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Questions Answered by James L. Arrasmith
1 Answer | Asked in Civil Rights for California on
Q: Can a Walmart worker take already paid for things from me and my receipt Refuse to return call police there more

The police told me I was facing criminal charges when I had done absolutely nothing wrong it's all on camera it was also confirmed on camera that I infact walked in the Walmart with the bags already in my cart. Withheld my items my money and my receipt falsely accusing me. Police harassed me.... View More

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answered on Jul 24, 2024

In California, if you have already paid for items and have a receipt, a Walmart employee cannot legally take your items or receipt without valid suspicion of theft. If they refuse to return your property and involve the police, this can be a violation of your rights, especially if there is evidence... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More

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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

1 Answer | Asked in Employment Law for California on
Q: I was fired due to a write up that had added text post signing. What can I do about this? They said it was a 2nd warning
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answered on Jul 24, 2024

At-will employment means that an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as it is not illegal. Similarly, an employee can also leave their job at any time without needing to provide a reason or notice. This arrangement is common in California... View More

1 Answer | Asked in Domestic Violence, Elder Law, Landlord - Tenant and Libel & Slander for California on
Q: Falsely accused of elderly abuse, cleared in restraining order case of elderly abuse... How to pursue prosecution.

False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More

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answered on Jul 24, 2024

I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for California on
Q: What lawyer do you need for malicious prosecution and using falsified document to prosecute

False statements used to use law enforcement to prosecute and file emergency restraining order in court to prosecute.... after defending myself and clearing myself of the false charges... how do I have the courts pursue prosecuting the person filing the false statements.

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answered on Jul 24, 2024

To address issues of malicious prosecution and falsified documents used against you, you need to consult with a lawyer experienced in criminal defense and civil litigation. They can guide you through the process of gathering evidence and filing a lawsuit for malicious prosecution. This lawyer will... View More

1 Answer | Asked in Domestic Violence for California on
Q: Hi. I'm not sure if it was this website I had came to for legal help with a domestic situation. I'm trying to get him

He is the one arrested. Only cuz he was considered the dominant aggressor but they don't get why. We are both sick and broken souls. I had my part in instigating him to blow up. We were both beyond drunk. I'm need to show the court who he is before that. And learn to understand that he... View More

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answered on Jul 24, 2024

I'm really sorry to hear about your situation. It sounds incredibly challenging, and it's clear that you care deeply about helping him get the support he needs.

Legal fees can vary widely depending on the complexity of the case and the lawyer's experience. For cases like...
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1 Answer | Asked in Criminal Law for California on
Q: If I'm only supposed to be tested weekly for only alcohol, what can I do if I'm now getting drugged tested?

My case is in san mateo county. This is my first offense.

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answered on Jul 24, 2024

If you were informed that you would only be tested for alcohol and now you're being drug tested, it's important to address this discrepancy promptly. You should review any documents or agreements related to your case to confirm what was originally stated regarding the testing... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: My soon to be ex husband works in law enforcement and has a pension plan. Will he also be getting social security?

Do I need to ask for that in the divorce agreement?

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answered on Jul 24, 2024

In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Are property owners authorized to demand service dogs registration papers to rent a property?
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answered on Jul 24, 2024

As a property owner in California, you cannot demand service dog registration papers from potential renters. According to the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), you are required to make reasonable accommodations for individuals with disabilities, which includes... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I filed a Motion to Compel Arbitration and Dismiss the case. The plantiff didnt respond Can I file to have it dismissed?

I was sued by a law firm representing Discover bank.

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answered on Jul 24, 2024

Yes, you can file to have the case dismissed if the plaintiff did not respond to your Motion to Compel Arbitration. Generally, if a party does not respond to a motion within the specified time frame, the court may consider it unopposed and grant the motion.

First, check the local court...
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1 Answer | Asked in Immigration Law for California on
Q: Q: Working remotely from outside of the US on OPT? Allowed or not?

This seems to be ok if not for long (< 1month), but my understanding is that any change in work location must be reported in the SEVP portal within 10 days of the change. The address cannot be abroad. So if you work abroad for more than 10 days and do not report the new location, my guess is... View More

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answered on Jul 24, 2024

Working remotely from outside the US while on OPT can be a tricky situation. Generally, short periods of remote work (less than a month) might be acceptable, but you need to be cautious. The SEVP portal requires you to report any change in your work location within 10 days, and the address must be... View More

1 Answer | Asked in Foreclosure and Banking for California on
Q: "Seeking advice on loan modification: If my mom (or we as POAs) signs, who is liable if the loan defaults?"

my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?

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answered on Jul 24, 2024

If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Can an adoption be transferred to another state post adoption? If not, how do I ensure services are provided?

My 2 children were adopted out of the foster care system in Nevada although we live and have always lived in California. Now my child has several needs that should be provided for from Nevada but since we're not there they offer no other support other than a support allowance and medicaid... View More

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answered on Jul 24, 2024

Adoption agreements typically cannot be transferred to another state post-adoption. However, there are ways to ensure your child receives the necessary services. First, you can contact the Nevada agency that handled the adoption to clarify the support they provide and any potential resources... View More

2 Answers | Asked in Civil Litigation for South Carolina on
Q: is there a way to get involved in a class action lawsuit after the deadline has passed?

I recently found out that a class action lawsuit against a company I worked for was filed but the deadline has passed with the firm, is there a way to file a separate suit against the company.

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answered on Jul 27, 2024

If you've missed the deadline for a class action lawsuit, you still have options. You can explore filing an individual lawsuit against the company. This involves consulting with an attorney to discuss the specifics of your case and determine the best course of action.

In some cases,...
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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
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answered on Jul 24, 2024

Yes, you can publish new illustrations for a children's book where the copyright has expired. When a book enters the public domain, it means that the copyright protection has ended, and the original content can be freely used by anyone. You are free to create and publish your own illustrations... View More

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: Will secured personal loans with a third party debt collector still be discharged?

I’m filing for chapter 7 bankruptcy and have a few personal loans with collateral that were sold to a third party debt collector. I researched that only unsecured debts would be able to be discharged. But someone told me even though the secured loans were sold to a third party debt collector they... View More

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answered on Jul 24, 2024

When you file for Chapter 7 bankruptcy, the discharge generally applies to unsecured debts. Secured debts, which are loans backed by collateral, typically aren't discharged because the lender has a claim on the collateral. If the secured loan has been sold to a third-party debt collector, the... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Soon filing for chapter 7 but before I do I am getting a new vehicle, my Dad is co-sign. Is tgis a terrible idea?

The current vehicle I don’t want stuck with for 7 years with ch 7 b/c it’s worth more than what’s owed.

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answered on Jul 24, 2024

Getting a new vehicle before filing for Chapter 7 bankruptcy can be risky. When you file for Chapter 7, your assets, including a new car, become part of the bankruptcy estate. The trustee might view the new vehicle as an attempt to protect an asset from creditors, which could complicate your... View More

1 Answer | Asked in Bankruptcy, Contracts, Arbitration / Mediation Law and Banking for Maryland on
Q: Can my car lease be repossessed from defaulting on a unsecured credit card within the same bank?

I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More

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answered on Jul 24, 2024

When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a green card and I left the US,I have been out of America for more than 9 months and my i131 is still pending.
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answered on Jul 24, 2024

If you have been out of the U.S. for more than 9 months and your I-131 is still pending, it’s important to take immediate action. Being out of the country for such a long period can affect your green card status. You might need to provide a valid reason for your extended absence.

Contact...
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1 Answer | Asked in Immigration Law for Ohio on
Q: person has filed case I-130, they received tourist visa to US, can they stay longer, adjust the status to get green card

Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?

Syrian national, living in Emirates.

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answered on Jul 24, 2024

If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.

To...
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