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    Wednesday, January 6, 2021

    Legal Advice - Update: former in laws faked documents to get jmy money, now in trouble (OR)

    Legal Advice - Update: former in laws faked documents to get jmy money, now in trouble (OR)


    Update: former in laws faked documents to get jmy money, now in trouble (OR)

    Posted: 06 Jan 2021 05:22 PM PST

    Earlier I posted that my former in laws were suing me for half my home and money since my husband had died over 5 years ago and they wanted money. After taking the letter to my attorney friend, she pointed out it was a fake and a couple of days ago, she contacted the firm whose letterhead it was on and informed them that someone was making false documents under their name. They said they would look into it. I don't know what happened, but today I got a call from my former mother in law saying to drop everything, because the law firm they faked the letter from had called them and said they were pressing legal action against them. I don't know exactly what, but she made it seem pretty serious. After listening to her rant, I just said, "we have nothing in common anymore, please leave me alone or the law firm won't be the only one going after you." She started yelling at me and I just hung up. My attorney told me we have a pretty good case if we choose to go after them, though I don't know what I could get after the law firm they faked the letter from is done with them. My biggest fear going home over the holidays a couple weeks ago was that I would run into them, but fortunately that didn't happen.

    submitted by /u/TitanGal23
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    [CA] I'm being demoted for being a recovering alcoholic

    Posted: 06 Jan 2021 06:54 AM PST

    I think I was just demoted for being a recovering alcoholic.

    This is what happened: in my job we often take the clients to lunch/dinner to finalize deals. My colleague and I were having dinner with a client and he saw I was not drinking wine, so he asked why and if I'm a recovering alcoholic. I said that I am. Suppose I could just have lied but I don't like to lie.

    What happened next is he called my boss and said he wants someone else to be in charge of his account. Boss asked why and he says doesn't want an addict to be in charge of his account. My boss told me this so I believe it. (On a side note I'm 22 years sober so and my past addiction is not interfering with my work at all. The client was quite happy with me until he knew about this). At first my boss refused his request but the client escalated it to one of the partners and I was told I'm not to handle any of this client's business with our firm. He's one of our big clients so it's clearly a problem for me, I would be losing money over this, and it's a career setback. I was not happy with this so I protested but they said that as I can't seem to work with the client I'm being demoted to my former position. Which means a monetary loss of at least $20000/year, not counting bonuses and other perks.

    So I was wondering if I have a case here, is there a chance this could be discrimination for reasons linked to a health issue?

    submitted by /u/Lewis32092
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    Do I legally have to pay to retrieve my items?

    Posted: 06 Jan 2021 02:47 PM PST

    Sorry if I used the wrong flare.

    I got into a car accident on December 10 and was life flighted. The accident was not my fault. I just got released from the hospital and the place that towed & stored my car called and said I need to pay the bill ($95 a day... oh boy).

    We are going to my car tomorrow hopefully and I wanted to know if I legally have to pay that bill in full tomorrow in order to get my items (wallet & cell phone especially). I do plan on paying the whole bill eventually but I don't have $2500+ to pay it all right now. I plan on signing my title over to them (I hope that's the right wording) because I'm sure the car is totaled.

    Any time I asked the yard owner if I could just get my stuff out, he ignored me or dodged the question. I want to know if there's any legal obligation for me to pay the whole bill before I retrieve my items.

    If it matters, I did not choose the place my car was taken to and I still have zero memory of anything regarding the accident. I didn't know where my car was until I got the accident report on 12/22.

    Yes, I know I should've done all of this sooner. I've been busy with doctors appointments and post op appointments and trying to figure out how the hell to get a wheelchair.

    Edit to add: I'm in Georgia USA

    submitted by /u/misseselise
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    Company is switching to a lower amount of PTO carry over this year, but gave me verbal permission that because I was "critical" I didn't need to worry. Now that the year expired, they've messaged me to say they aren't going to honor that exemption.

    Posted: 06 Jan 2021 03:44 PM PST

    UPDATE: What a rollercoaster. They've now said they are going to honor the original agreement. So I guess this can be seen as solved. I do wonder about that breach on the retention bonus contract. I'm basically losing out on $25k there.

    Location is Mesa, Arizona.

    I have around 340 hrs built up, since I've pretty much worked my ass off for this company (tech) over the past 5 years. This year, after an acquisition, they decided to normalize to the new company pto policy which is 120 hours of carry over. Given my importance and the critical deadlines, my boss said that I had an exemption and did not need to worry.

    Today though, he said they got pulled into a meeting on the 29th of December and told that no exemptions would be made. Unfortunately, that only got communicated to me today.

    The unfortunate part of this, and what makes me think it was the plan all along, is that if I had resigned by the end of December I would be entitled to the entire payout of my PTO.

    Any advice? Do I have legal recourse? Should I resign immediately and say my tenure ended at the end of December, thus entitling me to the full payout? Would that even work?

    Similarly, they've breached another contract of mine regarding a retention agreement, but right now this is the more critical matter.

    submitted by /u/IshiKamen
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    My Employer wants to take tips as a penalty for overtime, is this legal?

    Posted: 06 Jan 2021 06:18 AM PST

    Hi! Obligatory throwaway account and I'm on mobile so apologies for any formatting issues. I also don't want this to get back to my employer.

    So here is all the information I think you'll need. I'm located in Georgia, United States. I am currently paid a few dollars over minimum wage + tips and the tips are split evenly from a pool. I work for a small family owned business. The tips generally range from $20 to $60+ on any given day. I generally work 25-30 hours a week and sometimes depending on scheduling I can potentially work some overtime. Just recently they have had meetings with all of us and they are asking to us to sign a paper saying that if we work any overtime we will be forfeiting tips to pay for the overtime. Only the employees that accrued overtime will be penalized so it's not a group punishment or anything. My question is: is this legal? Can they actually take my tips, which are part of my paid wages, to pay for any overtime that I accrue?

    submitted by /u/needsomehelpwithtips
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    [TX] Can a landlord of an apartment complex bar me from having firearms?

    Posted: 06 Jan 2021 01:16 PM PST

    I am currently in the process of renting an apartment, and while reading through the lease I read that they could terminate the lease for "good cause" which included the possession of a firearm. I called the leasing office to check that I had read it right, where I was notified I had, and that they had a no firearms policy. While looking into it I found out about HB 302, which if I'm reading it correctly states that they are not allowed to prohibit a tenant from possessing firearms.

    What I'm really trying to find out here is (a) did I read the bill right, and what they are saying is illegal, and (b) if so, what do I do about it?

    submitted by /u/Alexander_T_Wolf
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    Old owner keeps sending mail to my house

    Posted: 06 Jan 2021 02:44 PM PST

    Hi,

    TL;DR Old owner continues mailing things to my home. Showed up angry to retrieve an urban outfitters package in the middle of my workday. Would like to know if I can take any legal recourse to make it stop.

    we have owned our house for 6 years now. For whatever reason the previous owner maybe renter still sends their mail to our home. We normally try to send it back to the post office or we will just shred it.

    Fast forward to today and they send a package from urban outfitters. I just placed it by the door and planned to look the owner up on Facebook. Mind you I am 39 weeks pregnant and wfh so quite busy these days. Maybe 2 hours after the package arrives an angry woman shows at my door.

    I'm not dressed so I head upstairs to do so and grab a mask. In me doing that she rings the doorbell 5x and bangs on the door twice. I can she her steaming when I look out of the window. I just cannot believe how entitled one can be when she sent a package to our home and showed up unannounced.

    I open the door and she's accusing us of taking her package. So I throw it in the yard she refuses to pick it up I had to ask her several times to take her package we don't want it and she was so surprised that i returned her nasty attitude. I'm pregnant what did she expect lol

    My question is is their anything legally that can be done to prevent her mail from being sent here?

    submitted by /u/Souldaisy
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    Where does the law stand on this?

    Posted: 06 Jan 2021 08:49 PM PST

    I want to turn a post on reddit into a work of art. Like, I just want to enlarge the post and hang it on a wall and frame it.

    Do I need to consent of the person who made it? It's not my words so that complicates things. Like, I know I can legally print it out and show it to friends, but where does the law stand on me turning it into a work of art? I don't even want to profit off it. I just want spread it around because of the statement it makes. Like can I hang it in an art gallery?

    I've seen news shows that show tweets and online posts. Unless they've actually gotten the consent of the individual, is this a precedent?

    Sorry if this is a dumb question. I am very legally inept.

    edit: Apparently I have to include the location of where I am. I'll say New Jersey, but nothing more. That adequate?

    submitted by /u/Some_Random_Android
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    Am I liable for neighbor's negligent keeping of foul (IN)

    Posted: 06 Jan 2021 06:50 AM PST

    So I live in a semi rural area where we live on 2 acres of land and as do both of our neighbors but the land is mostly in front and behind the house with the property line 25 feet from the side of the house and their abouts to the neighbors' house (I say this to say I don't know if this area is zoned for livestock but I think it is)

    Anyway they moved in summer of 19 and brought ~10 chickens when they moved in and placed them right next to the property line and the chicken walk all around their property most of the time which is just fine up until they get on our property which at least 3 have done this month and I only know this because they have been brought by my hunting dog to the front door

    I know that my dog isn't leaving our property because she has an invisible fence that shocks her when she gets close and she is 7 years so she definitely understands this pretty well.

    I notified and returned my neighbors' property each time when it is brought to my door but I am wondering if I am legally liable for the value of the foul that have escaped their property

    submitted by /u/Random1783O294480683
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    My grandfather passed away but gifted me his car 5 days before.

    Posted: 06 Jan 2021 08:27 PM PST

    So my grandfather passed away, but for Christmas he gifted me his old car he signed and dated the title and the form for gift transfer, I am wondering if I am still allowed to get the title transferred or because now he is deceased will I have to go through the estate? This is in Texas as well.

    submitted by /u/scop3d
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    Already signed closing documents- now loan isn’t approved?

    Posted: 06 Jan 2021 07:48 PM PST

    This post is just to sate my curiosity and help me understand the house buying process a little better. Here's where I'm at:

    My husband and I are buying our first home in California. Two days ago, our contact from the mortgage company let us know our loan was fully approved, sent us the closing disclosure, and sent their documents to the title company. Today, the title company called and arranged for a notary to come over and have us sign a mountain of documents. After that, I wired the the title company the remaining balance we owed and our realtor called to let us know all that's left is for the deed to be recorded and then he'd deliver our new keys. All sounds great so far!

    However, after all that, our mortgage guy emailed again to say that he needs to do an employment verification before our loan is approved. It's not a big deal since I am still employed by the same company and we have a specific phone number for this verification that he can call tomorrow, but is this normal? My understanding is that the loan is already approved and finalized. Shouldn't they have done this before we signed the papers and wired this huge amount of money? At what point do we know if our loan has gone through, once we get the keys?

    There's no real issue here, so apologies if this isn't the right forum for it, but I'm still trying to understand how this whole process works. Thanks!

    submitted by /u/painted_greenling
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    (CA) Landlord completely unresponsive with closing my lease, but replacement tenant has signed a lease to take over my spot. What can I do?

    Posted: 06 Jan 2021 01:00 PM PST

    I had to break my lease early but never got that in writing, as my landlord mainly communicates via text. I had told him about my situation, and he said I could find a replacement tenant. He said that, once I found someone to take over, he'd send me paperwork to close my lease officially. I asked if he needed the written notice, and he said no (probably my fault for not sending it in anyway). I found one to take over immediately, so I don't believe I have any dues moving forward (in terms of rent).

    It's been over two weeks since the new tenant moved in. Of course, I understand we just had the holidays and everything, but I've sent several texts and tried to call several times to no avail. I'm wondering how I can go about ensuring I get a response, especially because I'd like my deposit back. In CA, the landlord is required to return the deposit or send an invoice within 21 days of the lease closing.

    Would the best thing be to send my 30-day notice via writing now, and then wait for the 21-day period from then (basically, expect all of this to be sorted out within two months from now)? Or, legally speaking, is there no need for a written notice since there's a new tenant with a signed lease in the space, and should the 21 days have started from the new tenant's move-in date (for example, if the new tenant moved in December 24, then my landlord would be required to respond by January 12 or so)?

    I'm getting frustrated with the lack of communication, so I'm trying to see where I stand legally. If need be, I'm happy to talk to a lawyer (but would not like to escalate it to that).

    Thank you!

    EDIT: to specify, I'm in Los Angeles!

    submitted by /u/anothathrowaway00998
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    Help! Landlord notified me on January 2021 that they did not receive April 2020 rent.

    Posted: 06 Jan 2021 06:57 AM PST

    If I were to dispute this would I win the case?

    Situation: Houston, Texas. I received a notification from my landlord today Jan 6, 2021 that they did not receive payment for April 2020. However, they require a cashier's check and so the money is already out of my bank which is proven in the bank statements. They do not issue receipts or sign of anything as their social distancing policies. We drop off the payments through a deposit chamber in the resident center. I only have a bank statement from that month and a receipt/purchaser copy from the money service center but there's no way for me to prove that I dropped of the cashier's check nor can they prove that they did not receive it. What would be a good way to resolve this?

    Also if there's a better reddit to post this please let me know and I'll take it off here.

    submitted by /u/buliollukiki
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    (CA) How to obtain the video of my DUI arrest to present to my DMV hearing? (Serious)

    Posted: 06 Jan 2021 07:34 PM PST

    Let me be succinct:

    I got a DUI last year. Criminal Case is resolved. My Lawyer didn't know there was a refusal on the case, and to be honest, I didn't know either. Now my lawyer needed 1300 more to continue the case, and he said that there was a very low chance anyone ever wins a refusal unless the police officer doesn't warn them the consequences of refusing to take breathalyzer test.

    My lawyer said it wouldn't be a bad idea to go ahead and continue without me and represent mysely since I would lose anyway. He told me to download a subpeona form from the DMV website and show it to the police station. I did so, and the police station told me that MVARS form is all I need to be able to obtain the video. I fill it out and the police tell me they can't release the video to me because of privacy reasons (other calls on their radio and stuff). But, they let me go inside and watch it. They saidf the DMV can request it themselves if they want to see it.

    Low and behold, I asked the officer multiple times what the consequences of a refusal were and he kept telling me he wasn't going to tell me. He was completely in the wrong. I tell my DMV hearing officer and she says that this isn't evidence unless I can obtain the video. I said I am under oath, I am not lying. The hearing officer said that the officer's testimony is considered proof by the DMV since he is a police officer. I asked for more time and have been granted 30 more days to obtain the video.

    Help me please.

    submitted by /u/Antiochboy
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    I was evicted 3 years ago. I never lived there and was never notified of anything but now I can't get an apartment. What do I do?

    Posted: 06 Jan 2021 01:05 PM PST

    For context, I filled out paperwork to be added to a friend's lease in 2017 but it didn't work out ajd I never moved in. I was told at the time that because of that I was never added to the lease. Now while trying to get an apartment, I won't be approved because they were evicted and my name is included in the court case. I was never notified of anything -my name being on the lease, the eviction, or the court proceedings. I've been trying to get ahold of the apartment complex i was but they haven't returned my calls so far. What can I or should I do?

    Edit to add: I live in Wisconsin and always have.

    submitted by /u/ashleyisamess
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    Indiana Lease Question

    Posted: 06 Jan 2021 01:02 PM PST

    I have a signed lease for an apartment in Indiana that is supposed to start in a couple days. I am finding out now that there are problems with the previous tenant that could cause a potential delay in occupancy. There is a delay of occupancy clause in the lease that basically states "If the apartment isn't available on the specified start date, the lease is still in effect and lessor is not liable for damages related to unavailability, except reducing the rent in accordance with the time related to the delay of occupancy."

    I know this clause puts me in a bad spot, but my question is just how long this delay can last until I have some sort of grounds for breaking the lease. If it goes on for multiple weeks/a month does it change anything?

    submitted by /u/Lazy_Thief
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    A shipping forwarder mishandled thousands of dollars of my inventory. Do I have a small claim here?

    Posted: 06 Jan 2021 02:37 PM PST

    For context, I am based in NV and they are based in GA.

    I do online arbitrage (basically buying items in bulk from retailers/wholesalers and sell them on Amazon Prime). My standard process is: purchase inventory --> inventory arrives at location --> we package inventory --> we send it to Amazon warehouse --> Amazon sells our inventory and pays us back. This particular service handles most of the core steps to complete the process. I send purchased inventory to their address, they pack and handle it, then they ship it out to Amazon to be sold.

    I did some accounting and recently found most of my items sent to this company were not actually sent to Amazon. I have no idea what happened to them but I have recorded receipts of the items being sent to their address, delivery confirmation of it arriving at their address, and more documentation about how most of the shipments did not make it to Amazon to be sold. I also know my documentation is for the most part accurate because they have successfully shipped out items I sent them in the past and those results were easy to see because they showed up on the inventory page on Amazon Seller Central.

    From October forward most if not all of our shipments sent to their address in GA did not make it to Amazon to be sold, resulting in ~$5100 of inventory purchased to go missing. They did not update me on anything and the Amazon account itself has remained unprofitable because of this. I understand $5k may only be a small loss but considering I paid this company $500/month for several months only to just recently find out they weren't doing their job (either that or they grossly misplaced the inventory and still did not update me) for this account is worrisome.

    Do I have a claim here to recoup the inventory not accounted for? And do I have a claim to recoup the money spent on paying for their service? I paid via credit card and filed a chargeback for my last month, but I want to recoup the money all the way back to Oct 2020 when the shipments started to go missing en masse.

    submitted by /u/jbulldog
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    Texas- my sister lost her paycheck and it shows it was never cashed. Do they owe her a new paycheck?

    Posted: 06 Jan 2021 08:25 PM PST

    My sister works at a legal poker club in Texas. She worked for some time and received a paycheck. She signed out for her check. However some time later she lost it. The system shows the check was never cashed. She has tried many times to get the check back from the poker club to no avail. Are we able to contact the Texas workforce commission over this? Does she have any hope? Please and thank you so much

    submitted by /u/judgejudysvagina
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    My landlord won’t fix my apartment

    Posted: 06 Jan 2021 05:24 PM PST

    There is a window we have with a broken panel (not all the way through the window, one of the 2 panels has a softball size hole) and that bedroom is always freezing as I live in Michigan. Our patio slider door also leaks water really bad. We have lived in our apartment for about 5 months now, and our landlord kept saying he was going to fix it. Two months ago a new person bought our building so we have a new landlord. We have complained to him about the window and it's apparently been in back order for 5 months (I understand with Covid that everything is slow but this is ridiculous) We also have brought up the leaking door to the landlord multiple times with no resolution. Can I take legal action? I live in Shiawasee County in the state of Michigan

    Edit: The window was broken when we moved in, there are also some other misc things like door frames that need to be fixed that I don't know if the new landlord knows about

    submitted by /u/RockBoxedGames
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    [FL] My neighbor in my apartment community is being obsessively hateful towards me harassing me and I need help.

    Posted: 06 Jan 2021 06:21 PM PST

    Idk you guys but <3. : )

    Hate friend I love you if you love me.

    Friends I'm going to go to bed now. But if it's vibes, I'm down to meet and hug on each other tomorrow.

    I don't understand why so much hate! : S

    submitted by /u/Sensitive_Coconut493
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    [California]I took some things from work, best course of action.

    Posted: 05 Jan 2021 06:25 PM PST

    So I work in a service place that sells a couple retail items. At work we use this point of sale program and over time I found that it was easy to manipulate things ring up items for a discount etc. Anyways, I was able to ring up some retail items with a large discount and I mainly did this in order to boost up with retail sales since over a certain amount we would get a bonus.

    I found out that I was only 200 or so dollars off this mark. So I would ring up items at full price and apply the discount. I would still get credited for the full amount even with the discount applied. For example a $20 item with an $18 discount I would only pay $2 and taxes for it, but still get credited for $20. I won't say what the items were, but I can say that they're of no use to me, I just wanted to get the bonus that came with the "sale" of the item. At the end of the day the inventory amount would still be equal and the system would show as accurate. Except that my retail sales amount we up and I had several of these useless to me items.

    Fast forward to last week when my manager questioned me about said discount on 2 of those items. I apologized and offered to return them. He said to not worry about, but I returned them anyways ultimately confessing to applying the discount and getting the items for a cheaper price, however I did not tell him being that the reason why I did it was to get the bonus. The next couple of days I just see him digging further and further into the pile of invoices and pulling up invoices from a week ago when I started doing this and highlighting the amounts that seemed suspicious to him.

    Today, his boss came to visit in town and I suspect that he told him, since he was acting very secretly the entire day. After I clocked him, he proceeded to stay back a little longer to chit chat with him.

    Anything that I can do other than deny? I snuck back some items already without him knowing and even if I kept them the inventory would show accurate. I'm not sure what they can do, accuse me of theft? I understand I should of never done it in the first place and I do feel very guilty about it. But not sure how I can avoid trouble. Do I never show up to work again?

    submitted by /u/Physicsidiot2020
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    (IL) Bank is withholding insurance check to do home repairs 100k+

    Posted: 06 Jan 2021 02:59 PM PST

    A contract partner of mine for roof repair deposited an insurance check in the amount of 100k+ and received a deposit slip from the teller who took the check without question. The aforementioned check was made payable to the correct parties by the insurance company, the check was properly endorsed by all parties.

    My partner personally made the deposit at the Chase Bank located at an IL Branch. He was then told by several bank tellers at the aforementioned Chase Bank that the money had not been deposited. Then He was told in a meeting that the money was in fact deposited into the account and therefore the money cannot be sent back to the insurance company who wrote the check. (to try and void and get the check resent because of all the issues)

    My partner and the other parties involved have cooperated with Chase Bank on several occasions. On xx date we had a telephone meeting with a representative from Chase Bank, with all parties present and we all provided information and documents as requested.

    To date, My partner has not been able to retrieve any of those funds deposited. Myself and my Partner is unable to perform work that I was contracted to do for my customer I am losing business profits as a result of the mishandling of this matter.

    Edit* We can't void the check from the insurance side because they claim it was already cashed and cleared by the bank, but the bank is the one who has the funds. We are unsure as to why they are withholding it as all parties endorsed the back of the check, and we went through multiple avenues but every time we call in - it starts the process all over again

    What type of lawyer do I need or any other advice is highly appreciated - I am located in IL

    submitted by /u/ShadowtoLight
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    (Maine) can I pose as an insurance agent to attempt to get a confession?

    Posted: 06 Jan 2021 09:46 PM PST

    I was in a car accident a couple months ago where an elderly driver ran a red light and t-boned my car, totaling it. I've still been driving it, as the damage is largely cosmetic, but I can't get it inspected and it'll head for the scrapheap soon.

    There were no witnesses and even though the police report backs up what happened, the insurance company is still denying the claim on the grounds that it's a he said/she said.

    The other driver changed her story numerous times, and so I don't think it would be particularly difficult to discredit in court, but I'd like to skip that step if possible.

    Are there legal issues with me calling as I'd I'm an insurance agent from her company under the guise that I may be seeking to take them to court, and asking her questions about the accident in an attempt to get her to admit she ran the red light or at a minimum isn't sure that the light was green (it wasn't).

    If that's an issue, are there ways I can contact her and let her know that I'll be taking her to court and she should inform her insurance company of the truth so that we don't have to go to court?

    I'm not particularly interested in paying additional fees to go to court, and will if I have to, but if there's a way I can circumvent this through trickery or even appealing to get better human nature to come clean, that would be ideal.

    submitted by /u/justatossaway23
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    Update: Middle school forcing me to delete a homemade, personal project game site.

    Posted: 06 Jan 2021 09:46 PM PST

    Ok, follow up, 1 month late because this took a while to unfold. I was given a "detention" although none was ever recorded or added to my disciplinary record, and it was hardly a detention. I was sent to the tech office, they asked how I did it and laughed, saying they would have done the same and see no problem in my actions, gave my chromebook a dust with compressed air because they noticed it was running hot, and sent me on my way, and I kept the site up, and the principal hasn't said a word, I think the whole thing was a scare tactic, but I formally contacted the school with a friend's lawyer parent help and was never graced with a response, but I assume they just realized that a scare-tactic like this wasn't going to work, and just stopped trying. Happy ending I guess,thanks for the advice and sorry for the SUPER late response, :D.

    Link to original post: https://www.reddit.com/r/legaladvice/comments/k8sd17/middle_school_forcing_me_to_take_down_a_website/?utm_source=share&utm_medium=web2x&context=3

    submitted by /u/throwawayaccount6132
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