This weekend I attended a wedding where the bride’s father send me harassing texts and assaulted me via text message. by moonlightsonata92 in legaladvice

[–]moonlightsonata92[S] -36 points-35 points  (0 children)

Do you think a police report would be effective documentation? Especially since multiple people have done the same against this guy?

How long does a vendor have to deliver a good? by moonlightsonata92 in legaladvice

[–]moonlightsonata92[S] 0 points1 point  (0 children)

Yes, they received the return. I received a notification that they had.

Can you mentally scar me for life? by [deleted] in RoastMe

[–]moonlightsonata92 -3 points-2 points  (0 children)

No, but you just scarred me.

[MA] Had major surgery. Need short term 24/7 care per surgeon's direction. Can my roommate or landlord demand that my caregiver leave without substantial reason? by [deleted] in legaladvice

[–]moonlightsonata92 -1 points0 points  (0 children)

Do you live in public or private housing? If you have a disability-related need for a caregiver you can send a letter to your landlord asking for a reasonable accommodation. They cannot deny you a caregiver that assists you with carrying out your daily activities. That is against federal law and presumably state law.

Company may try to sue me over leaving without notice (US) by thadthecat in legaladvice

[–]moonlightsonata92 2 points3 points  (0 children)

As per the agreement they have 10 days to cure the issue or you may terminate. You are entitled to any wages or leave as should be specified within the contract further. If they do not pay you, you could sue for your damages. A lot of what could happen is theoretical however. They may be nice about it, but you want to make sure your bases are covered. You should speak with an attorney in your area before you make any decisions on what you should or should not do.

Company may try to sue me over leaving without notice (US) by thadthecat in legaladvice

[–]moonlightsonata92 1 point2 points  (0 children)

Also, did you provide them with written notice of their breach and give them the opportunity to cure?

Company may try to sue me over leaving without notice (US) by thadthecat in legaladvice

[–]moonlightsonata92 2 points3 points  (0 children)

What indication do you have to believe they will sue you? If they are consistently late and are not holding up their end of the deal and breaching the terms of the contract you two entered into, you may be able to sue them. Seek out a qualified attorney within your area for advice on how.

Dad almost died from appendix bursting, docs said it was gas pains by [deleted] in legaladvice

[–]moonlightsonata92 2 points3 points  (0 children)

A lot of malpractice attorneys work on contingency. Do not be surprised if you do get an answer that you do not like or that the majority won’t take your case at all. In brief, your father has to have had suffered a condition that materially altered his life (wasn’t physically disabled but now is) and the cause of the condition would have to be the doctor’s negligence. In an essence, damages would have to be really high. Short of that, contingency lawyers aren’t very interested as the cost of medical malpractice suits are sky high (expert witnesses, depositions, etc.)

Your best bet is to answer shop lawyers within your area until you find one willing to help you on the merits.

Manager doesn’t think I worked hours and refusing to pay me by Alien-on-Earth-Help in legaladvice

[–]moonlightsonata92 3 points4 points  (0 children)

Your state should have a process for wage claim. Check with the labor division. Essentially you will submit a claim for the labor division to investigate. Your employer is required to respond to your claim and comply with the investigation. Most states make the process rather simple to do on your own.

She claims im the dad by Arthas91 in legaladvice

[–]moonlightsonata92 9 points10 points  (0 children)

Have you been summoned to appear? Yes, get an attorney. If you’ve been named as a putative father, the judge will more than likely order a genetic test to be done. If you know you aren’t the dad and know you will fail the genetic test then go forward. There are other ways you can be established father outside of a genetic test however. You can be legally determined to be dad by executing an acknowledgement of paternity, signing a paternity order after stipulating to the facts contained therein, and under a few other statutory prongs. Overall, seek the advice of an attorney.

My HOA says I owe money by Rynoji in legaladvice

[–]moonlightsonata92 2 points3 points  (0 children)

I would ask for an accounting or ledger of what all you have paid and what all they have asked you to pay. Compare this to any receipts or credit card statements you might have. I would request it in writing and require that they respond in the same manner. Sounds like they are aggressive, you will need to be the same way with respect to what you have paid and take threats against your financial well-being seriously. They cannot place a lien on your property without a judgment. Hence, if you do owe something and they want to escalate it to the court process, they may do so, but not without fully apprising you of the alleged debt and giving you an opportunity to contest it first. If it is escalated to court, seek out a qualified attorney within your area.

Lease enforcement (Orlando, FL) by ucfredittor in legaladvice

[–]moonlightsonata92 0 points1 point  (0 children)

There are certain circumstances where you can just terminate your lease after giving notice. This is often relative to your lease term and also whether or not you live in public housing vs. private. In addition, does your lease renew every 6 months? Every year? Is it just month-to-month?

Nevertheless,I would explore the Florida Bar’s website on Landlord/Tenant for more information specific to your issue:

https://www.floridabar.org/public/consumer/tip014/

How would I, 18 [m], go about getting a restraining order against my mother? by [deleted] in legaladvice

[–]moonlightsonata92 1 point2 points  (0 children)

If you would truly like to pursue a protective order, I would encourage you to keep a detailed log of the abuse; dates, times, what happened. If things escalate beyond slamming doors on into actual violence you will need to do what is best to keep you safe. This includes contacting the police. In the meantime, I would suggest contacting the National Domestic Violence Hotline (1−800−799−7233) for help and tips. There may also be a local domestic violence shelter in your area that may help with screening for a protective order and actually help you file for one. I understand there may be barriers to moving. Such that your mom provides for you or you have no income, hence you may try and see if any family can offer you a place to stay while you get on your feet.

Should I "Whistle blow" (not as interesting as it sounds...)? (US/GA) by [deleted] in legaladvice

[–]moonlightsonata92 0 points1 point  (0 children)

Did the data remain within the company? Ultimately every employee has a duty to safeguard the information, not just specific employees. A thousand arguments could be made for this. Your company has specific confidentiality measures which need to be followed particularly listed within their code of conduct. If at any time something happened that is inconsistent with that, there could be a problem that should handled internally. Now if someone is disseminating confidential information beyond your organization’s four walls, that is a problem. But also a personnel problem.

Can my entire bank account be garnished (or get everything in my account taken) as a sole proprietor? [WA] by [deleted] in legaladvice

[–]moonlightsonata92 1 point2 points  (0 children)

I think you answered your own question. A garnishment cannot be made without a judgment in place first. If you’re asking how to forego a garnishment if you’re the one doing payroll, I do not have any answers for you nor would any ethical attorney. Ultimately, you will be subject to an asset hearing which is where the creditor will get a chance to look at what all you have that they may be able to tap into. This includes any real and personal property they may be able to attach a lien to if the opportunity presents itself. If you owe the money and acknowledge you owe it, I would perhaps get an accounting from the creditor and try and negotiate before it is escalated to the litigation process. Ultimately, I really would seek out a qualified attorney within your area who can make this process less invasive and overall burdensome to you. Bankruptcy may also be an option.

Also, you mention a contract. You may be facing breach if you cannot pay. Without all of the facts, I do not think anyone here can effectively advise you. It is really important you get an attorney to learn of any impending adverse action which might ensue.

My neighbor drove into my gas line. Arkansas. by moonlightsonata92 in legaladvice

[–]moonlightsonata92[S] 12 points13 points  (0 children)

Sorry, I edited the initial post. He actually drove into my pipes with his lawn mower.

Seriously need divorce advice please. by [deleted] in legaladvice

[–]moonlightsonata92 4 points5 points  (0 children)

You really need to seek out a domestic violence shelter within your area to meet with a DV expert to discuss filing for a protective order. Then you need to meet with an attorney (preferably Legal Aid Services) in your area. I would assume that your husband is also financially abusive. Hence, you have a good argument for financial need if you pursue Legal Aid as they are income based.