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I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... View More
answered on Aug 8, 2022
You should provide to him a document expressly authorizing him to stay in your house to care for the same.
Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... View More
answered on Aug 8, 2022
Nobody will give you a "guarantee" on any response.
By the term "wife" your question implies that you are still married and therefore have not "equitably divided" the marital assets in a divorce proceeding. So generally, there are at least three legal... View More
Bought the house full cash 2014. Got married 2018, refinanced in 2020 using the same house and did it together. Does it count as an asset to split during divorce? thanks
answered on Aug 8, 2022
Possibly. The Virginia State Bar provides to the public the following information:
Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date of separation. Typical examples of marital... View More
We have an employee who came into shop on their day off and got told his rent went up so said a few curse words and district manager heard them and suspended the employee for 3 days without pay. Just wondering if employer is able to suspend an employee on their day off for cursing
answered on Aug 6, 2022
If this is a private (not government) employer, without a written contract covering this matter, they can do anything that does not violate the public policy of Virginia as articulated in the laws or constitution of Virginia. YES
The response above is a general statement of law and is NOT... View More
answered on Aug 6, 2022
Here's the law in VA:
C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. On each regular pay date, each employer, other... View More
I was the manager for a year, but that shouldn’t make me responsible for their taxes. Is this legal?
answered on Aug 6, 2022
It depends on your level of responsibility for the failure to pay the money and the type of tax. For instance, if your company collected a county tax from others and then used those collected taxes for something else, you in a deep mess. I refer these cases to Guy C Crowgey, Esq. in Richmond,... View More
It was dropped next day
answered on Aug 6, 2022
Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... View More
I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... View More
answered on Aug 6, 2022
HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.
The response above is a... View More
I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m... View More
answered on Aug 6, 2022
If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at... View More
I dont wanna be label a snitch I don’t wanna go to court
answered on Aug 6, 2022
1st - If your testimony may incriminate you, you have a right to plead the 5th Amendment.
2nd - Living in a society that values trials rather than summary convictions and executions puts a shared responsibility upon citizens to participate in this process. If you have relevant information... View More
Why do people in this profession think they can treat a client any way they wish?
They can't act all high and mighty cause even attorneys have made accidents too.
Nobody's perfect. Why are attorneys unprofessional?
answered on Aug 6, 2022
You may be confusing a straight, direct or blunt answer with rudeness. You state "a client" - if you are actually a client of the attorney, and the working relationship has deteriorated, you may wish to find another attorney. If the problem continues, you may find your answer in the mirror.
answered on Aug 6, 2022
Sure. The suit would have to be filed in a US court having both subject matter jurisdiction and jurisdiction over the defendant. Additionally, the suit should be filed in the proper venue.
The response above is a general statement of law and is NOT intended to be legal advice to you nor... View More
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answered on Aug 6, 2022
The analysis may need to begin with the question - did you obtain a Title VII religious exemption from an employer's vaccination mandate? If so, the next question would be whether singling you out for testing may be a form of harassment or retaliation and not the required accommodation under... View More
answered on Aug 8, 2022
Possibly. You should seek legal counsel.
Here's a nice overview from the Virginia State Bar providing an overview:
Marital property is defined as all jointly-owned property and all other property, other than separate property, acquired from the date of the marriage to the date... View More
I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?
answered on Aug 6, 2022
Paula Hough's answer is spot on. Since the incident took place in front of your managers, the Commonwealth Attorney and the police may feel they don't need you as a witness and you may not hear from them. However, you might want to read the following regarding your rights as a victim... View More
I got back with husband. After doing legal paternity test it is not my husbands. I would like the baby to have his fathers last name. We have a legal paternity test. How can I add the name ? I want my sons father to have rights.
answered on Oct 29, 2021
You may want to look at https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-217/
No attorney-client is created by this response. This is not intended as legal advice but is general legal information. You should engage an attorney if you wish to obtain legal advice for your... View More
In our case, we felt certain trees were diseased and a threat to our home and took them down. Although the DRC rule does state that diseased and dead trees can be cut down without prior approval, they fined us anyway because they said the trees were alive (the DRC had no published definition of... View More
answered on Oct 29, 2021
You may want to look at the Virginia Code - including https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1819/ which governs the administration of home owner's associations. But be careful, the fine is much less than litigation costs where the looser pay not only their own... View More
Tenants signed the lease and have been living in the rental for 3 months. What's my recourse?
answered on Oct 29, 2021
Not really a big deal --- where it is clear that both parties meant and understood the correct year, the court will enforce the lease with the corrected year --- The correction of a scrivener's error is a court-sanctioned action reforming a contract or other document. We note, however, that a... View More
In the section for father, my birth certificate merely states “deceased”. I do not have any other knowledge of his identity. Is there any other route or action I can take?
answered on Oct 29, 2021
Petitions for name changes are governed by Va. Code 8.01-271. Your dilemma seems to be related to the seemly poorly written statute paragraph B --- "B. Every application shall be under oath and shall include the place of residence of the applicant, the names of both parents, including the... View More
Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... View More
answered on Oct 29, 2021
If the Will is valid, then the provision of the will should control. If the Commission of Accounts does not assist you, then one or more of the adult children can file suit as a beneficiary seeking an (1) accounting; (2) an action for breach of fiduciary duties against the executor; and (3) ask... View More
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