544 | 1,642,804,544 | 879 | 62 | Disney pulled this on many of their authors, and they were sured and forced to settle. Get a consult with an intellectual property lawyer. https://bleedingcool.com/comics/disney-pay-star-wars-novelists-alan-dean-foster/ | That's a rather bold legal precedent for NewCo to try to argue with you. Instead of thinking about your dad, swap in Taylor Swift or something and try to ponder how that would work. You think if there wasn't a way to screw artists out of royalties, the music industry wouldn't have discovered that decades ago? If your dad owns the copyright, and his contract makes clear what his rights are - the entire concept of "we bought the rights, but not the responsibilities" is utter horseshit IMO (I am not a lawyer). Sounds like you have the paper contract. I'd head straight to a lawyer's office Monday morning and immediately file a lawsuit (assuming the lawyer agrees) for all the back royalties + 18% annual interest compounded from the transaction date where NewCo acquired the rights from OldCo. Added bonus, try to recoup legal fees too. The goal here is to make your dad financially whole as if none of this had happened. Good luck! Please do post a follow-up here sometime! I'd say odds are once you actually get a decent-tier law firm, and they send their first letter (prior to filing suit) NewCo will suddenly be willing to meet and talk and come to some sort of arrangement. EDIT: Just read your "hyoptheticals" below ... oh my. Well, it sounds like this is a known problem with NewCo and there are other resources to help out there. Wishing you luck! | 1 | 1,000 | 14.177419 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htp2ra0 | htno518 | 1,642,822,710 | 1,642,802,177 | 78 | 66 | IP attorney here. You need to consult with an IP attorney. If you can't find one, a way to start is to call your state bar and ask the person who answers the phone. | This is a situation where you want to go to a lawyer. Companies don't get to stop paying royalties because they don't want to, but that doesn't mean they aren't going to try and are probably hoping you'll drop it (I'm not sure how much he gets in royalties per year). A lawyer should be able to check your dad's contact and see if a new company can terminate royalties, plus they can help you navigate the situation with the new company. | 1 | 20,533 | 1.181818 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htnuhqb | htp2ra0 | 1,642,804,544 | 1,642,822,710 | 62 | 78 | That's a rather bold legal precedent for NewCo to try to argue with you. Instead of thinking about your dad, swap in Taylor Swift or something and try to ponder how that would work. You think if there wasn't a way to screw artists out of royalties, the music industry wouldn't have discovered that decades ago? If your dad owns the copyright, and his contract makes clear what his rights are - the entire concept of "we bought the rights, but not the responsibilities" is utter horseshit IMO (I am not a lawyer). Sounds like you have the paper contract. I'd head straight to a lawyer's office Monday morning and immediately file a lawsuit (assuming the lawyer agrees) for all the back royalties + 18% annual interest compounded from the transaction date where NewCo acquired the rights from OldCo. Added bonus, try to recoup legal fees too. The goal here is to make your dad financially whole as if none of this had happened. Good luck! Please do post a follow-up here sometime! I'd say odds are once you actually get a decent-tier law firm, and they send their first letter (prior to filing suit) NewCo will suddenly be willing to meet and talk and come to some sort of arrangement. EDIT: Just read your "hyoptheticals" below ... oh my. Well, it sounds like this is a known problem with NewCo and there are other resources to help out there. Wishing you luck! | IP attorney here. You need to consult with an IP attorney. If you can't find one, a way to start is to call your state bar and ask the person who answers the phone. | 0 | 18,166 | 1.258065 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htp2ra0 | htoy7lq | 1,642,822,710 | 1,642,820,733 | 78 | 58 | IP attorney here. You need to consult with an IP attorney. If you can't find one, a way to start is to call your state bar and ask the person who answers the phone. | If this was Disney and your father was being paid royalties for one of their recently acquired flagship genre brands, you may also want to see if you can get in touch with the SFWA about this (contact page here: https://www.sfwa.org/feedback/) because even if he wasn't a member, they've been dealing with similar situations with their own members and may be able to at least get you connected to the right resources. | 1 | 1,977 | 1.344828 |
s9k7lh | legaladvice_train | 0.99 | Big company bought a brand which paid my father royalties, and has stopped paying him royalties. The company claims they bought the rights, but not the responsibilities. Is this correct? My father wrote material for a brand back in the 1980's/1990's. This brand paid him royalties. He now has advanced Alzheimers disease, and I have taken over his finances to help him manage everything. The brand seems to have ceased paying royalties X number of years ago when it was accrued by a large company. I have spoken with the company who have stated that when they acquired the brand, they got the rights to thr writings, but not the associated responsibilities to pay royalties. Is this actually a thing? Or is my father being taken for a fool? | htp1t5e | htp2ra0 | 1,642,822,296 | 1,642,822,710 | 36 | 78 | No. Its not a thing. Aside from the obvious ethical issues, the legal ramifications of what their claiming is ridiculous. Every company in the world would setup a shell corporation, sell off their IP to the shell, then "rebuy" it to absolve themselves of royalty fees their responsible for. Or have the shell corp license the rights to the IP back to the original company while refusing to accept royalty duties. Edit: The only thing I can think of is that the original company agreed to continue paying the royalties after the sell off. But the main point is that someone should still be paying the royalties owed to your father. | IP attorney here. You need to consult with an IP attorney. If you can't find one, a way to start is to call your state bar and ask the person who answers the phone. | 0 | 414 | 2.166667 |
6x7xk4 | legaladvice_train | 0.79 | Girlfriend has car in her name that won't run but she's still making payments. Salvage yard won't take it due to lien, but I don't want it sitting on my property for months. What can I tell her to do with the damn thing? edit: This is in Iowa | dmdtbd6 | dmeeb32 | 1,504,197,590 | 1,504,219,763 | 9 | 16 | She can pay off the outstanding balance to get the lien released. | What sort of shyster mechanic has she taken it to? I just did a quick google and replacement motors for a Cobalt run about $900 installation can't be more than ~$1000 last motor I had swapped I let them keep the bad motor and paid them $300 but this was a Chevy small block so that's a lot cheaper but still, I think you should revisit the replacement motor approach... | 0 | 22,173 | 1.777778 |
6x7xk4 | legaladvice_train | 0.79 | Girlfriend has car in her name that won't run but she's still making payments. Salvage yard won't take it due to lien, but I don't want it sitting on my property for months. What can I tell her to do with the damn thing? edit: This is in Iowa | dmduwjm | dmeeb32 | 1,504,199,191 | 1,504,219,763 | 5 | 16 | Tell her to have it towed someplace else. | What sort of shyster mechanic has she taken it to? I just did a quick google and replacement motors for a Cobalt run about $900 installation can't be more than ~$1000 last motor I had swapped I let them keep the bad motor and paid them $300 but this was a Chevy small block so that's a lot cheaper but still, I think you should revisit the replacement motor approach... | 0 | 20,572 | 3.2 |
5bn839 | legaladvice_train | 0.77 | NE - My older brother stole my mom's cousin's fentanyl. My mom's cousin called the cops and she told them he stole it. My brother got arrested but no one will tell me what's happening because I'm 17. I'm scared for him | d9py4d3 | d9pv30f | 1,478,546,514 | 1,478,542,937 | 9 | 3 | Fentanyl is scary stuff. I honestly couldn't imagine prescribing it to someone who isn't terminal. That stuff is exponentially more dangerous than heroin. A lethal dose is measured in micrograms. This is super serious business. | He needs a criminal defense lawyer. He should not say anything to the police or anyone else about the incident until he talks with the lawyer and the lawyer tells him what he can say and to whom. | 1 | 3,577 | 3 |
2xr1t4 | legaladvice_train | 0.91 | My mom wants to kick my brother out of her house. He is 16. Can she? In FL My stepdad ran off with one of his patients six months ago but he and my mom have been talking and seeing each other recently. My brother and stepdad don't get along and he told her he would come back when my brother is out of the house. So my mom wants to throw my brother out to get my stepdad back. Isn't that illegal though? | cp2lw0t | cp2lrs7 | 1,425,355,885 | 1,425,355,668 | 95 | 57 | Yes it is. Your mother needs to get a grip frankly. Throwing her own minor child out into the streets in order to get a man back? Really disgusting. But this is /r/legaladvice so she can't do that. | I am not a lawyer. Your mother is obligated, as a matter of law, to feed, educate, care for and house your brother until his is an adult. She can't trade him for your stepfather. | 1 | 217 | 1.666667 |
2xr1t4 | legaladvice_train | 0.91 | My mom wants to kick my brother out of her house. He is 16. Can she? In FL My stepdad ran off with one of his patients six months ago but he and my mom have been talking and seeing each other recently. My brother and stepdad don't get along and he told her he would come back when my brother is out of the house. So my mom wants to throw my brother out to get my stepdad back. Isn't that illegal though? | cp2lw0t | cp2lsu3 | 1,425,355,885 | 1,425,355,723 | 95 | 19 | Yes it is. Your mother needs to get a grip frankly. Throwing her own minor child out into the streets in order to get a man back? Really disgusting. But this is /r/legaladvice so she can't do that. | Yes, very much illegal, not until his 18th birthday, i reccomend calling child services if she tries. | 1 | 162 | 5 |
2xr1t4 | legaladvice_train | 0.91 | My mom wants to kick my brother out of her house. He is 16. Can she? In FL My stepdad ran off with one of his patients six months ago but he and my mom have been talking and seeing each other recently. My brother and stepdad don't get along and he told her he would come back when my brother is out of the house. So my mom wants to throw my brother out to get my stepdad back. Isn't that illegal though? | cp2lx7o | cp2lsu3 | 1,425,355,947 | 1,425,355,723 | 33 | 19 | Are you serious? No, she can't kick your brother out! On the other hand, if he has a decent place to go with people that will treat him like a human, I would get the hell away from these people. Then, after documenting, I would go to child services and report them. | Yes, very much illegal, not until his 18th birthday, i reccomend calling child services if she tries. | 1 | 224 | 1.736842 |
2xr1t4 | legaladvice_train | 0.91 | My mom wants to kick my brother out of her house. He is 16. Can she? In FL My stepdad ran off with one of his patients six months ago but he and my mom have been talking and seeing each other recently. My brother and stepdad don't get along and he told her he would come back when my brother is out of the house. So my mom wants to throw my brother out to get my stepdad back. Isn't that illegal though? | cp2uon1 | cp2m3aa | 1,425,386,172 | 1,425,356,268 | 8 | 2 | Is there any one who would take him in for a few years? A grandmother or aunt or older cousin or family friend? Your mother is legally responsible for your brother until he is 18 - BUT if he's going to be miserable and/or emotionally abused, he really is better off away from her home. I moved out at 16. I had a room in a house lined up for rent, but my grandmother let me have her attic rent free. I lived with my grandparents for 3 years. My younger brother moved out a few months later at 14. He went to his paternal grandparents. They gave him the 3 seasons porch as his bedroom (and a corner of the basement in the winter.) My parents could have forced us home. They could have called the police on us as runaways. We could have forced our way 'back home' by calling Human Services. We did not. In fact, neither my brother or myself have spent a night in their house since. (This was 27 years ago.) It's not legal to kick out your brother, but it might be best FOR HIM if he leaves. Check out /r/raisedbynarcissists and let him know he's not alone. | Where is the father ? | 1 | 29,904 | 4 |
2xr1t4 | legaladvice_train | 0.91 | My mom wants to kick my brother out of her house. He is 16. Can she? In FL My stepdad ran off with one of his patients six months ago but he and my mom have been talking and seeing each other recently. My brother and stepdad don't get along and he told her he would come back when my brother is out of the house. So my mom wants to throw my brother out to get my stepdad back. Isn't that illegal though? | cp30oc9 | cp2m3aa | 1,425,399,985 | 1,425,356,268 | 7 | 2 | This sparked a thought: what are the legal ways to abandon your children? Can you call CPS on yourself and have your kids removed? What about foster care? | Where is the father ? | 1 | 43,717 | 3.5 |
dngjxb | legaladvice_train | 0.77 | My dad keeps kicking my mom out of the house and mentally abusing her So my dad over the years has always accused my mom of being unfaithful, since my dad knows I can dig up dirt on anyone since I got taught by my brother who was a private investigator, he usually made me go though anything my mom had, and now since he keeps abusing my mom and kicks her out for basically thinking she’s with someone else, and I found proof of him being unfaithful since I went through his work phone, his everyday phone, his tablet, his desktop, and his laptop. I found a lot of conversations between him and other women, and I was wondering what kind of legal action I could take on him and also I found out he’s been stalking my mom everytime she goes out, so I basically did what he did and followed him around in a rented car and to my surprise he was stalking her, so is there anything specifically I can do. | f5atuyc | f5al08t | 1,572,113,512 | 1,572,109,407 | 7 | 5 | Your mother has to make the decision to leave. You can do nothing for her until then. | This really isn't any of your business. Your mom can file for divorce if she wants to. | 1 | 4,105 | 1.4 |
nco4qu | legaladvice_train | 0.64 | My aunt is in a vegetative state. Grandma takes care of her in her (my grandma's) house. Grandma is dying, she wants the family to continue taking care of my aunt. When my grandma dies, her nephew (irresponsible) that lives with her will happily own the house, and kick out my sick aunt. We live in California. I want to help my grandma get her wish. She wants us (my mom... the family...) to continue caring for my vegetable (brain dead) aunt in her house. She does not want my aunt to be at the hospital or get cut off from life support. She wants whoever gets to owns the house to take care of my aunt in it. BUT once my grandma dies, her nephew (all he does is drugs and doesn't care about anything), will own the house. He will cut my sick aunt off. I would rather have someone deserving to own the house, like my mom. Can my grandma write some kind of will? Take it to the attorney? | gy657fo | gy65y59 | 1,621,043,139 | 1,621,043,567 | 11 | 19 | Why does the nephew get to own the house once your grandmother dies? | Does grandma fully own the house now? Why would nephew own it? Just living there doesn't grant ownership rights. Now, he *does" live there and is apparently the only tenant (once grandma dies). Grandma's will, especially when nephew disagrees, will need to be probated and that could take a while. Nephew could make access to aunt difficult and could have her placed in a facility. If grandma actually cares about aunt remaining in the home, and if nephew isn't already some kind of part-owner of the house, she needs to get him evicted and a proper caretaker moved in there before she dies, and eviction could take a while. She needs to get on that now. | 0 | 428 | 1.727273 |
923uzj | legaladvice_train | 0.93 | Girlfriends mom used her as a cosigner without asking While at work my girlfriend's mom called her and asked her could she use her as a "reference" specifically so she agreed, thinking it was about a job because she knew she was looking. She calls zback later to ask what job it was for and her mom says it was for a loan and that she had done it before even calling her she first time. Her mom is notoriously bad with money, having had several cars repo'ed and evicted from houses in the past. So if she does it again my girlfriend will be on the hook for it. Is there anything she can do short of pressing charges? If it matters at all, they live in two different states Tennessee (mom) & Alabama (gf) | e32uz96 | e32sy4t | 1,532,624,957 | 1,532,623,310 | 9 | 3 | She needs to check her credit report from here (it's guaranteed by federal law) https://www.annualcreditreport.com/ and make sure Mom hasn't signed her up for anything else. As u/hellonwheelscba noted, it could have been a reference. In which case, don't worry about it, though if Mom doesn't pay, she'll get hounded by phone calls. | What kind of loan? | 1 | 1,647 | 3 |
923uzj | legaladvice_train | 0.93 | Girlfriends mom used her as a cosigner without asking While at work my girlfriend's mom called her and asked her could she use her as a "reference" specifically so she agreed, thinking it was about a job because she knew she was looking. She calls zback later to ask what job it was for and her mom says it was for a loan and that she had done it before even calling her she first time. Her mom is notoriously bad with money, having had several cars repo'ed and evicted from houses in the past. So if she does it again my girlfriend will be on the hook for it. Is there anything she can do short of pressing charges? If it matters at all, they live in two different states Tennessee (mom) & Alabama (gf) | e335ymo | e32sy4t | 1,532,633,918 | 1,532,623,310 | 5 | 3 | You don't ever say that your GF actually signed any loan documents. If that's the case, she is not a cosigner, guarantor or co-borrower — period. If mother forged her signature, report to police and notify credit-grantor that they have a fraudulent transaction. | What kind of loan? | 1 | 10,608 | 1.666667 |
923uzj | legaladvice_train | 0.93 | Girlfriends mom used her as a cosigner without asking While at work my girlfriend's mom called her and asked her could she use her as a "reference" specifically so she agreed, thinking it was about a job because she knew she was looking. She calls zback later to ask what job it was for and her mom says it was for a loan and that she had done it before even calling her she first time. Her mom is notoriously bad with money, having had several cars repo'ed and evicted from houses in the past. So if she does it again my girlfriend will be on the hook for it. Is there anything she can do short of pressing charges? If it matters at all, they live in two different states Tennessee (mom) & Alabama (gf) | e335ymo | e32zmip | 1,532,633,918 | 1,532,628,716 | 5 | 2 | You don't ever say that your GF actually signed any loan documents. If that's the case, she is not a cosigner, guarantor or co-borrower — period. If mother forged her signature, report to police and notify credit-grantor that they have a fraudulent transaction. | If her mother forged her name on the loan and she should file a police report in the DA will decide whether to pursue charges or not. Otherwise she's going to be on the hook for the loan if she's unwilling to do that | 1 | 5,202 | 2.5 |
cuer9m | legaladvice_train | 0.87 | My girlfriend's (18) parents cosigned a lease for her apartment, and will not let me move in. For context, I live in Arizona and I finally got a really good job nearby where my girlfriend lives. Unfortunately, however, both the apartment and the job are about 3 hours away from where I normally live. They called my girlfriend's landlord yesterday and told her that they don't want me to be added onto the lease, and said that because they cosigned then they own the rights to hold that power over us. They claim they like me, but without getting too much into it, they are incredibly controlling over my girlfriend and are basically just clinging onto the last bit of power they have over her. But anyways, is this true? My girlfriend pays all the bills for the apartment, works 2 jobs for it, and is about to start college. Do they have the legal right to make sure I can't live in her room? What should I do from here? | extmhis | extm70q | 1,566,571,300 | 1,566,571,153 | 153 | 22 | Guarantors don't have that power over a lease. I think what they are actually saying is that if you were to move in they would revoke their guarantorship on the lease as soon as they legally can and give your girlfriend a nice big problem. Consult the lease for clauses about adding tenants, having guests, or creating subleases. | She needs to figure out how to add a tenant in compliance with the lease if that's possible. They might be trying to say they asked the landlord to include a clause that forbids additional tenants. | 1 | 147 | 6.954545 |
cuer9m | legaladvice_train | 0.87 | My girlfriend's (18) parents cosigned a lease for her apartment, and will not let me move in. For context, I live in Arizona and I finally got a really good job nearby where my girlfriend lives. Unfortunately, however, both the apartment and the job are about 3 hours away from where I normally live. They called my girlfriend's landlord yesterday and told her that they don't want me to be added onto the lease, and said that because they cosigned then they own the rights to hold that power over us. They claim they like me, but without getting too much into it, they are incredibly controlling over my girlfriend and are basically just clinging onto the last bit of power they have over her. But anyways, is this true? My girlfriend pays all the bills for the apartment, works 2 jobs for it, and is about to start college. Do they have the legal right to make sure I can't live in her room? What should I do from here? | extm6vb | extmhis | 1,566,571,151 | 1,566,571,300 | 4 | 153 | What's the landlord say about this? | Guarantors don't have that power over a lease. I think what they are actually saying is that if you were to move in they would revoke their guarantorship on the lease as soon as they legally can and give your girlfriend a nice big problem. Consult the lease for clauses about adding tenants, having guests, or creating subleases. | 0 | 149 | 38.25 |
cuer9m | legaladvice_train | 0.87 | My girlfriend's (18) parents cosigned a lease for her apartment, and will not let me move in. For context, I live in Arizona and I finally got a really good job nearby where my girlfriend lives. Unfortunately, however, both the apartment and the job are about 3 hours away from where I normally live. They called my girlfriend's landlord yesterday and told her that they don't want me to be added onto the lease, and said that because they cosigned then they own the rights to hold that power over us. They claim they like me, but without getting too much into it, they are incredibly controlling over my girlfriend and are basically just clinging onto the last bit of power they have over her. But anyways, is this true? My girlfriend pays all the bills for the apartment, works 2 jobs for it, and is about to start college. Do they have the legal right to make sure I can't live in her room? What should I do from here? | extm70q | extnc9u | 1,566,571,153 | 1,566,571,716 | 22 | 36 | She needs to figure out how to add a tenant in compliance with the lease if that's possible. They might be trying to say they asked the landlord to include a clause that forbids additional tenants. | Why do you want to be added to the lease? Is there any parts of the lease that state how many consecutive days that you can be there? Not to be rude, putting you on the lease means a bit more of a problem in the event you break up. If you stayed there enough, essentially becoming a tenant, they’d still have to evict you to get you to leave, but at least the rest of the paperwork for the lease is easier. | 0 | 563 | 1.636364 |
cuer9m | legaladvice_train | 0.87 | My girlfriend's (18) parents cosigned a lease for her apartment, and will not let me move in. For context, I live in Arizona and I finally got a really good job nearby where my girlfriend lives. Unfortunately, however, both the apartment and the job are about 3 hours away from where I normally live. They called my girlfriend's landlord yesterday and told her that they don't want me to be added onto the lease, and said that because they cosigned then they own the rights to hold that power over us. They claim they like me, but without getting too much into it, they are incredibly controlling over my girlfriend and are basically just clinging onto the last bit of power they have over her. But anyways, is this true? My girlfriend pays all the bills for the apartment, works 2 jobs for it, and is about to start college. Do they have the legal right to make sure I can't live in her room? What should I do from here? | extnc9u | extm6vb | 1,566,571,716 | 1,566,571,151 | 36 | 4 | Why do you want to be added to the lease? Is there any parts of the lease that state how many consecutive days that you can be there? Not to be rude, putting you on the lease means a bit more of a problem in the event you break up. If you stayed there enough, essentially becoming a tenant, they’d still have to evict you to get you to leave, but at least the rest of the paperwork for the lease is easier. | What's the landlord say about this? | 1 | 565 | 9 |
cuer9m | legaladvice_train | 0.87 | My girlfriend's (18) parents cosigned a lease for her apartment, and will not let me move in. For context, I live in Arizona and I finally got a really good job nearby where my girlfriend lives. Unfortunately, however, both the apartment and the job are about 3 hours away from where I normally live. They called my girlfriend's landlord yesterday and told her that they don't want me to be added onto the lease, and said that because they cosigned then they own the rights to hold that power over us. They claim they like me, but without getting too much into it, they are incredibly controlling over my girlfriend and are basically just clinging onto the last bit of power they have over her. But anyways, is this true? My girlfriend pays all the bills for the apartment, works 2 jobs for it, and is about to start college. Do they have the legal right to make sure I can't live in her room? What should I do from here? | extm6vb | extm70q | 1,566,571,151 | 1,566,571,153 | 4 | 22 | What's the landlord say about this? | She needs to figure out how to add a tenant in compliance with the lease if that's possible. They might be trying to say they asked the landlord to include a clause that forbids additional tenants. | 0 | 2 | 5.5 |
cuer9m | legaladvice_train | 0.87 | My girlfriend's (18) parents cosigned a lease for her apartment, and will not let me move in. For context, I live in Arizona and I finally got a really good job nearby where my girlfriend lives. Unfortunately, however, both the apartment and the job are about 3 hours away from where I normally live. They called my girlfriend's landlord yesterday and told her that they don't want me to be added onto the lease, and said that because they cosigned then they own the rights to hold that power over us. They claim they like me, but without getting too much into it, they are incredibly controlling over my girlfriend and are basically just clinging onto the last bit of power they have over her. But anyways, is this true? My girlfriend pays all the bills for the apartment, works 2 jobs for it, and is about to start college. Do they have the legal right to make sure I can't live in her room? What should I do from here? | extm6vb | extodyb | 1,566,571,151 | 1,566,572,212 | 4 | 6 | What's the landlord say about this? | If the parents signed a guarantee for the lease, they would be responsible for paying the remaining lease payments if your girlfriend is suddenly unable to pay the rent...(or does a midnight move...) | 0 | 1,061 | 1.5 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8bqlvg | g8bq2jh | 1,602,340,625 | 1,602,340,396 | 5,315 | 187 | Making/Distributing/Possessing child porn is a serious crime. | *NOT A LAWYER* If you can trust them not to use this against you, you gotta tell your parents. If not them, a trusted adult. | 1 | 229 | 28.42246 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8brhe1 | g8bq2jh | 1,602,341,004 | 1,602,340,396 | 1,099 | 187 | You need to speak to an attorney. Here are the crimes you describe. * You: child pornography (production of, possession of, distribution of). * Him: child pornography (production of, possession of, presumably distribution of). Filming sex without consent. Extortion/blackmail (depending on what his exact threats were). And if he were to share or post the video, revenge porn, another crime in Michigan. You could contact RAINN.ORG as well ...they can be extremely helpful in giving anonymous advice about what to do. | *NOT A LAWYER* If you can trust them not to use this against you, you gotta tell your parents. If not them, a trusted adult. | 1 | 608 | 5.877005 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8c1oo5 | g8bq2jh | 1,602,345,951 | 1,602,340,396 | 454 | 187 | First, congratulate yourself that he is *already* your ex. You called it! Definitely reach out to rainn.org now for support. You are a minor. You are not in trouble. What he is doing now is *sextortion* and you may need to get an order of protection against him. Also report him to the police. Those steps would serve him right. You probably are not his only victim. | *NOT A LAWYER* If you can trust them not to use this against you, you gotta tell your parents. If not them, a trusted adult. | 1 | 5,555 | 2.427807 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8e5z26 | g8e778i | 1,602,372,982 | 1,602,373,368 | 26 | 28 | Revenge porn is a felony in most states. Report him to your local police dept. You won’t be in trouble. If the police aren’t notified in time, it could be on the internet forever. It’s worth it to report it before it goes too far | Taken from a website: Passed on July 25, 2016, the Michigan Legislature, with wide bipartisan support, made the intentional dissemination of sexually explicit visual material without consent a crime. With passage, Michigan joined 34 other states and the District of Columbia in holding NCP offenders accountable with MCL 750.145e which states: “A person shall not intentionally and with the intent to threaten, coerce, or Intimidate, disseminate any sexually explicit visual material of another person if all of the following conditions apply: a) The other person is not less than 18 years of age. b) The other person is identifiable from the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator. c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private. d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.” Punishment for a first time offender is up to 93 days in jail, a $500.00 fine or both. Subsequent conviction for a violation of MCL 750.145e is up to 1 year in jail, a $1,000.00 fine or both. Is this the first time this has happened? Take these threats to the police. You can’t be charged with this crime since technically you are the victim of a crime. He could also be charged with Criminal Sexual Conduct since you were underage when it happened. | 0 | 386 | 1.076923 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8e778i | g8dhzg0 | 1,602,373,368 | 1,602,365,379 | 28 | 24 | Taken from a website: Passed on July 25, 2016, the Michigan Legislature, with wide bipartisan support, made the intentional dissemination of sexually explicit visual material without consent a crime. With passage, Michigan joined 34 other states and the District of Columbia in holding NCP offenders accountable with MCL 750.145e which states: “A person shall not intentionally and with the intent to threaten, coerce, or Intimidate, disseminate any sexually explicit visual material of another person if all of the following conditions apply: a) The other person is not less than 18 years of age. b) The other person is identifiable from the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator. c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private. d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.” Punishment for a first time offender is up to 93 days in jail, a $500.00 fine or both. Subsequent conviction for a violation of MCL 750.145e is up to 1 year in jail, a $1,000.00 fine or both. Is this the first time this has happened? Take these threats to the police. You can’t be charged with this crime since technically you are the victim of a crime. He could also be charged with Criminal Sexual Conduct since you were underage when it happened. | He would probably go to prison and have to register as a sex offender if he did. I'd let him know that. Him even having those photos is illegal. | 1 | 7,989 | 1.166667 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8e34cd | g8e778i | 1,602,372,080 | 1,602,373,368 | 25 | 28 | Save screenshots of his threatening text and Go to the police. What he is doing is illegal for various reason reasons. Not only is he sextorting a minor, he produced pornography involving a minor. This is serious matter you need to discuss with your parents and the police. Hope your matter resolves quickly and safely. | Taken from a website: Passed on July 25, 2016, the Michigan Legislature, with wide bipartisan support, made the intentional dissemination of sexually explicit visual material without consent a crime. With passage, Michigan joined 34 other states and the District of Columbia in holding NCP offenders accountable with MCL 750.145e which states: “A person shall not intentionally and with the intent to threaten, coerce, or Intimidate, disseminate any sexually explicit visual material of another person if all of the following conditions apply: a) The other person is not less than 18 years of age. b) The other person is identifiable from the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator. c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private. d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.” Punishment for a first time offender is up to 93 days in jail, a $500.00 fine or both. Subsequent conviction for a violation of MCL 750.145e is up to 1 year in jail, a $1,000.00 fine or both. Is this the first time this has happened? Take these threats to the police. You can’t be charged with this crime since technically you are the victim of a crime. He could also be charged with Criminal Sexual Conduct since you were underage when it happened. | 0 | 1,288 | 1.12 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8dhzg0 | g8e5z26 | 1,602,365,379 | 1,602,372,982 | 24 | 26 | He would probably go to prison and have to register as a sex offender if he did. I'd let him know that. Him even having those photos is illegal. | Revenge porn is a felony in most states. Report him to your local police dept. You won’t be in trouble. If the police aren’t notified in time, it could be on the internet forever. It’s worth it to report it before it goes too far | 0 | 7,603 | 1.083333 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8e5z26 | g8e34cd | 1,602,372,982 | 1,602,372,080 | 26 | 25 | Revenge porn is a felony in most states. Report him to your local police dept. You won’t be in trouble. If the police aren’t notified in time, it could be on the internet forever. It’s worth it to report it before it goes too far | Save screenshots of his threatening text and Go to the police. What he is doing is illegal for various reason reasons. Not only is he sextorting a minor, he produced pornography involving a minor. This is serious matter you need to discuss with your parents and the police. Hope your matter resolves quickly and safely. | 1 | 902 | 1.04 |
j8lf1y | legaladvice_train | 0.96 | My (15f) ex boyfriend (17m) has threatened to expose my nudes and a NON CONSENSUAL video of us having sex. Michigan, USA We have been broken up for a few months now. I woke up this morning to see he had texted me, threatening to post my nudes that I was dumb enough to send at the time. But he also had a video of him having sex with me that I did NOT consent to. I had a feeling he had recorded me after, and I asked him directly if he had and he lied to me. I found out about the video a while back, and I asked him to delete it, which he didn’t. I have no idea what to do. Please give me advice. I do not care about the shame. He was the most toxic person I’ve ever been involved with, he cheated on me, would explode at me, and constantly accuse me of things I never did. That guy broke my heart over and over, and I can’t believe he has taken it to this level. | g8dhzg0 | g8e34cd | 1,602,365,379 | 1,602,372,080 | 24 | 25 | He would probably go to prison and have to register as a sex offender if he did. I'd let him know that. Him even having those photos is illegal. | Save screenshots of his threatening text and Go to the police. What he is doing is illegal for various reason reasons. Not only is he sextorting a minor, he produced pornography involving a minor. This is serious matter you need to discuss with your parents and the police. Hope your matter resolves quickly and safely. | 0 | 6,701 | 1.041667 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqkjsnx | hqlpq0c | 1,640,885,915 | 1,640,902,171 | 321 | 1,457 | HIPAA so United States. The employer terminating the employee based on this information almost certainly would violate the Americans With Disabilities Act. The EEOC pursues these violations and for a large employer the costs would include past and future lost wages and benefits, court costs, attorney fees, and a punitive award of $300,000. OP, please report this immediately to your state Attorney General's office. | I'd also give your state's Insurance Commissioner a heads up as well, as they may want to slap said insurer around a bit as well. | 0 | 16,256 | 4.538941 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqlludf | hqlpq0c | 1,640,900,637 | 1,640,902,171 | 299 | 1,457 | Something also to consider is that if your testimony starts an investigation, I’m sure they’ll be able to see that past employees that were terminated also have high medical cost. If happens as frequently as you suspect based on the way it was talked about, I’m sure there will be a disproportionate ratio of terminations between people who have health issues and people who don’t, regardless of whatever reason the company gave for the termination. | I'd also give your state's Insurance Commissioner a heads up as well, as they may want to slap said insurer around a bit as well. | 0 | 1,534 | 4.87291 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmkpue | hqm9u86 | 1,640,915,156 | 1,640,910,405 | 102 | 42 | Once you've gotten a whistleblower attorney, I would consider also contacting your US rep and senator about this. This is the kind of thing that gets insurance execs dragged before Congress. | Depending on what state you're in, you may be legally in the clear to record the conversation as the sole consenting party. I would start my phone recording well before the meeting and let it run until well afterwards. Take that to your state AG and a whistleblower attorney. Best of luck OP. | 1 | 4,751 | 2.428571 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmz0io | hqms42z | 1,640,921,749 | 1,640,918,500 | 57 | 48 | If the employer is making employment decisions based on employees' utilization of health benefits, there may also be a violation of the Employee Retirement Income Security Act. Look a bit into illegal discrimination under ERISA. | If I were you I’d seek legal advice from someone with experience supporting whistleblowers. You want someone who can advise you on how to protect yourself. https://whistleblower.house.gov/whistleblower-support-organizations | 1 | 3,249 | 1.1875 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqm9u86 | hqmz0io | 1,640,910,405 | 1,640,921,749 | 42 | 57 | Depending on what state you're in, you may be legally in the clear to record the conversation as the sole consenting party. I would start my phone recording well before the meeting and let it run until well afterwards. Take that to your state AG and a whistleblower attorney. Best of luck OP. | If the employer is making employment decisions based on employees' utilization of health benefits, there may also be a violation of the Employee Retirement Income Security Act. Look a bit into illegal discrimination under ERISA. | 0 | 11,344 | 1.357143 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmz0io | hqmvuzw | 1,640,921,749 | 1,640,920,257 | 57 | 17 | If the employer is making employment decisions based on employees' utilization of health benefits, there may also be a violation of the Employee Retirement Income Security Act. Look a bit into illegal discrimination under ERISA. | It goes against the ACA laws. No one can be dropped from their insurance and their are no lifetime caps. | 1 | 1,492 | 3.352941 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmz0io | hqmlg65 | 1,640,921,749 | 1,640,915,483 | 57 | 10 | If the employer is making employment decisions based on employees' utilization of health benefits, there may also be a violation of the Employee Retirement Income Security Act. Look a bit into illegal discrimination under ERISA. | It’s entirely possible that this employer is self insured and the insurance company is simply a TPA. Not saying that this is okay but self insured plans gets gray with HIPAA | 1 | 6,266 | 5.7 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqm9u86 | hqms42z | 1,640,910,405 | 1,640,918,500 | 42 | 48 | Depending on what state you're in, you may be legally in the clear to record the conversation as the sole consenting party. I would start my phone recording well before the meeting and let it run until well afterwards. Take that to your state AG and a whistleblower attorney. Best of luck OP. | If I were you I’d seek legal advice from someone with experience supporting whistleblowers. You want someone who can advise you on how to protect yourself. https://whistleblower.house.gov/whistleblower-support-organizations | 0 | 8,095 | 1.142857 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmlg65 | hqms42z | 1,640,915,483 | 1,640,918,500 | 10 | 48 | It’s entirely possible that this employer is self insured and the insurance company is simply a TPA. Not saying that this is okay but self insured plans gets gray with HIPAA | If I were you I’d seek legal advice from someone with experience supporting whistleblowers. You want someone who can advise you on how to protect yourself. https://whistleblower.house.gov/whistleblower-support-organizations | 0 | 3,017 | 4.8 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmlg65 | hqmvuzw | 1,640,915,483 | 1,640,920,257 | 10 | 17 | It’s entirely possible that this employer is self insured and the insurance company is simply a TPA. Not saying that this is okay but self insured plans gets gray with HIPAA | It goes against the ACA laws. No one can be dropped from their insurance and their are no lifetime caps. | 0 | 4,774 | 1.7 |
rs6qd5 | legaladvice_train | 0.99 | High profile Health Insurance company disclosing the identities of employees of high-cost to their employer for "targetted removal" - Is this not a HIPAA violation? I recently was in a meeting where they casually discussed disclosing employees who have high-cost drugs for treating cancer etc., to the employer. The account specialists stated that they recommended removing(terminating) these employees to the employer. For the life of me, I can't see how this isn't a HIPAA violation. | hqmlg65 | hqn3jif | 1,640,915,483 | 1,640,923,932 | 10 | 13 | It’s entirely possible that this employer is self insured and the insurance company is simply a TPA. Not saying that this is okay but self insured plans gets gray with HIPAA | Not a lawyer, worked in health insurance industry. Are you sure they were talking about firing the employees? There is an underwriting process whereby certain employees can be carved out of the insured part of the policy to reduce costs. When they say ‘remove’ they may have just meant removed from the insured policy, or their costs capped. Someone who works in insurance underwriting may be able to explain more. Edit: found a relevant reference - the practice is called lasering | 0 | 8,449 | 1.3 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvnlyh2 | cvnfixv | 1,443,947,846 | 1,443,928,751 | 44 | 19 | Had this happened to me exactly. Without putting too much personal information: the waiter was sent to jail and the restaurant paid a settlement. | >If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? Yes if they can prove that the cook and waiter conspired to force someone with allergies the item they are allergic to, they could be looking at some serious charges to include murder charges if the victim dies. | 1 | 19,095 | 2.315789 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvnfa11 | cvnlyh2 | 1,443,928,235 | 1,443,947,846 | 15 | 44 | Also tell them to worry about civil liability because they'll be on the hook for the medical bills and such. | Had this happened to me exactly. Without putting too much personal information: the waiter was sent to jail and the restaurant paid a settlement. | 0 | 19,611 | 2.933333 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvneli2 | cvnlyh2 | 1,443,926,823 | 1,443,947,846 | 8 | 44 | Yeah, they could be charged with something criminal, definitely, if it was intentional conduct. | Had this happened to me exactly. Without putting too much personal information: the waiter was sent to jail and the restaurant paid a settlement. | 0 | 21,023 | 5.5 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvnkbiy | cvnlyh2 | 1,443,941,166 | 1,443,947,846 | 9 | 44 | There was a case recently where the restaurant staff was charged with manslaughter for serving an item to a person who stated they had an allergy. Can't remember where or what the outcome was so it is possible. | Had this happened to me exactly. Without putting too much personal information: the waiter was sent to jail and the restaurant paid a settlement. | 0 | 6,680 | 4.888889 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvnfixv | cvnfa11 | 1,443,928,751 | 1,443,928,235 | 19 | 15 | >If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? Yes if they can prove that the cook and waiter conspired to force someone with allergies the item they are allergic to, they could be looking at some serious charges to include murder charges if the victim dies. | Also tell them to worry about civil liability because they'll be on the hook for the medical bills and such. | 1 | 516 | 1.266667 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvneli2 | cvnfixv | 1,443,926,823 | 1,443,928,751 | 8 | 19 | Yeah, they could be charged with something criminal, definitely, if it was intentional conduct. | >If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? Yes if they can prove that the cook and waiter conspired to force someone with allergies the item they are allergic to, they could be looking at some serious charges to include murder charges if the victim dies. | 0 | 1,928 | 2.375 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvneli2 | cvnfa11 | 1,443,926,823 | 1,443,928,235 | 8 | 15 | Yeah, they could be charged with something criminal, definitely, if it was intentional conduct. | Also tell them to worry about civil liability because they'll be on the hook for the medical bills and such. | 0 | 1,412 | 1.875 |
3nevcr | legaladvice_train | 0.9 | If people who work at a restaurant purposely give a customer food they are allergic to could they get arrested? This wasn’t me but I'm asking because something like this happened at the restaurant where I work. A customer told my co worker she was allergic to something and apparently also showed him her medical alert bracelet. The waiter told her they were extra careful with her food but she had an allergic reaction to it anyway and an ambulance had to come for her. We thought it was just an accident but another waiter went to the cops and said he heard the waiter who served her and the cook complaining about people making up allergies and saying they were going to give her the stuff anyway. The cops came and interviewed the people who were working that night today and got the manager to give them stuff from the security cameras. If the cops do get evidence that the cook and the waiter purposely gave her food she was allergic to could they get arrested? If yes then what would they be charged and sent to jail? Just wondering because we were debating it and none of us know the answer. Oh, and the restaurant is in Florida. | cvnkbiy | cvneli2 | 1,443,941,166 | 1,443,926,823 | 9 | 8 | There was a case recently where the restaurant staff was charged with manslaughter for serving an item to a person who stated they had an allergy. Can't remember where or what the outcome was so it is possible. | Yeah, they could be charged with something criminal, definitely, if it was intentional conduct. | 1 | 14,343 | 1.125 |
ijjent | legaladvice_train | 0.9 | I was prescribed a drug that I'm allergic to and put me in the ER ,NYS On August 20th, I went to an urgent care facility for a sinus infection. When they took me to the room the MA came in took my vitals, and asked if I had any allergies. The only thing I am allergic to is amoxicillin. The MA walked out, as the PA walked in. He felt my sinus, confirmed I had a sinus infection. He told me he was going to be prescribing me Augmentin. I pick it up from the pharmacy next door. I Take it for a week as prescribed. My allergy to amoxicillin is a delayed hypersensitivity response. So the allergic reaction doesn't being i finish the round of amoxicillin. So on August 28 the day after my last pill of Augmentin, I notice hives on my feet. Never really thought much of it, got dressed for work and left. About 12pm I notice the hives were my fore arms now too. So I look up Augmentin to see what chemicals they use in the antibiotic. What's the first ingredient? Freaking amoxicillin. So I left work to go back to the urgent care to get some prednisone going. After they got me an exam room an MA comes in take my vitals, asks what I was in for. As I start telling her about how they prescribed me a drug I was allergic to. She looks at my chart, and she said it was literally the only item I had listed as a known allergy. A PA comes in gives me a shot of prednisone, and wrote a script for oral prednisone and apologized for her colleagues screw up. So I go home with the prednisone. So yesterday I woke up with my eyes swelling shut, as well as my throat. My wife rushed me to the ER, and they treated me with some kind of mix of like 4 or 5 different vials they injected me with a banana bag. My esophagus is still swollen today. I'm just wondering if it would be worth the fight for malpractice? | g3eh3xg | g3efjxw | 1,598,823,404 | 1,598,822,718 | 179 | 34 | Malpractical and medical errors aren't exactly the same thing, but oversights of this nature tend to align with the same outcomes WRT liability. Your first move should be to ask the facility to reimburse you the costs of treatment for follow-up care. They should waive the bills. If you have issues of lost pay or other out-of-pocket expenses for these, you can also try to pursue the facility to reimburse. You can and should consult malpractice attorneys if you want to pursue this route. We have no way of predicting the viability of a malpractice claim or the interest in attorneys to take the case on contingency; it really depends on what your actual medical bills were, or other out-of-pocket costs like prescriptions or lost wages because you have to take time off work that they can sue for. | Did you look at the insert or drug info from the pharmacist? It is a screwup from urgent care and no matter what report it to licensing board — that is one negligent PA who should be investigated because Augmentin, Clavamox etc all have amoxicillin. Only an attorney can answer if it is worth suing but please report this to licensing board. | 1 | 686 | 5.264706 |
ijjent | legaladvice_train | 0.9 | I was prescribed a drug that I'm allergic to and put me in the ER ,NYS On August 20th, I went to an urgent care facility for a sinus infection. When they took me to the room the MA came in took my vitals, and asked if I had any allergies. The only thing I am allergic to is amoxicillin. The MA walked out, as the PA walked in. He felt my sinus, confirmed I had a sinus infection. He told me he was going to be prescribing me Augmentin. I pick it up from the pharmacy next door. I Take it for a week as prescribed. My allergy to amoxicillin is a delayed hypersensitivity response. So the allergic reaction doesn't being i finish the round of amoxicillin. So on August 28 the day after my last pill of Augmentin, I notice hives on my feet. Never really thought much of it, got dressed for work and left. About 12pm I notice the hives were my fore arms now too. So I look up Augmentin to see what chemicals they use in the antibiotic. What's the first ingredient? Freaking amoxicillin. So I left work to go back to the urgent care to get some prednisone going. After they got me an exam room an MA comes in take my vitals, asks what I was in for. As I start telling her about how they prescribed me a drug I was allergic to. She looks at my chart, and she said it was literally the only item I had listed as a known allergy. A PA comes in gives me a shot of prednisone, and wrote a script for oral prednisone and apologized for her colleagues screw up. So I go home with the prednisone. So yesterday I woke up with my eyes swelling shut, as well as my throat. My wife rushed me to the ER, and they treated me with some kind of mix of like 4 or 5 different vials they injected me with a banana bag. My esophagus is still swollen today. I'm just wondering if it would be worth the fight for malpractice? | g3efjxw | g3eqbsp | 1,598,822,718 | 1,598,827,737 | 34 | 110 | Did you look at the insert or drug info from the pharmacist? It is a screwup from urgent care and no matter what report it to licensing board — that is one negligent PA who should be investigated because Augmentin, Clavamox etc all have amoxicillin. Only an attorney can answer if it is worth suing but please report this to licensing board. | INAL- but I’ve worked in pharmacy setting for almost 10 years. Please make sure that your allergy is noted on the pharmacy side as well. This is also a failure on the pharmacies end of it was noted. We would see a major “interaction” flag and wouldn’t fill the prescription without further questions like what happens when you take this medication, did you discuss the allergy with urgent care. | 0 | 5,019 | 3.235294 |
za4hqu | legaladvice_train | 0.84 | Can I sue a restaurant for medical expenses after warning them about a food allergy? Location: San Francisco, California My wife has a severe shellfish allergy. A few months ago we ate at a restaurant and a few minutes into the meal she had a severe allergic reaction and had to use her EpiPen and call an ambulance. Prior to ordering we warned the server about her allergy and confirmed that the dishes we ordered did not contain that ingredient. The server also made a note on the order to the kitchen to prevent cross contamination. This is standard procedure for us when we eat out due to the severity of her allergy and we generally avoid restaurants that serve a lot of shellfish regardless. I reached out the the restaurant to ask them to cover our out of pocket medical expenses (Co-pay and deductible after insurance). We have decent insurance so the total out of pocket for the ambulance and emergency room visit was less than $2000, our insurance covered everything else. When I initially reached out, the restaurant representative was open to paying our expenses. However once the bills came and I got the final amount, they are saying they don't believe they are liable since they investigated and did not find any evidence of wrongdoing on the part of their staff. They verbally offered me a smaller amount if I would sign a release of liability but nothing in writing. I didn't want to sue them and was hoping we could just work this out so they paid the medical bills but since they want to play hard ball I am exploring my options. If we file in California small claims court do we have any hope of winning this case? What type of evidence would the judge be looking to see? It's obviously difficult to prove conclusively that the food had shellfish and in the rush of getting to the ambulance it never occurred to me to save a sample of it. The manager did admit while I was on the phone with 911 that we had disclosed the allergy to their server, so I could potentially get those recordings. Edit: It's worth noting this is a fairly high end and successful restaurant (Think $100+ per person) and they have several locations. So it's not like it's a tiny Mom and Pop place that can't afford it. | iykb94c | iykbiea | 1,669,942,355 | 1,669,942,475 | 15 | 258 | Yes, from what you have said, I think this would be a pretty strong case. Just filing the case might get them to pay. | You can always sue. All you need to do in order to sue anyone is to complete the paperwork, pay the filling fees and file your complaint in a timely manner. The more important questions you should be asking are: Do you have sufficient clear and convincing evidence of the restaurant’s negligence, which directly caused your wife’s alleged injuries and damages. Will your complaint and suit be dismissed? Will you win a settlement, jury trial and/or a favorable judgment against the restaurant? Contact your bar association, lawyer referral service for referrals to personal injury attorneys, for legal counsel and/or representation. Never sign any release of liability, without first obtaining experienced and competent legal counsel and a comprehensive valuation analysis of your claims and damages. | 0 | 120 | 17.2 |
za4hqu | legaladvice_train | 0.84 | Can I sue a restaurant for medical expenses after warning them about a food allergy? Location: San Francisco, California My wife has a severe shellfish allergy. A few months ago we ate at a restaurant and a few minutes into the meal she had a severe allergic reaction and had to use her EpiPen and call an ambulance. Prior to ordering we warned the server about her allergy and confirmed that the dishes we ordered did not contain that ingredient. The server also made a note on the order to the kitchen to prevent cross contamination. This is standard procedure for us when we eat out due to the severity of her allergy and we generally avoid restaurants that serve a lot of shellfish regardless. I reached out the the restaurant to ask them to cover our out of pocket medical expenses (Co-pay and deductible after insurance). We have decent insurance so the total out of pocket for the ambulance and emergency room visit was less than $2000, our insurance covered everything else. When I initially reached out, the restaurant representative was open to paying our expenses. However once the bills came and I got the final amount, they are saying they don't believe they are liable since they investigated and did not find any evidence of wrongdoing on the part of their staff. They verbally offered me a smaller amount if I would sign a release of liability but nothing in writing. I didn't want to sue them and was hoping we could just work this out so they paid the medical bills but since they want to play hard ball I am exploring my options. If we file in California small claims court do we have any hope of winning this case? What type of evidence would the judge be looking to see? It's obviously difficult to prove conclusively that the food had shellfish and in the rush of getting to the ambulance it never occurred to me to save a sample of it. The manager did admit while I was on the phone with 911 that we had disclosed the allergy to their server, so I could potentially get those recordings. Edit: It's worth noting this is a fairly high end and successful restaurant (Think $100+ per person) and they have several locations. So it's not like it's a tiny Mom and Pop place that can't afford it. | iykotc1 | iyktvsp | 1,669,948,690 | 1,669,951,092 | 48 | 138 | Not a lawyer but have had to deal with health insurance a lot this year due to a family members accident. You shouldn't just sue for your out of pocket expenses. You need to sue for the full medical bills. Health insurance isn't going to cover it if someone else is found liable. Of course they would need to find out but it wouldn't be a risk i would be willing to take. | I am the director of food safety for one of the largest foodservice companies. This is a very serious issue and one we unfortunately see all the time. While we have a very robust allergen policy, mistakes do happen. There have been times when the consumer didn’t disclose, at which there was nothing we could do. But in your case, you not only disclosed, but it’s one of the ‘Big 9’ allergens (as opposed to something obscure). I’d definitely be asking for their insurance information. If you have problems, I’d just take it to a personal injury attorney and let them handle it. Allergies aren’t something to mess with. If it was an accident, fine, but admit it, pay, retrain the staff and the monitor. I wish you well and hope your wife recovers well. | 0 | 2,402 | 2.875 |
za4hqu | legaladvice_train | 0.84 | Can I sue a restaurant for medical expenses after warning them about a food allergy? Location: San Francisco, California My wife has a severe shellfish allergy. A few months ago we ate at a restaurant and a few minutes into the meal she had a severe allergic reaction and had to use her EpiPen and call an ambulance. Prior to ordering we warned the server about her allergy and confirmed that the dishes we ordered did not contain that ingredient. The server also made a note on the order to the kitchen to prevent cross contamination. This is standard procedure for us when we eat out due to the severity of her allergy and we generally avoid restaurants that serve a lot of shellfish regardless. I reached out the the restaurant to ask them to cover our out of pocket medical expenses (Co-pay and deductible after insurance). We have decent insurance so the total out of pocket for the ambulance and emergency room visit was less than $2000, our insurance covered everything else. When I initially reached out, the restaurant representative was open to paying our expenses. However once the bills came and I got the final amount, they are saying they don't believe they are liable since they investigated and did not find any evidence of wrongdoing on the part of their staff. They verbally offered me a smaller amount if I would sign a release of liability but nothing in writing. I didn't want to sue them and was hoping we could just work this out so they paid the medical bills but since they want to play hard ball I am exploring my options. If we file in California small claims court do we have any hope of winning this case? What type of evidence would the judge be looking to see? It's obviously difficult to prove conclusively that the food had shellfish and in the rush of getting to the ambulance it never occurred to me to save a sample of it. The manager did admit while I was on the phone with 911 that we had disclosed the allergy to their server, so I could potentially get those recordings. Edit: It's worth noting this is a fairly high end and successful restaurant (Think $100+ per person) and they have several locations. So it's not like it's a tiny Mom and Pop place that can't afford it. | iyktvsp | iykb94c | 1,669,951,092 | 1,669,942,355 | 138 | 15 | I am the director of food safety for one of the largest foodservice companies. This is a very serious issue and one we unfortunately see all the time. While we have a very robust allergen policy, mistakes do happen. There have been times when the consumer didn’t disclose, at which there was nothing we could do. But in your case, you not only disclosed, but it’s one of the ‘Big 9’ allergens (as opposed to something obscure). I’d definitely be asking for their insurance information. If you have problems, I’d just take it to a personal injury attorney and let them handle it. Allergies aren’t something to mess with. If it was an accident, fine, but admit it, pay, retrain the staff and the monitor. I wish you well and hope your wife recovers well. | Yes, from what you have said, I think this would be a pretty strong case. Just filing the case might get them to pay. | 1 | 8,737 | 9.2 |
za4hqu | legaladvice_train | 0.84 | Can I sue a restaurant for medical expenses after warning them about a food allergy? Location: San Francisco, California My wife has a severe shellfish allergy. A few months ago we ate at a restaurant and a few minutes into the meal she had a severe allergic reaction and had to use her EpiPen and call an ambulance. Prior to ordering we warned the server about her allergy and confirmed that the dishes we ordered did not contain that ingredient. The server also made a note on the order to the kitchen to prevent cross contamination. This is standard procedure for us when we eat out due to the severity of her allergy and we generally avoid restaurants that serve a lot of shellfish regardless. I reached out the the restaurant to ask them to cover our out of pocket medical expenses (Co-pay and deductible after insurance). We have decent insurance so the total out of pocket for the ambulance and emergency room visit was less than $2000, our insurance covered everything else. When I initially reached out, the restaurant representative was open to paying our expenses. However once the bills came and I got the final amount, they are saying they don't believe they are liable since they investigated and did not find any evidence of wrongdoing on the part of their staff. They verbally offered me a smaller amount if I would sign a release of liability but nothing in writing. I didn't want to sue them and was hoping we could just work this out so they paid the medical bills but since they want to play hard ball I am exploring my options. If we file in California small claims court do we have any hope of winning this case? What type of evidence would the judge be looking to see? It's obviously difficult to prove conclusively that the food had shellfish and in the rush of getting to the ambulance it never occurred to me to save a sample of it. The manager did admit while I was on the phone with 911 that we had disclosed the allergy to their server, so I could potentially get those recordings. Edit: It's worth noting this is a fairly high end and successful restaurant (Think $100+ per person) and they have several locations. So it's not like it's a tiny Mom and Pop place that can't afford it. | iykdqol | iyktvsp | 1,669,943,537 | 1,669,951,092 | 11 | 138 | Is your wife planning to represent herself or are you qualified to and planning to represent your wife? If not, you will need to convince licensed personal injury attorneys, it is worth their time and expense to represent you in litigation. What are your damages? Other then the $2,000.00 out of pocket, pain and suffering??? Will your wife suffer severe permanent ongoing injuries and damages, as a result of the restaurant’s alleged negligence? Will you be able to find any licensed personal injury attorney(s) interested??? | I am the director of food safety for one of the largest foodservice companies. This is a very serious issue and one we unfortunately see all the time. While we have a very robust allergen policy, mistakes do happen. There have been times when the consumer didn’t disclose, at which there was nothing we could do. But in your case, you not only disclosed, but it’s one of the ‘Big 9’ allergens (as opposed to something obscure). I’d definitely be asking for their insurance information. If you have problems, I’d just take it to a personal injury attorney and let them handle it. Allergies aren’t something to mess with. If it was an accident, fine, but admit it, pay, retrain the staff and the monitor. I wish you well and hope your wife recovers well. | 0 | 7,555 | 12.545455 |
za4hqu | legaladvice_train | 0.84 | Can I sue a restaurant for medical expenses after warning them about a food allergy? Location: San Francisco, California My wife has a severe shellfish allergy. A few months ago we ate at a restaurant and a few minutes into the meal she had a severe allergic reaction and had to use her EpiPen and call an ambulance. Prior to ordering we warned the server about her allergy and confirmed that the dishes we ordered did not contain that ingredient. The server also made a note on the order to the kitchen to prevent cross contamination. This is standard procedure for us when we eat out due to the severity of her allergy and we generally avoid restaurants that serve a lot of shellfish regardless. I reached out the the restaurant to ask them to cover our out of pocket medical expenses (Co-pay and deductible after insurance). We have decent insurance so the total out of pocket for the ambulance and emergency room visit was less than $2000, our insurance covered everything else. When I initially reached out, the restaurant representative was open to paying our expenses. However once the bills came and I got the final amount, they are saying they don't believe they are liable since they investigated and did not find any evidence of wrongdoing on the part of their staff. They verbally offered me a smaller amount if I would sign a release of liability but nothing in writing. I didn't want to sue them and was hoping we could just work this out so they paid the medical bills but since they want to play hard ball I am exploring my options. If we file in California small claims court do we have any hope of winning this case? What type of evidence would the judge be looking to see? It's obviously difficult to prove conclusively that the food had shellfish and in the rush of getting to the ambulance it never occurred to me to save a sample of it. The manager did admit while I was on the phone with 911 that we had disclosed the allergy to their server, so I could potentially get those recordings. Edit: It's worth noting this is a fairly high end and successful restaurant (Think $100+ per person) and they have several locations. So it's not like it's a tiny Mom and Pop place that can't afford it. | iykb94c | iykotc1 | 1,669,942,355 | 1,669,948,690 | 15 | 48 | Yes, from what you have said, I think this would be a pretty strong case. Just filing the case might get them to pay. | Not a lawyer but have had to deal with health insurance a lot this year due to a family members accident. You shouldn't just sue for your out of pocket expenses. You need to sue for the full medical bills. Health insurance isn't going to cover it if someone else is found liable. Of course they would need to find out but it wouldn't be a risk i would be willing to take. | 0 | 6,335 | 3.2 |
za4hqu | legaladvice_train | 0.84 | Can I sue a restaurant for medical expenses after warning them about a food allergy? Location: San Francisco, California My wife has a severe shellfish allergy. A few months ago we ate at a restaurant and a few minutes into the meal she had a severe allergic reaction and had to use her EpiPen and call an ambulance. Prior to ordering we warned the server about her allergy and confirmed that the dishes we ordered did not contain that ingredient. The server also made a note on the order to the kitchen to prevent cross contamination. This is standard procedure for us when we eat out due to the severity of her allergy and we generally avoid restaurants that serve a lot of shellfish regardless. I reached out the the restaurant to ask them to cover our out of pocket medical expenses (Co-pay and deductible after insurance). We have decent insurance so the total out of pocket for the ambulance and emergency room visit was less than $2000, our insurance covered everything else. When I initially reached out, the restaurant representative was open to paying our expenses. However once the bills came and I got the final amount, they are saying they don't believe they are liable since they investigated and did not find any evidence of wrongdoing on the part of their staff. They verbally offered me a smaller amount if I would sign a release of liability but nothing in writing. I didn't want to sue them and was hoping we could just work this out so they paid the medical bills but since they want to play hard ball I am exploring my options. If we file in California small claims court do we have any hope of winning this case? What type of evidence would the judge be looking to see? It's obviously difficult to prove conclusively that the food had shellfish and in the rush of getting to the ambulance it never occurred to me to save a sample of it. The manager did admit while I was on the phone with 911 that we had disclosed the allergy to their server, so I could potentially get those recordings. Edit: It's worth noting this is a fairly high end and successful restaurant (Think $100+ per person) and they have several locations. So it's not like it's a tiny Mom and Pop place that can't afford it. | iykotc1 | iykdqol | 1,669,948,690 | 1,669,943,537 | 48 | 11 | Not a lawyer but have had to deal with health insurance a lot this year due to a family members accident. You shouldn't just sue for your out of pocket expenses. You need to sue for the full medical bills. Health insurance isn't going to cover it if someone else is found liable. Of course they would need to find out but it wouldn't be a risk i would be willing to take. | Is your wife planning to represent herself or are you qualified to and planning to represent your wife? If not, you will need to convince licensed personal injury attorneys, it is worth their time and expense to represent you in litigation. What are your damages? Other then the $2,000.00 out of pocket, pain and suffering??? Will your wife suffer severe permanent ongoing injuries and damages, as a result of the restaurant’s alleged negligence? Will you be able to find any licensed personal injury attorney(s) interested??? | 1 | 5,153 | 4.363636 |
9yna19 | legaladvice_train | 0.96 | [FL] At the urgent care clinic I work at the senior RN will sometimes tell patients he's a doctor. I called him out on it and when I tried to go above his head they fabricated a day I was late and took me off the schedule for a week. I think my best option is to just quit and not put them down as a reference but it sucks losing almost a year of job experience. | ea2njxm | ea2pahy | 1,542,678,143 | 1,542,679,619 | 155 | 207 | Don't resign. Apply for unemployment tomorrow and allege that you were constructively fired because they took you off of the schedule. When/if they fight it, then go into detail about what happened. | Please report the nurse calling himself a doctor to the state licensing board. | 0 | 1,476 | 1.335484 |
kwiagm | legaladvice_train | 0.75 | [PA] I told Urgent Care I would only make a visit if it was completely free. They promised me I wouldn’t have to pay a dime after they ran my insurance, so I went in. Weeks later, my insurance billed me. Hey all, apologies if formatting is weird, I’m on mobile. So about two months ago I visited Urgent Care. I asked the lady working at the desk if I would get charged for a simple inspection, and I wouldn’t go in if it meant I would be charged either by Urgent Care or by my insurance company. She ran my insurance card and told me that this type of inspection is completely covered by the insurance company and I wouldn’t have to pay anything. So I went in believing it was free, as that is what she told me. About a month later, I get a bill from my insurance company charging me for that visit, saying they can’t cover all of it because of the type of visit that it was. I’ve tried calling Urgent Care’s billing company with no call back, and have tried emailing them as well but they claim that the bill is not their responsibility and that I am responsible for paying the remaining fee. I insisted that I would not receive a service unless it was completely free (covered by my insurance), and Urgent Care promised me that it would be. This means that I received a service thinking it wouldn’t cost me anything, and Urgent Care should be responsible because they convinced me that this would be the case. Where can I go from here? | gj60ghl | gj5yk0m | 1,610,578,751 | 1,610,577,858 | 3 | 2 | The codes might have been recorded incorrectly, have you gotten in touch with your insurance company? Ask them what was and what wasn't covered and why. | There’s a few things here. First - as a general rule don’t rely on the receptionist to tell you what your insurance will and will not cover. It’s likely that the piece of paper she checked simply told them whether your insurance was *accepted* at their facility. That means absolutely nothing about out of pocket cost to you. Second, US healthcare has costs associated with it. There are some circumstances in which things are covered at no cost to you, but generally you will have copays, coinsurance, etc. Third - *look at your insurance card.* Flip it over to the back. Do you see anything that says “Specialist $X. Emergency Room $X. Urgent Care $X.” Not all will, but many do and that’s how you know your copay for each of those things. Fourth, call your insurance company and ask them to mail/ email you a summary of benefits. This will lay out many of the expected costs of things. And finally, get a primary care doctor. Call the company or go to their website to find one that’s in network. Under most plans, your annual PCP visit will be free and sick visits with your PCP will have a low copay. As for your current situation, yes you probably owe that money. It doesn’t matter that someone told you it would be free. If you can’t pay it off in a lump sum don’t just ignore it, call the billing number and ask to set up a payment plan, often you can send them $10 a month or whatever works for you, and this will prevent them from sending you to collections. | 1 | 893 | 1.5 |
kwiagm | legaladvice_train | 0.75 | [PA] I told Urgent Care I would only make a visit if it was completely free. They promised me I wouldn’t have to pay a dime after they ran my insurance, so I went in. Weeks later, my insurance billed me. Hey all, apologies if formatting is weird, I’m on mobile. So about two months ago I visited Urgent Care. I asked the lady working at the desk if I would get charged for a simple inspection, and I wouldn’t go in if it meant I would be charged either by Urgent Care or by my insurance company. She ran my insurance card and told me that this type of inspection is completely covered by the insurance company and I wouldn’t have to pay anything. So I went in believing it was free, as that is what she told me. About a month later, I get a bill from my insurance company charging me for that visit, saying they can’t cover all of it because of the type of visit that it was. I’ve tried calling Urgent Care’s billing company with no call back, and have tried emailing them as well but they claim that the bill is not their responsibility and that I am responsible for paying the remaining fee. I insisted that I would not receive a service unless it was completely free (covered by my insurance), and Urgent Care promised me that it would be. This means that I received a service thinking it wouldn’t cost me anything, and Urgent Care should be responsible because they convinced me that this would be the case. Where can I go from here? | gj6ev1u | gj5yk0m | 1,610,585,936 | 1,610,577,858 | 3 | 2 | Never believe a medical office that they know anything about your out of pocket cost. It’s virtually impossible for them to know that. Your insurance provider can’t tell you without knowing what billing codes will be used, and even then you can’t trust them if you call and ask. Health care is a craps shoot no matter what they do. If the insurance covered some, you can probably either plead poverty and get some written off or at least work out a payment plan for the rest. Welcome to adulthood. It sucks. | There’s a few things here. First - as a general rule don’t rely on the receptionist to tell you what your insurance will and will not cover. It’s likely that the piece of paper she checked simply told them whether your insurance was *accepted* at their facility. That means absolutely nothing about out of pocket cost to you. Second, US healthcare has costs associated with it. There are some circumstances in which things are covered at no cost to you, but generally you will have copays, coinsurance, etc. Third - *look at your insurance card.* Flip it over to the back. Do you see anything that says “Specialist $X. Emergency Room $X. Urgent Care $X.” Not all will, but many do and that’s how you know your copay for each of those things. Fourth, call your insurance company and ask them to mail/ email you a summary of benefits. This will lay out many of the expected costs of things. And finally, get a primary care doctor. Call the company or go to their website to find one that’s in network. Under most plans, your annual PCP visit will be free and sick visits with your PCP will have a low copay. As for your current situation, yes you probably owe that money. It doesn’t matter that someone told you it would be free. If you can’t pay it off in a lump sum don’t just ignore it, call the billing number and ask to set up a payment plan, often you can send them $10 a month or whatever works for you, and this will prevent them from sending you to collections. | 1 | 8,078 | 1.5 |
kwiagm | legaladvice_train | 0.75 | [PA] I told Urgent Care I would only make a visit if it was completely free. They promised me I wouldn’t have to pay a dime after they ran my insurance, so I went in. Weeks later, my insurance billed me. Hey all, apologies if formatting is weird, I’m on mobile. So about two months ago I visited Urgent Care. I asked the lady working at the desk if I would get charged for a simple inspection, and I wouldn’t go in if it meant I would be charged either by Urgent Care or by my insurance company. She ran my insurance card and told me that this type of inspection is completely covered by the insurance company and I wouldn’t have to pay anything. So I went in believing it was free, as that is what she told me. About a month later, I get a bill from my insurance company charging me for that visit, saying they can’t cover all of it because of the type of visit that it was. I’ve tried calling Urgent Care’s billing company with no call back, and have tried emailing them as well but they claim that the bill is not their responsibility and that I am responsible for paying the remaining fee. I insisted that I would not receive a service unless it was completely free (covered by my insurance), and Urgent Care promised me that it would be. This means that I received a service thinking it wouldn’t cost me anything, and Urgent Care should be responsible because they convinced me that this would be the case. Where can I go from here? | gj6bktu | gj6ev1u | 1,610,584,262 | 1,610,585,936 | 2 | 3 | Many insurance plans require you notify them within a certain time period if you receive urgent medical care out of network. Often that requirement is called out on the back of the card. The other possibility is your insurance did cover but what the hospital has billed you is your co-insurance/deductible. You should receive an explanation of benefits form from your insurance provider with this information. | Never believe a medical office that they know anything about your out of pocket cost. It’s virtually impossible for them to know that. Your insurance provider can’t tell you without knowing what billing codes will be used, and even then you can’t trust them if you call and ask. Health care is a craps shoot no matter what they do. If the insurance covered some, you can probably either plead poverty and get some written off or at least work out a payment plan for the rest. Welcome to adulthood. It sucks. | 0 | 1,674 | 1.5 |
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