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    Saturday, September 19, 2020

    Legal Advice - My old gym permanently closed. Now I'm getting charges from another gym. Is this legal?

    Legal Advice - My old gym permanently closed. Now I'm getting charges from another gym. Is this legal?


    My old gym permanently closed. Now I'm getting charges from another gym. Is this legal?

    Posted: 19 Sep 2020 09:37 AM PDT

    I live in MA.

    After quarantine, my gym temporarily closed. During this time, the gym continued to charge me every month. They did update their site and say something to the effect of "we're going to keep charging you, you can cancel but please don't if you want to support us" yadayadayada. Since I didn't know how long it was going to remain closed and the gym was nice and convenient, I did not make a fuss about it. Eventually, when it was clear that the pandemic was still going to be a thing for the foreseeable future, they updated their site again, saying that they won't be charging members anymore until they opened again. I thought, okay awesome, I don't have to spend any time trying to cancel anything then.

    I think they may have opened for a bit again (not sure), but then ultimately, I drove past there and saw a sign saying they are finished indefinitely. The sign mentioned something about how we can redeem / have our membership honored at another nearby gym. They also updated their site with this notice. I did not think much of this, I figured I would actually have to go there to actually officially join this other gym before I would start getting charged.

    Well obviously I was wrong because I saw a charge for $70 from the nearby gym that I never agreed to join - and the charge was more than what I was paying at my old gym.

    So clearly what happened was that the owner of my old gym sold my credit card info to the other gym and the other gym took it upon themselves to sign me up as a member without asking me first.

    Can they do this?! Is this something I could reasonably demand a refund for or dispute with my credit card company? TBH, there aren't a ton of good close and convenient gyms around here so I would actually consider joining this other gym. But I do want to understand whether or not this is allowed so that when I talk to them and they inevitably say that they're within their rights to do this, then I can be informed in terms of whether or not they are BSing. So my questions are, based on this story, was it legitimate for my old gym to give my payment info to the new gym? Is it legitimate for the new gym to start charging me without asking me first?

    submitted by /u/Future-Creme-1642
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    Charged with a DUI while completely sober, & not given a field sobriety test or breathalyzer

    Posted: 19 Sep 2020 12:32 PM PDT

    This happened close to where I live in Atlanta GA (Fulton County City of ATL). I was driving down an extremely narrow street, & another car was coming down that street in the opposite direction. I steered over to avoid them. I misjudged the distance & very lightly bumped a parked car.

    I stopped, parked, & the owner of the car was in it so I proposed we call the police. Right then an officer drove by & we flagged him down.

    I have insurance, was sober, & extremely amicable about the accident.

    The officers wrote me 2 citations, 1 of which was for a DUI.

    For background, I had recently been in the ICU at the hospital for several days because I had a bleeding ulcer. However, none of the medications I was on indicated I shouldn't drive, & I was not under the influence of anything. It was just a simple mistake. I requested that I be given both a field sobriety test & breathalyzer, both of which were denied.

    My car was impounded, & I have a court date. I don't mind have my insurance rates raised for causing a small accident, but don't want a DUI on my record.

    What should I do? How can I be charged with a DUI when no tests were performed? One officer mentioned several times that he would take me to Grady (local jail) if it wasn't for Covid, & I even said please take me & let me have tests performed.

    What should I do? Do I need a lawyer? Thanks in advance for any advice.

    submitted by /u/Z6ATL
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    My university told me to keep quiet about my assault or they would expel me (CA)

    Posted: 19 Sep 2020 04:52 AM PDT

    Here's the super long background story: I reported someone for "dating violence" (my Christian university's cute term for rape) in 2014 and life completely sucked immediately after, but I was making good progress recovering mentally and emotionally. The school did an investigation and found this person guilty, and their punishment was to write an essay (LOL). This person retaliated by sending screenshots of a blog post I wrote about a panic attack I had and claimed I was cyber-bullying them. (I would like to note that the blog post did not include this person's name at all, and I had blocked them from being able to see my account, so it's wild that anyone could have interpreted it as cyber-bullying). The school's student conduct officer (the same person I reported my assault to, ironically) told me that if I talked about my situation again I would be expelled. Following that conversation and threat of expulsion, my mental health took a nosedive and I stopped going to class and to work, had to drop out, and years later, I am still battling PTSD and depression that impacts every part of my life.

    So, does anyone know if I have any legal recourse here? Is it too late? I have $30k in student loans from a school that I feel assisted in retaliation. Is there some exception to the 2-year statute for emotional distress? I think I might just need closure that it's too late to take legal action against my old university, but I have still been holding on to hope that there is still some action I can take.

    submitted by /u/beesling
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    When purchasing our home we were told the HVAC was from 2015. Last week it died, needed to be replaced, and we discovered it was from 1995. Are we owed compensation? Awkward twist: The seller's realtor is our neighbor.

    Posted: 19 Sep 2020 11:56 AM PDT

    We have it documented that the seller's realtor told us the HVAC was installed in 2015. We specifically asked about the age of the HVAC as we had just replaced one in our existing condo. Last week our HVAC died and we needed to put in a new $7,000 😫😫 unit. When we expressed our shock, the workmen informed us that the old one was in fact a 1995 system.

    Are we owed compensation? If so, from whom? The seller's realtor? The seller? The awkward part is that our neighbor is the seller's realtor and we don't want bad blood between us. (We're in North Carolina) Help!

    submitted by /u/ShesGotSauce
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    Political sign put into my yard

    Posted: 19 Sep 2020 07:02 AM PDT

    I just bought a house and live off a road that was fairly busier than I had expected it was. It isn't a main road, but it is a great cut through road for many.

    Just now someone put a state house political sign in my yard. I prefer to not have it there it looks tacky.

    Am i allowed to remove it or have it removed?

    Update: I contacted their party. The previous owners requested the sign. My dog will absolutely not stop barking at the sign. I requested them to come get it. They were very nice about it and are coming to get it. Thanks everyone.

    submitted by /u/hermicrophone
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    An LLC is newly registered to my home address, how can I stop this?

    Posted: 19 Sep 2020 08:01 PM PDT

    I recently purchased a home and was in the closing process from July-August. I have been getting mail addressed to an LLC. I looked up the LLC and both the director/officer's address and the LLC's physical address are registered to my home. The LLC was formed in July so I know this has nothing to do with the previous owner and I don't recognize this person at all. I google searched them but nothing came up so I can't take this up with them directly.

    I'm concerned that there is some shady stuff happening and that this is fraud and illegal. This is my first home so I'm not sure what to do. It seems this person has taken advantage of the home being in transition, although I don't know their motivations.

    What can I do to report this LLC and get them to stop using my address?

    submitted by /u/scivet16
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    Landlord of apartment complex "lost" everyone's lease... sent out new ones to sign full of addendums.

    Posted: 19 Sep 2020 06:33 PM PDT

    State: MN

    Thank goodness I moved out of this complex last month, but I knew a lot of good people there. They seemed to have my lease when I signed out, and broke it many times while I was there with violations of privacy to do construction in units. I got something out of it, and left. I am reaching out for friends, for what has happened this past week.

    First, a company came in and bought the complex in April, and gave tennants that needed to renew May 1 less than 5 days before handing them a copy of the lease with the old company to sign.

    Shortly after, they began thinking the tennants would all like to lose their storage space in lieu of an electric washer and dryer, that vents directly into the apartment (electric bills quadrupled with the appliance and then cooling in summer). The entire process took 2 months, and totalled in 15-20 unannounced visits by landlords, maintainence, and construction workers (that were sometimes unmasked). If you tried to deny them entry, they would force their way in. They would call women tennants that denied them entry horrible things which I will not mention, and come in anyways. You could literally be sitting on the toilet, hear your door open, and there they were...

    Anyways, Friday, the apartment complex 'lost everyone's lease" and issued new leases to sign. In those leases, included NEW addendums to allow for no privacy. They can perform construction when they want, and they can even relocate you as necessary to do construction. They specifically did this for the project that they say is "upcoming", but they performed 2-4 months ago.

    Many people may not have noticed this, so I am encouraging those that know to tell everyone...

    1) is this enforceable? 2) do they have to sign it? 3) do you get a lawyer, or go straight to the AG?

    I am trying to give them a direction on this.

    submitted by /u/ultralightdude
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    (PA) If my landlord keeps "conveniently forgetting" to fix things in my apartment that need fixed, can I report him to housing authorities?

    Posted: 19 Sep 2020 05:22 AM PDT

    I've told my landlord a few times over the past couple months that my kitchen sink needs fixed. It is causing a huge problem underneath that I'm pretty sure is starting to mildew because it smells musty in my kitchen. At the beginning of this month, I paid my rent and reminded him again and he said he'd get to it. Then when I was coming home last night, I saw him and his girlfriend laying carpet and painting the kitchen in their own house next door.

    Now I'm thinking that he more than likely took my rent money and is fixing up his house with it instead of putting it towards what needs fixed in my house. So can I report this situation to the housing authorities, as I'd like to have this problem under my sink fixed before winter?

    submitted by /u/HippySwizzy
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    Is it legal for an OBGYN to lecture about religion to her patients? [Kansas]

    Posted: 19 Sep 2020 01:30 PM PDT

    Recently, my girlfriend was home in Kansas, and she scheduled an appointment with her mom's OBGYN to change her birth control.

    When she visited the OBGYN, the OBGYN asked if she was married, and when my girlfriend said that she wasn't, the OBGYN gave her a decently long lecture about not having sex before marriage because it is sinful, etc.

    This OBGYN is, of course, welcome to have her own religious views, but is it legal for her to bring those up with her patient in her official capacity as a doctor?

    submitted by /u/C_Connor
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    What do I pay my “asbestos” contractor?

    Posted: 19 Sep 2020 04:46 PM PDT

    Me (M30) bought my first house. I knew it had old asbestos tile c1960s and budgeted to remove that.

    Obviously I wanted a safe job done so I hired a local "asbestos remediation" contractor. He quoted $7k to remove all the tile over 3 floors.

    The contractor provided a written quote with info/drawings about covering vents, workers using PPE, safely bagging tile, using air machines, steam cleaning etc. All sounds good. Work starts this week and I stay away.

    So then he says the job is taking more time. Next thing, I notice a bunch of bags left in the yard. Like some open and others split with tile edges. I take a look and they are standard contractor bags.

    Next day I go back and there is one guy inside in a paper mask hacking up tile. I put on an N95 and go in for like 60 seconds. Floor registers are uncovered. No air filtration. No cleaning equipment. Like one guy and a pry bar.

    So basically it's a con. I'm scared to even go back. The worker is a casual who says the other guy left. He's treating it like a demo job.

    I speak to the contractor who says asbestos tile doesn't make dust and it's all cool. Except the tile in the bags is super brittle and broken. There are tile fragments in the yard.

    So I'm now unable to go into my house and I'm going to have to get the place uncontaminated but the worker guy did demo the tile which was a lot of work. So what do? I owe the contractor for what he did do? Or does he owe me for the problem he's left me with.

    Edit: I live in Indiana

    submitted by /u/Throwasbestos
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    my gf's rapist showed up to her place of employment. is there anything we can do?

    Posted: 19 Sep 2020 10:13 AM PDT

    throwaway account for obvious reasons

    My gf was raped about 4 years ago by a guy she was dating at the time. It was penetrative with his fingers but she never told anyone/authorities; his friend group would stalk her and threaten her if she ever went and told anyone. It traumatized her and occasionally she'll break down/have panic attacks over it. I didn't know her at the time of all this happening.

    She since moved and we met/started dating about two years ago. She got a new job, and a few weeks ago one of the "friends" showed up and found out where she works. Today the rapist showed up. She had a panic attack and we're trying to find options as to what to do. We both and the rapist/his friends go to the same university in the US. She doesn't directly have any classes with the rapist but they're in the same department, so my fear is that they'll eventually be in the same classes and it'll seriously mess with her mental state/academics.

    We're afraid of going to Title IX but what should we do? Her main concern is speaking out and having them show up to her place of work; most of her coworkers are aware of the situation but it's her decision, I just want to help her identify all her options. Thanks everyone

    EDIT: I'm dumb and left out an important part. She works in food service.

    submitted by /u/pokerthot
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    I’m the co-signer on the home and I’m being evicted.

    Posted: 19 Sep 2020 04:21 PM PDT

    Ten or more years ago I co-signed a loan for my dad so that he could buy a new house.

    About 4 years ago my dad got remarried, moved in with his wife at her house, and I took over living and making mortgage payments on the house I co-signed for.

    As ridiculous as I feel writing this, my SO made a post on Facebook that was critical of my dad's religion, my dad saw the post and now says we have 30 days to vacate the house or to buy him out of his half.

    We don't have the money for that, and obviously if something this small sets him off it's in our best interest to go ahead and move, but I was wondering where everything falls legally.

    I've lived here for about four years, paid mortgage on time each month, and I'm on the lease as a co-signer.

    submitted by /u/56_throwaway
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    Airbnb tenant cut down tree on campsite(NC)

    Posted: 19 Sep 2020 12:32 PM PDT

    A tenant for my friend's small campsite just cut down a tree that has been planted for years because they wanted to put their canopy there. The tree was intended to be a shade tree for the picnic table and the area immediately surrounding the tree is cleared.

    submitted by /u/Weak-Willingness
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    Neighbors large dog attacked and killed two chickens in front of my young girls.

    Posted: 19 Sep 2020 03:42 PM PDT

    Last week, my neighbor was out playing with her three large dogs in her yard, and while my girls were tending to their chickens, one of the dogs came into our yard and brutally attacked and killed two of our chickens in front of us. No amount of screaming and hitting of the dog stopped the attack.

    This was traumatic for us and the neighbor. I was going to call animal control, but in wanting to resolve this without additional bad blood, I had a conversation with both owners demanding an immediate plan. My biggest concern was that this easily could have been my daughters who were attacked as their presence obviously did not deter the attack. They apologized, begged us not to call animal control, and said they would fix their electric fence immediate (they knew it was not functioning), would put up a privacy fence, would keep their dog leashed when out, and would make sure the dogs were not out of my girls were in the yard.

    One week later, my girls are finally feeling comfortable being in the yard, and the neighbor let the dogs out unleashed. The dog that killed the chickens immediately went to their property line looking at my girls. They did work to get the dogs back inside, but this terrified my kids. I texted the neighbor saying this was not our agreement and could not happen again. No response. The agreement we had was not in writing.

    What recourse do I have at this point? General advice? I do have security cameras, but I had them disarmed during the attack. However, plenty of eye witnesses. I'm in Grand Rapids, MI. Thanks.

    submitted by /u/Dodgerballs
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    Explicit breach of contract from previous owners when moving into new house

    Posted: 19 Sep 2020 05:41 PM PDT

    My brother just moved in to his house and in the contract it explicitly said the previous owners would leave behind their fridge in the garage. However, they did not and my brother's realtor explained why. The previous owner's fiancé now wife said she owned the fridge and that her fiancé and fiancé's brother (both previous owners of the house) had no right to put that fridge in the contract. So suffice to say, my brother is not getting the fridge. What can he do from here? p.s. the previous owner's fiancé now wife, who owns the fridge, is a lawyer. House is in located in the Capitol city of California.

    submitted by /u/gryzx
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    I sent 30k usd to a Chinese company two years ago for a product that they ended up not being able to make - Can i get it back?

    Posted: 19 Sep 2020 10:59 AM PDT

    Hey All,

    The story is simple - We were making a widget with this Chinese company that we had worked with in the past. They made similar widgets to our new widget. They quoted us a price 8usd for this new widget. We sent a deposit of 30k (30% down) to get this made. They came back a month later and said they can only make it for 11usd. At 11usd we would lose money so, after alot of back and forth, we called it a loss and had another company make the new widget for us for 6 USD. We were super busy at the time and didn't know what to do so we just left the 30k there and never did business with the company again.

    Is it too late to try to get the 30k back?

    submitted by /u/Justin_MAD
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    Peter Pan bus added 2 stops and 3.5 hours to a ‘nonstop’ interstate bus trip without notice causing me to get stranded overnight and miss the death of a relative. What can I do about this?

    Posted: 19 Sep 2020 03:41 PM PDT

    I bought a ticket from state A go state B. The trip was advertised as nonstop and the departure/arrival times reflected this. This was stated everywhere on the site when I purchased the ticket, on my email confirmation and my boarding pass. The trip was supposed to be 4 hours, which is exactly how long it takes to drive from state A to state B with no stops. After I got on the bus the driver announced that the bus was actually making two extra stops before arriving at the final destination (my stop). These two extra stops were in states in between state A and state B and added an extra 3.5 hours to the trip. Because of this delay I got to state B 3.5 hours late and missed my second bus which was supposed to take me to my final destination. The bus i was scheduled to take was not with Peter Pan (they don't service my final destination) and was the last of the day. I therefore got stranded overnight in state B, had to pay for a hotel, and had to pay for a replacement ticket to my final destination the next day.

    What are my options here? I contacted Peter Pan bus customer service after the driver made the announcement and they said they have the right to add stops without notice and that there was nothing they could do for me. I'm It only out several hundred dollars, I also missed the last chance to be with a relative before he passed away (the reason I was making the trip to begin with). I'm really upset. Do I have any recourse?

    submitted by /u/Hehehbd
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    My neighbor's goats keep wandering into my yard.

    Posted: 19 Sep 2020 10:29 AM PDT

    Where I live everyone is on about 5 acres of land. We have approximately 3 acres fenced with barbed wire for our horses. The problem is my neighbor has around 25 goats that free range all over her property and eat everything. We try to preserve our pasture so our horses can eat it and it saves quite a bit on buying hay. Unfortunately 2 or 7 times a day her herd of goats mosey on over and eat down whatever they can find. We have spoken with them about this and explained our position; essentially their goats free ranging are wreaking havoc on our pasture and plants. We even offered to help them out goat fence up but they declined. They told us they would take care of it and it wouldn't be a problem. Things changed for about a month, and now the goats once again have unchecked freedom. They have eaten our pasture, killed 10 juniper trees planted as a wind break, and mowed down countless plants and flowers. What legal options do I have? (In Colorado, USA)

    submitted by /u/anaxtogrind
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    Can i sue for malpractice?

    Posted: 19 Sep 2020 03:02 PM PDT

    On August 30th 2 years ago my son went to a mental hospital to deal with some anger issues he was having. They put him on medication and turned him loose after only 5 days. The day after he got out of the hospital, he murdered his mother (my wife), then burned my home down with her in it. He is being held in county jail awaiting trial for first degree murder. He would have never done that in his right mind because him and his mother were best friends. After investigation, it came out that he intended to kill me as well. My question is, can i sue the mental facility for wrongful death? I dont think they fully evaluated him on the medication they gave him in the short time he was there. Some friends told me I should sue them but I dont know if I have a leg to stand on by filing suite. I really dont want to re-live the nightmare if its for nothing.

    submitted by /u/likyulo
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    [NY] If your dog is leashed, you have warned someone the dog is aggressive towards strangers, and they get too close and get bit, are you liable?

    Posted: 19 Sep 2020 05:43 PM PDT

    My dog is very nice and gentle to family but is not towards anyone else. Because of that, I keep him leashed or locked up even on my own property. I had him leashed, after warning my friend, and my friend wasn't paying attention and got too close to me and my dog and my dog nipped his finger. My friend started yelling telling me to control my dog and blaming me and making threats.

    What more does one need to do? I had my dog under control by having him leashed and also making it very clear he wasn't to be trusted by strangers.

    submitted by /u/throw12353245621
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    My employer has two sides to their company; boss has my payroll split and set up so I can't make overtime. Any advice?

    Posted: 19 Sep 2020 11:32 AM PDT

    I work full time as a dispatcher for a locksmithing company in Florida. The company is split into two sides, Lock and Safe and Security and Sound. I was told when I was hired on that I would be working as the dispatcher for both sides, and that they would be paid by both companies as a result. They ended up hiring a 2nd dispatcher to work that side, but they left my pay the same because "I sometimes pick up the phone and route calls to them". I checked with SimpleHR today and looked closely over my pay stubs, and something seemed odd. I was making over 40 hours on the past 3 paychecks, but I had $0 overtime. I saw that 9 hours were in my Security and Sound paycheck, and 33 hours were in my Lock and Safe check; before that it was the same for pretty much my entire job history (5 months worth of time). I usually only make .5 - 1 hour over 40 hours every week, so I never noticed before.

    I plan to talk to my boss next week about this, asking him to bring me back to a single payroll (phrasing it as I never do work for the other side, and would like to simplify my payroll). I asked around, and I'm the only person set up this way as far as I know (one other person had payroll like this, but they were let go 3 months ago). Do I have any options besides trying to find other employment?

    submitted by /u/wayoftheninja
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    Got charged 820$ by Sprint for international calling despite of having International calling plan (+$15/mo)

    Posted: 19 Sep 2020 07:22 PM PDT

    I checked my bill today and had a 820$ charge?!!! I added international calling plan online last month. Called up the customer care and they were no help. She said she wasn't able to see the international plan in the system. I have the e-Mail from Sprint on the day when i added the plan.

    PS: I checked on their website and the country i call to is part of the free landline/mobile calls.

    What's my best course of action here guys because i'm sure as hell not paying 820 f***ing dollars!!

    submitted by /u/randomshitsz
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    CA. A massive fitness corporation filed for our trademark to be cancelled but we have not been served, if we are not ever served, can the case continue?

    Posted: 19 Sep 2020 08:18 PM PDT

    We have a gym/fitness brand we started last year with two physical locations in Los Angeles.

    A massive holding company that owns 10 well known fitness equipment brands filed with USPTO to have our trademark cancelled. Not because it is infringing on anything, but because they likely just want the name (it's a REALLY GREAT name).

    They filed for trademark in August of this year, but we already owned it as of last year, so they were denied. Now they want it.

    We own the name for every class of anything fitness related, and the name itself does not contain any word of "fit" or "fitness" or "gym" or anything -- it's a word that only had a dozen registrations and nothing related to fitness so we were granted the mark a year ago.

    They claim " No use of mark in commerce before application, amendment to allege use, or statement of use was filed " (although it was). As well as " Fraud on the USPTO " for the former. That's it.

    We have not been served or contacted by anyone, the only way we know about this is lawyer advertisement bots are contacting us about hiring them. We looked it up on USPTO and sure enough, it's there.

    It says we have until 10/28 to respond and if we don't we lose the mark.

    There are already trial dates and discovery dates and about 50 things scheduled over the next two years.

    This particular company has filed over 300 of these exact cases against ANYONE who files a trademark containing the word "Fit" even "Railroad Fittings, Intl." or anyone who registers anything for fitness. This is clearly a strong arm to up heave trademarks and CANNOT be legal.

    No way can we afford a trademark lawyer to go against these guys. They're a conglomerate making double digit billions a year and we're a tiny husband and wife business just starting out.

    If we weren't served, how can the court continue?

    Is there a motion that I can file to show this is an illegal strongarm and to have the case thrown on the grounds that our mark is not infringing and ultimately that they have developed a way to turn the USPTO into a kangaroo court with the bona fide intent to be proactively anti-competition."

    submitted by /u/playnothingDOTcom
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    Dad died with no will. Where do I start? [FL]

    Posted: 19 Sep 2020 05:01 PM PDT

    My dad died very suddenly, and we don't think he has a will. He and my mom are divorced, so my siblings and I are next of kin, but most of the handling of his affairs is going to fall to me. He has a life insurance policy, an annuity with TIAA, his house, a car, his bank accounts and whatever he was set to receive from my grandmother who passed away in March.

    I don't live in his town, so I won't be around much to deal with all of this in person. My questions are:

    1. When I go home the next week, where in the world do I start?
    2. What do I need to do about his mortgage to keep the house from being foreclosed on? I'm almost positive he doesn't have automatic payments set up.
    3. Am I not allowed to remove anything from his house yet since there's no will?
    4. Who pays for the funeral?

    I'm 24, I can barely handle my own finances. I don't even know where to begin with his. Thank you for any advice you can give me.

    submitted by /u/Sappy18
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    Does my neighbor have legal grounds to make me move the meter especially if he bought his house like that?

    Posted: 19 Sep 2020 07:53 PM PDT

    I purchased a home several years ago. The previous owner owned multiple lots. The house I bought was built first. He later built another home on the lot next door, so we share a wall. The lot next door has a driveway, so the front door is further in the lot. On the shared wall, all the gas and electric meters are mounted. The lot next door with the driveway was sold first to my current neighbor. I purchased my house a few years later. The current neighbor is now demanding that I remove and relocate the meters claiming that it was done illegally. Keep in mind that all inspections passed, from the previous owner building the house with the driveway, to my neighbor buying his house, and when I bought my house. Does my neighbor have legal grounds to make me move the meter especially if he bought the house like that?

    submitted by /u/Junkxboxx
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