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answered on Jun 2, 2011
This depends on several circumstances. In a Chapter 13 bankruptcy the trustee is likely going to want to make sure that you can make the monthly payments and that the creditors are not being deprived of assets they would be entitled to. If the creditors are being paid in full through the... View More
answered on Jun 2, 2011
Draftin a document to be filed for someone else could be construed as the unauthorized (i.e. unlicensed) practice of law.
answered on Jun 2, 2011
Yes, you should consult a lawyer. While it is possible to handle a case on your own, it sounds like you are being sued in Circuit Court, in which case there is probably a good bit of money on the line. A lawyer can help you get the best out of the situation.
answered on May 18, 2011
One is likely able to bring up a past conviction for child molestation, and almost certainly should, but the weight the court will give to the conviction will depend on various circumstances.
answered on May 18, 2011
If one's spouse is the only person that signed the loan agreement, and it was prior to marriage, and there has been no new agreement and no transfer of the title to joint ownership, then generally one would not be liable to pay the balance due, but the creditor will probably be able to... View More
I am in unsecured debt for about $34, and just lost my job. I am in a debt management plan now and will not be able to make that high payment. They will not work with me. Is bankruptcy my only answer?
answered on May 18, 2011
This depends on a number of factors, such as if the creditors are willing to work the debtor, what the prospects of getting a job in the near future are, etc. There is also the question of whether one qualifies for bankruptcy. Because one part of the test looks at your income over the last six... View More
answered on May 2, 2011
A class 3 misdemeanor carries with it a maximum penalty of $500, and it will be a permanent part of your record. Having a lawyer on your side is always good idea. Without knowing specifics, it is impossible how a lawyer might help you specifically, but a lawyer should help you get the best out of... View More
answered on Apr 26, 2011
It is always good to have an attorney present before you go into courtroom. They have the training to help make the best of the situation, even perhaps having the matter dropped or a favorable plea agreement worked out by the time you appear in front of the judge. Remember, the attorney on the... View More
answered on Apr 26, 2011
This depends largely on the circumstances and the gravity of the alleged act. You should certain consider consulting a lawyer in person.
answered on Apr 25, 2011
There are some circustances in which the police can go through a Blackberry without a warrant, such as if one gave them permission, but the real question often is what can one do if the police have done so. One might be able to keep any evidence they discovered out of the courts through a motion... View More
answered on Apr 25, 2011
Though the name change often happens in conjunction with a marriage, there are very few limits on what one can and cannot do with respect to changing their name (or keeping a name they legally have now).
answered on Apr 25, 2011
This depends on what the substance was, how much one had, and several other factors.
answered on Apr 25, 2011
This depends in part on when the obligation was entered into (before or after the corporation was purged) and what sort of debts they are. Some debts, particularly obligations to pay certain taxes, can bind officers of a corporation. Also, if the corporation was purged and did not exist at the... View More
It is due to my partner being out on FMLA leave and without that income being unable to pay our rent and car payments etc.
answered on Mar 18, 2011
This depends on the circumstances, such as whether you are looking at chapter 13 or chapter 7 bankruptcy, what you intend to do with regard to the car through the bankruptcy, etc. Generally speaking, though, 401K loans are not treated as true loans in bankruptcy, so you will have to repay it... View More
answered on Mar 14, 2011
Depending on the circumstances and the extent of the injuries, the person could be charged with anything from battery to attempted murder, but that will be largely up to the Commonwealth Attorney after the police investigate the matter. There is a very good change one could also sue the culprit in... View More
answered on Mar 2, 2011
Depending on where you live, there may be a county or city ordinance that covers the matter. Sometimes these ordinances are available online, if you wish to research the issue yourself.
answered on Feb 25, 2011
Normally, officers do have to knock and announce their presence before entering a private facilities to execute a search warrant. There are exceptions, though, such as if the officers "reasonably believe" that doing so would be dangerous or futile, or that the evidence would be... View More
answered on Feb 23, 2011
Yes, the officer can, based on the information he or she collects after the accident, but one can try to defend oneself and make the office prove what happened at the hearing for the ticket.
The warrant in debt states I do not have to show up; however, judgement may be entered against me. I cannot afford to repay this debt at this time. What are my options without jail time?
answered on Feb 23, 2011
You are not facing jail time. A warrant in debt is a civil claim--a lawsuit--not a criminal action. Credit card companies use it to protect their claims to recieve money from you, and it then allows them to take other actions, like placing a lein on your property or garnishing your wages or etc.,... View More
It's been a little over 2 years since the incident happened. The company claims they can still charge the individual though. Is this true?
answered on Feb 21, 2011
In Virginia, the statute of limitations for theft crimes, if any, is generally 5 years.
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