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hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv8b0gb
fv73dxd
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My job involves child support(including Michigan) and this isn't how it works at all. Firstly they identify you by social on the child support order. Is this guy using your social? Secondly they can garnish your wages directly from your employer but to seize your your bank accounts they had to have issued a lien, then levied it. Lien processes require your account has to be frozen for 21 days prior to the money being taken. And legally you need to get a ton of notices-including one sent directly from your bank to you, so even if the court had the wrong address the bank had to send one to your address on file with them. And finally, they don't get all of your money. Ever. Child support law does not allow them to take money you need for food and stuff. You were wronged in a lot of ways, a lawyer could probably win this case blindfolded.
Hire an attorney, the bank pulled a legal fee when they withdrew the money since the garnishment action is on the bank and not on you.
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv59yz4
fv5k97q
1,592,417,359
1,592,422,005
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109
Definitley speak to a lawyer and dont feel shitty about your partner helping you, he wants to.
Your first step should be to get a copy of the garnishment. You should be able to file an objection in Michigan objecting to the garnishment. You may also have a recourse against the bank as others have suggested.
0
4,646
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hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5k97q
fv5d1ad
1,592,422,005
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Your first step should be to get a copy of the garnishment. You should be able to file an objection in Michigan objecting to the garnishment. You may also have a recourse against the bank as others have suggested.
The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
1
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hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5cdfh
fv5k97q
1,592,418,485
1,592,422,005
57
109
Did you confirm whether it was the state of Michigan’s fault or did your bank confuse you with another customer of theirs?
Your first step should be to get a copy of the garnishment. You should be able to file an objection in Michigan objecting to the garnishment. You may also have a recourse against the bank as others have suggested.
0
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6dl49
fv5d1ad
1,592,436,460
1,592,418,806
95
70
Take it to your congressperson and make a stink.
The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
1
17,654
1.357143
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5cdfh
fv6dl49
1,592,418,485
1,592,436,460
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Did you confirm whether it was the state of Michigan’s fault or did your bank confuse you with another customer of theirs?
Take it to your congressperson and make a stink.
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6dl49
fv5yuzy
1,592,436,460
1,592,428,723
95
31
Take it to your congressperson and make a stink.
So sorry OP that this Is happening to you. What a nightmare! Aside from trying to obtain a lawyer you should also place a complaint with the CFPB and the Attorney Generals in both states, maybe also contact your local state Representative. They might be able to provide some assistance or guidance as well.
1
7,737
3.064516
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5d1ad
fv5cdfh
1,592,418,806
1,592,418,485
70
57
The levy should have paperwork for you that includes how to request a review. Ask your bank for any copies and then follow whatever instructions are on it. Alternatively these are the people that oversee Child Support in Michigan. They may be able to get you in touch with someone who could help resolve this as opposed to going through the main phone numbers. https://www.michigan.gov/mdhhs/0,5885,7-339-73970_93787_94477---,00.html
Did you confirm whether it was the state of Michigan’s fault or did your bank confuse you with another customer of theirs?
1
321
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hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv5yuzy
fv8bj4d
1,592,428,723
1,592,487,275
31
43
So sorry OP that this Is happening to you. What a nightmare! Aside from trying to obtain a lawyer you should also place a complaint with the CFPB and the Attorney Generals in both states, maybe also contact your local state Representative. They might be able to provide some assistance or guidance as well.
Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv8bj4d
fv6sdg0
1,592,487,275
1,592,444,299
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Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
Your banks will have garnishment depts. Someone that verifies that you are the same person listed on the account and that the account is able to be garnished. You need to get a copy of the garnishment, if it was served to a branch, usually that branch will have a copy. The bank should also have a legal department that would have also reviewed the garnishment.
1
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1.592593
hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7xzoh
fv8bj4d
1,592,477,224
1,592,487,275
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> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
0
10,051
1.535714
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7phdp
fv8bj4d
1,592,468,650
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There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
0
18,625
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6nrdk
fv8bj4d
1,592,441,620
1,592,487,275
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*Not licensed in Florida or Michigan Talk to an attorney licensed in Florida. Florida recognizes spousal joint bank accounts as property held in a tenancy by entirety. This *may* help you out.
Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
0
45,655
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv8bj4d
fv77rr7
1,592,487,275
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Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
CFPB ASAP
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv8bj4d
fv6ogza
1,592,487,275
1,592,442,030
43
7
Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
Not a lawyer I would start by contacting your bank in person and the the Michigan Attorney Generals office and see what they say. If nothing else, they can direct you.
1
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv73dxd
fv8bj4d
1,592,450,985
1,592,487,275
3
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Hire an attorney, the bank pulled a legal fee when they withdrew the money since the garnishment action is on the bank and not on you.
Ok, right off the bat there's no attorney out there who thinks $30K in damages "isn't enough to take the case." If there is such a fool, trust me when i tell you there are 10 other attorneys within a five minute walk who'll take your case. More, you're also out the interest you were earning on the savings accounts, plus any overdraft fees, as well as (potentially) the mortgage you lost due to your lack of ready & available funds. But your problem is you need a *Michigan* attorney, not one where you live, because this erroneous court order originated in Michigan, the money was taken by a Michigan court, and, presumably distributed to a Michigan resident. As far as I've seen in my years of practice, courts CAN reverse this with an appropriate Order from a judge. However, you need to file the appropriate motion for replevin (restore your property pending the outcome of a full hearing) and an order to show cause why the money shouldn't be restored permanently. (Possibly, you can skip the replevin motion and roll it into the OTSC relief, but YMMV). Either way, you shouldn't take this lying down and you definitely should not lose $30K because of a court error. That's absolutely wrong and violates your Constitutional rights. I strongly encourage you to contact the Michigan bar association and request a referral.
0
36,290
14.333333
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6sdg0
fv7xzoh
1,592,444,299
1,592,477,224
27
28
Your banks will have garnishment depts. Someone that verifies that you are the same person listed on the account and that the account is able to be garnished. You need to get a copy of the garnishment, if it was served to a branch, usually that branch will have a copy. The bank should also have a legal department that would have also reviewed the garnishment.
> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
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hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6nrdk
fv6sdg0
1,592,441,620
1,592,444,299
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*Not licensed in Florida or Michigan Talk to an attorney licensed in Florida. Florida recognizes spousal joint bank accounts as property held in a tenancy by entirety. This *may* help you out.
Your banks will have garnishment depts. Someone that verifies that you are the same person listed on the account and that the account is able to be garnished. You need to get a copy of the garnishment, if it was served to a branch, usually that branch will have a copy. The bank should also have a legal department that would have also reviewed the garnishment.
0
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hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6sdg0
fv6ogza
1,592,444,299
1,592,442,030
27
7
Your banks will have garnishment depts. Someone that verifies that you are the same person listed on the account and that the account is able to be garnished. You need to get a copy of the garnishment, if it was served to a branch, usually that branch will have a copy. The bank should also have a legal department that would have also reviewed the garnishment.
Not a lawyer I would start by contacting your bank in person and the the Michigan Attorney Generals office and see what they say. If nothing else, they can direct you.
1
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3.857143
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7phdp
fv7xzoh
1,592,468,650
1,592,477,224
19
28
There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
0
8,574
1.473684
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7xzoh
fv6nrdk
1,592,477,224
1,592,441,620
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> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
*Not licensed in Florida or Michigan Talk to an attorney licensed in Florida. Florida recognizes spousal joint bank accounts as property held in a tenancy by entirety. This *may* help you out.
1
35,604
1.647059
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv77rr7
fv7xzoh
1,592,453,845
1,592,477,224
8
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CFPB ASAP
> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
0
23,379
3.5
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6ogza
fv7xzoh
1,592,442,030
1,592,477,224
7
28
Not a lawyer I would start by contacting your bank in person and the the Michigan Attorney Generals office and see what they say. If nothing else, they can direct you.
> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
0
35,194
4
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7xzoh
fv73dxd
1,592,477,224
1,592,450,985
28
3
> After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. If the court order was for John Smithe 04/19/1984, then the bank probably messed that up. Ask the bank to provide a copy of the court order. I would think there's a record online in the Michigan court case record database under the John Smithe name.
Hire an attorney, the bank pulled a legal fee when they withdrew the money since the garnishment action is on the bank and not on you.
1
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hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7phdp
fv6nrdk
1,592,468,650
1,592,441,620
19
17
There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
*Not licensed in Florida or Michigan Talk to an attorney licensed in Florida. Florida recognizes spousal joint bank accounts as property held in a tenancy by entirety. This *may* help you out.
1
27,030
1.117647
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv7phdp
fv77rr7
1,592,468,650
1,592,453,845
19
8
There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
CFPB ASAP
1
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2.375
hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv6ogza
fv7phdp
1,592,442,030
1,592,468,650
7
19
Not a lawyer I would start by contacting your bank in person and the the Michigan Attorney Generals office and see what they say. If nothing else, they can direct you.
There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
0
26,620
2.714286
hawkvp
legaladvice_train
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Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv73dxd
fv7phdp
1,592,450,985
1,592,468,650
3
19
Hire an attorney, the bank pulled a legal fee when they withdrew the money since the garnishment action is on the bank and not on you.
There is a process in garnishments/bank levy's where the money is removed from the account but held by the bank for a set amount of time to allow for an appeal before it is sent to whoever filed for the garnishment. I don't know the time limit in FL but I'm almost positive that the money isn't gone to the point of no return. It usually takes at minimum 30 days before its distributed and the time for appeals is short but longer than a week, typically 20-30 days. What you need to do is call the bank and ask how to formally appeal the garnishment. They will mail you a letter with that information but time is obviously important and it's not something you want to wait on if you don't have to. I also suggest calling the MI office back and talking to someone higher up because it is absolutely their problem but a lot of the low level employees hear the same stories from deadbeats all day everyday and are quick to assume you're trying to not pay even though they shouldn't and are obviously in the wrong here.
0
17,665
6.333333
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv77rr7
fv6ogza
1,592,453,845
1,592,442,030
8
7
CFPB ASAP
Not a lawyer I would start by contacting your bank in person and the the Michigan Attorney Generals office and see what they say. If nothing else, they can direct you.
1
11,815
1.142857
hawkvp
legaladvice_train
0.99
Bank Accounts Totally Wiped Due to Child Support Garnishment. Not My Kid. (FL) My partner and I are saving for a house, so I run my checking account just above the minimum and everything else goes either into short term savings or the high interest online account I opened to save for the down payment. On Friday, my paycheck was supposed to hit my account so I logged in, only to find that my balance was $0. Even if my direct deposit didn't go through, there is always $250 in the account. I checked the activity and my paycheck had gone in and was removed already! My short term savings was at $0 as well. I looked at the transactions and saw the same line item which contained CRT GRNSH. I called my bank and was told that they were served with a court order for back child support and turned over all assets. My long term savings account is the same deal. All in all, it's about $30,000. So, I have no children, I have been with my partner for six years and I have been openly gay since I was 14. I have never had sex with a woman, never served as a guardian, and certainly don't have any unknown surprises out there. The order came out of Michigan, a state I have never set foot in. After a few days back and forth, I finally got someone on the phone who admitted that the order was not against me. If I'm John Smith born 04/21/1994, the order was meant for Jon Smithe born 04/19/1984. I asked how soon I could get my money returned and was told that they don't deal with reversals and the money is likely gone as it has been distributed to the "wronged party". I feel like I'm the wronged party in this scenario. I don't even know where to begin. I spoke with an attorney who told me that the case isn't worth it for him to take up. Who do I even go after here? Someone who I spoke to at the courts in Michigan suggested my case is against Jon Smithe, and I can't believe that they expect me to track this guy down and sue him for money he almost certainly doesn't have. I'm sorry if this is a mess, I'm sick to my stomach, crying, I can't pay my bills, and I don't know what to do. My partner's accounts weren't touched and he's assured me he'll take care of the bills, but I feel like such a piece of garbage putting it on him. I feel like nobody cares that I was robbed and they keep saying it's my problem. My banks say he used my name as an alias so they're washing their hands of responsibility. The courts say that they don't deal with it and all they did was issue a legitimate order. The child support office doesn't want to hear it and has said it's not their problem. What do I do?
fv77rr7
fv73dxd
1,592,453,845
1,592,450,985
8
3
CFPB ASAP
Hire an attorney, the bank pulled a legal fee when they withdrew the money since the garnishment action is on the bank and not on you.
1
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ycdcvz
legaladvice_train
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I believe Wells Fargo is reordering our transaction in order to charge us overdraft fees. Is there anyway I can dispute that? (California branch) Long story short. I deposited 10,000 to my spouse’s Wells Fargo checking account from HSBC(Hong Kong) this Saturday evening, and proceed to make a purchase of 10k using the American bank account. This morning we got a notice from HSBC the deposit has gone through, and later in the evening, Wells sent us an email saying her account has gone below zero. Upon logging into her internet banking account we can see both the deposit and the purchase are both pending. Her account had available credits in the positive, but in the transaction history, the purchase has been placed first, putting her account into negative even though the deposit should have happened first. We don’t have any of the overdraft or super care or whatever special plans American banks have to offer. We suspect the bank is reordering our transaction so to put her account into the negatives so it can charge her extra overdraft. Are there any recourse for this? Can they close her account or will they charge us a lot in overdraft(and close our account)? I have no experience with American banking so this is completely new to me.
itlnv1v
itmi5vi
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Any large deposit is going to be held for possible up to 10 days, in the case of my bank. I've never had a deposit clear in less than 5 days when dealing with this amount of money. Due to the way the banking systems work it could take that long before your bank receives these funds, and they simply aren't going to risk that it is a true deposit and be at risk of losing those funds if it is a scam. The information below is taken directly from Well's Fargo bank site. A deposit hold means that although a check amount was credited to your account, it's not available for your use. Wells Fargo Bank's general policy is to make deposited funds available on the first business day after the Bank receives a deposit. In some cases, however, we may place a deposit hold on these funds and delay availability for up to 7 business days. Common reasons for placing a hold on a check or deposit include but are not limited to: Accounts with frequent overdrafts New customer High-dollar deposits that exceed the total available balance in the account Deposits of checks that have already been returned unpaid Notification to Wells Fargo by the check maker’s financial institution that the check will be returned
I am not a lawyer, but previously trained in Federal Anti-Fraud and Anti-Money Laundering Laws through a previous employer. The issue is due to the large deposit ($10,000) from an overseas bank account. Federal Anti-Money Laundering and Anti-Fraud Laws require the banks to flag and hold any deposits above a certain threshold, or to flag any unusual deposits for review. This process MUST be completed before the funds are released by Federal Law. This process can take up to 10 days to complete. If your spouse attempted to make the purchase before the funds were released (pending deposits would fall under this, depending on your bank) then you would either incur an overdraft fee OR the transaction would be declined. In the end, Wells Fargo will only charge a $35 overdraft fee per transaction (if I read their TOS correctly), and will allow a maximum of 3 overdraft transactions per day.
0
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ycdcvz
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I believe Wells Fargo is reordering our transaction in order to charge us overdraft fees. Is there anyway I can dispute that? (California branch) Long story short. I deposited 10,000 to my spouse’s Wells Fargo checking account from HSBC(Hong Kong) this Saturday evening, and proceed to make a purchase of 10k using the American bank account. This morning we got a notice from HSBC the deposit has gone through, and later in the evening, Wells sent us an email saying her account has gone below zero. Upon logging into her internet banking account we can see both the deposit and the purchase are both pending. Her account had available credits in the positive, but in the transaction history, the purchase has been placed first, putting her account into negative even though the deposit should have happened first. We don’t have any of the overdraft or super care or whatever special plans American banks have to offer. We suspect the bank is reordering our transaction so to put her account into the negatives so it can charge her extra overdraft. Are there any recourse for this? Can they close her account or will they charge us a lot in overdraft(and close our account)? I have no experience with American banking so this is completely new to me.
itmi5vi
itmacy9
1,666,638,170
1,666,635,192
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I am not a lawyer, but previously trained in Federal Anti-Fraud and Anti-Money Laundering Laws through a previous employer. The issue is due to the large deposit ($10,000) from an overseas bank account. Federal Anti-Money Laundering and Anti-Fraud Laws require the banks to flag and hold any deposits above a certain threshold, or to flag any unusual deposits for review. This process MUST be completed before the funds are released by Federal Law. This process can take up to 10 days to complete. If your spouse attempted to make the purchase before the funds were released (pending deposits would fall under this, depending on your bank) then you would either incur an overdraft fee OR the transaction would be declined. In the end, Wells Fargo will only charge a $35 overdraft fee per transaction (if I read their TOS correctly), and will allow a maximum of 3 overdraft transactions per day.
Saturday is not a business day. Your deposit should not post until Monday night at the earliest. It is showing as pending but you made a purchase before it posted.
1
2,978
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ycdcvz
legaladvice_train
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I believe Wells Fargo is reordering our transaction in order to charge us overdraft fees. Is there anyway I can dispute that? (California branch) Long story short. I deposited 10,000 to my spouse’s Wells Fargo checking account from HSBC(Hong Kong) this Saturday evening, and proceed to make a purchase of 10k using the American bank account. This morning we got a notice from HSBC the deposit has gone through, and later in the evening, Wells sent us an email saying her account has gone below zero. Upon logging into her internet banking account we can see both the deposit and the purchase are both pending. Her account had available credits in the positive, but in the transaction history, the purchase has been placed first, putting her account into negative even though the deposit should have happened first. We don’t have any of the overdraft or super care or whatever special plans American banks have to offer. We suspect the bank is reordering our transaction so to put her account into the negatives so it can charge her extra overdraft. Are there any recourse for this? Can they close her account or will they charge us a lot in overdraft(and close our account)? I have no experience with American banking so this is completely new to me.
itm0kfi
itmi5vi
1,666,631,417
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$10,000 is the AML Threshold. Any foreign transaction of $10k triggers AML review, so I'm not surprised that the deposit was held up. I think for you to have a cause of action you'd need to prove that the bank either misrepresented to you that the funds were available, and then later penalized you, or that WF knew of both the deposit and withdrawal, both were approved, and then purposefully processed them in that order. My two cents is that is a high bar to overcome, but the only way you could genuinely know is by contacting a lawyer in your wife's jurisdiction, telling him or her the specific facts, and getting an opinion. No one on the internet can give you a definitive answer. Practical advice - call them up, explain the situation, and ask for grace on the overdraft fees. Be polite. I have no knowledge of HK banking laws or regulations so can't even begin to help answer on that side.
I am not a lawyer, but previously trained in Federal Anti-Fraud and Anti-Money Laundering Laws through a previous employer. The issue is due to the large deposit ($10,000) from an overseas bank account. Federal Anti-Money Laundering and Anti-Fraud Laws require the banks to flag and hold any deposits above a certain threshold, or to flag any unusual deposits for review. This process MUST be completed before the funds are released by Federal Law. This process can take up to 10 days to complete. If your spouse attempted to make the purchase before the funds were released (pending deposits would fall under this, depending on your bank) then you would either incur an overdraft fee OR the transaction would be declined. In the end, Wells Fargo will only charge a $35 overdraft fee per transaction (if I read their TOS correctly), and will allow a maximum of 3 overdraft transactions per day.
0
6,753
2.069767
ycdcvz
legaladvice_train
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I believe Wells Fargo is reordering our transaction in order to charge us overdraft fees. Is there anyway I can dispute that? (California branch) Long story short. I deposited 10,000 to my spouse’s Wells Fargo checking account from HSBC(Hong Kong) this Saturday evening, and proceed to make a purchase of 10k using the American bank account. This morning we got a notice from HSBC the deposit has gone through, and later in the evening, Wells sent us an email saying her account has gone below zero. Upon logging into her internet banking account we can see both the deposit and the purchase are both pending. Her account had available credits in the positive, but in the transaction history, the purchase has been placed first, putting her account into negative even though the deposit should have happened first. We don’t have any of the overdraft or super care or whatever special plans American banks have to offer. We suspect the bank is reordering our transaction so to put her account into the negatives so it can charge her extra overdraft. Are there any recourse for this? Can they close her account or will they charge us a lot in overdraft(and close our account)? I have no experience with American banking so this is completely new to me.
itmacy9
itm0kfi
1,666,635,192
1,666,631,417
51
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Saturday is not a business day. Your deposit should not post until Monday night at the earliest. It is showing as pending but you made a purchase before it posted.
$10,000 is the AML Threshold. Any foreign transaction of $10k triggers AML review, so I'm not surprised that the deposit was held up. I think for you to have a cause of action you'd need to prove that the bank either misrepresented to you that the funds were available, and then later penalized you, or that WF knew of both the deposit and withdrawal, both were approved, and then purposefully processed them in that order. My two cents is that is a high bar to overcome, but the only way you could genuinely know is by contacting a lawyer in your wife's jurisdiction, telling him or her the specific facts, and getting an opinion. No one on the internet can give you a definitive answer. Practical advice - call them up, explain the situation, and ask for grace on the overdraft fees. Be polite. I have no knowledge of HK banking laws or regulations so can't even begin to help answer on that side.
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5fiy7a
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Wells Fargo refuses to honor a cashier's check drawn up by their bank because I am not a customer. Pretty much that simple. I wanted cash out the on a valid cashier's check, I did not want to transfer the money. The check is for a large amount, but less money than it takes to buy a decent Jeep, which is what I'm going to be using the cash to buy. I understood going in that I might have to wait for a clearing period, etc. She refused to provide me with any documents showing why, even after calling the trust that issued the check and verifying its authenticity. The branch manager simply said, we don't have to honor any cashier's check for a non-customer, and asked me if I needed anything else, and showed me the door. What are my best options at this time?
daknncc
dakj6xo
1,480,436,592
1,480,430,698
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I've seen some people recommending you to open and close an account with Wells. Not good advice. Then they will tell you that the check has to be deposited, and even though it's a wells fargo cashier's check, it will put a hold on it since it's a new account. Compliance set in place to make sure people don't do this exact same thing. My recommendation is for you to go to another wells fargo branch, preferably one that is in a business district. Truth be told, they probably didn't have that much cash to give you at that moment. You may have to place an order with them, and wait for their shipment to arrive to cash the check. Another option you have, is to deposit it in your bank. I saw that you mentioned your account being linked to S-corp or something. Then I would open a personal account with your bank. Even if you take it to Wells Fargo, that check will be on record because it's on your name. No getting around the paper work, taxable or non-taxable.
>even after calling the trust that issued the check I don't think that a bank legally HAS to give cash for one of their cashier's checks, but I think that they usually do. I suppose their policy on that might depend on the amount of the check/cash. https://www.federalreserve.gov/pubs/regcc/regcc.htm But what do you mean that someone called "the trust that issued the check "? Who called and what is "the trust that issued the check". If you are not at the bank that issued the cashier's check, then they are most definitely NOT going to give you cash for it.
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5fiy7a
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Wells Fargo refuses to honor a cashier's check drawn up by their bank because I am not a customer. Pretty much that simple. I wanted cash out the on a valid cashier's check, I did not want to transfer the money. The check is for a large amount, but less money than it takes to buy a decent Jeep, which is what I'm going to be using the cash to buy. I understood going in that I might have to wait for a clearing period, etc. She refused to provide me with any documents showing why, even after calling the trust that issued the check and verifying its authenticity. The branch manager simply said, we don't have to honor any cashier's check for a non-customer, and asked me if I needed anything else, and showed me the door. What are my best options at this time?
dal2hra
dakj6xo
1,480,453,967
1,480,430,698
18
11
You might check to see if you already have an account with them that you don't know about...
>even after calling the trust that issued the check I don't think that a bank legally HAS to give cash for one of their cashier's checks, but I think that they usually do. I suppose their policy on that might depend on the amount of the check/cash. https://www.federalreserve.gov/pubs/regcc/regcc.htm But what do you mean that someone called "the trust that issued the check "? Who called and what is "the trust that issued the check". If you are not at the bank that issued the cashier's check, then they are most definitely NOT going to give you cash for it.
1
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5fiy7a
legaladvice_train
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Wells Fargo refuses to honor a cashier's check drawn up by their bank because I am not a customer. Pretty much that simple. I wanted cash out the on a valid cashier's check, I did not want to transfer the money. The check is for a large amount, but less money than it takes to buy a decent Jeep, which is what I'm going to be using the cash to buy. I understood going in that I might have to wait for a clearing period, etc. She refused to provide me with any documents showing why, even after calling the trust that issued the check and verifying its authenticity. The branch manager simply said, we don't have to honor any cashier's check for a non-customer, and asked me if I needed anything else, and showed me the door. What are my best options at this time?
dal2hra
dakq92d
1,480,453,967
1,480,439,695
18
6
You might check to see if you already have an account with them that you don't know about...
This is pretty normal and I've had it happen myself. I deposited the check in my normal bank account - problem solved. This is also true of numerous money order places. They issue money orders but will not cash them - you have to deposit them in your bank. If I am selling something and the person wants to pay by money order, they must give me a US Postal Money Order so I can cash it... well, cash it when the post office actually has the money on hand but that's a whole other rant.
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gf2cnf
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpretsm
fpridpy
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If you have proof you need to go to the cops, that's the only way to get him arrested. If you're nervous there are various victim resources you can access depending on location. I'm sorry that you have to face this and i understand you're scared but the authorities are the answer here. Also as a matter of personal advice if at all possible see a therapist, if you're in college there are campus resources usually.
Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
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gf2cnf
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpridpy
fpri0ss
1,588,854,916
1,588,854,660
470
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Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
I am not a lawyer however a quick search suggests statute of limitations on child sexual abuse is 35 years, so based on that you still have a case here. I also suggest you call police, and also back-up and protect your evidence, and stand your ground here because you're potentially saving a child from a life of torment. I also suggest (as another poster here has) that you contact some support services and talk through everything that you've kept to yourself, this could get really tough Source: https://www.mass.gov/info-details/massachusetts-law-about-statutes-of-limitations-in-civil-sexual-abuse-cases
1
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gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpr1p3p
fpridpy
1,588,839,266
1,588,854,916
133
470
Call the police
Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
0
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpridpy
fpr5r9v
1,588,854,916
1,588,843,396
470
22
Unless you're talking Epstein levels of connections, connections won't save him from child sex offences. Also most people who think they have "connections" don't have anywhere near the power they claim. It's a scare tactic probably aimed at you. Also the police are who you speak to. What is your proof?
IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
1
11,520
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gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpr1p3p
fpretsm
1,588,839,266
1,588,852,185
133
181
Call the police
If you have proof you need to go to the cops, that's the only way to get him arrested. If you're nervous there are various victim resources you can access depending on location. I'm sorry that you have to face this and i understand you're scared but the authorities are the answer here. Also as a matter of personal advice if at all possible see a therapist, if you're in college there are campus resources usually.
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gf2cnf
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpretsm
fpr5r9v
1,588,852,185
1,588,843,396
181
22
If you have proof you need to go to the cops, that's the only way to get him arrested. If you're nervous there are various victim resources you can access depending on location. I'm sorry that you have to face this and i understand you're scared but the authorities are the answer here. Also as a matter of personal advice if at all possible see a therapist, if you're in college there are campus resources usually.
IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
1
8,789
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gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpri0ss
fpr5r9v
1,588,854,660
1,588,843,396
133
22
I am not a lawyer however a quick search suggests statute of limitations on child sexual abuse is 35 years, so based on that you still have a case here. I also suggest you call police, and also back-up and protect your evidence, and stand your ground here because you're potentially saving a child from a life of torment. I also suggest (as another poster here has) that you contact some support services and talk through everything that you've kept to yourself, this could get really tough Source: https://www.mass.gov/info-details/massachusetts-law-about-statutes-of-limitations-in-civil-sexual-abuse-cases
IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
1
11,264
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gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fprqq7f
fprmy7t
1,588,860,172
1,588,857,927
38
34
Contact the Victim Rights Law Center in Boston, immediately. http://www.victimrights.org/
There's connections and there's connections that GFTO once the words kiddy porn pops up ... most connections will be the GTFO kind. Call the police, make the report and provide them the evidence. If not for you, for any other victims he may have made so far, or will make in the future. You can make an anonymous report via for example a lawyer, but these days, nothing really is anonymous.
1
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gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fprqq7f
fprle0w
1,588,860,172
1,588,856,938
38
22
Contact the Victim Rights Law Center in Boston, immediately. http://www.victimrights.org/
How can you attempt to have him arrested without filing a report of crime?. I am sorry for your situation.
1
3,234
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gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpr5r9v
fprqq7f
1,588,843,396
1,588,860,172
22
38
IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
Contact the Victim Rights Law Center in Boston, immediately. http://www.victimrights.org/
0
16,776
1.727273
gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fprle0w
fprmy7t
1,588,856,938
1,588,857,927
22
34
How can you attempt to have him arrested without filing a report of crime?. I am sorry for your situation.
There's connections and there's connections that GFTO once the words kiddy porn pops up ... most connections will be the GTFO kind. Call the police, make the report and provide them the evidence. If not for you, for any other victims he may have made so far, or will make in the future. You can make an anonymous report via for example a lawyer, but these days, nothing really is anonymous.
0
989
1.545455
gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fprmy7t
fpr5r9v
1,588,857,927
1,588,843,396
34
22
There's connections and there's connections that GFTO once the words kiddy porn pops up ... most connections will be the GTFO kind. Call the police, make the report and provide them the evidence. If not for you, for any other victims he may have made so far, or will make in the future. You can make an anonymous report via for example a lawyer, but these days, nothing really is anonymous.
IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
1
14,531
1.545455
gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fprraxu
fprle0w
1,588,860,504
1,588,856,938
26
22
The adult victims of child abuse who have knowledge of an abuser who has access to children can report the abuser to CPS. They will be able to give you advice for your state/county about what steps you might be able to take legally. At the very least, it puts him on their radar and, if he has another child, you can call them up and they can act on the claim. I'm so sorry for the trauma you must have suffered.
How can you attempt to have him arrested without filing a report of crime?. I am sorry for your situation.
1
3,566
1.181818
gf2cnf
legaladvice_train
0.92
My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fpr5r9v
fprraxu
1,588,843,396
1,588,860,504
22
26
IMNAL and I’m not too sure about criminal statutes of limitation for this (though I’m pretty sure the clock doesn’t start ticking until you’re 18, so if you’re in your twenties and it hasn’t even been 10 years then you should definitely have a case, especially if you have proof). Secondly, depending on where you live, you could probably also sue him. New York suspended its limitations entirely for child sex abuse civil suits (in response to the church scandals) and I’m sure that includes you too. You say he has a lot of money and you could have free legal consults to see if you have a case. If so I’m sure many lawyers would happily take him to the cleaners and then maybe he won’t be so wealthy and well connected after all. You deserve restitution at the very least, don’t you think? Edit: word
The adult victims of child abuse who have knowledge of an abuser who has access to children can report the abuser to CPS. They will be able to give you advice for your state/county about what steps you might be able to take legally. At the very least, it puts him on their radar and, if he has another child, you can call them up and they can act on the claim. I'm so sorry for the trauma you must have suffered.
0
17,108
1.181818
gf2cnf
legaladvice_train
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fprw5n8
fprtmxb
1,588,863,190
1,588,861,808
7
2
If you’re concerned about police connections, contact the Mass State Police. They have jurisdiction throughout the state and it’s MUCH less likely that he would be able to influence them especially after the recent house cleaning. I think that you could justify calling them first if you can prove any connection with the local cops, if the State Police have local jurisdiction (small town) or if anything happened in 2 or more towns/cities. Not a lawyer, but if anything happened across state lines, you should be able to involve the feds. Also, you need to contact some child protection organizations.
Not a lawyer. If you have proof, contact the police. You may also contact CPS.
1
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gf2cnf
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My dad sexually abused me from when I was 4-12/13 and is planning on having another child. How do I get him arrested? My father is a psychopath and a pedophile and I have proof. I haven't spoken to his side of the family because they know about him and they are protecting him. I'm afraid to speak publicly about it because he has a lot of money and connections. I'm in Massachusetts. I need as much advice as possible. What are my options?
fps53ax
fprtmxb
1,588,867,607
1,588,861,808
5
2
Can we see more of the journal? Nothing that you’ve posted paints him as a psycho or pedophile. You have made several post on other subs but so far have only said you have gut feelings? Also how is the family covering for him when it’s never been brought up outside of your conversation with your mom.
Not a lawyer. If you have proof, contact the police. You may also contact CPS.
1
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5ey768
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{IN} hey, uh, tough question to talk about. I was sexually abused by my older sister when she was 12 and I was 8. I asked her to pay for counseling but she refused. Although just do have her confessions in text format. I need help, I feel awful that she hates me but I can't pay for it...
dag7q0z
dag187g
1,480,163,048
1,480,141,809
110
13
She was 12, she will in no way be responsible for your therapy or to be liable to pay you any damages. You're going to have to accept that she was also a very young minor during this that made a mistake.
What kind of text format? Handwritten letter, email, text message on a phone?
1
21,239
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5ey768
legaladvice_train
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{IN} hey, uh, tough question to talk about. I was sexually abused by my older sister when she was 12 and I was 8. I asked her to pay for counseling but she refused. Although just do have her confessions in text format. I need help, I feel awful that she hates me but I can't pay for it...
dag187g
dag83cf
1,480,141,809
1,480,164,329
13
44
What kind of text format? Handwritten letter, email, text message on a phone?
Talk to RAINN. There are likely some resources out there for you.
0
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5ey768
legaladvice_train
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{IN} hey, uh, tough question to talk about. I was sexually abused by my older sister when she was 12 and I was 8. I asked her to pay for counseling but she refused. Although just do have her confessions in text format. I need help, I feel awful that she hates me but I can't pay for it...
dag187g
dagb8ld
1,480,141,809
1,480,172,294
13
20
What kind of text format? Handwritten letter, email, text message on a phone?
There are therapists that have 'sliding scale' fees, so you can get help for less money.
0
30,485
1.538462
5ey768
legaladvice_train
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{IN} hey, uh, tough question to talk about. I was sexually abused by my older sister when she was 12 and I was 8. I asked her to pay for counseling but she refused. Although just do have her confessions in text format. I need help, I feel awful that she hates me but I can't pay for it...
dagdg2v
dag187g
1,480,176,299
1,480,141,809
14
13
Legally there is no way you could force your sister to pay for your crimes. The only legal mechanism to accomplish that would be a civil lawsuit, and the statue of limitations for that has long since past. I'm sorry for what happened to you. There are other comments with suggestions finding for affordable counseling. As has also been mentioned, there is a very high probability that your sister is herself also a victim. I hope you find healing and some peace.
What kind of text format? Handwritten letter, email, text message on a phone?
1
34,490
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mpri66
legaladvice_train
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(Maine, USA) Autistic girl I know has been verbally/physically/sexually abused for years by her father. CPS called 5-6 times, nothing happens. Rape kit done awhile back, nothing. Family always defends the father, including her siblings. This is in a small town. Essentially that’s everything. This is a friend of my younger brother’s and we don’t live in the same town as her anymore but have kept in touch. She is 13 years old now. Father is ex military. She is so desperate at this point that my brother has now finally come to me to try and get his friend help, because he’s genuinely scared for her. As someone who was also assaulted from a young age, this pains me deeply, and I would do practically anything to help this girl. I’ve considered a lot of options but I don’t know the best way to go about this legally. It feels like everything is a dead end or has been tried already. Please, if you can provide any help or make sense of what to do, let me know. I want to get this child help asap. It’s been long enough.
gubm7us
gubz96k
1,618,276,958
1,618,284,032
44
111
this is a bit sticky of a situation. legally speaking the only thing you can do is call CPS or eq and explain the whole situation. I get that since they have been called multiple times, you likely feel like that's a dead end, but you have near zero ability to help further/without some other contributing factor.
Does she have access to a phone? Edit: Not a lawyer, former victim's advocate and rape victim. I am just going to edit this for what I would advise. If she has access to a phone, next time she is assaulted, (I am so sorry), make sure she knows not to change or wash anything. Make sure you and your brother can meet her at the ER. You will have to get involved for this to work. Have her call 911 and request an ambulance, if she can only signal you somehow, you are going to have to do it. You need to work out something that is real for her reason for the ambulance, (does she suffer from panic related issues like dizzy spell or chest pain?) The import thing is, you get her on that ambulance. Once on the ambulance and away from her parents property, she needs to tell them she has been raped. Medical staff are mandatory reporters and you need to get this out of the realm of police and CPS only. You need to involve as many people as possible. If she thinks for any reason they are going to release her right away, (parents show up at the hospital before she gets there and says she is lying), then I can tell you that if she feels like she might harm herself, they have no choice but to hold her for 72 hours. They will also have to document what is causing this behavior. Remember, everyone involved is a mandatory reporter. She needs to be upfront and use as clear language as possible. If it takes her telling every doctor or nurse that she sees, "if you send me back there my father will rape me again" then that is what she is going to have to do. She needs to let the doctors know her autism diagnosis is being used to turn her into trapped rape victim. You and your brother need to write down in a concise manner what has happened. What has been communicated to you and what you have seen. Get the name of anyone she has reported this to. If you are able, get statements to them. You are going to have to throw everything at the wall in this attempt because if she goes back there after this... Well she can't is the thing. This has to be as loud and as public as possible. I am terribly sorry for that.
0
7,074
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mpri66
legaladvice_train
0.92
(Maine, USA) Autistic girl I know has been verbally/physically/sexually abused for years by her father. CPS called 5-6 times, nothing happens. Rape kit done awhile back, nothing. Family always defends the father, including her siblings. This is in a small town. Essentially that’s everything. This is a friend of my younger brother’s and we don’t live in the same town as her anymore but have kept in touch. She is 13 years old now. Father is ex military. She is so desperate at this point that my brother has now finally come to me to try and get his friend help, because he’s genuinely scared for her. As someone who was also assaulted from a young age, this pains me deeply, and I would do practically anything to help this girl. I’ve considered a lot of options but I don’t know the best way to go about this legally. It feels like everything is a dead end or has been tried already. Please, if you can provide any help or make sense of what to do, let me know. I want to get this child help asap. It’s been long enough.
gubz96k
gubpsy5
1,618,284,032
1,618,278,801
111
22
Does she have access to a phone? Edit: Not a lawyer, former victim's advocate and rape victim. I am just going to edit this for what I would advise. If she has access to a phone, next time she is assaulted, (I am so sorry), make sure she knows not to change or wash anything. Make sure you and your brother can meet her at the ER. You will have to get involved for this to work. Have her call 911 and request an ambulance, if she can only signal you somehow, you are going to have to do it. You need to work out something that is real for her reason for the ambulance, (does she suffer from panic related issues like dizzy spell or chest pain?) The import thing is, you get her on that ambulance. Once on the ambulance and away from her parents property, she needs to tell them she has been raped. Medical staff are mandatory reporters and you need to get this out of the realm of police and CPS only. You need to involve as many people as possible. If she thinks for any reason they are going to release her right away, (parents show up at the hospital before she gets there and says she is lying), then I can tell you that if she feels like she might harm herself, they have no choice but to hold her for 72 hours. They will also have to document what is causing this behavior. Remember, everyone involved is a mandatory reporter. She needs to be upfront and use as clear language as possible. If it takes her telling every doctor or nurse that she sees, "if you send me back there my father will rape me again" then that is what she is going to have to do. She needs to let the doctors know her autism diagnosis is being used to turn her into trapped rape victim. You and your brother need to write down in a concise manner what has happened. What has been communicated to you and what you have seen. Get the name of anyone she has reported this to. If you are able, get statements to them. You are going to have to throw everything at the wall in this attempt because if she goes back there after this... Well she can't is the thing. This has to be as loud and as public as possible. I am terribly sorry for that.
Go to the police. Report it to them.
1
5,231
5.045455
mpri66
legaladvice_train
0.92
(Maine, USA) Autistic girl I know has been verbally/physically/sexually abused for years by her father. CPS called 5-6 times, nothing happens. Rape kit done awhile back, nothing. Family always defends the father, including her siblings. This is in a small town. Essentially that’s everything. This is a friend of my younger brother’s and we don’t live in the same town as her anymore but have kept in touch. She is 13 years old now. Father is ex military. She is so desperate at this point that my brother has now finally come to me to try and get his friend help, because he’s genuinely scared for her. As someone who was also assaulted from a young age, this pains me deeply, and I would do practically anything to help this girl. I’ve considered a lot of options but I don’t know the best way to go about this legally. It feels like everything is a dead end or has been tried already. Please, if you can provide any help or make sense of what to do, let me know. I want to get this child help asap. It’s been long enough.
gubrhur
gubz96k
1,618,279,700
1,618,284,032
17
111
How do you know? Has she reported it to your brother? Is there a way to get a recording of her describing the abuse, i.e., during a phone call w your brother? Could she be convinced to report it to a teacher or school counselor when she's at school?
Does she have access to a phone? Edit: Not a lawyer, former victim's advocate and rape victim. I am just going to edit this for what I would advise. If she has access to a phone, next time she is assaulted, (I am so sorry), make sure she knows not to change or wash anything. Make sure you and your brother can meet her at the ER. You will have to get involved for this to work. Have her call 911 and request an ambulance, if she can only signal you somehow, you are going to have to do it. You need to work out something that is real for her reason for the ambulance, (does she suffer from panic related issues like dizzy spell or chest pain?) The import thing is, you get her on that ambulance. Once on the ambulance and away from her parents property, she needs to tell them she has been raped. Medical staff are mandatory reporters and you need to get this out of the realm of police and CPS only. You need to involve as many people as possible. If she thinks for any reason they are going to release her right away, (parents show up at the hospital before she gets there and says she is lying), then I can tell you that if she feels like she might harm herself, they have no choice but to hold her for 72 hours. They will also have to document what is causing this behavior. Remember, everyone involved is a mandatory reporter. She needs to be upfront and use as clear language as possible. If it takes her telling every doctor or nurse that she sees, "if you send me back there my father will rape me again" then that is what she is going to have to do. She needs to let the doctors know her autism diagnosis is being used to turn her into trapped rape victim. You and your brother need to write down in a concise manner what has happened. What has been communicated to you and what you have seen. Get the name of anyone she has reported this to. If you are able, get statements to them. You are going to have to throw everything at the wall in this attempt because if she goes back there after this... Well she can't is the thing. This has to be as loud and as public as possible. I am terribly sorry for that.
0
4,332
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legaladvice_train
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(Ontario) Recourse for a man who has been falsely accused of sexual harassment? A vengeful exgirlfriend and excoworker filed a sexual harassment claim against me through the Human Rights Tribunal of Ontario. Within the claim were also points about my workplace failing to conduct a proper investigation and points alluding to wrongful dismissal. I got a lawyer for the matter. While waiting the 8 months between receiving the notice and the scheduled mediation, I created a case for myself that proved decisively that I did not do any of the things she accused me of. I had text messages, Facebook messages, and witnesses who outright refuted her claims that they saw something. Further, two after my initial response was due, she sent me a picture message of her boyfriend and her dog. We had not spoken or texted in one year prior to this. It was sent in an attempt to provoke a reaction out of me. I did not respond. She also has a history of this behavior: she had already managed to get a manager terminated for alleged sexual harassment and claims to have been sexually assaulted one night downtown. Although she is very vocal about the latter, she has never done anything about it. The mediation has now passed. She managed to receive a large amount of money from my employer for failing to perform an adequate investigation. Of which I suffered for as well. If protocol was followed properly, I would not be in this situation and therefore I am a victim of their incompetence as well. When she asked me for a ridiculous sum of money I declined and was willing to take the claim to a hearing against my lawyer's judgement as that would prolong everything and ultimately be more expensive and draining. However, upon being presented with all of the evidence I possessed against her, she instead chose to take the money my employer granted her and settle the matter globally. I felt it is against my principles to give her any amount of money for something I did not do and was willing to spend thousands more than that would have costed me. My lawyer speculated that she used me as a scapegoat to get to my employer through the HRTO as this is a free medium that even supplies the complainant with a lawyer. Were she to go through the proper channels for employee/employer infractions, it would have costed her money and there is a potential of loss. She is attending a law program next year and needs the money for tuition and residency. My question is: do I have any recourse whatsoever for the year of depression, stress, cost, and other damages this blatantly false claim has caused me? My reputation at work has been damaged through the word of her friends that still work there. Further my potential career path, one that works with children that I spent years of schooling for, was threatened. I feel wronged and left behind by a law system that allowed this to happen. Thank you so much in advance for any assistance whatsoever.
e3abiha
e3ac63i
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r/legaladvicecanada
There is always a defamation action. Of course, you'd need to speak in depth with a lawyer to review you situation, the evidence you'd be able to present, and your potential damages, to see if this course of action would be advisable.
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(Ontario) Recourse for a man who has been falsely accused of sexual harassment? A vengeful exgirlfriend and excoworker filed a sexual harassment claim against me through the Human Rights Tribunal of Ontario. Within the claim were also points about my workplace failing to conduct a proper investigation and points alluding to wrongful dismissal. I got a lawyer for the matter. While waiting the 8 months between receiving the notice and the scheduled mediation, I created a case for myself that proved decisively that I did not do any of the things she accused me of. I had text messages, Facebook messages, and witnesses who outright refuted her claims that they saw something. Further, two after my initial response was due, she sent me a picture message of her boyfriend and her dog. We had not spoken or texted in one year prior to this. It was sent in an attempt to provoke a reaction out of me. I did not respond. She also has a history of this behavior: she had already managed to get a manager terminated for alleged sexual harassment and claims to have been sexually assaulted one night downtown. Although she is very vocal about the latter, she has never done anything about it. The mediation has now passed. She managed to receive a large amount of money from my employer for failing to perform an adequate investigation. Of which I suffered for as well. If protocol was followed properly, I would not be in this situation and therefore I am a victim of their incompetence as well. When she asked me for a ridiculous sum of money I declined and was willing to take the claim to a hearing against my lawyer's judgement as that would prolong everything and ultimately be more expensive and draining. However, upon being presented with all of the evidence I possessed against her, she instead chose to take the money my employer granted her and settle the matter globally. I felt it is against my principles to give her any amount of money for something I did not do and was willing to spend thousands more than that would have costed me. My lawyer speculated that she used me as a scapegoat to get to my employer through the HRTO as this is a free medium that even supplies the complainant with a lawyer. Were she to go through the proper channels for employee/employer infractions, it would have costed her money and there is a potential of loss. She is attending a law program next year and needs the money for tuition and residency. My question is: do I have any recourse whatsoever for the year of depression, stress, cost, and other damages this blatantly false claim has caused me? My reputation at work has been damaged through the word of her friends that still work there. Further my potential career path, one that works with children that I spent years of schooling for, was threatened. I feel wronged and left behind by a law system that allowed this to happen. Thank you so much in advance for any assistance whatsoever.
e3amzms
e3abiha
1,532,965,492
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If you wish to sue, you will need demonstrable, quantifiable damages. "This stressed me out for a year" is not quantifiable. "This caused me undue stress and I began seeing a therapist as of Nov. 1 2017. Here are all of the bills from my therapist as of this point" is quantifiable. Since you already have a lawyer (who is presumably already familiar with the situation), you can speak with her/him about the prospect of a launching a civil suit against your ex.
r/legaladvicecanada
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt25mdz
dt280nz
1,516,628,543
1,516,631,754
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139
1.) You don't list your state- that's important enough that there are multiple reminders of it before you post. 2.) You don't say exactly what it is you're accused of doing. 3.) Your boss is allowed to make a decision about who be believes, even if the full investigation is not done yet.
I am not a lawyer, so one can correct me if I'm wrong, but: personally, I would never, ever mention the fact that she called herself a hoebag and talked about fucking her ex. That rings uncomfortably close to 'Well she said sex stuff about herself, so it was fine for me to do it too!' Same for the other mean stuff she said: don't mention it. It'll sound like you're trying to shift blame because you did in fact do something wrong. Ever seen a kid who's been accused of hitting his brother? 'No I didn't, and he hit me first!' or 'No I didn't, and he was messing with my stuff!' both mean 'Yeah, I totally hit him.' You don't want to set that tone. Any statement you make needs to focus entirely on your own actions: I have never mentioned x sexual act to her (or 'I don't remember ever mentioning x sexual act to her' if that's the case, which it sounds like from your post), I have never mentioned x dating site to her, I have never had or expressed the slightest sexual interest in her, or whatever.
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt280nz
dt25k8u
1,516,631,754
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I am not a lawyer, so one can correct me if I'm wrong, but: personally, I would never, ever mention the fact that she called herself a hoebag and talked about fucking her ex. That rings uncomfortably close to 'Well she said sex stuff about herself, so it was fine for me to do it too!' Same for the other mean stuff she said: don't mention it. It'll sound like you're trying to shift blame because you did in fact do something wrong. Ever seen a kid who's been accused of hitting his brother? 'No I didn't, and he hit me first!' or 'No I didn't, and he was messing with my stuff!' both mean 'Yeah, I totally hit him.' You don't want to set that tone. Any statement you make needs to focus entirely on your own actions: I have never mentioned x sexual act to her (or 'I don't remember ever mentioning x sexual act to her' if that's the case, which it sounds like from your post), I have never mentioned x dating site to her, I have never had or expressed the slightest sexual interest in her, or whatever.
Assuming this is not a troll post, and assuming you’re not in a union, you can be fired for an accusation, false or otherwise, or because the sky has a purple tint today. There is no innocent until proven guilty outside of a court of law. You seem to admit there is a “story” to tell, ~~so tell your side of the story~~. (If police ask, the answer is completely different, do not tell them anything without a lawyer.) if you are fired, file,for unemployment. If it is denied, appeal. Edit: One question though. Do you know what the “story” is? I’d probably decline to tell my side of the story unless I was presented with a story to refute (or not refute). What you write could be used against you in a denial of unemployment, so I’m going to modify my advice and recommend not giving them this ammunition if you think you’re going to be fired anyway.
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7s5n65
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt280nz
dt24g34
1,516,631,754
1,516,626,740
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I am not a lawyer, so one can correct me if I'm wrong, but: personally, I would never, ever mention the fact that she called herself a hoebag and talked about fucking her ex. That rings uncomfortably close to 'Well she said sex stuff about herself, so it was fine for me to do it too!' Same for the other mean stuff she said: don't mention it. It'll sound like you're trying to shift blame because you did in fact do something wrong. Ever seen a kid who's been accused of hitting his brother? 'No I didn't, and he hit me first!' or 'No I didn't, and he was messing with my stuff!' both mean 'Yeah, I totally hit him.' You don't want to set that tone. Any statement you make needs to focus entirely on your own actions: I have never mentioned x sexual act to her (or 'I don't remember ever mentioning x sexual act to her' if that's the case, which it sounds like from your post), I have never mentioned x dating site to her, I have never had or expressed the slightest sexual interest in her, or whatever.
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
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7s5n65
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt25mdz
dt25k8u
1,516,628,543
1,516,628,454
127
15
1.) You don't list your state- that's important enough that there are multiple reminders of it before you post. 2.) You don't say exactly what it is you're accused of doing. 3.) Your boss is allowed to make a decision about who be believes, even if the full investigation is not done yet.
Assuming this is not a troll post, and assuming you’re not in a union, you can be fired for an accusation, false or otherwise, or because the sky has a purple tint today. There is no innocent until proven guilty outside of a court of law. You seem to admit there is a “story” to tell, ~~so tell your side of the story~~. (If police ask, the answer is completely different, do not tell them anything without a lawyer.) if you are fired, file,for unemployment. If it is denied, appeal. Edit: One question though. Do you know what the “story” is? I’d probably decline to tell my side of the story unless I was presented with a story to refute (or not refute). What you write could be used against you in a denial of unemployment, so I’m going to modify my advice and recommend not giving them this ammunition if you think you’re going to be fired anyway.
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7s5n65
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt25mdz
dt24g34
1,516,628,543
1,516,626,740
127
2
1.) You don't list your state- that's important enough that there are multiple reminders of it before you post. 2.) You don't say exactly what it is you're accused of doing. 3.) Your boss is allowed to make a decision about who be believes, even if the full investigation is not done yet.
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
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Assuming this is not a troll post, and assuming you’re not in a union, you can be fired for an accusation, false or otherwise, or because the sky has a purple tint today. There is no innocent until proven guilty outside of a court of law. You seem to admit there is a “story” to tell, ~~so tell your side of the story~~. (If police ask, the answer is completely different, do not tell them anything without a lawyer.) if you are fired, file,for unemployment. If it is denied, appeal. Edit: One question though. Do you know what the “story” is? I’d probably decline to tell my side of the story unless I was presented with a story to refute (or not refute). What you write could be used against you in a denial of unemployment, so I’m going to modify my advice and recommend not giving them this ammunition if you think you’re going to be fired anyway.
1. You mention several things that your accuser has done -- these are not relevant. Stop mentioning them, it doesn't help. 2. There are three bad outcomes you want to avoid: a) Going to jail for sexual assault or other crimes b) Losing your job c) Having your colleagues think badly of you These are in order for a reason... you probably want to do things that help you to hang onto your job no matter what impact it has on your reputation. And you definitely want to avoid doing anything that would get you prosecuted for a crime, even if it means losing your job. The good news is that given what you described it sounds unlikely that you are at any risk of being prosecuted for a crime... but you still need to avoid doing something silly like writing a statement for your employer that admits to a crime. And people have been known to do that *by mistake*. So it might be wise (although I'm not suggesting it is necessary) to check with a lawyer before writing up a statement of "your side of the story". If you do write up a statement anyway, think carefully about whether anything you are admitting to is illegal. As for the second risk (losing your job) I can offer you absolutely no assurances. In Ohio, it is *perfectly legal* for your employer to fire you for something you didn't do. That's right... they can fire you for having sunk the Statue of Liberty into the ocean (which you didn't do... I can still see it there), or more seriously they can fire you because they think you MIGHT have engaged in sexual harassment, even though you have clear proof that you didn't. So the question of whether you keep your job comes down to your employer's opinion and their sense of justice -- you have no legal protections. (Except perhaps if you're in a union or have an employment contract.) The best approach here is thus an interpersonal one: be open and honest with your boss, as that helps. Avoid making accusations so it doesn't become a "he-said/she-said" (that's why I suggest you stop mentioning "bad" things she did). If it is true, be very clear that you don't know what you are accused of. And be very respectful of your boss, who now has a difficult problem: two employees, one of whom is lying, and your boss's reputation is on the line with respect to how they handle it.
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
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1. You mention several things that your accuser has done -- these are not relevant. Stop mentioning them, it doesn't help. 2. There are three bad outcomes you want to avoid: a) Going to jail for sexual assault or other crimes b) Losing your job c) Having your colleagues think badly of you These are in order for a reason... you probably want to do things that help you to hang onto your job no matter what impact it has on your reputation. And you definitely want to avoid doing anything that would get you prosecuted for a crime, even if it means losing your job. The good news is that given what you described it sounds unlikely that you are at any risk of being prosecuted for a crime... but you still need to avoid doing something silly like writing a statement for your employer that admits to a crime. And people have been known to do that *by mistake*. So it might be wise (although I'm not suggesting it is necessary) to check with a lawyer before writing up a statement of "your side of the story". If you do write up a statement anyway, think carefully about whether anything you are admitting to is illegal. As for the second risk (losing your job) I can offer you absolutely no assurances. In Ohio, it is *perfectly legal* for your employer to fire you for something you didn't do. That's right... they can fire you for having sunk the Statue of Liberty into the ocean (which you didn't do... I can still see it there), or more seriously they can fire you because they think you MIGHT have engaged in sexual harassment, even though you have clear proof that you didn't. So the question of whether you keep your job comes down to your employer's opinion and their sense of justice -- you have no legal protections. (Except perhaps if you're in a union or have an employment contract.) The best approach here is thus an interpersonal one: be open and honest with your boss, as that helps. Avoid making accusations so it doesn't become a "he-said/she-said" (that's why I suggest you stop mentioning "bad" things she did). If it is true, be very clear that you don't know what you are accused of. And be very respectful of your boss, who now has a difficult problem: two employees, one of whom is lying, and your boss's reputation is on the line with respect to how they handle it.
Accept the fact that you're going to get fired or (even worse) pushed to resign over a false accusation. Let your boss know that you had absolutely no such contact with her and that you'd like to know what it is about. If you get fired over this you may want to hire a lawyer because it could cause issues in finding future employment
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt2g7df
dt24g34
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1. You mention several things that your accuser has done -- these are not relevant. Stop mentioning them, it doesn't help. 2. There are three bad outcomes you want to avoid: a) Going to jail for sexual assault or other crimes b) Losing your job c) Having your colleagues think badly of you These are in order for a reason... you probably want to do things that help you to hang onto your job no matter what impact it has on your reputation. And you definitely want to avoid doing anything that would get you prosecuted for a crime, even if it means losing your job. The good news is that given what you described it sounds unlikely that you are at any risk of being prosecuted for a crime... but you still need to avoid doing something silly like writing a statement for your employer that admits to a crime. And people have been known to do that *by mistake*. So it might be wise (although I'm not suggesting it is necessary) to check with a lawyer before writing up a statement of "your side of the story". If you do write up a statement anyway, think carefully about whether anything you are admitting to is illegal. As for the second risk (losing your job) I can offer you absolutely no assurances. In Ohio, it is *perfectly legal* for your employer to fire you for something you didn't do. That's right... they can fire you for having sunk the Statue of Liberty into the ocean (which you didn't do... I can still see it there), or more seriously they can fire you because they think you MIGHT have engaged in sexual harassment, even though you have clear proof that you didn't. So the question of whether you keep your job comes down to your employer's opinion and their sense of justice -- you have no legal protections. (Except perhaps if you're in a union or have an employment contract.) The best approach here is thus an interpersonal one: be open and honest with your boss, as that helps. Avoid making accusations so it doesn't become a "he-said/she-said" (that's why I suggest you stop mentioning "bad" things she did). If it is true, be very clear that you don't know what you are accused of. And be very respectful of your boss, who now has a difficult problem: two employees, one of whom is lying, and your boss's reputation is on the line with respect to how they handle it.
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt25k8u
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Assuming this is not a troll post, and assuming you’re not in a union, you can be fired for an accusation, false or otherwise, or because the sky has a purple tint today. There is no innocent until proven guilty outside of a court of law. You seem to admit there is a “story” to tell, ~~so tell your side of the story~~. (If police ask, the answer is completely different, do not tell them anything without a lawyer.) if you are fired, file,for unemployment. If it is denied, appeal. Edit: One question though. Do you know what the “story” is? I’d probably decline to tell my side of the story unless I was presented with a story to refute (or not refute). What you write could be used against you in a denial of unemployment, so I’m going to modify my advice and recommend not giving them this ammunition if you think you’re going to be fired anyway.
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt372yh
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For future reference, if you had reported some of _her_ behavior to HR as soon as it happened (especially w/in her probationary period), HR would likely have defended you and fired her. Even without the sexual component of her comments, they would have had to address her mocking your handicap, or risk being sued themselves for fostering a hostile workplace for a member of a protected class. *Quick wiki-explanation: _"To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions..."_
Accept the fact that you're going to get fired or (even worse) pushed to resign over a false accusation. Let your boss know that you had absolutely no such contact with her and that you'd like to know what it is about. If you get fired over this you may want to hire a lawyer because it could cause issues in finding future employment
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
dt372yh
dt24g34
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For future reference, if you had reported some of _her_ behavior to HR as soon as it happened (especially w/in her probationary period), HR would likely have defended you and fired her. Even without the sexual component of her comments, they would have had to address her mocking your handicap, or risk being sued themselves for fostering a hostile workplace for a member of a protected class. *Quick wiki-explanation: _"To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions..."_
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
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Accept the fact that you're going to get fired or (even worse) pushed to resign over a false accusation. Let your boss know that you had absolutely no such contact with her and that you'd like to know what it is about. If you get fired over this you may want to hire a lawyer because it could cause issues in finding future employment
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
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I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty. I live in Ohio. I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. 3) Belittled me to other shift coworkers by saying "ya know that <medical thing I wear that no one else does>? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss.
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--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/EonofAeon Title: **I have just been falsely accused of sexual harassment; Main Boss is treating me like I'm already guilty.** Original Post: > I was called in this morning at the end of my shift and told "don't play dumb", "this is the way we're going to play it" and "don't act stupid." He name dropped the #MeToo and #TimesUp movements before proceeding to tell me "In this climate, I thought you'd have a higher moral standing" and "have more awareness of your actions" or some such. > > He said we need to wait for the 'investigation' to complete, but with his tone, interruptions, and wording it feels like I'm waiting for a guaranteed axe to drop. I felt belittled, insulted, and worst of all without options. I was warned not to do "retaliation", and of course our life resources have no links/connections to any lawyers specializing in Sexual Harassment and/or Employment Law. > > My accuser has been here barely 3 months, and in that time she has, to the knowledge of rest of our crew; > 1) Snidely made fun of both me and another coworker for losing family members in November/December while "hers are alive and kicking". > 2) Repeatedly told me she "used to be a hoebag" and "had her hoebag days". How she "was seriously considering going back to fucking her ex" because of this or that reason. > 3) Belittled me to other shift coworkers by saying "ya know that &lt;medical thing I wear that no one else does&gt;? He's got no chance!" (And both she and coworkers know and have for months I have 0 interest in her. I was never "trying to hook up", I have no interest in telling her anything sexual.) > > Our night crew has always been a relatively chill and relaxed group, and I won't lie; I have been apart of group conversations of sexual natures, but I never started them and they never included her. He dropped info of accusations about certain sex acts and "dating sites"; two things I don't recall ever talking about with her. In fact....I know of only one single coworker who's ever shared that info with me or heard it from me, and its the coworker who lost her father the day my accuser snidely bragged that her family members were still alive (so I feel like the chances of being betrayed by the coworker are low) > > I'm at a loss as to how to proceed...I was advised to write a statement for my side of the story, and I was planning to do that this morning...but I'm worried that I'm being held as guilty before innocent, and with things of this nature (and the fact that such a big store with such a small crew means often we're alone or 2 people nearby at best)....I'm worried I'm fucked. Especially in this current social climate, I'm legitimately worried I am about to be on the receiving end of undue job termination and/or legal punishment by a woman abusing two courageous movements to further her own ends. > > I've never called a lawyer or contacted one, and I dunno that I can fully afford one (I only make 15k a year atm) but I'm kind of at a loss. --- LocationBot 4.0 | GitHub (Coming Soon) | Statistics | Report Issues
I am not a lawyer but I am under the impression that even if she overheard some of the sexual things you were saying, that is potentially enough to create a hostile/unreasonable workplace. You don't have to be saying them to her for the harassment to apply if the content was enough to make her uncomfortable going to work with you. Your post states that you don't think you said anything like that to her, but you probably did say things of that nature within potential earshot yeah? Going forward I would make it a point to not have sexual discussions at work.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
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Unless your fiancée adopts your sister at some point it's highly unlikely. If she does adopt her it's highly likely that she will at the very least get vists
I am not a lawyer, but unless you are declared unfit to parent, I don't think so since she isn't related. I haven't heard of any divorces resulting in one party becoming the guardian of their step-child. Maybe If your sister wants to live with her she would have a case, but I don't think so.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
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The guardianship is a role created and supervised by the court. Marriage shouldn't make your wife co-guardian unless you apply for that change. And divorce won't undo the guardianship by itself. If you live together for years, get divorced, and your wife applies to be guardian because she says she's better at it than you are, the court would certainly have something to chew on.
I am not a lawyer In addition to resolving this question, you may want to think about what happens to your sister if you die. Would you want your fiance to have guardianship of her or is there someone else you would rather fill that role? I'm asking because it's going to be difficult to have it both ways. That is, if you arrange it so your fiance is not considered your sisters guardian in the event of a divorce, it is likely she won't be considered her guardian in the event of death. Even less drastic situations may result in some problems. Let's say you are out of town and your sister needs medical attention. Will your finace (wife) be allowed to make any immediate decisions or will your sister's care be delayed until you can be reached? You may want to consult an attorney and put your will, power of attorney, etc. into place so your sister has the best of care no matter what.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
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I am not a lawyer In addition to resolving this question, you may want to think about what happens to your sister if you die. Would you want your fiance to have guardianship of her or is there someone else you would rather fill that role? I'm asking because it's going to be difficult to have it both ways. That is, if you arrange it so your fiance is not considered your sisters guardian in the event of a divorce, it is likely she won't be considered her guardian in the event of death. Even less drastic situations may result in some problems. Let's say you are out of town and your sister needs medical attention. Will your finace (wife) be allowed to make any immediate decisions or will your sister's care be delayed until you can be reached? You may want to consult an attorney and put your will, power of attorney, etc. into place so your sister has the best of care no matter what.
I am not a lawyer, but unless you are declared unfit to parent, I don't think so since she isn't related. I haven't heard of any divorces resulting in one party becoming the guardian of their step-child. Maybe If your sister wants to live with her she would have a case, but I don't think so.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
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Ignoring the divorce part of the question for a second, from a practical perspective, wouldn't it be useful for OP's future wife to be able to, say, sign school paperwork for OP's sister while OP was travelling for work, or make time critical decisions about medical care, etc.? Would some sort of agreement throw a wrench in the original divorce question? I am not a lawyer, but these seem like important related questions that I honestly no nothing about.
I am not a lawyer In addition to resolving this question, you may want to think about what happens to your sister if you die. Would you want your fiance to have guardianship of her or is there someone else you would rather fill that role? I'm asking because it's going to be difficult to have it both ways. That is, if you arrange it so your fiance is not considered your sisters guardian in the event of a divorce, it is likely she won't be considered her guardian in the event of death. Even less drastic situations may result in some problems. Let's say you are out of town and your sister needs medical attention. Will your finace (wife) be allowed to make any immediate decisions or will your sister's care be delayed until you can be reached? You may want to consult an attorney and put your will, power of attorney, etc. into place so your sister has the best of care no matter what.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
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I am not a lawyer In addition to resolving this question, you may want to think about what happens to your sister if you die. Would you want your fiance to have guardianship of her or is there someone else you would rather fill that role? I'm asking because it's going to be difficult to have it both ways. That is, if you arrange it so your fiance is not considered your sisters guardian in the event of a divorce, it is likely she won't be considered her guardian in the event of death. Even less drastic situations may result in some problems. Let's say you are out of town and your sister needs medical attention. Will your finace (wife) be allowed to make any immediate decisions or will your sister's care be delayed until you can be reached? You may want to consult an attorney and put your will, power of attorney, etc. into place so your sister has the best of care no matter what.
A prenup can't cover this ,its whats in the best interest of the child. If she acted as mother for years some courts would decide that visitation was appropriate at least for a time and very very rarely they would decide she should have custody it would have to be extreme.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
d62bfji
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The guardianship is a role created and supervised by the court. Marriage shouldn't make your wife co-guardian unless you apply for that change. And divorce won't undo the guardianship by itself. If you live together for years, get divorced, and your wife applies to be guardian because she says she's better at it than you are, the court would certainly have something to chew on.
I am not a lawyer, but unless you are declared unfit to parent, I don't think so since she isn't related. I haven't heard of any divorces resulting in one party becoming the guardian of their step-child. Maybe If your sister wants to live with her she would have a case, but I don't think so.
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[NY] In the event that my fiance and I get divorced, there is no way for her to get custody of my sister, who I am the guardian of, correct? I'm 26, my fiance is 25, and my sister is 8 for the record. Four years ago, when my sister was 4, both of our parents passed away in an accident and I decided to take her in. The will that our parents drafted gave me guardianship, which was recognized by the courts. We did pretty well on our own, and I got used to taking care of her, and I met my fiance two years ago. She gets along very well with my sister, and sort of fills the motherly role for her, which is something that I struggled to do. Anyways, I recently proposed to my fiance, and she said yes. However, I just realized something that gives me pause and makes me kind of nervous. If we get married, then divorced at any point, will I still retain guardianship over my sister? I am her sole guardian, but I'm not quite sure where marriage would come into this. I'm not concerned about alimony or anything, I don't care about that stuff, I just want to make sure I keep my sister. I have no plans for divorce, and I hope it never happens, but I just want to know what happens to my guardianship over my sister in this scenario.
d62eyr6
d62e5np
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Ignoring the divorce part of the question for a second, from a practical perspective, wouldn't it be useful for OP's future wife to be able to, say, sign school paperwork for OP's sister while OP was travelling for work, or make time critical decisions about medical care, etc.? Would some sort of agreement throw a wrench in the original divorce question? I am not a lawyer, but these seem like important related questions that I honestly no nothing about.
A prenup can't cover this ,its whats in the best interest of the child. If she acted as mother for years some courts would decide that visitation was appropriate at least for a time and very very rarely they would decide she should have custody it would have to be extreme.
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I want to get custody of my little sister[14F] due to our parents beating her, letting her fail at school and now they are going to make her leave school to work in a chicken factory! [QLD, Australia] So, I am an almost 23-year-old, single, 3rd year law student who's just started another degree at University, bringing my time to graduation at 3 years + 1 year for a graduate certificate. I'll try and make this short as possible. My dad has diagnosed NPD with 0 empathy, he re-married about 8 years ago to a Thai lady who has a daughter(14F) to another Thai man who is unknown. My dad and Thai step mum have a 3-year-old son together. This makes the 14F my step sister although my dad has not adopted her, she is not an Australian citizen and neither is my Thai step mum. Thai step mum is here on a marriage visa and needs to apply for citizenship by next year. My Dad beat the crap out of my brothers growing up, beat my mum for 10 years and my mum finally left him when I was 3-years-old due to him beating me. He then beat me whenever I went over his house growing up - Mum had no knowledge of that, he would always strike in a place where you couldn't see bruises. The 14F also speaks okay English, cannot read nor write so she is in "special school", despite being in Australia for 6 years. When she hits 14 and 9 months she will be able to drop out of high school and start her traineeship at a chicken factory (plucking dead chickens) and a High School Certificate is really important to have here! I have recorded my Dad saying that he has hit her "one, two, three..... times" but I don't think I'm allowed to use the recordings. I have the support of my mum, I work 2 jobs, I'm a good student, I own 2 cats (maybe not relevant but you do have to be home twice a day to feed them so - stability!) Dad says that 14F is not his child, never will be etc etc. so I think I may be able to convince him to ....sign her over to me? Thai step mum will do whatever Dad says and she trusts me so that will be easy. I don't want a court battle, I want to stay in the family incase the 3M needs me in the future. I would want to move 14F to a different school with a better English as a second language program. auslaw does not give legal advice and my university doesn't have a clinic. Just looking for info on what I need to do, or the processes, or personal stories, or just some lingo! **tl;dr** want to get custody of my little sister due to Dad being a wanker
covncaa
covkrxb
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Disclaimer: Not Legal Advice. Just what I'd do. My summary: Only her mother can let her live with you. She'll only do what your father tells her to do. Both your father and his wife think of themselves and their needs before the girl, period, so they don't care about her quality of life or education. Sounds like they want her to drop out and work so they have her income. How can you motivate your father to WANT her out of the house and THINK it's his idea for her to live with you? ABC. Always be closing. What's in it for him? My solution: Right now, she's an expense that can be turned into an income - thus, chicken farm or what I'd call slavery. The only way you'll get legal custody of the girl, and likely the boy in the not so distant future, is if they both (but especially your Dad) sees it in his benefit. Warning: If he thinks it's MORE in her benefit than his, he won't let her go. If he thinks it's your idea 'to protect her from him' in any way, he won't let her go AND will be worse to her after. What he MUST be manipulated to believe (not think - that's too rational; but have an emotional attachment to a firm held and possibly irrational belief) is: His life and marriage would be better without her living with them. She will always cost them more money than she can make (at chicken farm or menial job) while living with them AND she will always 'take' from them if she's living with them. Her education (at your expense, of course) is MORE beneficial to THEM long term than to her - because when they are old and in need of care, she'll be able to afford it. If she stays home, they'll always 'have to take care of her'. It's right and just for the oldest child to take in and educate the next child at 14 and 'has always been so'. It's the honor and responsibility of the oldest to want to 'lessen the burden' for his father. Apprenticeships for careers within families should 'never have gone out of style'. Remember, any version of 'I just want to help' is going to back fire UNLESS it's His Idea. It has to be his idea that You Owe him for raising you and you are repaying that debt by taking your stepsister so your Dad 'can finally have some peace around here'. Obviously, I used dramatic examples associated with the bizarre thought patterns of narcissists. I don't think I'm too far off. I wish you luck and I'm rooting for the 14 year old to get out of that house!!! (Thank you for caring about her, even though you are not blood related. You're a kind person.)
>Dad says that 14F is not his child, never will be etc etc. Well, she isn't. If the mother of the child allows her to live with you, that's entirely her decision. I'm not familiar with the details of Australian family law, but it would probably be very difficult to gain custody of a child whose parents are fit. You could call whatever agency handles abused children, but you would not necessarily be the person whom the child is placed with if they remove her from the abusive environment.
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I want to get custody of my little sister[14F] due to our parents beating her, letting her fail at school and now they are going to make her leave school to work in a chicken factory! [QLD, Australia] So, I am an almost 23-year-old, single, 3rd year law student who's just started another degree at University, bringing my time to graduation at 3 years + 1 year for a graduate certificate. I'll try and make this short as possible. My dad has diagnosed NPD with 0 empathy, he re-married about 8 years ago to a Thai lady who has a daughter(14F) to another Thai man who is unknown. My dad and Thai step mum have a 3-year-old son together. This makes the 14F my step sister although my dad has not adopted her, she is not an Australian citizen and neither is my Thai step mum. Thai step mum is here on a marriage visa and needs to apply for citizenship by next year. My Dad beat the crap out of my brothers growing up, beat my mum for 10 years and my mum finally left him when I was 3-years-old due to him beating me. He then beat me whenever I went over his house growing up - Mum had no knowledge of that, he would always strike in a place where you couldn't see bruises. The 14F also speaks okay English, cannot read nor write so she is in "special school", despite being in Australia for 6 years. When she hits 14 and 9 months she will be able to drop out of high school and start her traineeship at a chicken factory (plucking dead chickens) and a High School Certificate is really important to have here! I have recorded my Dad saying that he has hit her "one, two, three..... times" but I don't think I'm allowed to use the recordings. I have the support of my mum, I work 2 jobs, I'm a good student, I own 2 cats (maybe not relevant but you do have to be home twice a day to feed them so - stability!) Dad says that 14F is not his child, never will be etc etc. so I think I may be able to convince him to ....sign her over to me? Thai step mum will do whatever Dad says and she trusts me so that will be easy. I don't want a court battle, I want to stay in the family incase the 3M needs me in the future. I would want to move 14F to a different school with a better English as a second language program. auslaw does not give legal advice and my university doesn't have a clinic. Just looking for info on what I need to do, or the processes, or personal stories, or just some lingo! **tl;dr** want to get custody of my little sister due to Dad being a wanker
covis7u
covncaa
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I'm American and not a lawyer. Here, a child's parents have a great deal of latitude in parenting. Since I don't recall you saying your dad had adopted her, all you would need for her to live with you is her mom saying it's ok. My mother in law is raising one of her grandchildren and the only paperwork she has is a power of attorney the mom signed so she could take him to the doctor and sign him up for school, etc. Edit.., your post is confusing. Says she only speaks English but you want a school with a good ESL program? If she only knows English I'd suspect some other learning issue that an ESL class isn't going to handle.
Disclaimer: Not Legal Advice. Just what I'd do. My summary: Only her mother can let her live with you. She'll only do what your father tells her to do. Both your father and his wife think of themselves and their needs before the girl, period, so they don't care about her quality of life or education. Sounds like they want her to drop out and work so they have her income. How can you motivate your father to WANT her out of the house and THINK it's his idea for her to live with you? ABC. Always be closing. What's in it for him? My solution: Right now, she's an expense that can be turned into an income - thus, chicken farm or what I'd call slavery. The only way you'll get legal custody of the girl, and likely the boy in the not so distant future, is if they both (but especially your Dad) sees it in his benefit. Warning: If he thinks it's MORE in her benefit than his, he won't let her go. If he thinks it's your idea 'to protect her from him' in any way, he won't let her go AND will be worse to her after. What he MUST be manipulated to believe (not think - that's too rational; but have an emotional attachment to a firm held and possibly irrational belief) is: His life and marriage would be better without her living with them. She will always cost them more money than she can make (at chicken farm or menial job) while living with them AND she will always 'take' from them if she's living with them. Her education (at your expense, of course) is MORE beneficial to THEM long term than to her - because when they are old and in need of care, she'll be able to afford it. If she stays home, they'll always 'have to take care of her'. It's right and just for the oldest child to take in and educate the next child at 14 and 'has always been so'. It's the honor and responsibility of the oldest to want to 'lessen the burden' for his father. Apprenticeships for careers within families should 'never have gone out of style'. Remember, any version of 'I just want to help' is going to back fire UNLESS it's His Idea. It has to be his idea that You Owe him for raising you and you are repaying that debt by taking your stepsister so your Dad 'can finally have some peace around here'. Obviously, I used dramatic examples associated with the bizarre thought patterns of narcissists. I don't think I'm too far off. I wish you luck and I'm rooting for the 14 year old to get out of that house!!! (Thank you for caring about her, even though you are not blood related. You're a kind person.)
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I want to get custody of my little sister[14F] due to our parents beating her, letting her fail at school and now they are going to make her leave school to work in a chicken factory! [QLD, Australia] So, I am an almost 23-year-old, single, 3rd year law student who's just started another degree at University, bringing my time to graduation at 3 years + 1 year for a graduate certificate. I'll try and make this short as possible. My dad has diagnosed NPD with 0 empathy, he re-married about 8 years ago to a Thai lady who has a daughter(14F) to another Thai man who is unknown. My dad and Thai step mum have a 3-year-old son together. This makes the 14F my step sister although my dad has not adopted her, she is not an Australian citizen and neither is my Thai step mum. Thai step mum is here on a marriage visa and needs to apply for citizenship by next year. My Dad beat the crap out of my brothers growing up, beat my mum for 10 years and my mum finally left him when I was 3-years-old due to him beating me. He then beat me whenever I went over his house growing up - Mum had no knowledge of that, he would always strike in a place where you couldn't see bruises. The 14F also speaks okay English, cannot read nor write so she is in "special school", despite being in Australia for 6 years. When she hits 14 and 9 months she will be able to drop out of high school and start her traineeship at a chicken factory (plucking dead chickens) and a High School Certificate is really important to have here! I have recorded my Dad saying that he has hit her "one, two, three..... times" but I don't think I'm allowed to use the recordings. I have the support of my mum, I work 2 jobs, I'm a good student, I own 2 cats (maybe not relevant but you do have to be home twice a day to feed them so - stability!) Dad says that 14F is not his child, never will be etc etc. so I think I may be able to convince him to ....sign her over to me? Thai step mum will do whatever Dad says and she trusts me so that will be easy. I don't want a court battle, I want to stay in the family incase the 3M needs me in the future. I would want to move 14F to a different school with a better English as a second language program. auslaw does not give legal advice and my university doesn't have a clinic. Just looking for info on what I need to do, or the processes, or personal stories, or just some lingo! **tl;dr** want to get custody of my little sister due to Dad being a wanker
covis7u
covkrxb
1,424,786,596
1,424,790,911
4
10
I'm American and not a lawyer. Here, a child's parents have a great deal of latitude in parenting. Since I don't recall you saying your dad had adopted her, all you would need for her to live with you is her mom saying it's ok. My mother in law is raising one of her grandchildren and the only paperwork she has is a power of attorney the mom signed so she could take him to the doctor and sign him up for school, etc. Edit.., your post is confusing. Says she only speaks English but you want a school with a good ESL program? If she only knows English I'd suspect some other learning issue that an ESL class isn't going to handle.
>Dad says that 14F is not his child, never will be etc etc. Well, she isn't. If the mother of the child allows her to live with you, that's entirely her decision. I'm not familiar with the details of Australian family law, but it would probably be very difficult to gain custody of a child whose parents are fit. You could call whatever agency handles abused children, but you would not necessarily be the person whom the child is placed with if they remove her from the abusive environment.
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My family has shut me out for being gay, but threatened some financial turmoil for my "choice" to marry the person I love. This is mostly just a question, but it's been bugging me for quite some time and I thought of this subreddit while I was tracing back some things - one is a general trust question, the other is a legal protection question. Long story short, I have been alienated from my family for being LGBTQ+ - they don't want to have anything to do with me now since I've been engaged to my partner. They believe it's a sin, which I expected, and they're not willing to continue a relationship with me for that reason. Fine by them, that hurts, but its their choice. Two things have come up, however, since leaving. At one moment during a very hard conversation, my dad revealed to me that I am the beneficiary of a trust from my great grandfather - and because I'm gay, he's going to be revoking that trust from me. I didn't know about this at all, and my great grandpa has been dead since 2014. I don't have anyone to speak to about this because.. no one from the family will talk to me. I don't really know what my steps should be from here? I'm more just shocked that it existed. I don't really care about it even if it's real, but I was wondering if someone can revoke benefits of a trust? I don't even know if he has that power to. And if my relative has been dead for years, would that just be sitting there? I have no knowledge of any of this type of thing. The second thing - my family brought up that if anything happened to me, that they feel as if they are entitled to myself and my possessions, including my car and property- and would fight to bring me and my possessions home with them. This really concerned me that they were even thinking about that, when it wasn't even brought up in the conversation. With everything that happened in the supreme court recently, I'm a little more worried so I'm looking to cross my t's. My family is christian fundamentalist, and have been "mourning" the fact that they cannot marry me off to another christian family. I was also wondering if there are any legal protections, other than marriage, that can protect me and my partner if anything were to happen to me - I don't want anything going back to my family that my partner and I have built.
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Caveat: some of this might vary based on what state you are in and what state ggrand lived in. You will likely want to get a consult with an estates and trusts lawyer. They may be able to find out info about your g-grandfather's trust. They can also set you up with appropriate documents to protect you legally (Will, Health Care Proxy, Durable Power of Attorney, etc).
I would suggest finding a lgbtq+ friendly attorney and having them handle all this. Back in the days before gay marriage, there were attorneys who specialized in protecting couples and their assets. They are undoubtedly still out there. Find one, hire them, and follow their advice.
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My family has shut me out for being gay, but threatened some financial turmoil for my "choice" to marry the person I love. This is mostly just a question, but it's been bugging me for quite some time and I thought of this subreddit while I was tracing back some things - one is a general trust question, the other is a legal protection question. Long story short, I have been alienated from my family for being LGBTQ+ - they don't want to have anything to do with me now since I've been engaged to my partner. They believe it's a sin, which I expected, and they're not willing to continue a relationship with me for that reason. Fine by them, that hurts, but its their choice. Two things have come up, however, since leaving. At one moment during a very hard conversation, my dad revealed to me that I am the beneficiary of a trust from my great grandfather - and because I'm gay, he's going to be revoking that trust from me. I didn't know about this at all, and my great grandpa has been dead since 2014. I don't have anyone to speak to about this because.. no one from the family will talk to me. I don't really know what my steps should be from here? I'm more just shocked that it existed. I don't really care about it even if it's real, but I was wondering if someone can revoke benefits of a trust? I don't even know if he has that power to. And if my relative has been dead for years, would that just be sitting there? I have no knowledge of any of this type of thing. The second thing - my family brought up that if anything happened to me, that they feel as if they are entitled to myself and my possessions, including my car and property- and would fight to bring me and my possessions home with them. This really concerned me that they were even thinking about that, when it wasn't even brought up in the conversation. With everything that happened in the supreme court recently, I'm a little more worried so I'm looking to cross my t's. My family is christian fundamentalist, and have been "mourning" the fact that they cannot marry me off to another christian family. I was also wondering if there are any legal protections, other than marriage, that can protect me and my partner if anything were to happen to me - I don't want anything going back to my family that my partner and I have built.
ifatfsq
if8r51n
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Everything depends on the type of trust that was set up--if it was an irrevocable trust, then no one has the right to change it after your great-grandfather died and if anyone did change it that would be illegal. If it was a revocable trust, then that might be different. If you are named as a beneficiary in the trust, then you have the right to have your attorney request (IN WRITING, not verbally) a copy of the trust on your behalf and the accounting statements also. You and your attorney will need to determine if there is a will AND a trust, or is there just the trust document only. Find a trusts and probate lawyer in Tennessee to advise you.
Caveat: some of this might vary based on what state you are in and what state ggrand lived in. You will likely want to get a consult with an estates and trusts lawyer. They may be able to find out info about your g-grandfather's trust. They can also set you up with appropriate documents to protect you legally (Will, Health Care Proxy, Durable Power of Attorney, etc).
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vtpnlo
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My family has shut me out for being gay, but threatened some financial turmoil for my "choice" to marry the person I love. This is mostly just a question, but it's been bugging me for quite some time and I thought of this subreddit while I was tracing back some things - one is a general trust question, the other is a legal protection question. Long story short, I have been alienated from my family for being LGBTQ+ - they don't want to have anything to do with me now since I've been engaged to my partner. They believe it's a sin, which I expected, and they're not willing to continue a relationship with me for that reason. Fine by them, that hurts, but its their choice. Two things have come up, however, since leaving. At one moment during a very hard conversation, my dad revealed to me that I am the beneficiary of a trust from my great grandfather - and because I'm gay, he's going to be revoking that trust from me. I didn't know about this at all, and my great grandpa has been dead since 2014. I don't have anyone to speak to about this because.. no one from the family will talk to me. I don't really know what my steps should be from here? I'm more just shocked that it existed. I don't really care about it even if it's real, but I was wondering if someone can revoke benefits of a trust? I don't even know if he has that power to. And if my relative has been dead for years, would that just be sitting there? I have no knowledge of any of this type of thing. The second thing - my family brought up that if anything happened to me, that they feel as if they are entitled to myself and my possessions, including my car and property- and would fight to bring me and my possessions home with them. This really concerned me that they were even thinking about that, when it wasn't even brought up in the conversation. With everything that happened in the supreme court recently, I'm a little more worried so I'm looking to cross my t's. My family is christian fundamentalist, and have been "mourning" the fact that they cannot marry me off to another christian family. I was also wondering if there are any legal protections, other than marriage, that can protect me and my partner if anything were to happen to me - I don't want anything going back to my family that my partner and I have built.
ifaqfvf
ifatfsq
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these people are probably a good resource. https://www.lambdalegal.org/
Everything depends on the type of trust that was set up--if it was an irrevocable trust, then no one has the right to change it after your great-grandfather died and if anyone did change it that would be illegal. If it was a revocable trust, then that might be different. If you are named as a beneficiary in the trust, then you have the right to have your attorney request (IN WRITING, not verbally) a copy of the trust on your behalf and the accounting statements also. You and your attorney will need to determine if there is a will AND a trust, or is there just the trust document only. Find a trusts and probate lawyer in Tennessee to advise you.
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Being called gay at work I started working for a major shipping company. My co-workers find it funny giving nicknames to other co-workers. They started calling me “Rainbow” and one co-worker started insinuating I’m gay by asking me if I like sharing a tent with a former male co-worker when we go camping together (I’ve never been camping with said individual). He quit because of the immaturity among other reasons. The same co-worker has insinuated that i was also sleeping with an ex female employee that was fired from the company. They even called me Rainbow in our (private?) group text messages that’s work related. I’ve told higher “seniority” co-workers but they don’t have any clue what to do. We’ve been through 4 managers since I started in January, and their office is an hour away so they don’t see/hear what’s going on in the workplace. What do I do? It’s seriously bothering me and I’ve asked for it to stop multiple times. I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. I’m in Oregon.
izo07vz
izo384u
1,670,685,943
1,670,687,268
4
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Contact your local EEOC, you have rights agaist retaliation as well.
Do you have an HR department? If you complaint to them about this they should, at a minimum, tell the offender to stop and possibly discipline them. Even if you are not gay, you may have a valid legal claim for sexual harassment/hostile work environment, especially if they are singling you and calling you gay and rainbow because of your perceived sexual orientation or because they perceive you as not conforming to traditional gender stereotypes. >I’ve told higher “seniority” co-workers but they don’t have any clue what to do. I suspect they do have a clue what to do, which is tell these people to stop and discipline them and maybe even fire them especially if it continues. >I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. What out of work retaliation do you fear? You should probably minimize your interactions with these people outside work if you can. Your legal claim that they are tormenting you by calling you Rainbow at work may be undermined somewhat if you are voluntarily going out for beers with them every Friday night, for example.
0
1,325
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zhjchm
legaladvice_train
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Being called gay at work I started working for a major shipping company. My co-workers find it funny giving nicknames to other co-workers. They started calling me “Rainbow” and one co-worker started insinuating I’m gay by asking me if I like sharing a tent with a former male co-worker when we go camping together (I’ve never been camping with said individual). He quit because of the immaturity among other reasons. The same co-worker has insinuated that i was also sleeping with an ex female employee that was fired from the company. They even called me Rainbow in our (private?) group text messages that’s work related. I’ve told higher “seniority” co-workers but they don’t have any clue what to do. We’ve been through 4 managers since I started in January, and their office is an hour away so they don’t see/hear what’s going on in the workplace. What do I do? It’s seriously bothering me and I’ve asked for it to stop multiple times. I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. I’m in Oregon.
izo07vz
izpfze9
1,670,685,943
1,670,707,333
4
6
Contact your local EEOC, you have rights agaist retaliation as well.
Document every single time an "event" happens. Ask them to stop, then tell them to stop if they persist. You can contact the EEOC as well. A hostile work environment can carry to your residence. That is also evidence of a hostile work environment. With that being said....Be rational. Admit to your emotion of how it makes you feel. Think through those emotions before you act on them. Ask them, "Why did you say that?" "Whete are you getting your information from?" Tell them, "I'm not enjoying your rudeness towards me", or ask them to repeat what they said and explain. An open discussion sometimes improves behavior that is normal to some. You don't want to accuse them of being sexist or racist, as it put people in the defensive mode. Best of luck.
0
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zhjchm
legaladvice_train
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Being called gay at work I started working for a major shipping company. My co-workers find it funny giving nicknames to other co-workers. They started calling me “Rainbow” and one co-worker started insinuating I’m gay by asking me if I like sharing a tent with a former male co-worker when we go camping together (I’ve never been camping with said individual). He quit because of the immaturity among other reasons. The same co-worker has insinuated that i was also sleeping with an ex female employee that was fired from the company. They even called me Rainbow in our (private?) group text messages that’s work related. I’ve told higher “seniority” co-workers but they don’t have any clue what to do. We’ve been through 4 managers since I started in January, and their office is an hour away so they don’t see/hear what’s going on in the workplace. What do I do? It’s seriously bothering me and I’ve asked for it to stop multiple times. I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. I’m in Oregon.
izpe874
izpfze9
1,670,706,625
1,670,707,333
2
6
Email HR and cc the CEO
Document every single time an "event" happens. Ask them to stop, then tell them to stop if they persist. You can contact the EEOC as well. A hostile work environment can carry to your residence. That is also evidence of a hostile work environment. With that being said....Be rational. Admit to your emotion of how it makes you feel. Think through those emotions before you act on them. Ask them, "Why did you say that?" "Whete are you getting your information from?" Tell them, "I'm not enjoying your rudeness towards me", or ask them to repeat what they said and explain. An open discussion sometimes improves behavior that is normal to some. You don't want to accuse them of being sexist or racist, as it put people in the defensive mode. Best of luck.
0
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zhjchm
legaladvice_train
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Being called gay at work I started working for a major shipping company. My co-workers find it funny giving nicknames to other co-workers. They started calling me “Rainbow” and one co-worker started insinuating I’m gay by asking me if I like sharing a tent with a former male co-worker when we go camping together (I’ve never been camping with said individual). He quit because of the immaturity among other reasons. The same co-worker has insinuated that i was also sleeping with an ex female employee that was fired from the company. They even called me Rainbow in our (private?) group text messages that’s work related. I’ve told higher “seniority” co-workers but they don’t have any clue what to do. We’ve been through 4 managers since I started in January, and their office is an hour away so they don’t see/hear what’s going on in the workplace. What do I do? It’s seriously bothering me and I’ve asked for it to stop multiple times. I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. I’m in Oregon.
izo07vz
izpmpbs
1,670,685,943
1,670,710,237
4
5
Contact your local EEOC, you have rights agaist retaliation as well.
Record date, time, exact phrase used, and by whom EVERY SINGLE TIME. Send a copy of it in a while to them, along with a letter that’s hints toxic work environment. Send it as certified so they have to sign and you have a record of that.
0
24,294
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zhjchm
legaladvice_train
0.87
Being called gay at work I started working for a major shipping company. My co-workers find it funny giving nicknames to other co-workers. They started calling me “Rainbow” and one co-worker started insinuating I’m gay by asking me if I like sharing a tent with a former male co-worker when we go camping together (I’ve never been camping with said individual). He quit because of the immaturity among other reasons. The same co-worker has insinuated that i was also sleeping with an ex female employee that was fired from the company. They even called me Rainbow in our (private?) group text messages that’s work related. I’ve told higher “seniority” co-workers but they don’t have any clue what to do. We’ve been through 4 managers since I started in January, and their office is an hour away so they don’t see/hear what’s going on in the workplace. What do I do? It’s seriously bothering me and I’ve asked for it to stop multiple times. I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. I’m in Oregon.
izpmpbs
izpe874
1,670,710,237
1,670,706,625
5
2
Record date, time, exact phrase used, and by whom EVERY SINGLE TIME. Send a copy of it in a while to them, along with a letter that’s hints toxic work environment. Send it as certified so they have to sign and you have a record of that.
Email HR and cc the CEO
1
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zhjchm
legaladvice_train
0.87
Being called gay at work I started working for a major shipping company. My co-workers find it funny giving nicknames to other co-workers. They started calling me “Rainbow” and one co-worker started insinuating I’m gay by asking me if I like sharing a tent with a former male co-worker when we go camping together (I’ve never been camping with said individual). He quit because of the immaturity among other reasons. The same co-worker has insinuated that i was also sleeping with an ex female employee that was fired from the company. They even called me Rainbow in our (private?) group text messages that’s work related. I’ve told higher “seniority” co-workers but they don’t have any clue what to do. We’ve been through 4 managers since I started in January, and their office is an hour away so they don’t see/hear what’s going on in the workplace. What do I do? It’s seriously bothering me and I’ve asked for it to stop multiple times. I’m worried that if I tell a district manager what’s going on, then I’ll get retaliated against outside of work if someone gets fired. I’m in Oregon.
izpe874
izr0jb7
1,670,706,625
1,670,734,951
2
3
Email HR and cc the CEO
ez game i got you 🤝 Next time someone says some weird shit reply: “you ever think EXCOWORKER left maybe in part bc you weird mfs are adults acting like children. Real shit I’d be fucking embarrassed being around you with other girls. I’m just tryna clock in and clock out but I keep having to tell you to keep that weird shit to yourself.” and then walk off shaking your head If you actually are around them with other girls then just say, “Real shit it’s fucking embarrassing being around you with some of the women around here/the club/etc” or say "have you seen the way some of the girls around here look at you? I'm embarrassed even talking to you." basically just hurt his ego by mentioning girls and make him realize being immature is not cool while you're trying to work Used to have a male coworker that was very touchy with me and it made me uncomfortable asf as a guy. he wouldn't stop after I kept telling him to so I had to actually speak to him about it. he didn’t mean harm from it but still, boundaries are good, life isn’t a constant game
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kgt1p1
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Being threatened with a Creative Commons license over a guild name in an MMO? >**TL;DR** Someone DM’d my friend who runs a guild with me in a popular MMO to tell her they had a creative commons license on the name we used for our guild years ago. We didn’t know they exist, the name they have CC on is a forum, and we’ve never crossed paths before since we were just playing our game. Can they take legal action against us for unknowingly having the same name as them in an MMO? Long-time lurker, first time poster. I’m doing this under a throwaway and keeping it vague just in case anything does come of it. I know the situation is ridiculous, but I woke up to this and am not sure what to even do. I feel silly even asking this. Basically, in a popular MMO, my friends and I got together to create a guild to play in. We made it in June 2018, but had been discussing the name and making the guild as early as April 2018 according to discord logs. I don’t know that the dates are necessarily important, but the person who approached my co-leader friend by hunting her down on social media made sure to tell me they’d made their forum in February that year. According to the CC info I looked at after they messaged her, they literally put it under CC the *day* before messaging my friend. We’ve never heard of this individual or their forum, but my friend was understandably spooked that someone came at her for a guild name in a video game with thinly-veiled threats of using their CC license. Neither of us are sure what to do, or what we should do, because we don’t want any legal trouble for a *video game* of all things. Should we be worried? How do we respond to their message, if at all? Sorry if I’ve broken any rules, like I said, I’ve never really had reason to post before.
ggh440x
ggh49a1
1,608,471,892
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Names are not protected by copyright law. Ignore. https://www.copyright.gov/help/faq/faq-protect.html#:~:text=No.,Titles%2C%20or%20Short%20Phrases%22.
What, exactly, was put under creative commons license? I'm Not a lawyer, but to my knowledge, you can't put a name under copyright. That would be something that would be covered by a trademark. Not only that, but a creative commons license is designed to allow other people to use your material, not to restrict access to it. It sounds like someone is trying to scam you, either into paying them off or giving up your guild name.
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boi2i3
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Being threatened with small claims over $1,200 car we sold Hello all, and thanks for any advice you are able to provide. Location: Louisville, KY area Story: We had an older midsize SUV that we sold last month (April 8th), privately. The KBB value for the vehicle in FAIR condition is $1,444-$3293; the vehicle had 190k miles on it, needed a battery, and was making a grinding sound in the rear when driving. The vehicle did start when jumped however, and was test-driven down our small cul-de-sac. We never took it to a mechanic, and I wasn't sure to be honest what was causing it. Additionally, it had sat for approximately a year to a year and a half, only being driven up and down our cul-de-sac one to two times in that timeframe. We just didn't need the vehicle anymore. We placed the vehicle for sale on LetGo. We were fully up-front about the condition of the vehicle, stating that it was as-is, we had not taken it to a mechanic, and that it needed a battery as well as having sat for a while. We eventually sold it to the buyer for an initial agreed-upon price of $1,200; after looking at the vehicle in person, he waved away the issues, stating he "had a friend who had a shop and did that kind of work." The day of the sale, they showed up with only $1,100, and claimed they didn't have the money to pay the full amount that day, due to needing to get the vehicle insured. They signed a hand-written document which I had notarized with them present that stated they would pay the remaining $100 by the following week. We still signed the title over to them and had it switched into their name at the DMV that day. Since then they have claimed the vehicle had more problems than we stated, such as "mud in the radiator fluid", and that the fuel lines are spraying fuel into the engine bay. They have been harassing my wife and I with phone texts, and messages on LetGo. I told them in text that due to their additional issues I would be willing to waive that $100, to which I got a "Gee Thanks." They are now threatening me with small claims court over the vehicle. Do I have anything to fear, here? We have screenshots of our ad in LetGo, and have not deleted any conversations in text/IM with them. I also still have the notarized payment agreement of which they never fulfilled their end of.
engm73i
engszvp
1,557,837,547
1,557,840,871
12
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> They are now threatening me with small claims court over the vehicle. Do you have a bill of sale that states the car was sold "as-is"? Print out and save all copies of any communications you had with the buyer. But in the end, I assume you will be fine, assuming you did not mis-represent the car.
Vehicle sales aren't like home sales. They are a "buyer beware" situation. The seller is under no obligation to disclose even known issues. As long as you didn't ACTIVELY HIDE issues and purposefully misrepresent the car, you'll be fine. It is the buyer's responsibility to do their due diligence before buying. Presumably now they are refusing to pay you the last $100, right? IF they sue, counter sue for that amount...
0
3,324
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boi2i3
legaladvice_train
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Being threatened with small claims over $1,200 car we sold Hello all, and thanks for any advice you are able to provide. Location: Louisville, KY area Story: We had an older midsize SUV that we sold last month (April 8th), privately. The KBB value for the vehicle in FAIR condition is $1,444-$3293; the vehicle had 190k miles on it, needed a battery, and was making a grinding sound in the rear when driving. The vehicle did start when jumped however, and was test-driven down our small cul-de-sac. We never took it to a mechanic, and I wasn't sure to be honest what was causing it. Additionally, it had sat for approximately a year to a year and a half, only being driven up and down our cul-de-sac one to two times in that timeframe. We just didn't need the vehicle anymore. We placed the vehicle for sale on LetGo. We were fully up-front about the condition of the vehicle, stating that it was as-is, we had not taken it to a mechanic, and that it needed a battery as well as having sat for a while. We eventually sold it to the buyer for an initial agreed-upon price of $1,200; after looking at the vehicle in person, he waved away the issues, stating he "had a friend who had a shop and did that kind of work." The day of the sale, they showed up with only $1,100, and claimed they didn't have the money to pay the full amount that day, due to needing to get the vehicle insured. They signed a hand-written document which I had notarized with them present that stated they would pay the remaining $100 by the following week. We still signed the title over to them and had it switched into their name at the DMV that day. Since then they have claimed the vehicle had more problems than we stated, such as "mud in the radiator fluid", and that the fuel lines are spraying fuel into the engine bay. They have been harassing my wife and I with phone texts, and messages on LetGo. I told them in text that due to their additional issues I would be willing to waive that $100, to which I got a "Gee Thanks." They are now threatening me with small claims court over the vehicle. Do I have anything to fear, here? We have screenshots of our ad in LetGo, and have not deleted any conversations in text/IM with them. I also still have the notarized payment agreement of which they never fulfilled their end of.
engoevr
engszvp
1,557,838,658
1,557,840,871
7
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I’m not a lawyer, but it was sold “as is”, and you have proof from your ad. I would block their numbers and disregard, as they wouldn’t have a case. Them giving payment & receiving the paperwork, seals the deal. Threatening to do something is just that.
Vehicle sales aren't like home sales. They are a "buyer beware" situation. The seller is under no obligation to disclose even known issues. As long as you didn't ACTIVELY HIDE issues and purposefully misrepresent the car, you'll be fine. It is the buyer's responsibility to do their due diligence before buying. Presumably now they are refusing to pay you the last $100, right? IF they sue, counter sue for that amount...
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2,213
8.571429
boi2i3
legaladvice_train
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Being threatened with small claims over $1,200 car we sold Hello all, and thanks for any advice you are able to provide. Location: Louisville, KY area Story: We had an older midsize SUV that we sold last month (April 8th), privately. The KBB value for the vehicle in FAIR condition is $1,444-$3293; the vehicle had 190k miles on it, needed a battery, and was making a grinding sound in the rear when driving. The vehicle did start when jumped however, and was test-driven down our small cul-de-sac. We never took it to a mechanic, and I wasn't sure to be honest what was causing it. Additionally, it had sat for approximately a year to a year and a half, only being driven up and down our cul-de-sac one to two times in that timeframe. We just didn't need the vehicle anymore. We placed the vehicle for sale on LetGo. We were fully up-front about the condition of the vehicle, stating that it was as-is, we had not taken it to a mechanic, and that it needed a battery as well as having sat for a while. We eventually sold it to the buyer for an initial agreed-upon price of $1,200; after looking at the vehicle in person, he waved away the issues, stating he "had a friend who had a shop and did that kind of work." The day of the sale, they showed up with only $1,100, and claimed they didn't have the money to pay the full amount that day, due to needing to get the vehicle insured. They signed a hand-written document which I had notarized with them present that stated they would pay the remaining $100 by the following week. We still signed the title over to them and had it switched into their name at the DMV that day. Since then they have claimed the vehicle had more problems than we stated, such as "mud in the radiator fluid", and that the fuel lines are spraying fuel into the engine bay. They have been harassing my wife and I with phone texts, and messages on LetGo. I told them in text that due to their additional issues I would be willing to waive that $100, to which I got a "Gee Thanks." They are now threatening me with small claims court over the vehicle. Do I have anything to fear, here? We have screenshots of our ad in LetGo, and have not deleted any conversations in text/IM with them. I also still have the notarized payment agreement of which they never fulfilled their end of.
engm73i
enh08jp
1,557,837,547
1,557,844,146
12
24
> They are now threatening me with small claims court over the vehicle. Do you have a bill of sale that states the car was sold "as-is"? Print out and save all copies of any communications you had with the buyer. But in the end, I assume you will be fine, assuming you did not mis-represent the car.
This happens. They buy the car then claim some latent fault and demand money back. They are just trying to get the car for cheaper. It's a scam.
0
6,599
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boi2i3
legaladvice_train
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Being threatened with small claims over $1,200 car we sold Hello all, and thanks for any advice you are able to provide. Location: Louisville, KY area Story: We had an older midsize SUV that we sold last month (April 8th), privately. The KBB value for the vehicle in FAIR condition is $1,444-$3293; the vehicle had 190k miles on it, needed a battery, and was making a grinding sound in the rear when driving. The vehicle did start when jumped however, and was test-driven down our small cul-de-sac. We never took it to a mechanic, and I wasn't sure to be honest what was causing it. Additionally, it had sat for approximately a year to a year and a half, only being driven up and down our cul-de-sac one to two times in that timeframe. We just didn't need the vehicle anymore. We placed the vehicle for sale on LetGo. We were fully up-front about the condition of the vehicle, stating that it was as-is, we had not taken it to a mechanic, and that it needed a battery as well as having sat for a while. We eventually sold it to the buyer for an initial agreed-upon price of $1,200; after looking at the vehicle in person, he waved away the issues, stating he "had a friend who had a shop and did that kind of work." The day of the sale, they showed up with only $1,100, and claimed they didn't have the money to pay the full amount that day, due to needing to get the vehicle insured. They signed a hand-written document which I had notarized with them present that stated they would pay the remaining $100 by the following week. We still signed the title over to them and had it switched into their name at the DMV that day. Since then they have claimed the vehicle had more problems than we stated, such as "mud in the radiator fluid", and that the fuel lines are spraying fuel into the engine bay. They have been harassing my wife and I with phone texts, and messages on LetGo. I told them in text that due to their additional issues I would be willing to waive that $100, to which I got a "Gee Thanks." They are now threatening me with small claims court over the vehicle. Do I have anything to fear, here? We have screenshots of our ad in LetGo, and have not deleted any conversations in text/IM with them. I also still have the notarized payment agreement of which they never fulfilled their end of.
engoevr
enh08jp
1,557,838,658
1,557,844,146
7
24
I’m not a lawyer, but it was sold “as is”, and you have proof from your ad. I would block their numbers and disregard, as they wouldn’t have a case. Them giving payment & receiving the paperwork, seals the deal. Threatening to do something is just that.
This happens. They buy the car then claim some latent fault and demand money back. They are just trying to get the car for cheaper. It's a scam.
0
5,488
3.428571
boi2i3
legaladvice_train
0.95
Being threatened with small claims over $1,200 car we sold Hello all, and thanks for any advice you are able to provide. Location: Louisville, KY area Story: We had an older midsize SUV that we sold last month (April 8th), privately. The KBB value for the vehicle in FAIR condition is $1,444-$3293; the vehicle had 190k miles on it, needed a battery, and was making a grinding sound in the rear when driving. The vehicle did start when jumped however, and was test-driven down our small cul-de-sac. We never took it to a mechanic, and I wasn't sure to be honest what was causing it. Additionally, it had sat for approximately a year to a year and a half, only being driven up and down our cul-de-sac one to two times in that timeframe. We just didn't need the vehicle anymore. We placed the vehicle for sale on LetGo. We were fully up-front about the condition of the vehicle, stating that it was as-is, we had not taken it to a mechanic, and that it needed a battery as well as having sat for a while. We eventually sold it to the buyer for an initial agreed-upon price of $1,200; after looking at the vehicle in person, he waved away the issues, stating he "had a friend who had a shop and did that kind of work." The day of the sale, they showed up with only $1,100, and claimed they didn't have the money to pay the full amount that day, due to needing to get the vehicle insured. They signed a hand-written document which I had notarized with them present that stated they would pay the remaining $100 by the following week. We still signed the title over to them and had it switched into their name at the DMV that day. Since then they have claimed the vehicle had more problems than we stated, such as "mud in the radiator fluid", and that the fuel lines are spraying fuel into the engine bay. They have been harassing my wife and I with phone texts, and messages on LetGo. I told them in text that due to their additional issues I would be willing to waive that $100, to which I got a "Gee Thanks." They are now threatening me with small claims court over the vehicle. Do I have anything to fear, here? We have screenshots of our ad in LetGo, and have not deleted any conversations in text/IM with them. I also still have the notarized payment agreement of which they never fulfilled their end of.
enguqf8
enh08jp
1,557,841,619
1,557,844,146
4
24
Tell them to take the vehicle to "their friend who had a shop and did that kind of work." You are fine. You sold as is and have nothing to worry about.
This happens. They buy the car then claim some latent fault and demand money back. They are just trying to get the car for cheaper. It's a scam.
0
2,527
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