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    Tuesday, January 19, 2021

    Legal Advice - Home I've owned for 15 years recently forced to join HOA, demands I make retroactive changes.

    Legal Advice - Home I've owned for 15 years recently forced to join HOA, demands I make retroactive changes.


    Home I've owned for 15 years recently forced to join HOA, demands I make retroactive changes.

    Posted: 19 Jan 2021 05:02 AM PST

    This is in Texas.

    My wife and I purchased this home 15 years ago. Most of the homes in the neighborhood were built in the late 70s and earlier 80s there was never an HOA here. In late 2018 a petition to form and HOA began to be circulated. We flatly refused to sign and spoke with many of our neighbors encouraging the to oppose the formation of an HOA as well. Eventually however the vast majority of the area, roughly 150 homes, signed the petition, lawyers were consulted, official votes were held and a mandatory HOA was formed once covid restrictions were eased late in 2020. I've done my research and I know under Texas law I can be forced to join this HOA. However they are making retroactive rules that will be in some cases heartbreaking, and in some cases prohibitively expensive.

    Rule #1 No large dogs. We've owned a black lab for 5 years, and a border colie for 3. Our daughters are extremely attached to them and it seems unreasonable the an HOA would be able to come in after the fact and demand we get rid of pets we had long before the HOA was formed.

    #2 Houses cannot have pools. Not talking an above ground pool here, an inground pool that was already here when we bought the house. It was one of the reasons we bought the house and we keep it well maintained.

    #3 The external aesthetics of our home. The roof which we replaced 3 years ago is the wrong color. Front doors must be wood, and in white, or a natural wood color. and must be a solid door with no window in it. We have a red fiberglass door with one of those half circle windows. The wood exterior trim is the wrong shade of white. We installed a new privacy fence around our backyard 2 years ago, red cedar, natural color, with a crisscrossed lattice pattern on top. Wrong color, wrong material, pickets the wrong width.

    #4 We have the wrong type of grass. Our front and back lawns are St Augustine, the HOA regulations require Zoysia.

    #5 HOA rule, cars cannot be parked in a driveway or in the street overnight. My wife and I each own a car, but the house has no garage. We have a carport, no carports allowed.

    #6 Also our RV, and the carport structure it sits under has to go.

    #7 We have the wrong kind of blinds, and the wrong color lightbulbs inside our home.(bad look for the neighborhood if the light shining out our windows at night isn't the same color in every home)

    This is all insane, and I think I'm probably forgetting some things. People are starting to grumble about the $150 per month in dues our new board decided on. Maybe this will spark a revolt to get rid of the HOA. Until then I'm lost. I know I need a lawyer, but I'm in a small town. We don't have many lawyers here, and the ones I've been to aren't willing to go against the firm that helped set up the HOA. Are these kind of retroactive rules even enforceable? The cost to do all this isn't even realistically affordable right now, and they've said they're only giving homeowners a 3 month grace period to get everything done. The worst part is, the vast majority of homeowners are all in favor of all of this. They had homes that already conformed to the rules or required only minor changes to do so.

    On a side note, I discovered theres a I guess parody? subreddit of this one for people who misspell advice. Trying to post there by mistake gave me a laugh I sorely needed.

    submitted by /u/RighteousRobbie
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    Landlord is telling me I have to resign the lease after "noticing" the water isn't supposed to be included in rent 1mo after signing and moving in.

    Posted: 19 Jan 2021 07:29 PM PST

    The listing said water was included, the lease said water was included, it played a big part in my deciding on this rental. I signed the least 1mo ago and have been moved in 3 weeks. I got the following email on Friday:

    "I hope this email finds you well. Upon review of your lease agreement, we found there was an error in our system which caused errors in our lease agreements for this property. The water and sewer were included and the lawn care and snow removal were NOT included, they should have been switched. You are not responsible for the upkeep of the lawn, snow removal, or garbage. The water bill will stay in the owners name but will be billed to you via your online portal quarterly.

    We sincerely apologize for the confusion. We will be amending this error and wanted to know if you would feel more comfortable signing a new lease agreement or just an addendum to add to the current agreement? "

    I wouldn't be as upset seeing as the lawn and snow removal would be covered however those are both things I can do myself. And I am also not at all interested in being billed quarterly for the water.

    Is there a way I can basically say "Sorry you screwed up, this is not what I agreed to"?

    EDIT: I am in PA

    submitted by /u/fryb4by
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    I own a business in Arizona and I just had a brand new employee give themselves a $16,000 raise.

    Posted: 19 Jan 2021 09:55 AM PST

    Okay, so here's the situation. I have a very small business. I make about $75K per year and so does my partner. We have 5 employees, who earn $36k - $44k per year. My employees get the very best health insurance, life, dental, vision. They have a $500 deductible and $5 prescriptions. Free glasses and contacts...everything. It's the "platinum plan."

    Anyway, I hire a lady a couple of weeks ago. (She started today.) When I interviewed her, she said she wouldn't work for less than $52K per year. That's more than the job pays, but (even with a mask on), I thought she was quite possibly medicare age.

    So I think to ask: "Do you need insurance?"

    She laughs, "No, I don't need insurance. That's covered!"

    Well the insurance for her would cost me about $16,000 per year. So I hire her on the spot for $50K and in my mind, I'm thinking "I just hired a very experienced person for $34K."

    Works out for everyone, right?

    Well today was her first day and she went through the employee onboarding process and she signed up for health insurance!!! I said "I thought you don't need it." And she says "Well I have my husband's, but yours is so much better!!!"

    Well shit. Now what? She's been in my employ for 3 hours so far. I want to nip this at the bud.

    But I'm afraid that if I go in and say "hey lady, you can't have insurance"-- I'm breaking some kind of law. I know I can just walk in and tell her we are going in a different direction and just fire her... I know I can do that. But I really want to keep her. How can I give her a friendly ultimatum? :)

    Can I legally offer her a lower wage? Can I tell her she can't have the insurance because we agreed during the (taped) interview?

    What do I do?

    submitted by /u/i-want-fph-back
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    Roommate/Ex Threatening to Unplug my EHM while I’m at work.

    Posted: 19 Jan 2021 06:34 PM PST

    Minnesota. I am currently serving 30 days of EHM and my ex girlfriend is mad at me for starting the washing machine after 10pm (for real..) Somehow this made her so angry that in the middle of our disagreement she sent me a text stating she was going to unplug my monitoring base. What happens to me if she does this?

    Edit: EHM = Electronic Home Monitoring aka House arrest.

    submitted by /u/andybok
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    Can my school charge me with truency?

    Posted: 19 Jan 2021 06:50 PM PST

    Hello,

    I go to a high school, and because I am all virtual, I have to log into the grade book and check that I have attended class every period. Sometimes I forget to check in, and the teachers still mark me as present. The school has now threatened truency even though I have attended class, the teachers can say that I have, and they have marked me as present. Can the school legally charge me with truency even though I still attend class? (USA)

    submitted by /u/LordGamer091
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    Purchasing my deceased neighbors property

    Posted: 19 Jan 2021 01:46 PM PST

    My neighbor passed away almost 12 months ago, and left 3 lots and a dilapidated trailer adjacent my property in town with no next of kin (NOK). It will go up on property tax sales in 2022 since the taxes are so low and it needs to get to a certain threshold before the county will do anything with it. I have been maintaining the property for the last 18 months and have direct interest in the land as it is right against my house. Is there any way I can go about purchasing this land before then? I have been in contact with my township trustee as he was the person in charge of finding the NOK with the town lawyer. They both agreed that there was no living next of kin and to let it go to tax sale. Currently the outstanding taxes for 3 lots is $30. The property is in Monon, Indiana 47959

    EDIT: Location

    submitted by /u/tila1993
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    AZ, neighbor kids keep hopping my back fence, and i have a very aggressive dog that hates those kids. Will I get in trouble if he injures one?

    Posted: 19 Jan 2021 04:47 PM PST

    If the neighbors hop the fence to get their (ive told them not to), and my dog is coincidentally outside at the time, will i get in trouble if they are injured or worse? If they hurt my dog can i take legal action?

    Just an fyi, i have no problem throwing the ball back, but i dont want them trespassing.

    submitted by /u/mastrkage
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    Sold a truck privately, a week later he wants his money back

    Posted: 19 Jan 2021 06:36 PM PST

    I sold a truck privately to a guy and now a week later he wants his money back. Says "his mechanic" told him frame is so rusty, it won't pass inspection. I never had a problem getting it inspected, and there was some surface rust on frame but no rust holes or cracks or anything, normal for a 2006. We have a bill of sale we both signed that specifically says in "as is condition". I don't want to take the truck back now for its been a week already. Now he says that I sold it to him under false pretenses and I will need an attorney. He came and looked at it, test drove it, and offered me $5000 for it(I was asking 6000) couple days later he asked if I'd drive it 45 min to his house and removed the plates to make it easier for him, I did. Now after a week he tells me this?? Wtf. Any advice? I'm in upstate NY.

    submitted by /u/dannoslice
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    A kayak outfitter has been using my property for several years without my knowlege, to access the river, what can I do?

    Posted: 19 Jan 2021 11:49 AM PST

    My property is a strip between the highway and the Wisconsin River (in Wisconsin). The kayak outfitter has parked off the highway and cut a path to access the river to take people and equipment on and off the river. What potential options should I pursue? Besides filing for an injunction to them using the land, am I potentially owed anything? Could I sue for backpay for use? A share of earnings from operating on my property? &c.

    submitted by /u/DeForestDelpech
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    Our street is lined with single family homes with young families and young children. There is an elementary school on the corner. We have one really bad apple on the street and it’s a full on shitshow. What can we do?

    Posted: 19 Jan 2021 09:07 PM PST

    So one of the houses is home to a pretty rotten family. The grandfather is a drunk and drug addict that inherited the house from his parents, who are long gone. His daughter is a crackhead, married to a domestic abuser and their son, now in his 20s has also taken up the family business of dealing drugs. The screaming, abuse, and drug dealing with cars stopping in an out is a daily occurrence...and that was when things were okay.

    On Halloween 2020, their house essentially burnt down. Most likely a cigarette fire in the basement. It is uninhabitable. We rejoiced while they were gone for a few days, seemingly finding other places to squat...but then, they came back.

    Since then, throughout the winter, they have been living in their cars parking in front of the house or behind it in the yard. They've been burning nightly fires to stay warm. (This is a fairly urban area), and pissing and shitting openly in the backyard.

    As of last week, they somehow purchased a trailer which has been shoved through their narrow driveway, breaking a neighbors fence in one side and their already damaged house on the other.

    Are they breaking any solid laws that could get them removed? It seems to me that if they own the property, there's not much we can do, but we know they're dealing drugs, have already destroyed their own house and now a fence, and are defecating in their yard. The neighbor's kitchen looks directly over and into their yard. It's basically a growing homeless population behind a burnt house, on a residential street 5 miles out from a major city.

    Do we have any recourse?

    submitted by /u/tacocatmom
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    Custody advice from a childs perspective

    Posted: 19 Jan 2021 08:09 PM PST

    Hi! I am 13 years old and currently being forced to live with my fatherEarlier today my mother had ran off somewhere and we havent seen her since then and nobody knows where she is
    I have a step father and a step sister and wanted to know if i would still be allowed to live with them since my mother and step father are still together or if i would have to live with my father
    Location edit; United states, Louisiana Shreveport

    submitted by /u/s411b0
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    Is it legal for restaurants to take tips written on credit card receipts?

    Posted: 19 Jan 2021 08:10 PM PST

    I'm working my first job as a server/cashier at a dine in and carry out italian restaurant in colorado and they only give us the cash tips that people leave. I get paid minimum wage so they don't tax my paycheck but I feel like when people leave a tip they assume it's going to the workers, not back into the business. Am I missing something?

    submitted by /u/favorite_of_satan
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    FL, dealing with harassment from a man who is angry I won’t date him.

    Posted: 19 Jan 2021 08:29 AM PST

    Hey guys, I live in Florida and I have recently gotten myself into a harassment situation. A man in a different county of Florida is angry that I won't date him, so we are now going on two plus days of angry texts threatening me and insulting me, from multiple different numbers even though I have blocked them continuously. Do I have anything I can do here? A restraining order?

    Also he is chair/leader of a major political organization in our area, where he regularly works with vulnerable people and women and advocates for them. Would I face any legal action if I sent them screenshots of how he is treating me? I don't want to give him the chance to do this to anyone else.

    submitted by /u/Lost-in-neverland
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    Driving my partner’s car, got hit off the highway and found out their car is unregistered for over a year. Now i have to go to court.

    Posted: 19 Jan 2021 07:37 PM PST

    Bot: I'm in Pasco County Florida

    Got a criminal court appearance and I'm really nervous since I'm only 23 and don't want to be a criminal

    Please help. I literally have a collapsed lung from the crash and now have to go to court

    Here's info:

    -My partner got the car from their dad and got the title in their name but not the registration so it'd been a year since

    -we were the victims of the crash and the cop gave the traffic ticket to the other people but decided to give me a ticket for driving the car

    -my partner fixed their registration the day after

    -I took the registration ticket to clerk of court next day and they said I can't get it dismissed and must appear in front of a judge

    -I'm terrified and someone told me I could talk to the attorney general or something in the county to get it dismissed I don't have money for a lawyer or the health or time to do this

    -the cop said after the accident that my partner just had to get the registration fixed and i could get it dismissed

    Please help me Reddit this is possibly the scariest event to happen to me and now it's getting worse

    submitted by /u/basingse_coffee
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    My mother is wanting to take me to court for visitation

    Posted: 19 Jan 2021 12:48 PM PST

    I have a 4yo autistic son. He legally lives with me and his stepdad, and he visits his bio dad on weekends.

    In (2019) I was battling an addiction and was kicked out of my apartment and living in a closet basically. I still saw my son, I never went more than a week or 2 without seeing him and spending time with him. I never neglected or abused him. I'm not proud of me getting on drugs. At all.

    Anyways. he primarily lived with dad until I got back on my feet, had a stable job, was clean, had my own place, own car, etc. (we did NOT have a custody agreement for this, so primary custody was never taken from me) during that time in 2019 though, his dad would drop him off at my parents while he was at work. Basically they babysat him while his dad was at work, Monday-Thursday. I worked my ass off the first half of 2019 so that by the 2nd half of the year, I was getting back on my feet and was clean.

    I am now in a really nice apartment, am engaged to a man who makes enough so that I have the blessing to stay home and raise my son and homeschool him. And I'm now expecting my 2nd child. Life is great. I am clean and sober and my son is going to therapy and his needs are being met. Kiddo's dad and I get along and he was more than happy to let kiddo live with me since I am in a much better place. He has been legally living with me since the beginning of 2020, which is when we both signed the custody agreement.

    My mother has obviously not gotten to see him as much because of this. I was still letting him see her. I didn't just cut her off. Anyways. She is upset because I am now telling her that I am tired of her crossing boundaries and not respecting me as a mother and respecting kiddo's needs as an autistic child. She has done nothing but be rude to me and accuse me of some really horrible things (using him to get SSI money for my personal benefit even though it's for his THERAPY that insurance does NOT cover) I have told her numerous times she is allowed to come over to his home and see him. But she refuses and I told her that he isn't allowed over to hers anymore unless I am present. I don't trust her to follow the rules that me and his dad have set in place for him and she lost custody of me when I was little, and I am unsure of why and that scares me.

    My question is, is there a chance she could win visitation because of my past? I am worried she might. I don't want him going over there without supervision. And she has refused to come over. I'm really scared.

    (My post history has more info and I am located in Texas)

    submitted by /u/lavender_dreams95
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    Stranger demanding I give her the mail that I plan to ‘return to sender’

    Posted: 18 Jan 2021 10:08 PM PST

    Hello I want to ask if I have legal right to do this.

    I live in a NYC multi family home. Basically I live in the 2nd floor while the first floor units are rented to 3 different families. The basement is rented to a girl who lives by herself.

    The landlord is my father in law and he lives in a different state. I collect rent for him and help him solve tenant complaint etc. in his place.

    For the past year or so, we've been getting mail from people who don't live in my address. These mails are credit cards, court hearings, government mails, packages etc. Another strange thing is, these strangers are able to open the front door and get in to take their mail. The first time I saw them, I let it slide because I thought the lived on the first floor. They certainly do not and I don't know how they are able to get the key to the front door.

    I change the lock to the front door a total of 6x and somehow these strangers still manage to get a key to the open the front door. I'm suspicious of someone who lives in the first floor who is providing them the key and letting them put their address as this place.

    The boxes from the packages that are being sent to my place and picked up by the strangers are being littered in the street. They didn't bother to rip the address off. Now my father in law is being fined because the address says it comes from my house.

    I made everyone who live at my address write down their name and taped a notice on a wall. It says whoever name that doesn't belong here on this paper but mail are being sent to this address, I will collect them and 'return to sender'. I will also be installing a security camera at the first floor near the door to see who these strangers are and why they are coming in and out as the please.

    No less than a week, as I was collecting mail, this stranger came in after opening the door yelling at me to give me her mail. She told me her name and I was holding her mail in my hand. It looks like a credit card mail but I refused to give it to her. I have no idea who she is and I know she doesn't live here because her name is not on the notice and I've never seen her before.

    She threatened to call the police and said it's illegal to steal mail. She even showed me her ID which has my house address printed on it. I told her I'm not stealing, I only plan to hold it and drop it off at the postal office because I know she doesn't live here. I told her to point to me which unit she lived in and she said it didn't matter because her ID said otherwise.

    She left after I told her to call the police to settle this for us and said she is going to contact her lawyer. I don't know if I have the legal right to keep her mail from her but I don't want her to think it's ok to keep sending her mail here. There are other mails that belong to people who I don't know still sitting in my house at the 2nd floor. I'm keeping them in a box right now to 'return to sender' at the postal office.

    Will I get into legal trouble for doing this?

    Edit: Sorry, I put the wrong flair. I wasn't sure about it so I chose the one most closest to the advice I was seeking. I realize it's wrong and will change it.

    Edit2: I want to add that where I live, we don't have mailboxes. The mail are shoved through a little open slot in the front door, so in order to get your mail, you have to open the front door.

    Edit3: thank you everyone! I fell asleep because it was 12am when I posted this so I couldn't respond. I will take everyone's advice and send them to my father in law.

    submitted by /u/Mimu56
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    I sold a Chevy to a friend with arrangements to pay money down and finish paying in payments. Ultimately he never got the Chevy registered or insured.

    Posted: 19 Jan 2021 06:09 PM PST

    Before buying the Chevy, he had owned a Volvo that was registered and insured. He put one plate from the Volvo and the other on the impala. On New Years the Volvo was stolen with one plate on it. Now the Chevy has been towed off the street for having a stolen plate. We know where the car is being held. Because the car is registered to me I was going to pick it up and bring the title with me. It came to my attention that because the car was registered to me there may be legal ramifications if I go to pick it up. What can I do in this situation to avoid getting in legal trouble? I would also like for my friend to not get in trouble. I live in new York State, where I had it registered, and he lives in Connecticut.

    submitted by /u/kcar28
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    My school is threatening to suspend me for wanting to report my teacher grooming me

    Posted: 19 Jan 2021 02:25 AM PST

    A teacher at my school groomed me and I know he's doing it to other kids as well so I told the principal and they're making me to hide it because itll "ruin their reputation" and if i report it to the police they're going to suspend me.

    he still works at our school ive shown enough proof as well and i dont want to wait until i graduate :(

    what should i do??

    i live in indonesia and the police arent very helpful here. im also 13 if that helps

    submitted by /u/pizzathrowaway221
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    Would this have been wrong of the police to arrest me...? (CA)

    Posted: 19 Jan 2021 05:40 PM PST

    So a backstory: I used to make small talk with this girl at my gym ("hi", "how are you",etc.) about 2 months ago. Well one day I was in a rush so I slipped her my number on a piece of paper asking if she ever wanted to get coffee to hit me up (innocent right ?) Well she politely declined and I respected her decision and left her alone after that. I actually worked more hours so I stopped seeing her altogether. Fast forward to last night, I went to an apartment complex to hang out with a guy friend. I waited in my car till he got off work. I hear a knock on my car window and it's that girl from my gym. She looks scared and she asks if I followed her home. I did not. She keeps insisting that I am stalking her and brings her brother out. I try and tell them my side but they refuse to believe. They go inside and call the cops. Cops show up and are very hostile from the start. They search my car for weapons and every few minutes would say things like "you're not in cuffs yet" , "it's not looking good for you " kind of in a taunting way. I was confused as to why they'd automatically believe her when they didn't get her side of the story. The cop told me that she didn't want me arrested because she respected my job as a firefighter? I was confused because how the hell were they gonna arrest me with little evidence, they were just going off of what she said? I read that in Cali, the victim would have to prove that I was stalking her AND that I made physical threats...I never said anything to her . I left so confused and angry and humiliated. Would they have been wrong to arrest me? Is what I did considered stalking?

    submitted by /u/FireWookie4
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    [PA] My landlord took 2 security deposits and first months rent from me the day I signed my lease 6 months ago. Can I get one of the security deposits back?

    Posted: 19 Jan 2021 07:00 PM PST

    I'm wondering if there is any way I will be able to get that back? I've been here 6 months and would like to ask him if when I move out or when the lease ends, if he can give me one of the deposits back assuming everything is fine? I've been paying him on time and a great tenant.

    submitted by /u/Ciaobello10
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    Car Dealer Miscalculated Sales Tax

    Posted: 19 Jan 2021 06:57 PM PST

    This is in Utah

    I purchased a new SUV a few days ago. I traded in my old SUV that the lease was up on. There was only a few hundred dollars in equity on the trade. My sales guys said I wouldn't get a tax credit on the remaining lease trade in, but when I went to sign the purchase papers the finance manager acknowledged the lease and mentioned the applied tax credit. I figured the sales guy didn't know what he was talking about (wouldn't be the first time). I signed my papers, handed over the keys to my old car and drove away in my new one.

    Today the dealer called and explained that they messed up on the paperwork and that I need to send them $1,800 for the missing sales tax. They said the DMV will not allow my car to be registered without the taxes being paid, and I know this to be true. However, I have it financed and a signed contract. I believe the finance company will be waiting for their title and the dealer will need to pay the taxes to get that expedited. I have a temp tag/registration that is good for 45 days. I am thinking about sitting on this and waiting it out. What are my options? Am I liable for their miscalculation or are they responsible and trying to save face by collecting from me before they have pay the state?

    submitted by /u/ExcelsiorAir
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    In California, can you be court ordered to be someone's caretaker?

    Posted: 19 Jan 2021 08:07 PM PST

    My ex has severe health problems that require around the clock care. His wife, which is also the woman he left me for, is threatening to take me to court so I would have to take care of him. She feels that I should have to because of unknown reason. Of course, naughty words were exchanged. I have no obligations to him or to his family. We have no kids together and we were never married. I don't see how or why I should have to be involved. I need to know if I could be court ordered. Thanks.

    submitted by /u/Accomplished-Spray25
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    [TX] Major bank took checks for totalled car / gap insurance, marked loan as delinquent afterwards, and admitted their error in writing 6 years later

    Posted: 19 Jan 2021 07:13 AM PST

    Back in 2010, I bought a car through Wells Fargo Dealer Services. I got gap insurance, because I wanted to make sure that if anything happened, I wouldn't owe a cent on the car. They later tried to claim that I didn't have comprehensive / collision coverage on the car (which I did), so I'm pretty sure that at some point they tried to slap that onto my loan as well (which they got sued over in a class-action, and lost, back in 2017).

    The vehicle was totalled in 2014 in a not-at-fault accident (uninsured driver backed into me while she was pulling out of a parking spot and I was driving by). I submitted the claim to Geico, Geico said "yep, it's boned," and notified Wells Fargo that it was totalled. They sent them a check specifically saying the vehicle was a total loss, which WF deposited, and then the gap insurance was supposed to kick in. Guess what didn't happen?

    I hounded Wells Fargo about the loan being paid off for years, but they refused to mark it off, and then marked it as delinquent despite cashing the checks from the gap insurance as well as Geico. For 6 years, I had a delinquent account on my credit report, which was confirmed by them annually when I contested it with Experian / TransUnion / Equifax.

    Nine months ago, Wells Fargo sent a letter saying "hey, uh, we screwed up, we're removing this car loan, which shouldn't have been marked delinquent, from your credit report." At the time, I was just okay with it being removed - my rating jumped 40 points thanks to that. Saturday, I got a letter stating that they had failed to process my gap insurance claim's related updates for my credit report, and that they were trying to resolve this (which increased my credit rating even more).

    My view is this - they took the checks, cashed them, marked my loan as delinquent, and left me with bad information on my credit report, which directly led to me being denied credit applications, hounded by their debt collectors, and having higher interest rates on the car loan I got after that (as well as higher auto insurance rates, since they check credit).

    What are some reasonable options here?

    submitted by /u/tuxedo_jack
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