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Questions Answered by Nyasha A. West

1 Answer | Asked in Divorce and Family Law for Maryland on

Q: When filing for separation does the other party have to moved. There are no children between the two.

There is tension between us and I can afford the mortgage on my own and I want to buy him out but I need a year to do it.

Nyasha A. West answered on Jan 9, 2019

Unlike an Absolute Divorce on the ground of Voluntary Separation, when parties seek to divorce on the ground of Mutual Consent, there is no requirement that they live separate and apart prior to seeking to dissolve the marriage.

In Maryland, a divorce may be granted on the ground of Mutual...
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1 Answer | Asked in Trademark on

Q: Hello , I live abroad and im planning to start a business. Do you also help people outside of the US ?

Nyasha A. West answered on Dec 3, 2018

You need not be a US citizen to register a trademark with the USPTO.

4 Answers | Asked in Bankruptcy for Maryland on

Q: I'm about to lose my house to foreclosure and really want to prevent that from happening.

Is filing for bankruptcy my best option?

Nyasha A. West answered on Oct 12, 2018

Filing bankruptcy creates an automatic stay. The automatic stay prevents creditors from pursuing further legal action against debtors, including foreclosure. There are instances where creditors may legally lift the automatic stay and proceed with collection of the debt, therefore, it is best to... Read more »

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1 Answer | Asked in Divorce for Maryland on

Q: What am I looking at paying for a device in Maryland with kids

Husband has agread to give me custody of the kids as long as he can see his when he wants

Nyasha A. West answered on Sep 24, 2018

It sounds like you are asking about an Uncontested Divorce with Children. Having a spouse on board with a divorce and a working idea of what you want to include in the child custody and child support agreement are great starts, but, divorce is a complicated matter and should be discussed with an... Read more »

1 Answer | Asked in Trademark for Minnesota on

Q: Hi, Could you tell me whether or not I can use the trademark “Date Bar”?

Nyasha A. West answered on Aug 19, 2018

When trademarking a name, the name may not cause confusion with another business . Currently, "The Date Bar" is a registered trademark for a fruit and nut business and therefore cannot be trademarked for a similar business. If you are attempting to trademark the name for a different type of... Read more »

2 Answers | Asked in Car Accidents for Maryland on

Q: Do I still have to make lease payments if someone else caused an accident that totals my car?

Nyasha A. West answered on Aug 18, 2018

Lease payments result from an agreement between yourself and your bank. If your car is totaled by a third party, whom lacks privity of contract with the bank holding your car note, you would file a claim against the third party's insurance. It is unlikely the insurance company will willingly make... Read more »

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2 Answers | Asked in Bankruptcy for Maryland on

Q: If I file for bankruptcy, what assets will I be allowed to keep?

Nyasha A. West answered on Aug 18, 2018

In bankruptcy, debtors are entitled to keep assets, up to a certain amount using bankruptcy exemptions. In Maryland, a few examples of assets that debtor's may keep include:

1. Home equity up to $23,675

2. Household goods up to $1,000

3. Clothing up to $5,000

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1 Answer | Asked in Intellectual Property and Trademark for New Jersey on

Q: trademarks question

If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.

would i be able to win the trademark back? Should I be safe and get it now?

Nyasha A. West answered on Aug 10, 2018

Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce....
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1 Answer | Asked in Trademark for Alaska on

Q: I’m applying for a trademark for my retail company. Can I get one if I produce nothing of my own?

Nyasha A. West answered on Aug 9, 2018

You may trademark the name of your company.

3 Answers | Asked in Bankruptcy for District of Columbia on

Q: Do you have to pay all fees up front to your lawyer before letters are sent to your creditors of your BK Filing?

Reason asking my creditors are constantly calling my place of employment all day long every single day and my cell number also. I have asked them repeatedly not to contact my place of employment but they continue to call my job anyway all day. Just need to put a stop to them calling my job and my... Read more »

Nyasha A. West answered on Aug 6, 2018

It depends on the firm that you engage. At West Law Firm, we allow clients to provide the firm's telephone number to creditors upon signing a representation agreement. Creditors then call our office and we inform them of the client's intent to file bankruptcy at a date in the future.

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2 Answers | Asked in Bankruptcy for District of Columbia on

Q: Will be filing chapter 7.

Should I wait until after I have file and everything has been done and over with before I apply for my social security.

Nyasha A. West answered on Jul 21, 2018

Social security benefits are an exempt asset and therefore will be uneffected by the filing of a bankruptcy petition.

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1 Answer | Asked in Divorce for Maryland on

Q: Wife and I separated over 3 months. She refuses to sign separation agreement. What recourse for proceeding with divorce?

Nyasha A. West answered on Jul 17, 2018

In Maryland, to receive a no fault divorce, the parties must meet the following criteria:

1. No minor children in common

2. Signed separation agreement resolving all property and alimony issues

3. No rescission of the agreement and

4. Both parties must appear at the...
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1 Answer | Asked in Child Support for Maryland on

Q: If my child is 16 can I still apply for child support

Nyasha A. West answered on Jul 17, 2018

In Maryland, a custodial parent is entitled to receive child support until the child reaches the age of 18.

The process of obtaining a child support order is lengthy and should be embarked upon sooner, rather than, later.

1 Answer | Asked in Family Law and Child Support for Maryland on

Q: My bf's ex is filing for child support and he is 17, can she receive cs for all those 17 years even tho they were marrie

And living together until 2015? He was supporting them and taking care of his kids, and she just filed in December 2017. Does it go back to when she filed?

Nyasha A. West answered on May 24, 2018

In Maryland, child support ends when the child reaches 18 years of age. The Court may enter an Order that includes arrears back to the date of filing, not the date of separation. Your boyfriend will be required to pay those arrears in full, even after the child turns 18.

1 Answer | Asked in Child Support for Maryland on

Q: My fiance was trapped into signing a birth cert. To a baby that wasnt his. In the state of Maryland. He pays still CS.

He has been paying for 5 years . Recently the biological child father contacted him and said that's my child and I want to step up. He is in regular contact with him.what steps can he take to get this off him. They denied him a paternity test because he signed the birth certificate , but the baby... Read more »

Nyasha A. West answered on May 23, 2018

In Maryland, at the time of birth, or shortly thereafter, the alleged father may sign a form called an Affidavit of Parentage attesting to being the father of the child in question. This document may be rescinded within 60 days after the last party signed by executing a Rescission Form for... Read more »

1 Answer | Asked in Child Custody for Maryland on

Q: going after custody of my daughter would it be hard if she has been in the custody of her grandma for 8yrs? (Maryland)

i lost her when she was 3 months old i was 16 living in my moms house which was a disaster and i also have bipolar disorder. since this has happened i moved out of state to (Arizona) with my mom when she sold her house, leaving my daughter with her dad he won custody. eight years have passed I'm on... Read more »

Nyasha A. West answered on May 7, 2018

To modify custody in Maryland, you must show the court there is a material change in circumstances and that a modification of the existing child custody order is in the Best Interest of the Child.

In the scenario you have described, it appears you have undergone significant changes that...
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1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on

Q: Thinking about filing chapter 7 or13 due to being sued for credit card debt I can not pay. Will my home be liquidated?

Nyasha A. West answered on Apr 24, 2018

Unless you are in the arrears on your mortgage, your home will not be effected by filing bankruptcy. Prior to filing bankruptcy however, it is essential that you speak with an attorney to ensure you are able to adequately protect any equity in your home from creditors. In Maryland, homeowners are... Read more »

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