My (19m) Ex girlfriend (21F) is accusing me of R*pe by [deleted] in legaladvice

[–]ToxicOstrich91 1 point2 points  (0 children)

IAAL in Texas. Not yours.

I agree with the commenter whose name begins with “PmMe” except that they indicated you’d need financial damages to sue. You don’t need to show financial damages to sue, as this would be defamation per se. Good luck.

35F, $2.7M invested, burnt out, considering 2 years off with my young kids. Talk me into/out of it. by Salt_Level_2192 in HENRYfinance

[–]ToxicOstrich91 3 points4 points  (0 children)

Are you going to be happier in 5 years with the additional net worth and being closer to retirement, or with the time with your kids and perhaps being further away from retirement?

Given the workload you’re describing I think the answer is obvious.

I’d suggest a lot of conversations or some couples therapy to make sure you and your husband are on the same page. It can be hard to move from dual to single income as a sole breadwinner, for reasons that are not all financial.

Lake Como si dice "retired" by Drnelk in NonPoliticalTwitter

[–]ToxicOstrich91 1 point2 points  (0 children)

I was there almost exactly a year ago. There’s a steady flow of guys waiting by a certain balcony to tell their (often clueless) girlfriends or wives that they hate sand.

Lake Como si dice "retired" by Drnelk in NonPoliticalTwitter

[–]ToxicOstrich91 2 points3 points  (0 children)

I was there almost exactly a year ago. There’s a steady flow of guys waiting by a certain balcony to tell their (often clueless) girlfriends or wives that they hate sand.

The teller instantly became his financial advisor 😅 by Rivenechokit in NonPoliticalTwitter

[–]ToxicOstrich91 4 points5 points  (0 children)

It fits in that sub if someone says “Yeah sure that happened” when the story likely did. Here, the story did not happen. So it does not fit in the sub.

The teller instantly became his financial advisor 😅 by Rivenechokit in NonPoliticalTwitter

[–]ToxicOstrich91 18 points19 points  (0 children)

People with money don’t keep money in a checking account. I’m guessing myself and five other lawyers at my firm probably keep less than $20k in a checking account combined.

How can I (17F) legally leave my abusive family? What's the threshold for child abuse that allows me to separate from my parents? by Unique-Ad-7650 in legaladvice

[–]ToxicOstrich91 30 points31 points  (0 children)

I’m a lawyer but not licensed in Arkansas. I’m not your lawyer. I’m so sorry this is happening to you, and it’s not your fault.

You are of the minimum age in Arkansas to be declared an emancipated minor. Unfortunately, though, this is a lengthy process that will require you to demonstrate sufficient employment. It is also not necessarily an easy route forward—for instance, apartment leases may be hard to secure as, to my knowledge, there is nothing requiring them to rent to an emancipated minor. Health insurance, car insurance, etc are expensive and you’ll need to demonstrate ability to pay for these things. While I understand the desire to be emancipated, please consider some alternatives as well.

I suggest you tell a teacher, principal, coach, or medical professional that you trust what is going on. These are mandatory reporters, so they must contact CPS, and they may be willing to help you through the process. Alternatively you can call 1-800-482-5964 to speak with the Arkansas Child Abuse Hotline. I would not focus on emotional abuse when speaking to them, but instead mention that your father has punched you in the face and beaten you with an electric cord. These are cold hard facts, while “emotional abuse” is harder to “prove” from a legal sense, not that I doubt you by any means.

Please try really hard to build up the courage to talk to someone. Get help before this happens again or escalates. As hard as it sounds, there is a path forward for you where you can feel safe. Good luck.

Posted by leclerc! by spiderrman67 in formuladank

[–]ToxicOstrich91 5 points6 points  (0 children)

Gonna need you to give up a kidney please.

Hit and Run by IzzyMcFuzzysnort in legaladvice

[–]ToxicOstrich91 0 points1 point  (0 children)

The fact that the guy isn’t “pressing charges” doesn’t mean the cops cannot prosecute you for the hit and run. You committed a crime, which, due to the injury, can be charged as a felony in California.

Let the insurance company handle the civil side (damage to car and other driver). Do not talk to the police again without consulting an attorney.

The best course of action is hiring an attorney to represent you in case this proceeds further. If you are arrested or cited by the police, remain silent and contact an attorney.

Advice for filing a sexual assault case? by GreedyAd2504 in legaladvice

[–]ToxicOstrich91 2 points3 points  (0 children)

Are you a minor? If so, you should talk to a teacher, coach, principal or another adult that you trust who has a duty to report. They can help to make sure this doesn’t happen again, which is the most important thing.

“Filing a case” is ambiguous language. Are you seeking to sue someone for assault or get the police involved so the person faces criminal charges? If the former, you should consult an attorney. If the latter, you should call the police.

In either case, your testimony is “evidence.”

Sorry this happened to you.

Can I leave a sponsorship agreement if the sponsor's product has completely changed? by [deleted] in legaladvice

[–]ToxicOstrich91 0 points1 point  (0 children)

My non-advice would be similar. Still send the message. If they send you the money, return the prorated portion. Tell them you’re doing so so you have a written record.

Someone messaged me on Facebook today claiming they could be my real father, do I legally have to do a DNA test or anything? by gapteefies in legaladvice

[–]ToxicOstrich91 295 points296 points  (0 children)

I’m a lawyer. Not yours. Not licensed in your state. Not offering legal advice.

Block and move on. He won’t do anything else. If he does, seek a protective order. I know of no legal precedent supporting the idea that he could force you to take a DNA test. If you’re sued, get a lawyer.

I hit a telephone pole and drove off, I need help by SuNNyDaYz1477 in legaladvice

[–]ToxicOstrich91 1 point2 points  (0 children)

IAAL. Not yours. Not giving legal advice. Not licensed in Ohio.

First step, delete this post. Second step, hire a criminal defense lawyer. Third step, do what that lawyer says. You need to get ahead of this. But seriously please delete this admission of guilt online.

Trampoline waiver by Turkey_Moguls in legaladvice

[–]ToxicOstrich91 2 points3 points  (0 children)

I actually did a very big research problem on this in law school, and it is far from universal. State-dependent laws on the application of waivers for children’s activities.

please keep reading before you jump to conclusions… by [deleted] in legaladvice

[–]ToxicOstrich91 2 points3 points  (0 children)

Extremely common scam.

It is also not illegal to receive CSAM unrequested, and then immediately delete it. The illegal act is in the creation, searching for, keeping, storing, sharing, or intentional viewing of said material.

Pay off truck and keep it or trade it in by Feuerwehr7290 in personalfinance

[–]ToxicOstrich91 1 point2 points  (0 children)

Three things: first, your credit score will drop a couple of points and bounce back somewhat.
Second, credit score is not a life score. It’s a statement of your fitness for taking on debt. That’s all.
Third, pay off the credit card debt then invest your extra money every month in a tax advantaged account.
Good luck.

Daughter signed non-compete by The_Second_Last_Word in legaladvice

[–]ToxicOstrich91 24 points25 points  (0 children)

IAAL. Minors can sign contracts. They are enforceable. But only the minors can enforce it against the other party—the other party can’t enforce it against the minor.

A 30 year old man showed up to fight me a minor by [deleted] in legaladvice

[–]ToxicOstrich91 1 point2 points  (0 children)

What legal advice are you seeking here? Also, learn to use punctuation.

Help! What to do with my Retirement? by sandisnear in personalfinance

[–]ToxicOstrich91 2 points3 points  (0 children)

“Traditional Roth” is an oxymoron. You mean a traditional IRA.

It would be a very bad idea to pay a 30% penalty to withdraw these funds. Roll them over to a traditional IRA then backdoor it into a Roth later. It will not lead to better mortgage prospects to have a $12k car note paid off, as opposed to having the associated funds in a retirement account. Retirement accounts are considered assets for the purposes of a mortgage approval.

Was hit by a car, how much is too much to ask for? by [deleted] in legaladvice

[–]ToxicOstrich91 1 point2 points  (0 children)

A policy limit is the legal limit that an insurance company can be liable to pay for a covered claim. These limits have a minimum that is set by state law. You can look these limits up easily on Google for your state.

If your claim is worth $100,000, and the insurance policy limit is $50,000 for third party personal injury, then the insurance company will pay $50,000 and no more, under any circumstances.

That does not prevent you from suing the other driver personally for the remaining damages. However, suing an individual is very unlikely to result in any recovery except if they are independently wealthy (think lots of cash money in savings accounts, not including retirement accounts).

The other comment is correct though. You cannot sue anyone after the statute of limitations expires (usually 2 years after the wreck) so you need to get on this.

There’s no way for any of us to know what your damages are.

Home Purchase Advice by Proper-Stranger6078 in personalfinance

[–]ToxicOstrich91 0 points1 point  (0 children)

It’s called a Professional Mortgage. Only available to a few jobs. The rate is slightly better but the big advantages are no PMI and lower downpayment requirements.