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    Monday, February 1, 2021

    Legal Advice - I have been working remotely since march of 2020, I am moving to another state and my employer wants me to resign. State is MA.

    Legal Advice - I have been working remotely since march of 2020, I am moving to another state and my employer wants me to resign. State is MA.


    I have been working remotely since march of 2020, I am moving to another state and my employer wants me to resign. State is MA.

    Posted: 01 Feb 2021 08:52 AM PST

    Hello,

    I am not sure how to approach this situation. I work in IT and my job has been remote since march of 2020 due to covid. My productivity has not suffered and everything has been great. My partner has a new position at their job that requires relocating to another state. I notified my employer and they want me to resign, probably because of tax obligations in another state. My boss does not want to lose me, but HR is pressuring me to resign.

    Am I forced to resign? Or should I wait for them to fire me? Will I be eligible for unemployment in either case?

    How should I create a paper/email trail to best protect myself?

    submitted by /u/jaketehpwner
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    On unemployment, company wants to 'rehire'. Found out they were giving bad references to companies doing reference checks for my current job search.

    Posted: 01 Feb 2021 05:14 PM PST

    I'm located in Southern California.

    This an extension to my last question here.

    My previous employer laid me off due to the pandemic affecting their sales. They recently tried to rehire me and we are currently in the process of negotiating the terms and the job. I did a check through a law firm that pretends to be a company to see what the last employer is saying to employers about an individual. The reference checking firm was very proactive and thorough, and they quickly learned that both the office manager and the owner of the company were leaving very negative reviews with the person doing the reference check. Both the owner of the company and the office manager specifically say in their recorded statements not to hire me. I am currently going through the process of sending cease and desist letters offered by the same reference checking firm.

    Is it illegal if my last employer is offering me work (as 1099 contractor) but at the same time giving me a bad reference to other employers inquiring about me? I really want to get off unemployment and get back to work and I've been really trying for the last 5 months but I think these bad references are screwing me over.

    The owner of the company asked the person I hired to do the reference check to keep the conversation confidential. The law firm marked the document confidential at the top. Can I still use the recorded events in court if I have to appeal through unemployment?

    Thanks in advance for any advice.

    submitted by /u/Discombobulated-Sir7
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    My manager said it's a fireable offense to talk about wages, I know that can't be right.

    Posted: 01 Feb 2021 08:55 AM PST

    Just had my first meeting at my new job that I've been at for nearly a month and the manager brought up that it is a fireable offense to discuss wages.

    "You will be fired." was the statement he made before noting that it was in the contracts we signed as employees. This really threw me for a loop because as the spawn of a lawyer I take it upon myself to thoroughly go through contracts of any and all kinds that I sign.

    Some of the kitchen staff quickly chimed in and mentioned how it was illegal to fire or even simply reprimand someone for discussing wages, but the manager restated it's in the contracts and that he just didn't want any issues with people being upset about how much others might make.

    I plan on trying to get a copy of the contract again (I know I should have asked for a copy when I signed, I'm kicking myself but I've had 5+ jobs over this pandemic so I'm pretty over it right now.)

    Aside from getting a copy and looking it over, is there anything I should do? I'm planning on speaking to my father (the lawyer) soon as well but I know he's busy at this time.

    Edit: apologies to everyone, I'm in the USA in CO. I also talked with a management recently, when he said contract, he meant the employee handbook and there was no statement regarding discussion of wages.

    submitted by /u/crysindolphin
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    Wrongly Fined by HOA, Legal Recourse?

    Posted: 01 Feb 2021 04:51 PM PST

    Located in TX. The community HOA sent a letter alerting me I had violated the R&R by propping open a gate, and are fining me $500. Per their notice, I asked how they arrived at this conclusion and for details of the originating complaint. One of the board members had apparently seen my son use a bag of mulch to prop it open, which can't be true as my son was at work during the board member's recollection. After asking her to describe my son's appearance, she had a completely different recollection of any identifying features (dreads in hair, etc). The only common thread is that the offender and my son are both black. I brought this up again during appeal, and the board believed her word against mine. I have brought an additional signed document with a timesheet from my son's place of work, stating he was indeed at work during the time of the violation. The HOA will not budge.

    I have asked for minutes relating to this discussion, and they replied with "the matter was discussed during Executive Session, and is thus confidential."

    Where do I go from here? I am being fined for a board member misidentifying my son on the basis of race.

    submitted by /u/curiousgeorge18776
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    Ex Wife has joined 3 online guilds in Final Fantasy while she has a RO against me. Do online interactions in a video game count as a restraining order violation if I do not respond?

    Posted: 01 Feb 2021 07:05 PM PST

    I got divorced a year ago. During the divorce proceedings my wife got a restraining order against me. Was based off of lies and wont go into specifics other than my lawyer says it has no chance of being renewed past the 2 year cut off.

    In the meantime my ex wife is trying to force me to violate the order by joining the same guilds I join in Final Fantasy.

    The first month after the order went into effect, I left the free company, or guild, on advice of my lawyer as we both used voice chat quite heavily.

    I joined a new group and she followed very soon after. I was talking to random people in discord and she joined saying I better leave or I will violate the restraining order.

    Since I had been there for a week, I just left. I change my character name and left the data center so our characters could never interact.

    I form my own group with some friends who came with me and we grow to be kinda big, talking 250ish members with 20-30 online in discord at a time. Im in discord one day and she joins me and my two RL freinds chat. "Oh guess you need a new guild." First thing she says. My friend says some things which I will not repeat here and says its his discord and bans her. I boot her from the guild and close recruitment so she cant get back in.

    I call my lawyer and... well he doesn't really understand any of that and suggested I just stop playing Final Fantasy. Thats not gonna happen.

    I asked him about the harassment from her and he said this would be very hard to prove unless we had it recorded. Which we do not have any recordings of these interactions. All we have is a character name in Final Fantasy and the word of my best friend since 5th grade.

    My lawyer says I just need to stop playing Final Fantasy and to not try and trap her into getting on voice as that will be proof of me violating the order. He doesn't fully understand what discord is but says that if I knowingly converse with her through it I definitely violate the order.

    All of my friends are on the look out for her as she has followed me to 3 FCs in ffxiv now and the 3rd is one I am the leader of. I don't plan to quit but I want to make sure I am covered. We also implemented a minimum level rule to be in the FC. So she cant just make a new character and join right away. She would have to level up to at least 75 first.

    First question. If she follows my character around and stays just shy of violating SE TOS, meaning I cant just call a GM on her, would that violate the restraining order?

    Second. If she rejoins on another account in discord and I unknowningly talk to others while she is in there, does this violate the order? My lawyer had no clue what discord is and answered this question with "Just make sure not to call her on the phone."

    The 2 year mark for the RO is in September. My lawyer has said if it gets extended, he wold be flabbergasted as it would be highly irregular.

    This is in Texas.

    submitted by /u/homenotmyownanymore1
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    I bought a house with my brother who has developed some mental illness over the years.

    Posted: 01 Feb 2021 07:23 PM PST

    Canada

    I bought a house with my brother 7 years ago. We live in our separate quarters (multigenerational). Over the years he has developed some mental illnesses and started hoarding stuff. He also went bankrupt. I would consider his place unhealthy. The last time I was able to have a peek inside, there was some dog excrement on the floor that was stepped on over and over, there was rotting food all over the place, including in his bed. The reason I peeked inside it is because of the smell that was creeping trough the walls and floor. I wasn't able to see the inside of his place since mid 2020. His garbage bin hasn't move since the beginning of winter, I believe the trash is pilling up inside. He is part of a cult called the Jehovah's witnesses and he stopped communicating with me a while ago since "I'm a bad person".

    Any advice, what can I do?

    Thank you

    (English in not my first language, thank you for your comprehension)

    submitted by /u/random_bloop
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    Can I refuse to take the store keys unless my boss gives me the keyholder position?

    Posted: 01 Feb 2021 06:34 AM PST

    I work for a retailer in the "hardware" industry in Ontario, Canada. They are a huge company in the USA with thousands of retail stores, similar in Canada but not as big.

    I have been working at my location since August 2020 and I am maybe the only PT employee who isn't in school or on an immigration visa so I can work the most hours. I also drive and live near by so I work early shifts often.

    Every store has a Manager and an assistant who have keys, any other employee who opens or closes would be a key holder and get a raise to reflect that. In fact I initially applied to this company for a key holder position in another city but transferred mid application process to this non keyholder position instead because it was close to home. The keyholder job I applied for was offering $17 / hour. I get paid $15.50 including the extra pandemic buck for being essential.

    The store has started scheduling me for Saturday's and Sundays open to close and has also asked me a few times to open during the week when manager have been out sick. Each time it s "one time thing" "just take the keys cause you need them this time". Neither of the managers ever work weekend.

    I have asked my managers to make me a third keyholder and they say they are "working on it" and need to convince their managers that one is needed. I have been warned that if the district manager doesn't think we need one then I won't get it.

    There is a lot of responsibility with being a key holder, our store is located in a rougher part of the city and isn't fun to be around at 7am or 9pm alone. If you don't need to be a keyholder to earn the responsibility of carrying the keys and locking up the building, why does the title exist?

    Can I refuse to take the store keys without getting an official keyholder position(and the raise it comes with)?

    submitted by /u/inkedinpink
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    I didnt sign a rental agreement for 4 years.

    Posted: 01 Feb 2021 08:43 PM PST

    The tenant has been living in my home for 4 years and has had access to my Hulu and Netflix profiles, She is leaving after eviction time goes away, She has continued to use the her profile on my streaming account that I pay for, She has stated that it is, "landlord harassment" to change my password to my streaming account that she has access to and has a profile on that she doesn't pay for.

    And: She hasn't made any moves to leave the property yet, We signed no contract and shes lived here for 4 years and I know she does Methamphetamine on the premises, and other narcotics, Can I evict her sooner rather then after the rental eviction notice in washington is gone? She pays rent but harasses me through texts.

    submitted by /u/TourAffectionate4000
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    Step father took vehicle title transfer and is now the owner of my vehcile?

    Posted: 01 Feb 2021 09:26 PM PST

    In May 2019, I got a Transfer Title to give a vehicle to my step dad. He never filed it, but the vehicle has been parked in his driveway since. In late October 2020, a lot of stuff came to light about him being abusive to my mom, and she left him. I went to get the titles for all of my vehicles today, including for the vehicle in question, but the owner is listed as my step father and the acquisition is dated for November 2020, just a few weeks after she left. I was never paid for the vehicle, and because he never filed, I thought the vehicle would still be in my name. Is there any way I can get the vehicle back?

    Edit to add, location is Minnesota.

    submitted by /u/didd1y_squat
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    Can a previous employer send false info to a new employer?

    Posted: 01 Feb 2021 12:23 PM PST

    I have been working for a company for 8 months and have recently found another job. I turned in my 2 week written notice. However today, I get a call from my future boss at the new company stating that HR from my old company contacted her stating that I have "quit without notice" and "walked off the job". I get this call while I'm at work at the old job finishing my 2 week notice. So this is a lie. I confronted my manager about this claim and she brings up my work while there stating I'm lazy and rude and she doesn't like me. Okay, I'm leaving anyway. That said, the new boss is now saying she needs time to contemplate my offer due to this "drama". WHICH IS A LIE. Is there anything legal I can do about this?

    Also, my current employer found out where I was moving to because she checked my work emails and found my offer letter in my inbox and used that email to contact the new employer.

    I am in TN.

    submitted by /u/blahblahbystander
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    I'm being wrongfully accused of sexual harassment, need advice. TX

    Posted: 01 Feb 2021 08:55 PM PST

    I know what you are thinking. "Who has ever outright admitted that they were correctly accused of sexual harassment?" My situation is a result of a consensual office relationship turned sour, and the female is using sexual harassment as a retaliatory action.

    I have, what feels to me, like good enough evidence that it was consensual before and after the claimed sexual harassment, but the company seems to be dismissive of my evidence and story.

    Questions:

    What should I do in this case?

    Can anyone recommend or refer me to someone who can give me a consultation in the greater Houston area?

    submitted by /u/ZecksMarquis
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    How much excess adderall (legally prescribed to me) is too much to have in my possession?

    Posted: 01 Feb 2021 08:53 PM PST

    Location is Texas. I have been formally diagnosed with ADHD for 15 years, and have been taking medication for that long. I recently was cleaning and I discovered that I have an 18-month supply from the accumulation of occasionally forgetting to take my medicine over the years. I have all of the original bottles that have the prescription label. Are there any legalities I should worry about if I keep the entire supply? I would never sell it or give it out, but it's nice to know I'm ok in case i forget to get my prescription filled. Could i be in trouble if law enforcement ever somehow found out about my surplus? How many excess pills is it okay to have in my possession?

    submitted by /u/AdGroundbreaking1812
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    My father owns a home that his original loaner tried to illegally foreclose and sell to another loaner; our county and lawyers stopped this and we kept our home, but 10 years later the loaner who tried to buy the house off of the original loaner has their name on the title

    Posted: 01 Feb 2021 11:58 AM PST

    We are in Denver, CO, USA.

    We believe that the original loaner was in the process of selling the home to another loaner when Denver county denied the request. After lots of legalities, the house was returned to my father and we were allowed to move back in. This happened in 2011.

    [My father has been thinking about selling the home since most his children moved out. He got an agent to help with options.]* What's strange is that the agent helping my father told him that the loaner who tried buying the house 10 years ago is somehow on the title, even though the sale was canceled.

    How would we go by removing the loaner off of the title? Personally contacting the loan company? Contacting the county of Denver? I'm a little confused. Any direction would help a ton. Thank you.

    Edit []*

    submitted by /u/ParallelTony
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    Is it illegal to go door to door offering to buy things from people?

    Posted: 01 Feb 2021 08:30 PM PST

    I have a business idea. The idea isn't to go door to door offering a service that a customer pays for, but going door to door offering to buy unwanted clothes from people. Is this soliciting? Is it illegal? I wouldn't knock on people's doors, the idea is to put flyers on doors. All advice is appreciated.

    submitted by /u/Chasp203
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    Sun beam reflected from windows melts cars parked at a apartment's parking lot

    Posted: 01 Feb 2021 05:29 PM PST

    Hi! I live in apartment complex with a parking lot. US, Houston. Sunbeam reflected from 2nd floor windows melts cars parked at the parking lot inside complex. As a result quite a number of cars has plastic molding melted. Around month ago we reported the issue to the leasing office including senior management ( director and property manager of the managing company ). All is official, via email. I've put a lot of pictures and videos as an evidence, including a fire department report that states that one car had been damaged due to a reflected sunbeam. My damage is not that bad, but it is still frustrating not to park close to my apartment, now I have to park at a shadowed zone. Also an absence of any official response is frustrating as well ... Some tenants have reported their damaged cars too. So far the leasing office has only put wooden cones to prevent parking at the areas where reflected sunbeam could affect cars. They have never acknowledged the problem officially.

    Any advice on this situation?

    PS. IMHO from the technical point of view the situation is pretty well explained here - https://whdh.com/news/hank-investigates-melting-car-mystery/

    submitted by /u/melezhik
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    Workplace deliberately hires and exploit international students, can I report without getting students in trouble?

    Posted: 01 Feb 2021 08:30 PM PST

    This is in WA.

    I recently got hired part-time at this drink shop. At the start, it did feel pretty shady. During my interview, the owner straight up said if we went past our scheduled shifts, we weren't paid past that time unless we went 30 minutes over and I'd only be paid 75% of my wage during training.

    I thought "Ok, that sucks, but I think I've heard of some places that do that."

    However, I found out so much more about them.

    During the last couple weeks, I found out from my coworker they were paid 5 dollars below minimum wage, and was paid only $4/hr while they were training, because they're an international student. I searched it up, and international students aren't allowed to work off-campus jobs unless it's related to their major according to the terms of their visa, so them working there was illegal. So the owners have been underpaying them and they know my coworker can't say anything about it.

    On top of that:

    • They take ALL the cash tips for themselves, or put it back in the register.
    • They buy some expired ingredients in bulk to save up on money
    • We don't have a clock in/clock out system. I asked once if we were supposed to, and my coworker said they just come in and start working.
    • They never throw out drink bases that never get ordered, there's a milk jug of coffee for one of our drinks that's been in there for two months
    • One coworker of mine said their sibling worked alongside them, but quit after a couple of days because the owner got frustrated with them, wrapped her hand around their waist, dug her nails in, and pushed them away, all while shaming them for "not knowing how to do basic things"

    Obviously I want to report the business, but I don't want to risk revoking the visas of the other international students that work there. For a lot of them, they're doing it to save up for other siblings who want to study abroad. I think there's like 5-7 other international students working there. If they quit, would they be in the clear? Where would I even start with reporting them? Is it even possible to do it without getting the international students in trouble?

    submitted by /u/shadyplace_1875
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    Should I fight my speeding ticket? Please help

    Posted: 01 Feb 2021 08:14 PM PST

    I live in Colorado and was pulled over today on my way home for lunch. I'm thinking about fighting it but there are a couple of things that I'm second guessing based on the interaction. I was on the toll road which is normally 75 MPH limit, which most people usually go 10+ miles over. I had just gotten on the toll road and within a mile quickly came up behind a state trooper car and started to slow down significantly because he was going close to 65. TBH I don't remember how fast I was going but it was between 75-85 MPH to keep up with the normal flow of traffic.

    As soon as I came up behind him he pulled to shoulder and I moved to the center lane. He then quickly got behind me followed for a few seconds and put on his lights. Before he pulled behind me I was going closer to 65.

    When I pulled and parked on the shoulder of the road, and he came up to my window I asked why I was being stopped. He said that I was going 82 in a 65 mph in a construction zone.

    Now there are construction signs in the road but there was no construction at all, there hasn't been for a bit.

    When he asked me why I was speeding I said "I didn't see a sign for 65 mph". He asked me which entrance I came in on and when I told him he said there's a sign as soon as I get on from there. I genuinely couldn't remember and I didn't want to make things worse so I didn't argue.

    He took my license and insurance, and came back saying I have a really good driving record so what was going to be over a $600 fine and several points off my license he changed the speed limit on the ticket to 74 in a 65 and didn't mark construction zone on it, bringing the fine down to $103 and only 1 point off my license.

    The last thing he said was that he gets a lot of people going over 80 because people still think it's 75 and I said "I guess that's why I went so fast because normally people are passing me".

    I left. I later had to go back down the same exact stretch of road and noticed that even though there were construction signs, there really wasn't any speed limit signs saying it was 65. There were a total of two speed limit signs on that short stretch and both were for 75 mph.

    Now here's the things I keep over thinking, - do troopers where body cams and if they do does me not denying the speed that he originally claimed look bad? I really don't know how fast I was going at my top speed but it wasn't much faster than anyone else at the time. - he claimed I was going 82 but wrote 74 on the ticket so would I just fight the 74? And can he change it back to 82 in court? - is it possible to clock someone's speed when they are behind you? How accurate is this - it seems weird that he changed it from 82 to 74 on the ticket - if I really was going 82, then I technically was still speeding in a construction zone where fines do double, but again, he wrote 74.

    After I got home from work my husband drove me back down that road and I recorded that whole stretch to show that (same day) there were no speed limit signs saying 65.

    I didn't mean to write such a long posts, I'm just trying to decide what's best because $103 and 1 point on my license really isn't a HUGE deal. I don't want to deal with the court stuff if there's a chance the trooper could come back and say 82 in a construction zone and I somehow get a worse outcome. Please help

    submitted by /u/Themermaid81
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    My dog was killed by another dog 'by accident'

    Posted: 01 Feb 2021 03:51 PM PST

    Hello there, I will try to keep this story short and I hope you can give me some usefull advices. Sorry for spelling, english isn't my first language. For the purpuse of the story, I'm from Romania.

    My mother was with my dog outside this morning (who was in leash and a pretty small breed) when, a neighbour's dog (an german sheppard kind) 'escaped by his feet' and mortally injured my dog. Thing is, this isn't dog's first incident, there are eyewitnesses in all cases who can confirm this.

    My mother went to the police to file a criminal complaint after this, hopping we can solve this one way or another.

    My question is, what should I do, what I can legally do about this incident, is there a way to hold the owner accountable for this?

    Thank you and please, help me with any kind of advice on how to approach this!

    submitted by /u/Fenriz_Isengard
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    [NC] University threatening to press charges over pocket knife

    Posted: 01 Feb 2021 09:15 AM PST

    I accidentally left my pocket knife on a bench in the mail room after opening mail. It was found by a university that staff member, but apparently the pocket knife constitutes as a weapon because it's just over three inches? I have a pre-hearing about the "incident" this Wednesday. Is there anything specific I should say or do? I'm risking expulsion and getting kicked out of the dorms so I'm freaking out.

    submitted by /u/Myosonami
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    Unwilling to claim property as an heir

    Posted: 01 Feb 2021 07:51 AM PST

    Hi everyone, first time posting and totally legally illiterate, so thanks for your patience. My mother passed away about a year and a half ago. She and I were estranged, and she had no will. As a result, her house was left to me by default as her kid - something I didn't know about until my uncle called me to tell me!

    I spoke to the city code enforcement person because the house has just been kind of sitting there in relative disrepair (also accruing taxes). Now, to make a very long story short, I would prefer to leave the house to her brother, my uncle, so he can set aside some money for my young cousin. I tried looking through the NH forms of estate and stuff but my eyes crossed. Is there a painless way I can sign the property over to him? Is this something I absolutely need a lawyer for?

    Thanks so much for your time. I appreciate any thoughts!

    submitted by /u/Lukhaii
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    Need to get a court order declaring next of kin as rightful inheritor of personal information

    Posted: 01 Feb 2021 08:07 PM PST

    I'm helping out a friend in California whose brother just died of COVID. He was divorced and didn't leave a will.

    My friend wants to be able to access the photos and files on his iPhone. I talked to Apple and they sent me a document explaining that to do this:

    we ask that the person's next of kin obtain a court order that names them as the rightful inheritor of their loved one's personal information. We ask that the court order specify: The name and Apple ID of the deceased person. The name of the next of kin who is requesting access to the decedent's account. That the decedent was the user of all accounts associated with the Apple ID. That the requestor is the decedent's legal personal representative, agent, or heir, whose authorization constitutes "lawful consent." That Apple is ordered by the court to assist in the provision of access to the decedent's information from the deceased person's accounts.

    Is this a matter of filling out a particular form and filing it with the court or does she have to actually get a lawyer and go to court to do this?

    submitted by /u/oswaler
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    Terrible landlord attempting to terminate lease

    Posted: 01 Feb 2021 08:04 PM PST

    My landlord is attempting to terminate my lease here in the state of Nebraska. I understand that this is a loophole for the CDC's moratorium, but the unconditional notice to quit he served was:

    1) placed inside our residence without a 24 hour notice. 2) 7 day notice to quit, rather than what the Nebraska tenancy laws say at a 14 day notice.

    He is coming tomorrow with a sherif or at least that is what he said and I had informed him that Nebraska requires 14 days instead of 7. What can I do to tomorrow morning when he shows up? Is he in the right at all with this? Thank you in advance!

    submitted by /u/OS_Cago
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