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    Monday, January 27, 2020

    Legal Advice - (Update) Bonus wages taken away after hours worked

    Legal Advice - (Update) Bonus wages taken away after hours worked


    (Update) Bonus wages taken away after hours worked

    Posted: 27 Jan 2020 10:36 AM PST

    Update to this post

    Even though my original post only had a few comments I wanted to post an update because the few people who commented really helped.

    I filed a wage complanint last week and encouraged my fellow PRN aides to also file a complaint. In total, 7 of us filed a complaint with the NDOL.

    I received an email back from DOL pretty quickly with them asking for a lot of info and documentation about my side of the story. It was pretty late on Friday so I didnt hear anything back until today.

    Before I heard back from NDOL this morning, I got a text from the perosn who texted all the PRN aides (who was just a messenger for the main admin person) telling me I had a check waiting for me in the office for my bonus money.

    About ten minutes after i got that text i got a call from the person who took on the claims that were filed. she let me know that what my company was trying to do was not legal and that i should have a check waiting for me. She told me 7 of us filed a complaint and she reviewed them all and sent the admin a letter saying they couldn't take those bonuses away from us.

    PRN staff no longer will recieve a bonus as of last week, but thats ok. Overall this whole process ended well for the PRN aides.

    Thank you to the commenters who walked me through this and let me know this wasn't legal. We probably would have let this slide if I hadn't asked for help.

    Edit for location bot. This is in Nebraska.

    submitted by /u/ohsnapperdoodles
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    New Jersey: My school guidance counselor compromised my safety

    Posted: 27 Jan 2020 07:23 AM PST

    My school has a bully, a bully people have been reporting for a long time however she never gets in trouble because she uses the sympathy card of " I'm going through things". However because I had enough of her and argued with her in class , she got up and began threatening me . After that class we had a meeting with her, me , and two administrators. She became extremely explosive and got in my face and started threatening me , Both administers just stood back and one literally said " I'm going to let you do what you do" to the girl . She didn't call security or try to stop the girl from hurting me she just watched . I not once tried to hit her , threaten her, curse or even raise my voice , security only came in when the girl had a tantrum and started screaming and throwing things and punching on tables . I feel like my safety was compromised , don't they have a job or duty to protect me? They were just going to let this girl beat me up . Afterwords the administrator said it was my fault because I got the girl mad by being calm . Like, was I supposed to scream and hit her ? Did she break a law or code of ethics as a school administrator by letting this girl threaten me and be in my face for literally over a minute ?

    Edit : I want to note that I have been diagnosed with Anxiety and PTSD and I do take medication and do weekly therapy for both . That's why I didn't walk away I was scared and I froze .

    submitted by /u/Greenapplesoaps
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    (North Carolina) I recently discovered my wife has been on several dating apps and may be cheating on me. State requires a year separation before divorce. Does this still apply to adultery and where is the line in terms of proof?

    Posted: 27 Jan 2020 11:58 AM PST

    So bottom line, recently discovered my wife has been on many dating apps including 'sugar daddy' sites like seeking arrangements. She has denied this but her emails show she was having messages back and forth and sharing images. Most of the emails are confirmation or verification emails for the different sites (all from about two weeks ago). She denied via text having any of these accounts but later admitted to them (with the exception of tinder). In regard to seeking arrangements, she said she went on there looking for other women who might pay her for friendship (pretty ridiculous). But the emails show she was exclusively messaging men (with a fake name no less). Unfortunately can't see the actual messages in the email and she's already locked this stuff down.

    There have also been several instances of her 'ghosting' me in the middle of the night (not returning calls or texts for several hours until very early in the AM). As well as messages between her and other men on social media (that she doesn't follow or is friends with).

    Anyway, I'm obviously considering a divorce but NC requires a year separation before filing. I'm not sure if this still applies to cases of infidelity and if not, how does the law define that? Would evidence of her being on all these sites and texts of her messaging other men (nothing sexual but flirty) constitute grounds for divorce without a year long separation? I don't have any concrete evidence of intercourse or an actual relationship but just a lot of behavior not really typical for a married woman. And clearly stuff that violates my trust. How do I move forward with this? She asked to move out as soon as I confronted her so that's happening but I really don't want to go through a year of bs with a woman who in all likelihood has cheated on me.

    submitted by /u/scruggsja
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    Getting Chinese Wife to the USA Immediately

    Posted: 27 Jan 2020 04:09 PM PST

    Hello, everyone. My name is David and I am a teacher in Wuhan, China. My wife and I were on holiday in Japan when our city was quarantined. Unfortunately, we cannot return home and her Japanese tourist visa will expire on February 3rd. I have visited the US embassy but they were completely unhelpful.

    Basically, they said as she is applying outside her own country she would be turned down, and the wait times would be too long anyway. They advised going back to China and applying there, then waiting three months.

    Obviously, I do not want to do this, cost of staying in a hotel for three months aside, I am worried about the safety of my family.

    My home would be in Texas in the United States. My wife and I are not showing any symptoms and are self quarantining anyway, just to be safe.

    Any advice in this matter would be greatly appreciated. Thank you.

    submitted by /u/lifeisstrangemetoo
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    Homeless people taking over dumpsters

    Posted: 27 Jan 2020 06:50 PM PST

    I work for a large hardware store in California. Behind our building is where we receive our shipments as well as where we keep our dumpsters. The dumpsters are in an enclosed area which has a lockable gate. Over the past few months homeless people have taken up residence in the dumpster area and in many cases we have been unable to access the dumpsters because they have tied the gate closed. We have found weapons, drugs etc in this area and it poses a serious safety concern for our store employees. The store manager has told us to just ignore them and that they are fine living there. Even the district manager has instructed us to "just be more compassionate". I recently sent an official company email to the district manger explaining our concerns but got no response. Company policy does not allow us to call the police for anything other than being robbed or attacked. If an employee is hurt in the dumpster area is there possibility for a lawsuit?

    submitted by /u/Biggpeepeeguy
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    My grandmother passed away, put me and her daughter as beneficiaries on her life insurance policy. Grandpa wants the money. I am now learning there is no actual money?

    Posted: 27 Jan 2020 09:04 AM PST

    We are located in USA, AL

    I have never dealt with this, so this is all very new.

    My grandmother told me and my aunt that we would be getting 100k from her life insurance. Now the insurance company is saying it's a "transferable life insurance policy" and told us that we would not be getting any money at all.

    I am very confused. The funeral alone has cost a lot of money. On top of that, my grandfather has learned he was not listed in the will to get anything, and now wants to take us to court. I'm not too worried about that now.

    But what the hell is a "transferable life insurance policy" and how do I get the money my grandmother intended to leave me?

    Edit: thank you everyone who replied. It's been a whirl wind these past few days. The funeral hasn't even happened yet and family is already trying to claw at whatever they can get. I didn't ask to be on the will, I didn't even know there was any money put away. I was very close with my grandmother and intend to carry out her will as she wanted. Again, thank you for the advice. We will be getting the solved soon.

    submitted by /u/WaifuMango
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    Can I be arrested or sued for closing a store early?

    Posted: 27 Jan 2020 05:16 PM PST

    So to make it short and simple I was a former assistant manager for a craft store. Today I, and 7 other employees quit immediately. Since I was the closing manager I closed and locked the store 4 hours early. (no staff or customers inside.) now HR is calling me flipping out. Can I be liable for anything in the situation? I live in Tennessee.

    I did call the GM and let her know what was happening (she didn't answer) and called a keyholder whom I got disconnected from)

    submitted by /u/JessaCuh
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    A family member is hiding my dad at a hospital and not letting me see him is this legal?

    Posted: 27 Jan 2020 08:16 AM PST

    Have a unique situation and really need any help or advice about this! I video chatted with my dad about 2 weeks ago and the doctor picked up and told me he was resting, but I got to see him and he was barely able to talk, so I said get well soon and let him rest.

    2 days later, I'm trying to call back, and all communication with him was cut, I called a family member who told me they're with him in the hospital, but refuses to let me see my dad. They're side of the family has feud with my side. It's the side from my dad's previous relationship and family. I visited the hospital and talked to the cops, he is no longer there and nowhere to be found. No one on that side of the family wants to pick up the phone. I called a couple other hospitals too, and they don't know where he is. We know that side knows where he is, but is trying to hide him from us. We think it has to do with the feud in my family and possible inheritance related reasons. He's getting old and cannot properly speak and we think that side of the family is taking advantage of him. Is it legal to dodge all phone calls and deny the right for me to see him? What's the best move any help is truly appreciated!

    submitted by /u/LostSoulsFound
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    My home was robbed

    Posted: 27 Jan 2020 05:42 PM PST

    My home was burglarized while I was on vacation and approximately $30,000 in jewelry was stolen. The police were not notified by the home security monitoring company because the company, unbeknownst to me, stopped monitoring my address two years ago despite cashing the monthly payments. They offered to refund the last two years payments.

    Based upon the crime scene I believe the robbers were in the house for a very brief period of time. The siren likely sounded while the robbery occurred so they likely concluded the police would arrive soon. I believe the police likely would not have caught the thieves.

    The offer from the alarm company just does not seem adequate, however. My question is: What is fair and appropriate compensation from the security company for not monitoring my house despite a contract and up to date payments and a break-in resulting in $30K loss?

    submitted by /u/EquivalentArmy6
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    Ex filed bankruptcy

    Posted: 27 Jan 2020 08:47 AM PST

    Hi my ex and I finalized our divorce 4/2019 in Texas. He filed for chapter 7 bankruptcy 11/2019. He did not include our divorce decree in his filing and is surrendering our house that i won 100% in divorce decree. He also did not state he owed me partial retirement funds in his filing. I also noticed he is claiming our children as dependents living with him solely and not including his man toys as assets.

    My question is, do I have to get counsel of my own to file an adversary complaint or can i go direct to the trustee to bring up my concerns. Our house is the only asset he is surrendering to cancel all his debt.

    *additional information-I do pay for the house completely and the house is currently with no missed payments. I have been reading if he doesn't include a debt in his bankruptcy (retirement funds owed to me), that he will still be liable after his bankruptcy.

    Any and all feedback/recommendations are greatly appreciated.

    submitted by /u/pinklpzs
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    I'm being sued for copyright infringement for images I don't even own.

    Posted: 27 Jan 2020 09:21 PM PST

    UT

    A photographer has filed a copyright infringement against me siting that I used their images to create and sell my artwork. My artwork is composed of photographs that I have taken. I have never used any photographs outside of my own to create my artwork. In the complaint the Photographer has listed images of "mine" they believe are infringing their rights, however around 50% of the images listed in the complaint are not even owned by me but by other photographers and my previous employer.

    The Photographers Lawyer admitted to me that they are suing me to gain information about my previous employer so that they can file a lawsuit against them. They also want me to Cease and Desist all artwork they deem to be infringing. They have said they have no interest in taking my case to trial. The Photographers Lawyer is also a relative of the Photographer and is to my belief is doing this case Pro-Bono.

    The lawsuit has made a mark on my reputation, sales and client relationships. I also don't want to have to "destroy" my past artwork to settle in this case that I clearly cannot afford.

    Can the photographer get away with filing a lawsuit against me with incredibly false information and allegations? Can my artwork be found to be a copyright infringement even though I own the copyright to my work? I appreciate any helpful thoughts on the matter.

    submitted by /u/ThrowawayUT12349876
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    Friend’s HOA wrongfully towed my car from a visitor spot. Reason for towing was “resident in visitor parking”

    Posted: 27 Jan 2020 11:37 AM PST

    UT

    I was visiting a friend's place this weekend. Parked on Friday night in a visitor's spot. Saturday afternoon I went to get something from my car....nothing was on my windshield at the time. On Sunday morning when I went to get my car, it was gone.

    (I have never parked in a visitor's spot in the complex before. When I visit this friend, we usually meet in another place outside the complex since there is rarely open visitor spots.)

    My friend gave me the number of the towing company to check that first. My car was towed at 9:48 Sunday morning.

    I went and picked my car up at the towing yard and paid the $300 fee. On my windshield there was a pink slip that had "reason for towing: resident in visitor parking". The slip said that residents cannot park in visitor parking and that visitors can only park in visitor parking for 7 days in a row. I was a visitor, and I had only been parked in the spot for two nights.

    I emailed my friends HOA letting them know that I was wrongfully towed and that I expected to be reimbursed in full for the wrongful towing.

    They emailed back saying what they consider a "resident". Although I do visit this friend on a fairly regular basis, I do not meet what they consider a "resident". I asked for documentation for why and how they considered my car to be a resident car and towed without notice.

    They have not responded....

    What can I do from here? Is it worth pressing this issue and possibly taking it to small claims court?

    submitted by /u/thisducktho
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    Landscapers hired to collect yard waste on a large property, dumped it into neighboring wooded area instead. Long Island NY

    Posted: 27 Jan 2020 08:12 PM PST

    Nassau County. I checked the town waste disposal ordinance, and from what I see it looks like the dumping was unlawful. The contractor told my husband on the estimation visit that all the waste would be carted away, but they instead used machinery to push the leaves into mounds about a dozen or so feet into the woods bordering our back yard and carried several loads of fallen trunks/large branches that were thrown into a pile and left. They loaded a few bundles onto the truck when husband complained, but a small fraction of what remains there, and they quickly left after.

    When husband raised the issue again upon payment, he was told it's just the way they do it in this neighborhood and he'd be lucky to find a contractor who'd actually haul that volume of waste away for the price we were given.

    My questions now are: given that they were paid in full for the work done (which I disagreed they should have been until the job was completed as specified beforehand), do they have any obligation to undo the dumping and haul away the waste sitting just outside the property border? Can we be held liable for any infractions of environmental ordinances, since the waste is sourced from our property? Should they be reported to the town, or am I overworrying over a non-issue that would be best let go? Thanks for any advice.

    submitted by /u/saritymartina
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    Paternity Test

    Posted: 27 Jan 2020 06:51 PM PST

    I come to Reddit to inquire about paternity test information. Long story short, I may have a daughter that's 8yrs old that I was never aware of. If true I would feel absolutely horrible. I've attempted several times to contact the mother and set up multiple dates so we can get a cheek swab done for an over the counter test I bought. Every single time she ups and bails and gives me a BS excuse. I'm done playing games and just want closure if I am the father or not. It's also affecting my current relationship. A previous guy took the test and claimed he was not the father and just went around telling all my friends and my GF about this and how I should step up. The thing is Everytime I reach out to the mother, she plays games. I'm seeking information on what are my available options to take her to court. I don't know where she lives, but I have her active phone number and her Facebook profile. I reside in PA. Phila, PA to be exact. Any and all information would be greatly appreciated.

    submitted by /u/StuckLikeChuck9
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    In indiana. Is it legal for potential employers to ask if I’ve claimed unemployment benefits in the past?

    Posted: 27 Jan 2020 12:05 PM PST

    I have been on unemployment for 28 weeks so it just ended. And just finished filling out an application that asks "have you filed for unemployment and received unemployment benefits"

    I was bit surprised because the advice I was given by an HR manager who now works for the state was "if any employer asks, you weren't on unemployment. And they can't ask"

    I've had a lot of applications that ask "have you been unemployed for 27 weeks or longer" which is clearly just a go around if directly asking. But this application blatantly asks "have you claimed unemployment"

    I've been trying to get a job for 28 weeks for crying out loud, now that it's past 28 weeks makes it look like I'm just trying to milk employees for unemployment which is not the case. My past job I was fired for really idiotic reasons and minimal jobs in this area so I kind of had to go for unemployment. But now it's like having claimed unemployment screws me out of a potential job because I have to be honest on this applications. Or maybe I don't? Idk, that's why I'm here lol legally if employers ask me what the heck am I supposed to say, cause clearly they arnt to keen on hiring people who have claimed unemployment

    submitted by /u/bandeeznuts
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    Former occupants of my apartment are hiding from some legal responsibilities and using my address to do so [AZ, USA]

    Posted: 27 Jan 2020 09:20 AM PST

    I've been living in my apartment for almost two years now. Apparently, the folks who lived here before I did are hiding from something - I'm assuming a civil matter, as I've not had any cops come busting down the door (yet).

    When I first moved in, I would occasionally get a few pieces of mail addressed to them. I didn't pay much attention to them, just figured mail forwarding hadn't kicked in yet. I would just block out the address/barcode, write "return to sender - no longer at address" on them, and put them back in the mailbox. That was that.

    Several months after I moved in, a man came to my door one evening looking for these people in an attempt to serve them with something. I told the man I recently moved into the apartment and didn't know of anyone by that name, sorry. He asked me how long I'd been living there and if I was sure I didn't know anyone by that name. I reiterated that I did not know the people he was looking for and eventually he went on his way, disappointed.

    Since then, I have continued to receive mail addressed to these people. Bills. Collections notices. Letters from various attorneys. Letters from the local justice court. I have had FedEx attempt to deliver a certified letter. Every single time, I block out everything and write RTS/no longer at this address. I have a placard in my mailbox with my name on it, so the postal carrier knows to deliver only mail addressed to me. And yet they still come. Today, I've received yet another letter from one of the law offices, this time with "ADDRESS CORRECTION REQUESTED DO NOT FORWARD" printed above the address line.

    It's pretty obvious that whoever lived here before I did knew something was coming for them and decided to not update their address so they could pretend whatever legal problems they have do not exist. Is there anything I can do on my end to put an end to this? I realize in the grand scheme of life this is a minor inconvenience, but I'd really prefer to not have my address wrapped up in someone else's legal business.

    submitted by /u/jen_eliz
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    Owner of Bar I Ran Sound for was Foreclosed on. Personal Possessions Were Sold by Bank Along With Property. Recourse?

    Posted: 27 Jan 2020 12:51 PM PST

    Tennessee: For the last few years, I was the regular audio engineer for a shitty little redneck bar. As they did not have hardly anything and the owner being a friend of a friend, I had used my own gear, and stupidly left the lights, cables, and stands there between shows. The shows started drying up, and the owner started talking about selling it, but continued to book shows and ask me to work them. Having realized it had been a couple weeks since they'd contacted me, I decided to message them about getting my stuff. They messaged back 'who is this?'. I said who I was and that I was needing to get my gear. No response. Pissed off, I headed there to go get my stuff. I arrive, see a no trespassing sign, a padlock, a number to call, and some shitkids breaking in. I called the number this morning, and the new owner said he bought it from the bank after a foreclosure, with everything inside. The person said to show a UCC, and that he now owns everything inside. This is about $2000 of my audio gear I'd like to get back. I don't have a damn clue what to do next, as I've never had someone steal from me. I have invoices and credit card histories for some of the gear, but never saved serial numbers. What do?

    submitted by /u/legalthrowaway5552
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    Do I have to send back items I received under a price mistake?

    Posted: 27 Jan 2020 09:11 PM PST

    I ordered around $3800 of products for only $180 because of a pricing mistake made by a medium-sized online home improvement retailer. They delivered all of my merchandise and are now demanding that I return all of the items I received to get a refund because they made a pricing mistake. Do I have to return the items and could I be liable for unjust enrichment if I don't return the items?

    Location: NJ

    submitted by /u/thermalconnection
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    (TX) Toilet and bathtub have been belching raw sewage into my apartment for the better part of a month now

    Posted: 27 Jan 2020 06:37 AM PST

    Starting Jan. 16, there have now been six instances of sewage backing up into my apartment, up through my bathtub drain, or bubbling out of my toilet and all over the bathroom floor. I have pictures. It's nasty.

    Every time it happens, we call the Emergency Maintenance line, and only once was anyone ever sent out, and then only to shrug and tell me "The plumber won't be available til 8 AM tomorrow."

    We've had to go the better part of January unable to take a shower or crap in our own house. In the morning (or a couple days later) a plumber will show up, go outside and mess with something with hoses and a truck, and the toilet and bathtub are working again (though leaving behind a bunch of Brown Nasty I have to clean up).

    Then a couple days later, it happens again. Brown water bubbling into my bathtub, nasty water from my toilet all over the floor.

    Right now I'm waiting for the office to open, even though they were supposed to open 36 minutes ago, so I can go in and talk to someone directly. What sort of legal rights do I have in a situation like this? I know I'm poor and I'm not expecting to be able to live in the Taj Mahal, but sewage backing into my apartment is kind of where I draw the line.

    submitted by /u/ryannefromTX
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    College paid by my parents

    Posted: 27 Jan 2020 10:06 AM PST

    So my parents have been taking my checks away since I was 19. I'm 23 now. My mom paid $40K for my schooling. So I'm just wondering if I have to pay her back for that because shes taken my checks for 4 years. Located in NJ.

    submitted by /u/pancakesxo44
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    UPS charging me 10X what I paid to ship a package 1 year later

    Posted: 27 Jan 2020 08:44 PM PST

    Ok, stick with me here, going to try to keep this as short as possible. I guess I cant post a picture here but I also posted this with the picture of the invoice in /legal if you want to look at that. Sorry if the double post is frowned upon, just wanted to reach a wider audience here while being able to see the invoice.

    Feb 16th 2019 I went into a UPS store location (Blanding Ave.) and inquired about sending a rather large package. They informed me that Freight shipping would be the fastest and cheapest way to do it. Great! I went home, packed it all up (it was a subaru FA20 engine that I was having a company called IAG build in Maryland). I brought the package in, they measured it and did whatever they needed to, and gave me the price of $340.56. This was about what I expected to pay so I said ok, paid with my credit card and left the package. The UPS store then kept my package sitting in the corner for over a month while they "waited for a freight pickup date". I later found out this was bogus and they are just a terrible UPS store. That is not even important to this situation. The engine made it to IAG, they built it, put it in a wood crate, sent it back to me, and it has since been sold to a new owner.

    Fast forward to today 1/27/20 almost a year later. I wake up this morning to a missed call and email from someone claiming to be from a UPS collections office with the attached invoice attached to the email. At first glance I shrugged it off as a scam. Then I started looking at it and noticed it was the package I had shipped to IAG almost a year ago, now with an incurred balance of $3,309.77. To make sure this was actually from UPS I called UPS freight directly and sure enough my personal UPS account has an overdue balance of this amount. I then went through about 6 people on the phone including the original caller trying to get more information about why they were billing this to me and what these charges were for. I was able to get very little useful information. Everyone I talked to seemed to be sitting in a giant warehouse in India. From what I can gather, UPS freight thinks that the UPS store location undercharged me by 3 grand and now wants me to make up the difference. No one ever told me that there may be extra charges added later or anything like that. The only paperwork I signed was the slip they give you at UPS to confirm addresses and insurance amounts. I unfortunately don't have any documentation anymore other than the $340 on my credit statement. Like anyone else would do, I tossed the paperwork as soon as the package made it to its location, never imagining I would get a bill a year later. They also claim that they have been trying to contact me to settle this and now it is going to get sent to collections. I am very on top of my mail, email, finances etc. and have heard nothing until today making me think they have been trying to reach the UPS location and failed so are now coming after me for this money. They asked me what my billing address is, I told them, and they said so what is the Blanding Ave. address? To which I responded, "you don't know that that is a UPS store??" "Do you think I own or work at that store?" I have 0 affiliation with UPS and feel like I am being targeted unfairly. Maybe the UPS store originally charged me wrong and it should have been more expensive but there is absolutely no way it should have been $3300. Even if that was correct, the error was on behalf of UPS and I can not be held responsible for their mistake. I have shipped plenty of heavy stuff in my day and for $3300 you can ship a house across the country. I shipped a car from NY to CA a few years ago and it only cost $1700, so where they get that number is a mystery. Not only that but there is no mention of the payment I made at the store on this invoice.

    I tried my best to keep this short but wanted to give a good idea of my situation and the events leading up to this insanity. If anyone has any advice on where to go from here, or has any contacts at UPS that may be able to help I would greatly appreciate it. Obviously my goal here is to not pay any of this bill. I don't even own the motor anymore and it surely was never worth a $3300 shipping bill. needless to say if anyone had mentioned anything about possibly paying thousands of dollars instead of or in addition to the $340 I would have run away as fast as possible and probably just paid a bit extra to ship it UPS ground or USPS.

    submitted by /u/dblum425
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    Security deposit scandal

    Posted: 27 Jan 2020 09:27 PM PST

    Hi all,

    First time posting here. Here's the gist of it — my roommate and I recently moved out of an apartment complex in Texas and never heard back from them about our security deposit. This is a big deal because the security deposit was $2.5k... one months rent worth. Four months later, I decided to reach out and ask about it.

    They responded back saying our security deposit was $350 according to their files! They also added they are adding a $250 fine for late charges on overdue rent that we already paid. Our contract said we could go day-to-day and we paid up until the day we handed in our keys. They say now that we had to pay until the end of the month without giving us notice.

    It is a whole mess and I'm wondering what to do.

    The lady who said we owe $800 also said they would be taking us to small claims court if we do not concur soon in the very first email she sent detailing everything. I responded back with a screenshot of the lease agreement saying we paid $2500 instead of $350 and she has not responded. That was two weeks ago. I have since emailed once more asking for an update with no reply.

    The lease we signed also said we can't take legal action against them but I'm wondering if that's true.

    Help!!

    submitted by /u/alteredrenewal
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    Bought a car from used car dealer, then they shut down two days later and now I have no title

    Posted: 27 Jan 2020 09:58 AM PST

    First of all thanks for everyone for any insight, and also I'm keeping the post as vague as possible (including burner account) and will only identify the state (MA)

    My tale of woe:

    Earlier this month I went to buy a car from a used car dealer in town, took the car for a test drive, I know a bit about cars and it looked and felt legit. Paid $3800 cash for the car, and while I was signing the paperwork, the dealer said he buys cars in bulk at auction and sometimes it can take a week or two for the title to come in. The car had been on the lot (and listed online) for about 10 days at that point and since it was a licensed used car dealer I took the guy for his word. Also should be noted that in MA you can buy a used car and throw your old plates on it with a grace period of 7 days to get the title and insurance transferred. Several days later I showed up at the lot and it was cleared out and the office empty. I called up the guy and he said they were switching inventory and he would be back the following Monday (three days later) and have the title for me.

    At this point I became concerned and went to the town hall and found out his license to sell used cars had been revoked Dec 31st (several days before I bought the car). The car also started to vibrate at certain RPMs which suggests a bad CV axle (which should be warranted under the sale contract for 30 days). I was lucky to have access to another car (not the same registration or plates) so I informed him of my concerns and he assured me he did nothing wrong in liquidating his inventory after his license was revoked (all of this is by text message so I have a record). He then told me he would either have the title or refund me the following Tuesday (last week), and of course nothing came of it. He then informed me that his FLOOR financing company was having issues, and gave me their name. Upon calling them last week, they were well aware of the dealer and his issues, and recommended I go after his dealer bond. I then informed him of the situation and he assured me he would have my title today, which of course now he says may take a little longer.

    I am now stuck with a car with no title and that has mechanical issues that should be covered under state law warranty but since the dealership is no longer in existence I don't know where to go from here. In addition to small claims, was it illegal to sell a car when the dealer was not in possession of the title, as well as having a revoked license to sell used cars? Honestly I feel like an idiot for being taken advantage of and not seeing the red flags up front but I am now stuck.

    Once again thanks for any advice you can give me on how to resolve this.

    submitted by /u/randomando8675309
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