• Breaking News

    Tuesday, February 4, 2020

    Legal Advice - Hi, I’m Kimberly Robinson, a Supreme Court reporter. AMA!

    Legal Advice - Hi, I’m Kimberly Robinson, a Supreme Court reporter. AMA!


    Hi, I’m Kimberly Robinson, a Supreme Court reporter. AMA!

    Posted: 04 Feb 2020 09:01 AM PST

    I report for Bloomberg Law on cases at the Supreme Court, following the cases through orders and oral arguments, all the way to decision days. I also keep track of the justices and what they're up to around Washington, D.C. I've been a reporter with Bloomberg Law for the past seven years, where I've covered hot-button issues like abortion, affirmative action, and LGBT rights. Before that, I worked as an associate at Morrison & Foerster LLP.

    I did an AMA before First Monday, and I'm back to do a mid-term look back and look forward to what's to come in the term. What do you want to know?

    Proof of life: https://aboutblaw.com/OCS

    Logging off now guys! Thanks so much for all of your questions. As always, you can find me and my work on Twitter @Kimberly_Robinsn (https://twitter.com/KimberlyRobinsn).

    submitted by /u/bloomberglaw
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    My city is trying to give me points on my license for skateboarding! Representing myself in court? Help!

    Posted: 04 Feb 2020 07:28 AM PST

    Hi, I'm new to this sub so please excuse me if I'm sloppy here.

    I was riding my electric skateboard down the main street of my town. When I stopped at a red light a "micro-mobility enforcement officer". Essentially a bike cob that can only write tickets. He pulls up behind me and summons for 190-69a and claims I ran a red light about half a mile back on the main street. I don't remember if I did. When I did research I saw that the fine would only be $20+ court fee. I was going to plead guilty, pay, and get on with my life. When I arrived in court and spoke to the prosecutor she told me this would result in points on my license. It was then I brought up the fact that the wording of the ordinance specifically and exclusively refers to "scooters". She then left and came back 2 minutes later. I was told to request to have the officer present for questioning I think. The prosecutor said that I need to ask the officer what I was riding when he pulled me over and that if he says "skateboard" that I'm home free.

    LOCATION: Hoboken, NJ, USA

    Should I follow her advice?

    How do I represent myself in court?

    Is it worth hiring a lawyer? (prosecutor said no when I asked)

    The court date is Feb 11th

    submitted by /u/darkrad3r
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    Today I reported illegal and unethical behavior at my company, Also today I got fired for an unspecified reason [Oregon]

    Posted: 04 Feb 2020 04:38 PM PST

    The director of Internal Audit rushed me into work today to talk about the answers I gave on a recent Internal Audit Ethics Questionnaire .

    I had previously reported that my boss was violating OR. REV. STAT. Ann. §§ 165.535, 165.540 by secretly recording our CEO during a private in person meeting. He never asked if it was OK and I didn't know he recorded the conversation until afterwords. I also reported that our support team has been secretly recording room and Online audio by way of skype, microsoft teams, and Zoom conferencing software.

    Ever since making those reports, the people I named (including my boss) have been hostile towards me, and my boss even put me on a vaguely worded preformance plan. I have since reported 2 other employees for harassing me and even had coworkers asking me why they were so hostile.

    I have been working closely with internal audit recently and last night the Director of Internal Audit wanted to speak to me ASAP about a recent ethic questionnaire.

    This morning I go in and she asks me why I said i didn't feel comfortable reporting an ethics violation at work. I told her what violations I've reported and who was involved and said that I was the only person who could know these events occurred, so I would be singled out as the whitleblower. Also that it was my boss who broke the law, so fear of retribution was real.

    She understood my fears and assured me that nobody would know I was the one who reported this and it would be anonymous...

    5 Hours later i'm sitting at my bosses desk with the HR rep i reported the ethics complaint to and I'm being told that this is my last day of employment. I ask for specifics and receive none. I ask for information on who to contact for legal questions and I'm only given a name.

    I've reached out to the Oregon state bar for a referral and have a whistle-blower protection packet coming in the mail.

    Anything else i can do?

    submitted by /u/BaconRaven
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    UPDATE Mail scammers are using my business address

    Posted: 04 Feb 2020 12:36 PM PST

    I didn't get many replies to my last post but still thought I'd post an update since I finally got some official attention.

    Two secret service agents showed up at my business investigating this issue a few days ago. They thought I had been assisting the scammers by letting them use my address. They're now working with USPS to figure out who is running the scam. I never thought to report to Secret Service, but they say it falls under their jurisdiction since the scammers are using fake checks.

    Location: Nevada, USA

    submitted by /u/qualitylamps
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    Kids threw a block of ice at my car

    Posted: 04 Feb 2020 07:06 AM PST

    Edit: This is in PA

    January 20th I was driving down a residential road past a house where three boys about aged 10/11 were playing at the end of the driveway. One grabbed a sizeable block of ice and hurled it into the side of my car as I passed. I stopped and the boy who threw it was profusely apologizing. I rang the doorbell, mom comes out, and I tell her what happened. She says, boys, "come inside"! And then, "which one did it?" I told her, he admitted that he did it. Then, she closed the door.

    I live about 3 min away so I drove home and had my neighbor look at my car with me. There are 3 dents where the block of ice hit. I just bought this car certified pre-owned and had only made one payment at this time so I know for a fact that the damage is from the block of ice. I drove back to the house and said hey look, my car is damaged so I'd like to exchange info so I can get this fixed. She said, 1) how can you be sure that it's from them? and 2) a little snow doesn't do that much damage. I explained again that it was a block of ice. She told me to call the police.

    Police come, he takes it very seriously and lectures both the boys and the parents about how dangerous that is and asks me if I want citations issued for the boys. I say no, I just want my car fixed. He tells them they are lucky that's all I want, agrees to write the police report. The mother gives her side, lies to the police and tells them her kid's friend who is no longer present is the one who threw the ice. It was actually her younger son. I didn't correct her because I was so shocked and confused and the other boy wasn't there at the time. Over the next two days, I go get an estimate for the repair ($1327) and a copy of the police report. The officer asks me to try to resolve it with them and if I'm unable to do that, to let him know and he'll circle back and issue citations to compel them to pay restitution.

    At this point, the parents are not returning my calls so I'm just wondering what comes next. I expect this will land in small claims court because the parents seem positioned to ignore and then say that I can't prove anything, plus they are placing blame on the boys' friend who won't speak to the police. Will the violations actually be enough to draw restitution so I can avoid court? If not, and I end up in court, what is the likelihood that the judge will side with them and say I can't prove the damage is specifically from the ice, even though the police report indicates that the parents and boys admit to it happening?

    submitted by /u/oakspecka
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    Neighbors built their backyard out into my woods. Camden County Missouri

    Posted: 04 Feb 2020 08:45 AM PST

    While I wasn't home some neighbors built their backyard way out onto my property. Leveled the ground, ripped out all the natural vegetation. Took out some amaller trees. Moved a bunch of rocks. Etc.

    Taking a guess I'd say it's around 1000 square feet of my property but I'd have to get out my Plat map to make sure of how much exactly.

    I'm not a fan of walking out of my house and seeing their backyard instead of my woods.

    What all will I need/be able to do about this?thanks.

    submitted by /u/ColeSloth
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    Seattle WA area HOA/Corona Virus

    Posted: 04 Feb 2020 01:36 PM PST

    My wife traveled to China in early December due to the death of her father. She returned to the USA this most recent Sunday the 2nd of February early in the morning. She was in an area of china very far away from Wuhan and for the past two weeks she stayed at home the entire time she was in china.

    When leaving she went through a temperature screening at the airport there and nothing else was required of her health wise at Seatac. There are no govt mandated quarantines in any way at the moment. She decided she would stay home for two weeks anyways just to be safe but realistically the chance of having any dangerous virus is probably lower than catching the flu.

    Only one neighbor of mine knew my wife was out of town in any ways and I told them when she would be returning. On Monday the 3rd, A property manager with our HOA condo's came to our door while I was at work and yelled at my wife telling her she can't be here and has to leave because she went to china. This morning posted all around only our condo unit was flyers saying that a person in unit xxx has returned from china and was under Corona virus quarantine and is very dangerous and you should avoid them.

    This type of posting is intentionally ostracizing my wife and making her feel unwelcome to even be here, especially after suffering such a family hardship. These HOA people have no idea where she even was in china nor did they talk to us about anything, they just immediately considered her a threat and are trying to impose some sort of quarantine on her.

    Would love to hear options to explore how to deal with them. So far I have called the local PD to get a case report about possible civil rights housing violations as they are impeding on her ability to live here based on her national origin/race

    submitted by /u/gildar
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    Parents forged my brother's name on their lease. He wants to move in with me, parents are saying he's legally obligated to their place until lease is up in a year.

    Posted: 04 Feb 2020 07:07 AM PST

    [Edit: We're in SW Florida, US! Sorry, first time posting here.]

    My dad sent in a group chat between me, brother, sister, mom, and him ofc, that he wants us all to grow up and move out but my brother is obligated to stay and help with the finances because he is on the lease.

    Brother said he didn't sign anything.

    Mom says she signed for him.

    Dad said if brother leaves and Dad gets booted from place they're in, it'll look bad on brothers rental history.

    What can we do about this?

    Brother wants to move in with me and mine, we're moving on Friday.

    submitted by /u/MommyMarie27
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    Friend [17F] is physically abused and afraid of her mom to the point of refusing to go to court in case she tries to kill her

    Posted: 04 Feb 2020 06:04 PM PST

    [Pennsylvania, USA]

    My friend is regularly abused physically and verbally by her mother and is frequently missing school because the mother doesn't want people to see the bruises and marks it leaves behind. The friend also struggles with asthma, depression, anxiety, and other afflictions that undoubtedly directly result from her mom. She has gone to the ER over some of these injuries including a fractured rib, which she and her mom explain away by saying "she's a cheerleader" or "she gets bad nightmares and she does it to herself." I dont believe either of those excuses (which she still gives me occasionally even after telling me about the abuse).

    I have asked why she doesnt want to go to court about it and she says she doesn't want to go to court again (she already had to go through it to get adopted by the abusive mother) and she also only has a few months until she can just leave for college and be done with it. The biggest reason she doesnt want anything done is because she's afraid that if she tries to get another adult involved then her mom might actually try to kill her.

    I don't think I'm ok with just keeping this a secret all the way until August. I want somebody to know but I also value this friends overall health. If she goes through court again it might cause permanent trauma. Her mom might permanently injure her in some way, physically and/or mentally. I'm worried that if I do betray her trust and tell somebody she'll put up mental walls and never trust anybody with her personal life information again, which is something that may as well be fatal for somebody with depression and anxiety of her severity.

    My parents are loving, caring, supportive people and have said that they're perfectly fine housing her until she leaves for college if need be. There are so many other things involved with this that I don't have the time to go into and if she even finds out I made this post it might be the end of her trust in me but I need to know if there's anything I can do to effectively change the circumstances without hurting her or putting her at risk. Please help me

    submitted by /u/This_will_take_time
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    My landlord texted me that the city bought the house I rent and I have two weeks to get out.

    Posted: 04 Feb 2020 05:35 AM PST

    Hi r/legaladvice. I need some help. Like the title says, my landlord sent me a text message today saying that the city bought the house I rent and I have to be out by not this weekend but next. I live in Indiana. I HAVE NOT BEEN ON THE LEASE FOR AWHILE. He has told me before that he was going to sell the house to the city, which is why he hasn't allowed me to sign a new lease. So I have been paying him $700 a month and he's been giving me paper receipts.

    He has told me before I had x amount of time to get out, in which time I put in applications for other houses, then he told me that the city backed down and I had more time. So I started to relax a bit. A couple months went by and he told me the city is picking it back up again and to get ready to move. So I again started looking for a new place to live. Then about two weeks ago he told me that they backed out again and I had a couple more months. That was about two weeks ago and he just sent me a text today telling me I have two weeks to get out.

     

    I couldn't move into a new place in two weeks no matter how bad I want to. So what I would like to know is, is there anything I can do? Do I have to be out in two weeks? What happens if I need a month to move? Is that possible?

     

    Thank you so much reading my post and helping me out.

    submitted by /u/LeviTheColdest
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    My mom claimed me as a dependent and my e-file got rejected. What do I do?

    Posted: 04 Feb 2020 04:22 PM PST

    Info: she's in Florida I'm in Pennsylvania. I'm not a dependent and I work full time in an entirely different state. I don't want her to get in trouble but I need to know what to do next.

    submitted by /u/D56pside
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    My manager wants me to do something dishonest (TX)

    Posted: 04 Feb 2020 06:53 AM PST

    I work for a fast food place, they have 5 sizes of drinks, each labeled on the menu with prices; junior, small, medium, large, and 44oz. My manager is telling everyone that if a customer asks for a large drink, we are supposed to put down their order for a 44oz drink without telling the customer. I have been reluctant to follow this rule because it seems dishonest to me, so instead, if a customer asked for a large, I would ask a follow up question "would you like a 32oz or a 44oz drink? However, this has gotten me in trouble with my manager. I was wondering if there is a law about what they are asking me to do. We are giving the customer what they paid for, but not necessarily what they asked for.

    submitted by /u/origamiscienceguy
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    Wrestling with my kid (4) and I tossed her on the bed and her knee gave her a black eye. She told her teacher today that "I hit her". Wife and I are scared of the repercussions. Should I be worried?

    Posted: 04 Feb 2020 08:35 AM PST

    She told her teacher that today and I've heard some bad stories from friends. I'd hate to over-react over this accident. Do I just need to sit tight and see what the school says/does?

    submitted by /u/nagewaza
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    [CO] Business was stealing my photos, I used their own algorithm to flood their Facebook page with pornography.

    Posted: 04 Feb 2020 09:43 PM PST

    Both myself and the business who stole my photos are located in Colorado, specifically the Boulder area. Also I apologize if algorithm isn't the right word, I'm not super tech savvy.

    I found a business who was stealing my (former professional, now part-time freelance photographer) photos from my Instagram page, for their Facebook page. I reached out numerous times, but never with a lawyer, and they always promised to remove my photos and to ensure it didn't happen again. This has been going on for about 6 months.

    Looking through my photos and the photos on their page, I realized they're using an algorithm or program of some sort to automatically download Instagram photos with a specific combination of hashtags, and to automatically post them on their Facebook page (without credit, if that's relevant). Over the weekend I had the idea to use a bunch of bogus Instagram accounts over the course of a couple days to upload a large number of softcore and hardcore pornography pics to Instagram, with the specific combination of hashtags. Most got removed almost immediately by Instagram, but at least 10 of these pictures were picked up by their program and uploaded to their Facebook page.

    I've since been messaged by the company on my Instagram (I assume they're assuming I had something to do with it since I've been regularly sending them takedown letters), threatening to sue me for loss of revenue, the spreading of lewd material, and the sabotage of a business.

    No actual lawyer has reached out to me, and I haven't replied to their message, nor do I intend to.

    1: Have I broken any laws? 2: If contacted by a lawyer, what kind of lawyer do I need to get?

    Thanks.

    submitted by /u/votebooster
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    Estranged mom signed me up for health insurance without my consent. What do I do?

    Posted: 04 Feb 2020 12:46 PM PST

    Edit: I live in Missouri, 21F and recently became financially independent from my parents

    In attempt to renew her insurance with me on the plan (like I have been for years), my estranged mother "accidentally" signed me up for my own insurance plan without my consent. She claims the insurance company did this themselves because I am no longer a full time student, I have no idea if this is true or not. This week, she forwarded me two bills in the mail, two months worth of payments and a late fee (totaling about $700 that I absolutely cannot afford.) She claims she can't cancel it because the insurance is in my name and she says she's not responsible for paying it either. My question is, has she committed some kind of fraud/identity theft by signing me up for something in my name without my consent and sticking me with bills I had no knowledge of? How can I be legally responsible for something I did not sign up for? How can and should I proceed?

    submitted by /u/Peach_MacabreLer
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    What happens to my son if I die?

    Posted: 04 Feb 2020 05:19 PM PST

    My ex and I share time with my son. 3 days each, and a neutral day at her parents until I get off work. She recently told me if I died my family would never see my son anymore. My aunt raised me since I was 14 after my mother passed and that's my son's Nana. What can I do so Nana gets some rights with my son? Edit: Forgot state. Illinois lol

    submitted by /u/vaquerodelacocaina
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    I've been under payed for the last 7 months now the company is trying to get out of paying over half

    Posted: 04 Feb 2020 05:57 AM PST

    So I work for a traveling union and bounce state to state for work. It has recently come to my attention that because I'm working in a city with a "city local" and not our "state local" that I'm entitled to be paid what they make (almost $20 more an hour over the last 7 months) the union gives me 100 dollars a day for living expenses just for being out of town. Now that this has come up, the company is telling me that they will honor the raise but because the city states nothing about travel they are going to deduct the 13,000 in sub pay that I was given. My question are:

    1. Can they cut sub some directly from wages when I was not aware sub wasnt an option before I started this job?

    2. What does that mean for taxs? Do I now get to write off all perdiem expenses from last year even though they arent cutting it until this year?

    3. Should I be mad?? Because i am.

    [PA]

    submitted by /u/gurkkie
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    Can my deceased husband's ex sue me for fraudulent transfer?

    Posted: 04 Feb 2020 05:34 PM PST

    My husband of 25 years passed away last year. He paid permanent alimony to his first wife. The decree also gave her "the right to make a claim against his estate" for a sum equal to what she would've regularly received based on her projected life expectancy at the time of his death. He owned and operated a local restaurant that had been very successful at one time, but was in dire straits due to poor management in the years leading up to his death. Suppliers had cut off credit, updates and repairs were needed to keep up to code, and the business was on the verge of bankruptcy. I loaned money to bail out the business and it used my line of credit to operate on when the business's credit ran out. I eventually took over as manager. My husband signed ownership of the business over to me at this time, but remained co-manager and drew his same salary and paid all his bills/alimony on time. The transfer was done openly, by a lawyer, and all employees/banks/vendors were made aware of the new ownership. We made many updates and renovations, and turned things around. Business picked up, and is doing well.

    My husband died unexpectedly of a brain tumor a year after the transfer of the business into my name. He had no debts, but little savings left and few probate assets in his name (medical expenses were enormous). The ex is now coming after me, claiming fraudulent transfer. She intends to liquidate the business and sell the building and property (the business itself is of far less value than the physical property due to the historical building and location). She contacted me demanding the money, but the amount she can claim based on the divorce decree is equal to over three years salary for me. I'm terrified. This business is my livelihood and the employees are like family, some have worked there for decades. Can she do this? No suit has been filed yet, but she assured me it is coming.

    More context: My husband left no debts. We have never been delinquent on ANY of our bills, from credit card payments to his monthly alimony or medical bills. When things got tight, we went without to meet obligations. My credit rating is excellent, and his was good also. Everything was paid in full, on time. During periods through the years when his business was slow, I paid his monthly alimony from my savings or wages so he wouldn't be in arrears. He was a very honorable man. His illness was unknown at the time of transfer, and when it was discovered, the doctors gave him several more years to live. The tumor just turned out to be unusually aggressive. His doctors and medical records can attest to that. As for the paper trails of business matters, everything is just as I've told it. There are records and tax returns and accounting to back up everything. I just want to know, assuming that everything I've said is true and accurate, what I may be facing if this claim is pursued. I am an honest person, and my dealings were honest, but as you surely know, that doesn't always provide protection in the law.

    My attorney told me I can do nothing but wait. I feel so helpless and afraid. Many thanks in advance anyone who takes the time to offer their insight.

    submitted by /u/Talia52
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    Just kicked out a freeloading junkie and she left a bag here that had other people's social security and debit and credit cards. What do I do?

    Posted: 04 Feb 2020 04:24 AM PST

    So my roommate felt bad for someone that was in a tough spot and he let her crash at my place before we got tired of her taking advantage of us and after calling many different shelters and women's homes we couldn't find anything immediate so I told her to pack up and she called a friend, gave me an address and I dropped her off.

    Now, she left behind some bags of clothes and in one bag was about a dozen credit and debit cards, 6 of the debit cards, a driver's license and a social security card belonging to a single person.

    Do I just drop all this off at my local police station? I've already contacted the one person that I could confirm but how do I go to the police without it looking like I was the one that stole all this?

    Location, NC

    submitted by /u/PeeB4uGoToBed
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    I signed a contract to freelance for a company, after signing they tell me I have to use a program that gives them access to see my computer screen (not in the contract)

    Posted: 04 Feb 2020 07:04 PM PST

    (In California) I've been looking for a job and had a few interviews last week for a tech startup. I thought it was a salaried position, but at the last minute, literally when offering me the job, they told me it would be contract work 30-40 hours a week. I was annoyed but decided to go along with it. I signed the contract this morning which was pretty basic. It was an NDA, release from liability, and it states that I have to give 10 days notice before terminating the relationship with the company.

    Today I talked to my client, who throughout this process has been acting more like he's my boss, and he told me I have to use this app called Hubstaff when I'm working to clock my time. In addition to clocking my time, it takes 6 screenshots per hour of whatever I'm doing on my screen. I never would have agreed to this if it was in the contract. I use my computer for personal stuff plus other freelance jobs. My email has personal, other business, and medical related emails. My texts pop up on the corner of the screen. Not to mention your browsing history pops up as predictive text when you type in the browser. If this was a work provided computer and I was a salaried employee, I'd have no problem with it (even though it is still a bit creepy), but with a personal computer and being a contractor I think it's so out of line that they are telling me to do this.

    What is my recourse here?

    submitted by /u/orangepeel911
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    My phone was seized. Deleting online accounts? New phone, same number/apple ID?

    Posted: 04 Feb 2020 08:40 PM PST

    North Carolina, USA

    My phone was seized under a legal search warrant. They took a forensic photo of the phone and said they'd be taking the phone too.

    Can I delete online accounts that are logged into the phone? My reddit is logged in on the phone. I don't want any reddit notifications going to that phone. Can I delete the reddit account if they already have forensic images?

    Can I cancel the number and get a new phone with the same number? If I get an iPhone, can I log into the same Apple ID as the seized phone?

    submitted by /u/TAlegalphone332
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    Is it legal to explicitly talk about religion in school?

    Posted: 04 Feb 2020 02:00 PM PST

    Recently at my school we have started having sex ed which I know is very important but and that would be okay in most cases but she just went about in a very wrong way, she was wrong about so many things but that's a whole other debacle so we'll just focus on the main point. She was very focused on religion throughout her entire presentation and was talking about how it was sin to have sex before marriage and how sex before marriage was bad and god did not want it. Is it legal to do this?

    submitted by /u/MrSquigglyPickle
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    Car that I sold 2 years ago just got impounded

    Posted: 04 Feb 2020 05:52 PM PST

    My wife and I sold my MIL's car in Washington State in 2018 and unfortunately we never sent in a bill of sale to the DOL. This weekend my MIL got a notice that the car had been impounded and it was still in her name so they must have never transferred the title over. I ended up going to the DOL and calling the towing company and they all said there wasn't much we could do since we didn't have the guys name or address. So, I went to the towing company and transferred the title to them (the car was totaled and we also didn't have the keys so it would have cost more to get out of the lot than just signing it over) and paid the fines which was $700. However before I left I looked through the car and found a loan receipt that has the guys name, address and birthday on it. I looked him up on facebook and it's definitely him. So I'm trying to figure out there's anything I can do now that I have all his info.

    submitted by /u/shirtlessm
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    Once back child support is paid, will the state stop taking the tax return money from the person paying child support?

    Posted: 04 Feb 2020 05:50 PM PST

    A friend I know has a child from a previous relationship. One year he got behind on paying monthly payments; however started making monthly payments again and the state added on extra per month to try and catch up on the back owed support. It's my understanding that once that back child support is paid and if he keeps up to date with regular payments, the State can't keep taking his yearly tax return. Am I understanding that correctly?

    If I am, is that something that is automatically done. Or will he have to contact the state to tell them to take the monthly payment back down to normal?

    Thanks!!

    Edit: I'm from Kansas! And my friend is from Kansas as well!

    submitted by /u/charminultra23
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    Just got an automated call saying they're from the social security administration. Scam?

    Posted: 04 Feb 2020 03:12 PM PST

    So I got a call I am fairly sure is a scam. It was automated and said something about a criminal action about my social that was from an "officer" and they want me to call back. The area code is Iowa. What do I check or report for this?

    Massachusetts.

    submitted by /u/left_tenant
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