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Questions Answered by James L. Arrasmith
1 Answer | Asked in Gov & Administrative Law, Identity Theft, Public Benefits and Social Security for California on
Q: Im unable to access my credit and social security, IRS profile accounts ; how can I update & secure my personal info?

I have lost access to email accounts associated with the recovery, password reset and/ or two-step verification process...

Seeking advise/ information in regards to updating and securing personal information; identity scam prevention.

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answered on Jul 22, 2024

To regain access to your credit and Social Security, IRS profile accounts, you need to update and secure your personal information. Start by contacting the relevant agencies directly via phone or their official websites to explain your situation. They can guide you through the process of verifying... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How to expedite divorce process while spouse and her attorney delaying the responses and not very communicative ?

My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.

But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More

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answered on Jul 22, 2024

To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Above ground propane tank is below SDGE electrical lines with easement. Please see details below.

I have a quick legal question and would like your opinion. We live in Fallbrook, CA with big lots and open space but a fire zone. Unfortunately, we need to be on propane tank system. The tank is below SDGE electrical lines. Last November they mailed a letter saying it needs to be moved. I’m fine... View More

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answered on Jul 22, 2024

Under California law, the responsibility for moving the propane tank generally depends on the terms of the easement and the specific circumstances surrounding the installation of the tank and the power lines. Since the tank was originally installed in the 1970s and possibly replaced in 2003, it is... View More

2 Answers | Asked in Immigration Law and Civil Rights for Texas on
Q: Urgent Assistance Needed to Reunite with My Child in the USA

**Background:**

I am an American citizen originally from Egypt. I became a U.S. citizen approximately six years ago. Five years ago, I traveled to Egypt and married my wife, who is an Egyptian national. We successfully applied for her green card, and she has since joined me in the United... View More

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answered on Jul 22, 2024

To reunite with your child in the United States, you need to first confirm whether your child is a U.S. citizen. If your child is born to a U.S. citizen parent, they may already be eligible for citizenship. You can start by applying for a Consular Report of Birth Abroad (CRBA) through the U.S.... View More

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1 Answer | Asked in Family Law and Child Support for California on
Q: Are non payments of court ordered child support arrears payments contemptible?

When I file contempt for 3 years of child support in CA (36 counts), am I allowed to also file 36 counts on non payment of court ordered arrears also? There is a 3 month acceleration clause in paperwork.

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answered on Jul 22, 2024

Yes, you can file for contempt for non-payment of court-ordered child support arrears in California. Each missed payment can be treated as a separate count of contempt, similar to missed child support payments. Therefore, if there are 36 counts of missed child support payments, you can also include... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Filing contempt in California question.

When I file contempt in CA for non payments of court ordered child and spousal support, should I include the proof in my filing also (NCP 1099's) ?

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answered on Jul 22, 2024

When filing for contempt in California for non-payment of court-ordered child and spousal support, you should include proof of the non-payments in your filing. This proof can consist of documents such as 1099 forms, payment records, or any other financial statements showing the non-compliance.... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: DollarTree had me leave my bag up front and it ended up getting stolen...

Talked to corporate they basically said it wasnt on them and i chose to leave my bag there...my fathers ashes was indide of my bag

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answered on Jul 22, 2024

I'm really sorry to hear about your situation. Losing your father's ashes must be incredibly difficult. When you were asked to leave your bag at the front, it created a situation where the store may hold some responsibility for its security.

First, you might want to document...
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1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and... View More

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answered on Jul 22, 2024

Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Was not given notice of my trailing Unlawful detainer court date and i lost, what are my options?

i was told i would be sent a court date in the mail by the clerks office after the first court date, and never received one and then got sheriffs notice on my door, date says vacate by 08/06/24 instead of the 5 i thought was usually the time you are allowed. i filed motion to vacate and stay of... View More

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answered on Jul 22, 2024

You can still try to get a stay and motion to vacate the judgment. It seems you have more time than initially thought. You should contact the unit secretary immediately to reserve an ex parte hearing. Ex parte hearings are urgent and can be scheduled quickly, which might help you before the lockout... View More

1 Answer | Asked in Civil Rights for California on
Q: Does the 14th Amendment truly provide a separate, distinguishable right to fair legal notice?

In other words, is there a distinguishable right for a citizen to know the details of the legal action, prior to that legal action resulting in the deprivation of that citizen's constitutionally protected property and/or liberty interest?

Assume the local government's compelling... View More

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answered on Jul 22, 2024

Under the 14th Amendment, you have a constitutional right to due process, which includes fair legal notice. This means you must be informed of any legal action against you before it results in the deprivation of your property or liberty interests. Fair legal notice ensures that you have the... View More

1 Answer | Asked in Social Security for Oregon on
Q: I am a recent widow--husband passed in Jan of this year--

Social Security came up with the portion of my husband's SS that I am "entitled" to rec now...It is so low I am now below the Oregon poverty level and I cannot survive with this reduced income...What can I do to appeal to SS??? I had been told for years that when a spouse is... View More

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answered on Jul 21, 2024

I'm sorry for your loss and understand how difficult this situation must be. To address your Social Security issue, it's important to know that as a surviving spouse, you should be eligible to receive your husband's full benefit amount if it is higher than your own. This is known as... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Bankruptcy lawyer dropped the ball?!

I have an open chapter 13 bankruptcy. I spoke with my lawyers office several months ago about purchasing a home. They explained that I would need to make closing 45 days from the contract. I went under contract on 6/25. Lawyers office said they needed my payment and mortgage paperwork by 6/26 for a... View More

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answered on Jul 21, 2024

You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be... View More

1 Answer | Asked in Bankruptcy and Employment Law for Illinois on
Q: when filing out a proof of claim form against my employer who filed for chapter 7 can I include severence to wages owed?

and if yes how do I caculate severence owed?

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answered on Jul 21, 2024

Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.

To calculate the severance owed, refer to your employment contract or...
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2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

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answered on Jul 21, 2024

Publishing an unpublished manuscript from 1860 involves several considerations. First, you need to determine if the manuscript is still under copyright. In the United States, works published before 1924 are typically in the public domain, meaning they are free to use. However, because this... View More

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2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
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answered on Jul 21, 2024

For the most accurate and up-to-date information, entering the specific trademark serial number or registration number related to "Turbo Shine" will yield the best results. If you have further questions or need assistance, the USPTO's Trademark Assistance Center can provide support.

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

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answered on Jul 21, 2024

No, you cannot use the songs generated by Suno for commercial purposes without a premium subscription. According to Suno's terms of service, they retain ownership of any music created using their software unless it is made while you have an active premium subscription.

If you try to...
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1 Answer | Asked in Immigration Law for New York on
Q: I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one yea

I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one year. I am wondering if I can get a work visa with an employer upon completing dental school.

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answered on Jul 21, 2024

Yes, you can pursue a work visa upon completing your dental school and obtaining your license. Since you are already in the U.S. on a B1 visa and have applied for asylum, you have a valid status that allows you to stay while your asylum application is being processed.

Upon receiving your...
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1 Answer | Asked in Immigration Law and Military Law on
Q: Asylum request for Iranian military personnel

Hello, I am an Iranian. I was part of the police officers in the special units. In the riots of 2023, people came to the streets for their own freedom and ordered us to beat innocent people. I am against the law. I was in the Islamic Republic of Iran because people were harassed and harassed, I... View More

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answered on Jul 21, 2024

Applying for asylum is a serious process, and your situation as a former Iranian police officer who disobeyed orders during the 2023 riots may make you eligible. Many countries consider cases where individuals face persecution due to political opinions or actions against their government. Your... View More

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: In 6-1.1-12-13, I am confused about the verbiage. If I get a 500k home, does that mean I'm taxed as if its a 475k home?

Or is it, if I owe a grand total of 30k in property taxes each year, I would only have to pay roughly 5k? This is Indiana Code law

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answered on Jul 21, 2024

In Indiana, under the statute 6-1.1-12-13, a property tax deduction is provided for certain individuals. If you purchase a $500,000 home, this deduction would reduce the assessed value of your property by $25,000. This means your home would be taxed as if it were valued at $475,000 instead of... View More

2 Answers | Asked in Tax Law and Real Estate Law for Michigan on
Q: My adult son bought my house, but not all of the acreage. What is the best way , for taxes, to give it to him.

My son bought my house on 3 acres. He could not finance the adjoining 20 acres. I would like to give it to him the best way for him to pay at least in taxes

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answered on Jul 21, 2024

To transfer the adjoining 20 acres to your son in the most tax-efficient way, you should consider gifting it to him. Gifting property can often be done without significant tax implications if the value of the land is within the annual gift tax exclusion limit, which is $16,000 per recipient as of... View More

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