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    Tuesday, November 26, 2019

    Legal Advice - (Update) My bank put my account under another account and refused to fix it or refund the money

    Legal Advice - (Update) My bank put my account under another account and refused to fix it or refund the money


    (Update) My bank put my account under another account and refused to fix it or refund the money

    Posted: 26 Nov 2019 08:05 AM PST

    Link to original: https://www.reddit.com/r/legaladvice/comments/d5p1oh/my_bank_put_my_account_under_another_account_and/

    I submitted an OCC complaint against my bank the same day I posted, about 2 weeks later the bank called me and asked me what day works for me and I would be meeting their National Enterprise Financial Crimes Director himself at my local branch or if I did not want to come in they would come to my house even after business hours.

    The next week I go in and meet him, he does nothing but apologizes for about 20 minutes and tells me they will immediately cut me a check and or give me cash for the missing funds that were transferred to the "mistakenly approved parent account". I quote that phrase because he said it exactly like that about 20 times.

    I tell him great, I'll take cash since I have already opened a new account elsewhere and do not intend to continue to use their services since it took me reporting them to a government agency before they did anything at all to fix the situation that was clearly their fault.

    He tells me that's fine and he understands but he just needs me to sign a "small document" saying the situation has been remedied to my satisfaction, the "small document" is about 20 pages of stuff that I understand about half of but I can kind of see it's basically me saying that I am being refunded the money and I can take no legal action against them, can not talk about it and cannot tell anyone their mistake. Also that I must remove all "public postings, mentions, anything negative about the bank from any online reviews or websites publically accessible". Seems they found my reddit post.

    He tells me that I cannot receive my money unless I sign this. I tell him definitely not since I cannot understand half of this and I leave without my money. So I once again file another OCC complaint online and call in to speak to someone. They tell me this is being escalated and to wait to hear from them, about a week later the bank is once again calling me for a meeting. I tell them I want nothing except a check mailed to my address on record and to leave me alone otherwise.

    After a few calls a check finally showed up, for the full amount that was transferred to the parent account. Thanks LA for telling me about the OCC (The Office of the Comptroller of the Currency). They take complaints seriously and it's what it took to finally get this whole thing resolved.

    submitted by /u/iamgoingshai
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    Friend got fired after her employer looked at her bank transactions

    Posted: 26 Nov 2019 12:56 PM PST

    Location: Indiana

    My friend was sick last week and called in to work before her 9am shift. In the afternoon, her family had an impromptu day trip out of town and basically forced her to go along. She didn't want to go, but they assured her it would be an easy trip. Most of it was just sitting in a car, then going to eat, then back home.

    She got back to work and was fired. Turns out, she works for a bank. Her employer went through her bank account and saw she had transactions in a nearby town on the day she called in sick. They said if she was well enough to travel, she was well enough to work.

    Is this legal? Just because they're a bank doesn't make it okay, right?

    Edit: Added my state

    submitted by /u/moneybagz8877
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    Plasma donation center won’t release my bloodwork to me or my doctor.

    Posted: 26 Nov 2019 09:05 AM PST

    I donated plasma and they ran blood work on it to make sure it's safe to give to patients. They told me there was an abnormality on it. But they were very vague and told me to see my doctor. Which I did. My doctor wants to see the bloodwork to find out more information about what's going on. He doesn't know what bloodwork to run or who to refer me to without more info. The plasma center refuses to give me or my doctor the bloodwork. They said they're not legally obligated to do so. Am I wrong in thinking that I have a legal right to my own medical files? How do I go about getting my records from them?

    submitted by /u/denny_crane_
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    (FL) Hospital Security Guard Tried to Deny Me Access Because I Didn’t Smile

    Posted: 26 Nov 2019 01:47 PM PST

    Background: I am a 20-something female. My older sister is a physician at a hospital. She is hosting thanksgiving at her home this year, so my other siblings and I have flown in to stay with her. I had just gotten my older brother from the airport and we went to the hospital to pick up our sister after her shift.

    When we got to the hospital, there is a small security guard podium where the security guard hands out visitor's stickers. My brother and I went up to get our stickers and when the guard handed mine to me, he said "Why aren't you smiling?" I was exhausted because it had been a long day and I told him that I was tired and just wanted to get my sister so that we could all go home and relax. He kind of smirked/scoffed and then my brother and I walked away. We were all the way across the lobby when the security guard called after my brother with "Sir! Sir! You need to come back here." We both turned around and started walking back towards the guard, but he stopped me and told me to stay where I was. So I did.

    My brother went up to him and the guard told him that if I didn't smile the next time he saw me and if I wasn't in a better mood, then he had the right to deny me access into the hospital. To note, I was in no way rude to anyone, just tired and not very talkative (my brother's flight was delayed 3 hrs and I'd just spent most of the afternoon sitting in baggage claim.) My brother asked why the guard was talking to him and not to me and the guard's response was "Because you need to control her. You need to make certain that she behaves herself." At that point, my brother walked away and didn't want to engage any further. We got my sister a few minutes later and went home.

    One of my friends told me that the guard exercised "tone policing" along with a great display of misogyny. But aside from that, can a security guard reasonably deny me access because he doesn't like that I'm not cheerfully smiling? I would think that access can only be denied for legitimate threats, not a 20-something woman who is tired and not smiling. What is the legal basis here?

    TLDR: Security guard threatened to deny me access to hospital because I wasn't smiling. Is this legal?

    submitted by /u/pineappleprincesspie
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    [UPDATE] I just found out that I have Huntington's Disease and I need to know how to best legally prepare for the future.

    Posted: 26 Nov 2019 12:18 PM PST

    Quick update to my post concerning Huntington's and a will/estate.

    I contacted a local estates lawyer and he drew up a will outlining my wishes concerning my property after death. I'm leaving everything to my (unaffected) twin.

    I talked to the same lawyer about right to die, euthanasia laws, etc in the USA and he said California was an option. If California fails then I will travel to the Netherlands to use their euthanasia laws before I reach the endgame.

    submitted by /u/AnonHD3546
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    Diply used an image of me and my partner for a clickbait article, family member found us.

    Posted: 26 Nov 2019 10:54 AM PST

    [UK]

    Hi, me nor my partner have ever used Diply, but we were informed that our photo was used on an article in which the text below insinuated that one of us had recently been cheating on someone, one of those 'juicy secret you heard about' clickbait articles. It's stressed us out because they actually linked to my partners instagram as the picture source, causing a family member who should not have been able to see or contact us to find us and do so.

    What can I do in regards to this and does anyone know who to contact at Diply about it?

    Thank you very much for the help!

    submitted by /u/TCPC1
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    [NC] My daughter gave 2 weeks notice at her part-time job. In response, her employer cut her pay to minimum wage, requires that she work for 3 weeks at minimum wage, and threatens to charge her for "training" if she doesn't comply.

    Posted: 26 Nov 2019 04:09 PM PST

    This is at a childcare center in the Raleigh area at which she's been working for about a year. She has finals coming up and needs the extra week to study.

    Any advice would be much appreciated.

    submitted by /u/rattanwheel
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    [FL] My employer has a policy preventing employees from discussing their wages/hours with each other. I filed a complaint with the NLRB and they called me today for a statement. I had no idea my name would be given with the charge so I told her to withdraw my statements. Am I still protected?

    Posted: 26 Nov 2019 10:43 AM PST

    This is a giant mess so I'm sorry if this is confusing. I'm also on mobile so please excuse formatting.

    I filed an online charge on the NLRB's website and they just called me today for a formal statement. I asked the investigating attorney if the employer would be presented with my name and accusation and she told me they most likely will be receiving a letter in the mail either today or tomorrow with the allegations and my name and information on it.

    I told her I no longer wish to proceed because I thought it would be anonymous and I don't want to be fired or anything. She told me I'd be protected against retaliation and I told her I'd rather not risk my job so I told her to cancel it and withdrew my statement she said that was fine but the letter was already in the mail.

    My question is, since I did not proceed with the charge and my employer will already (or soon) know that I reported them, am I still protected against retaliation or am I screwed?

    Also, if I deny to my employer that it was me who submitted the charge, can I get in legal trouble for denying the fact that it was me who accused them?

    I know retaliating against an employee in a case like this is illegal but plenty of things are illegal and people still do them so I'm very scared and don't want to lose my job right now.

    My plan was that once my employer receives the letter they'll more than likely call me into my boss's office for a meeting and at that point I plan on denying that it was me who submitted that charge and telling them something like "somebody is using my name to try to get me in trouble. I have no idea what this is." I'm panicking and I don't know what to do at this point, I almost want to intercept the mail and throw out the letter before anyone realizes what I've done. Please help. :(

    submitted by /u/PumpkinMacchiato
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    Received a ticket for having trash in front of my apartment building due to homeless slashing the bags for cans

    Posted: 26 Nov 2019 08:57 AM PST

    -Tuesday's are trash days in my neighborhood (Boston). -The protocol is leave your bags in the designated spot along side the road for the trash guys to take care of. -I put the bags out on my way to work in the morning, around 8am -By 10am when the trash guys usually come, the bags are torn apart by homeless looking for cans/bottles/redeemables -We get hit with tickets for having trash scattered everywhere as a result

    What's my best course of action here?

    Definitely appealing the ticket but I'm want to waste as little time as possible with the court system. This is the second time this has happened.

    Edit: Boston, MA

    submitted by /u/Omoney69
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    I live on a dirt road on a non-county maintained road (blue sign). We pay a $200 HOA fee to maintain the road. HOA president suddenly announced he will maintain the road himself. Now the road is all collapsing and has damaged my car. Can I legally do anything?

    Posted: 26 Nov 2019 07:53 AM PST

    UPDATE: Thanks for the responses, friends. I've had a chat with my parents, and they mentioned a couple people on the HOA board aren't happy about the job Mr P did. He's still happy about the job he did though. Mom called one of the people on the board and said they might call a meeting with just board memebers to decide the next best course of action. Dad seemed to think suing was a bad idea. I brought my car in for repairs so we'll see how much that costs.

    Hi folks. I live on a dirt road near a big lake in FL. The road isn't maintained by the county so it's up to the people living on the road to keep it maintained. We (the people living on the road) pay the HOA $200 to have the road professionally maintained. Key word: professionally.

    Now, in FL it rains. A lot. The road either gets potholes or "washboarding" where a bunch of ridges are formed. The company that the HOA president (Mr P) hired scrapes the top of the road, which is only a temporary fix. Recently, Mr P fired the company and has been looking for another company.

    We hadn't had our road maintained in a couple months, so the road was getting really bad. All of a sudden, we get a message over our Nextdoor board that Mr P is renting heavy equipment and doing the job by himself, with no exceptions.

    Now comes last week, when he begins working on the road. He spreads dirt all over the road to fill in stuff and scrapes it all in, pushing it. In the process, he digs deep gouges in the road and essentially makes a huge mess.

    Currently, someone is building a home on a plot of land, so the heavy equipment coming down our road isn't helping its condition. On Friday I was coming home from class when part of the road crumbled in and as I ran over it. It damaged the underside of my car, which caused it to start leaking oil. I drive back home and tell my parents, who then confront Mr P. He essentially tells them that I should watch how I'm driving and that his job on the road was the best that anyone had ever done. He says he will keep taking the $200 HOA fee to do it himself.

    Is there legally anything I can do to solve our issue? Not just the car, but the mess of the only road we have in and out. I feel like it's only a matter of time before someone gets injured by a sudden sinkhole. It doesn't take much rain to tear our road apart.

    submitted by /u/KasperAura
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    My property management company is trying to charge me $50 to pay rent with a money order

    Posted: 26 Nov 2019 08:33 AM PST

    http://imgur.com/gallery/86mbUl3

    So here's my lease concerning rent and the notice they gave me. I disagreed with them but they assure me it is legal because of the clause in the second picture stating they can request payment in any method they specify. I tried to play nice and use their stupid paynearme app and have been turned away at every CVS because it isn't working. I work 50hrs a week and have a daughter in the NICU for the past two months, and I just want to pay my rent and not deal with stupid bs. I've always paid my rent early every month, up to a month in advance. Is this legal for them to try and do when it says in my lease I can pay with a money order and there is 0 mention of a processing fee? Thank you

    Edit; the printed notice about the 50$ money order processing fee was a printed notice put on my door 2 months after signing the lease and moving in. It was not in the lease or said when I signed it. They changed their policy down the road

    Edit: i am in San Antonio, Texas

    submitted by /u/danesz
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    My apartment managers come in and out of my apartment without telling me? What can i do to make them stop?

    Posted: 26 Nov 2019 06:40 PM PST

    I've caught my apartment managers coming in my apartment without me knowing. They uninstalled my window ac unit and moved around my things. When i approached them about it they said that they were checking a leak. I told them to inform me next time they come into my apartment so i know.

    Today, i hear a knock on my door. When i open it, its one of the managers with extermination telling me they are there for a monthly spray. I wasnt told of this at ALL, and told them to come back later. They didnt come back at all.

    My biggest concern is that they're walking in an out of my apartment freely without telling me. They could install camera or anything without my knowing. Is there any legal action i can take for this safely? And when i say safely, i mean fullproof, because the building manager is also a judge. Thanks!

    submitted by /u/Punkedora
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    [CA] SoCal I am an international student renting an apartment and the new landlord is requesting payment via cash or money order and cannot pay rent due to no access to my bank or money order.

    Posted: 26 Nov 2019 05:10 PM PST

    I am an international student renting an apartment and my new landlord is no longer taking payments via the portal I used to pay rent with on my international card. They are implementing a new online payment system and there is no date of when that will be implemented.

    I just received notice of this on November 21, 2019 and my rent is due December 1, 2019. Since I am no longer able to submit rent payments via my credit card since there is no online portal, the landlord is now requesting cash, Money Order, or cashier's check. I have this in writing through their emails) I am unable to do cashier's check since I do not have an American bank account.

    I do not want to pay cash since they can claim that I did not pay them. Doing a Money Order I will have to pay a $60 in order to withdraw the cash I need. (I do not want to do this since I am leaving after Christmas) but is a last resort.

    As per my lease contract, under "Forms of Payment" it states "Rent cannot paid in cash or by money order" though this contract with my previous landlord. Can I use this with my new landlord?

    Thank you in advance

    submitted by /u/Hiesha
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    I (24M) am in a custody battle today with my soon to be ex wife (27F). Two weeks prior she came to my friends apartment with my daughter (4F) and her son (8M) and assaulted me and my friend and was arrested. How does the pending assault charges affect my chance at custody?

    Posted: 26 Nov 2019 08:23 AM PST

    As the title states. I don't know the exact charges but I believe it was assault and or domestic violence and in Fresno, CA. I have video evidence recording not the attack but the conversation leading up to it of her being belligerent and not wanting to leave and making remarks such as "I have nothing to lose" and "I'm going to start shit and make your life a living hell, your family life a living hell" I suppose my question is, how does this and the case she has against my friend affect my chances at custody? My daughter and step son were present at the time and she was arrested and I received a temporary restraining and custody order for a week which already expired.

    Edit: I found out after court she is facing PC273.5(A) Corporal injury on spouse or co-inhabitant Felony for me And PC242 Battery for my friend And the DA picked up the charges and filed two CPOs against her on our behalf. But not for our daughter. The exception of communication is dropping and picking her up.

    submitted by /u/Endoi
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    Should I contact the prosecutor who is trying my child molesting step brother? [WA]

    Posted: 26 Nov 2019 08:20 PM PST

    I am no contact with my family because they took my stepbrother's side when I told them that he pretty regularly sexually assaulted me growing up. Now my asshole stepbrother is being tried for 4 counts of child rape. Two charges are for under age 12 and 2 charges are for between age 12 and 14. I'm assuming these are his stepdaughters.

    I don't really know what is going on because I am no contact. I got a text from my mom apologizing to me and telling me he had been booked for child rape. I googled until I found where he was booked and what the counts were.

    There is a LOT to process here, obviously, but the good news is that I am in therapy and I have a wonderful wife and great support system.

    My biggest question is: would there by any benefit at all to contacting the prosecutor and telling him what he did to me? I don't have any diaries from that time anymore, and I didn't tell anyone about it until recently so there wouldn't be anything to corroborate it from that time. This was 20-25 years ago. We were also the same age so there wasn't any sort of age thing going on.

    It doesn't seem like there would be any benefit, but I do want to do anything I can to help those poor girls. Thoughts?

    submitted by /u/uforgotaboutelaine
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    [WA] husband (29) refusing to sign divorce papers

    Posted: 26 Nov 2019 10:26 AM PST

    Husband and I split in August. I purchased the necessary legal documents from divorce writer so I could have us both sign and file in Lincoln county. In Washington, I can mail in the divorce in that county and receive the decree in 90 days. We have no kids, no shares assets, not even a joint account. I sent my husband the paperwork in September through priority mail, ensuring I'd have a confirmation the documents were delivered. He's holding them hostage so I'm wondering if my proof of sending priority mail is enough to continue to file through the mail since he's been made aware and has been given a few months to sign but is refusing to do so.

    Thanks for any advice!

    submitted by /u/JewelloftheNile
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    Landlord refuses to let us add a 5th roommate because they want to keep their 5-bedroom house "a family home" but we cannot afford to not have a 5th roommate. Advice?

    Posted: 26 Nov 2019 01:41 PM PST

    I'll try to keep this short--

    A few weeks ago, me and 3 other friends found the perfect house for rent (in Los Angeles). It is close to work, and much nicer than any of our current apartments. The house is 5 bedrooms, so we made it clear to the landlords and the management company that we would want to add an additional roommate as soon as we secured the apartment and signed the lease. Soon after sending in two month's rent security deposit and first month's rent, we found the perfect roommate. She's older (mid-30s) and has been a local schoolteacher for quite a long time. We presented the potential roommate to the management company and they refused to even let her apply to the house as "it has always been a family house, and we want to keep it that way".

    To be clear, we won't be moving in until mid-December.

    My friends and I cannot afford this place without a 5th roommate. Do we have any legal recourse or are we screwed? Thank you!

    submitted by /u/throwaway-rental
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    My Parents are Not Fit (Financially or Mentally) to Continue to Raise my Siblings

    Posted: 26 Nov 2019 05:03 PM PST

    Okay, I'm not one to know how this process works, so I could do with a few pointers.

    To set the scene, I'm in college, I only see my family over the holidays or summer. I have five siblings under my parents care, youngest one being 7. The oldest is 18 and able to find a job and move out if she chooses.

    I can't go into all the details about why my parents are unwell (don't have the time), but I'll list them here.

    • They have both made the household a living hell for the past 6 years.
    • They have both been in physical altercations in front of my siblings and I numerous times (which often results in broken property such as doors or cops being called)
      • Only one injury was significant enough for my mom to visit the hospital, where a hard blow to the head gave her a minor concussion. Neither has told the law about this however.
    • My siblings have missed school now and then, which results in late assignments and lower grades.
    • My oldest sister has told her school therapist, which resulted in cops visiting our house but nothing came of it.
    • My father (or legally step-father) has moved out into an apartment after being kicked out. This only lasted about a few months until they "made up" and moved in together in that apartment.
    • They are both jobless
      • this resulted in them having to leave the apartment and move into their previous place of residency which my grandparents pay for.
    • They have each left the house days at a time for being mad at one another, sometimes leaving the kids alone for a night.
    • They have both been on drugs
    • They have both been in multiple affairs
    • I have little to no personal proof of any of this happening (videos, pictures, or otherwise)

    Is this grounds for my siblings to be removed from my parents care. If so, how can I as a sibling aid in this process. What would such a process look like? Could my siblings live with close relatives if they were taken out of their care?

    Sorry if this comes as a jumbled mess but this is all just flowing out as I type. I appreciate any and all advice.

    submitted by /u/mythroawayforadvice
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    Landlord won't fix my constantly leaking shower because "it still works". It drips up to 7 gallons a day. Can I take him to small claims court for my water/electric?

    Posted: 26 Nov 2019 07:32 PM PST

    State is Virginia.

    My water usage has increased by about 10% per month since the drip happened. I've got the records that show my water usage went up about the same time I initially put in a maintenance request.

    submitted by /u/damngoodculture
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    Florida - Can my husband's employer take his PTO while forcing him to work on call?

    Posted: 26 Nov 2019 10:23 AM PST

    My husband's employer has a mandatory 'corporate shutdown' around the holidays - all salaried employees (of which my husband is one) have 8 PTO hours automatically deducted for each workday that would occur the week of Christmas and New Year's Day.

    My husband's manager has informed him that he will be on call from December 23rd to December 29th, but 32 hours of PTO for that week will still be deducted (Christmas day is a paid holiday and so does not count against PTO). Manager's explanation is that 'hopefully' he won't have to do any work, but he is expected to be at home waiting and ready in case an emergency does arise. No other compensation is being offered.

    Can the company legally take his PTO while requiring he be available to work at a moment's notice?

    submitted by /u/Clumsy_Chica
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    Schizophrenic mother caused a car accident, left the scene, and was later detained by authorities. (Indiana)

    Posted: 26 Nov 2019 08:08 PM PST

    tl;dr: My mentally-ill mother was driving someone else's car with their permission, caused an accident, left the scene and got arrested. She must now appear in court. My sister and myself will be going with her. Is there anything we should be aware of as far as what can happen to my mom, assets, lawsuits etc? We've never dealt with anything like this and are looking for any advice we can get.

    Full Scoop: My mother has suffered from schizophrenia since before I was born due to mental and physical abuse. For obvious reasons my grandmother took my sister and myself under her wing as our legal guardian since birth. My grandmother took care of my moms social security/disability benefits. When my grandmother passed away, I took on that responsibility and have been doing so since. My parents live together and survive off of my mothers disability income.

    My grandfather (moms dad) is a hoarder of anything and everything. He lives alone. He's severely manipulative. And since he is unable to drive, he purchased a cheap vehicle and had someone take my mother to get her driver's license. He did this so my mother could do his garbage picking for him at night. He takes advantage of her, and she listens. I did not know any of this was going on. I simply pay their rent/utilities online, and do the occasional paperwork for moms social security. We rarely communicate.

    Mother has been admitted to psych-wards several times over the years. She usually does something like get a hold of my dads phone when he's asleep, call the police, police show up angry, she gets admitted, they adjust her medication, and then she gets released back into the wild.

    So after countless arguments with family about how my mom could potentially harm or kill herself and others on the road, my grandfather still believes that my she has the god given right to operate a 2,800lb machine on the public roads. And somehow with the current licensing system, she is fully capable of earning the right to drive.

    Now let's talk about my parents relationship. They've been married for 50 something years. Dad is wheelchair bound due to bone cancer and several other medical issues. He married my mother before she started having mental issues. And he has stayed by her side ever since. I do give him that. He puts up with her. But if the chance arises, like maybe she wants to go shopping, he will give her the keys so he can get his time away from her.

    So time goes by, my mom has her license in hand. The one thing she wants to see in her lifetime is for her son (me) to get married. So mom being the ever so thoughtful person that she is, drives to Goodwill, purchases a wedding dress, and tries to drive it to my house for me to give to my significant other. Problem is, well... several things. But mainly the fact that my mom doesn't know where I live.

    So I start getting phone calls from my dad and sister telling me they can't find mom. Hours go by and we get a hold of county police and find out shes in jail after being involved in an accident and fleeing the scene. I then meet up with my sister, and we head over to bail her out.

    They release her, and we ask her exactly what happened. She's not known to lie, but due to her mental issues her stories may not always add up. My mom explained that she pulled out of the driveway, and got clipped on the back end of her car. She got out and so did the person she hit. The person she hit lived close enough that one of the parents walked over to the scene. My mom said everyone was okay, so she got in the car and left. A couple miles down the road, police catch up to her and arrest her.

    And that's pretty much the end of it. She now has to go to trial and that's the next thing. We have no idea who she hit, or where. I didn't speak to anyone at the county jail since it was 2am and I used a kiosk to bail her out. One thing I do know is that at the time of the accident, the vehicle was registered under my grandfather's name as was the insurance. Since the accident though, both car and insurance are now in my mothers name.

    This is a lot of information I know, but I figured having context to the situation may help on giving advice. I have never been in any legal situation like this before so it's very new to me.

    If anyone has any insight on this, really anything will help. I don't know if it is going to be a simple in and out kind of thing or if there could be a lot more mixed into this already muddy situation.

    I appreciate it. Thanks.

    submitted by /u/SupLegalAdvice
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