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Questions Answered by Seth E Allen
1 Answer | Asked in Government Contracts, Landlord - Tenant, Public Benefits and Personal Injury for Virginia on
Q: I lived in a government housing project and pretty much the whole time I did I had to endure and suffer the reprecussion

Of Black Mold growing and thriving in certain damp spots of the apartment along with other numerous things that I just let slide because of my situation and things I could do about it at the time. Is there anything I can do to result in my benefit?

Seth E Allen
Seth E Allen
answered on Feb 27, 2024

In Virginia, you can file a tenant's assertion asking the landlord to make certain repairs if it is a material non-compliance with the lease, a violation of law, a fire hazard, or a serious threat to the life/health/safety of the tenant if not promptly treated. There are things you have to do... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

It really does depend on what you were charged with. Most misdemeanors do not result in the loss of firearm privileges, while some do (most commonly domestic violence convictions). It's also important to know that if a protective order was issued against you as part of your conviction, that... View More

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3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I filed for Chapter 7 bankruptcy, would the return I receive from the American Opportunity Credit be protected?

I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

Your tax return is something that should have been listed as an asset in your schedules and should also be protected in Schedule C. In Virginia, child tax credits and the Earned Income Tax credit are automatically protected if listed properly using the proper exemption. Any remaining portion of... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Paid rent late. Bring charged 250 fee No record of UD on VA court website. Should I pay?
Seth E Allen
Seth E Allen
answered on Feb 27, 2024

I'm not entirely sure what your asking. However, if you are saying that you paid your rent late and your landlord is charging you a late fee, you should know the following. Late fees should not be more than 10% of the outstanding rent for that month. In order to charge late fees, that has... View More

3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

When you review the priorities referenced in the other answers, you will see that there are some limits to what medical service providers can charge in estate in some circumstances as well. You should at least consult with an attorney to ensure you know what you are and are not responsible for.

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