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District of Columbia Questions & Answers
1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: IF DEFENDANT DOES NOT FILE AN ANSWER/APPEARANCE IN A FEDERAL SUIT AFTER 30DAYS, CAN PLAINTIFF FILE FOR RULING/STATUE?

WHAT IS THE FEDERAL RULES AND PROCEDURE ON FILING FOR RULING ON DEFENDANTS FAILING TO RESPOND?

Mark Oakley
Mark Oakley answered on Sep 12, 2021

Rule 55 Motion for Default for failure to plead or answer the complaint after proper service of process. Be aware that you may succeed in having default judgment entered on issues of liability, but damages will still have to be proven. Furthermore, defaults for failure to timey file a respnsive... Read more »

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can I press charges on someone who sent a zoom court call recording to another person who wasn’t involved in the case?

zoom court hearing recording was sent to someone who wasn’t the party involved. The recording was sent to me by someone who wasn’t involved and was sent to them by the person who was involved in the case.

Mark Oakley
Mark Oakley answered on Sep 12, 2021

It seems to me, the appropriate party to complain to is the court itself, since the offense, if any, was a violation of court rules established to protect the court process. You (or your lawyer) should provide the evidence of the improper party's involvement in the hearing and recording of it... Read more »

2 Answers | Asked in Personal Injury for District of Columbia on
Q: Hello, if someone living in another country commits a crime against me, can I sue them?

the crime wasn't considered so in their country, but breaks most laws in other places. Can I sue them in EU countries, UK or USA?

Mark Oakley
Mark Oakley answered on Sep 12, 2021

You posted this as a personal injury question, and appear to be looking to sue based on conduct that would be a crime here if committed here, but the conduct was committed in a foreign country where it is not a crime. Not all crimes give rise to a civil cause of action. Criminal prosecution can... Read more »

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2 Answers | Asked in Probate and Real Estate Law for District of Columbia on
Q: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell
Richard Sternberg
Richard Sternberg answered on Sep 6, 2021

Query: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell?

Yes. In the District of Columbia, title passes on death to the estate, so the easiest way to confer title is by opening a. ADM private estate. There is a cute...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Can I evict holdover tenants in DC without waiting for 60 days after the moratorium?

My tenants are now considered holdover tenants and I want possession of property because I don’t want to rent any more and there are certain time lines for evictions in DC.

My understanding is 30 days wait/ 30 days notice to quit then eviction.

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Your understanding is incorrect. You are not at the same kind of risk if you give proper 30-day notice and then file suit. That will merely be dismissed. But, if you attempt self-help, you are at grave risk. Buy a consult with a lawyer. For starters, it's a 90-day notice. Next, if the property... Read more »

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Holdover tenant eviction process after DC moratorium?

I have disgruntle non-communicating holdover tenants with only one name is on the non-renewal lease. I am not accepting any more rent and would like for them to leave. Do I still need to wait the 60 days after the moratorium ends to file. I don’t intend ever to use property for rental again. The... Read more »

Steven Krieger
Steven Krieger answered on Jul 25, 2021

Take the rent money. You still need to wait after the moratorium. Holding over is not a valid basis to evict in DC, but you can evict if you plan to use the property for personal use. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Do I need to wait until moratorium ends on July 26 to file for eviction of holdover tenants?

The DC gov. have had 2 extensions on moratoriums and I have notified my tenant twice in writing to vacate at end of lease on July 1,2021

Steven Krieger
Steven Krieger answered on Jul 19, 2021

Yes. If you try to provide notice or file with the court before the moratorium ends, the court will either reject the filing now or reject it later. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Personal Injury for District of Columbia on
Q: What state jurisdiction does revenge porn fall in if posted about American Citizen but in Mexico.

I had a fling for a couple of months in Mexico. I am an American living in DC and he is a Canadian. We fooled around and filmed it, I don't have a copy of the video. I noticed he posted it on his Only Fans without my explicit consent. He did crop my face out of the video and blur out both my... Read more »

Mark Oakley
Mark Oakley answered on Apr 17, 2021

The video appears to have been consensually made, so in most jurisdiction the mere creation of the video would not be a crime. You would need to ask a lawyer in Mexico whether that country prohibits the making of sexually explicit videos when both parties consent. Otherwise, it would not be... Read more »

1 Answer | Asked in Criminal Law, Internet Law, Libel & Slander and White Collar Crime for District of Columbia on
Q: if someone were to make deepfake of both video and audio version of me, would that count as impersonation?

if somebody, were to make deepfake videos, and deepfake audio of me, with the intent of malicious intent of harming my reputation, would that count as impersonation?

Mark Oakley
Mark Oakley answered on Apr 17, 2021

It might be many things, depending on the facts. First, DC and Virginia are "one-party" audio recording jurisdictions, where only one person (the recorder) needs to consent to it, unlike in Maryland where it is illegal to make an audio recording of someone else without their actual... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I want to block online search results of my immigration case decision details issued by the appeals court

for safety and privacy concerns, what is the best option, or any attorney who can petition the court?

Kevin L Dixler
Kevin L Dixler answered on Apr 14, 2021

If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!

If not, then it suggests that you were successful in getting relief, so you should...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for District of Columbia on
Q: What is the impact of Appellant's Representative's Notice of Withdrawal of Counsel on an ongoing case?

My lawyer decided to stop representing me in a case with OPM, does the judge have to approve it or let them off the hook?

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Apr 8, 2021

The judge will consider the Motion to Withdraw. He or she will consider the reasons for the Motion, then make a decision of the Motion. The attorney who made the Motion still represents, you until the Motion to Withdraw is granted and ordered by the judges.

1 Answer | Asked in Probate for District of Columbia on
Q: Can a executor of an estate awarded by the courts sell Realestate property that is in litigation

Lawsuit was brought by a boyfriend claiming common law . The case is in litigation but there is not a court order to stop anything

Mark Oakley
Mark Oakley answered on Mar 16, 2021

Common law spousal rights may give rise to a claim to a share of the estate, but it does not change title to real estate, so the Estate can sell the real estate and collect the sales proceeds into an estate account for eventual distribution to the heirs/legatees. in order to claim a share of the... Read more »

1 Answer | Asked in Estate Planning for District of Columbia on
Q: If you are the power of attorney for a family member and they pass away what should I do next in the Washington Dc area

In the state of Maryland they have a Will office in District Court but I can't find an office like that in Washington Dc

Mark Oakley
Mark Oakley answered on Mar 16, 2021

Upon death, the power of attorney terminates and there is no authority to act on behalf of the decedent's assets. Only the Personal Representative of the Estate can act and access the estate assets, and then only for the purpose of administering the estate and distributing the assets to the... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I am a student studying under an F-1 visa and want to visit my my home country. Will I be allowed back into the US?

What circumstances would cause me to be not allowed back into the US after traveling back to my home country, and has COVID-19 made it more difficult to return if I have been vaccinated.

Agnes Jury
Agnes Jury answered on Mar 15, 2021

It depends what country you are from. You should look at the Dept of State's website for current COVID related restrictions. See: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

But you should also consult with an immigration attorney if you...
Read more »

1 Answer | Asked in Wrongful Death and Personal Injury for District of Columbia on
Q: I was only 3 when this happened to my dad.. I’m now 34 could I reopen this case
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

No, but why not get a second opinion? Courts will not reopen statute of limitation cases unless there has been some very significant and unique issue. If , for instance, police actually hid evidence that might be the basis to reopen, but I doubt it. But ask some DC attorneys or attorneys from the... Read more »

1 Answer | Asked in Contracts for District of Columbia on
Q: i have a default judgement in washington dc, over ten years old. what is the statue of limitations?
Steven Krieger
Steven Krieger answered on Feb 16, 2021

12 years to enforce the judgment. See this code section: https://code.dccouncil.us/dc/council/code/sections/15-101.html

Hope that helps.

Steven

1 Answer | Asked in Employment Law for District of Columbia on
Q: Washington DC employer refuses employment verification.

Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... Read more »

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Feb 2, 2021

It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: My husband died intestate. My son is 4. Can I transfer the deed for the condo on his name (my name isn't on the deed).

Most of the estate's value is the equity on the condo (cca 150 000 dollars. The home value is cca 520 000). According to that, my son's 1/3 should be 50 000 dollars. I am currently unemployed, but I have enough assets to keep paying the mortgage for some time until I hopefully find the... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 21, 2021

By opening a probate estate, you can transfer or sell anything in your late husband's estate. What I don't understand is how you would be solving your economic problem by re-titling the home to your four-year old son. Once re-titled to him fully, it might be much more difficult to sell it... Read more »

3 Answers | Asked in Bankruptcy for District of Columbia on
Q: I filed chapter 13 December 3,2020. A creditor/credit union debited my account 7 days prior.How do I recover those fund

I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 5, 2021

Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".

But that's not true about secured claims (debts secured by collateral).

Credit unions...
Read more »

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1 Answer | Asked in Family Law for District of Columbia on
Q: can past charges of fictitious name to officer forgery and false documents be used to discredit in a protection order

false protection order on me. final hearing in 2 days i cant get attorney. she has no police reports or evidence. her aunt may witness on her behalf and lie. can i use her past criminal history to discredit her testimony? forging priv. documents, fictitious name to avoid pro....fraudulent documents.

Mark Oakley
Mark Oakley answered on Dec 22, 2020

You can do so if they are convictions, and you obtain certified copies of the convictions from the court, or perhaps if the convictions occurred in the same court you are appearing in on the protective order, you can reference those cases by case number and the court can check the dockets if they... Read more »

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