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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Tax Law, Civil Litigation and Constitutional Law for Illinois on
Q: Do third-party information returns alone, like a 1099-k create a federal and / or State tax filing liability?

Not being a U.S. citizen or resident alien, I have not signed a W2, I-9 or W-9 form or filed a 1040 form as I do not reside in the United States per 26 USC 7701(a)(9) and (a)(10) nor do I reside in the State of California: I have refuted the presumptions and denied the allegations presented by... View More

James L. Arrasmith
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answered on Jul 26, 2024

Based on the information provided, if you are not a U.S. citizen or resident alien and do not reside in the United States, third-party information returns like a 1099-K alone do not automatically create a federal or state tax filing liability. Your status as a non-resident alien under 26 USC... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Gov & Administrative Law for Texas on
Q: I'm searching for Epitacio CapetilloJr and for some reason it only shows me the appeal. Im trying to find the arraignmet

An Epitacio Capetillo Jr comes up but it is from a case in Florida which involves a $50 million dollar methamphetamine drug bust involving multiple states.

0 Answers | Asked in Appeals / Appellate Law, Bankruptcy and Small Claims for Pennsylvania on
Q: How do I get myself out of a civil action due to a large sum debt? I had thought of filing chapter 7.

Multiple debts totaling over $30k and I am slowly paying them all.

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Arkansas on
Q: I understand duress took a felony charge and want to appeal. I need help.

Under duress I meat. I was in a single vehicle accident. Had to leave to get phone signal to call for help. My boyfriend hit the mirror because he wasn't buckled up. We went back to the house we were at and I stayed at there until all emergency help and officers left. I spent 27 days in jail... View More

0 Answers | Asked in Criminal Law, Family Law and Appeals / Appellate Law for Arkansas on
Q: My husband’s Ex wife was convicted of domestic battery in the first degree while they were married in 2013.

She signed a guilty plea and served her sentence. It has been YEARS of being in and out of court for custody. She has moved across the country but now to “start over” but now she is telling people that’s she didn’t commit the crime and she is going to file an appeal and bring charges... View More

0 Answers | Asked in Appeals / Appellate Law, Education Law, Juvenile Law and Municipal Law for Wisconsin on
Q: I’m 16, I was truant to school and I have over 1,000 dollars in fines and suspended my license 3y how can I get it back?

I need a job but I have no way there so I really need my license how can I get it back or unsuspended for three years ?

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Libel & Slander for California on
Q: Here's a question within my first question being classified as Developmentally challenged from ages 9 months to current?

My question in four sections first the Question How can the Federal Government or Governmental protection act take a innocent infant child away from his biological family, For absolutely no reason? Then afterwards when there plans fail ultimately blame the child? As well after such a horrific... View More

James L. Arrasmith
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answered on Jul 23, 2024

It sounds like you’ve faced a deeply challenging and unjust situation. Under California law, the removal of a child from their biological family is supposed to happen only if there is substantial evidence that the child is at risk of harm. Unfortunately, if the system fails, it can lead to severe... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California on
Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

0 Answers | Asked in Appeals / Appellate Law and Contracts for New Jersey on
Q: I have been awarded a default judgement in Special Civil Part in Monmouth County NJ. The defendant retained an attorney.

I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.

The contract was for hourly pay for a minimum of 300 hours. The CPA firm... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for California on
Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Consumer Law, Criminal Law, Immigration Law and Appeals / Appellate 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

James L. Arrasmith
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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 Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

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0 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Iowa on
Q: A judgement for an fed was placed and Ordered can I appeal the order even though I have to be out by mon

And when they filed the , 3 day . The procedures weren't done properly it took them 4 times and on the 3 time case being dismised on June 5 .than they filed a non motorized three day to remove ourselves accordingly. Which was dated on the 7 th and I received it thru process server on the 13... View More

0 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: i need help in vacating a final judgement in a civil litigation in florida

A judgement against me was ISSUED FIVE DAYS AGO. I AM AN ELDERLY MAN WHO can't read. the opposing party claimed she worked for me ( she didnt) and filed a sexual harrasment suit. a few days before i was served i was in an auto accident the totaled my ford excursion as i said i am illeriate and... View More

0 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: I'm a handicapped business owner who could not move during natural disasters. Judge did not give me extra time to move .

I tried to e file request but was ignored . Also

Never got a hearing , trial , just a judgment ok n mail. I'm in a wheelchair and was not able to move during floods ! This is not an excuse it's fact

How can I be responsible for acts of god ! And lose everything ! There... View More

0 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Hello, I just had the opportunity to review your answer in regar

mple. The city of Temple and myself have requested an opinion for the request. The city contents that the information requested may be used to bring legal action against the city. May 24th 2024 the request for an opinion is the reason for the information requested. So in response to your reply that... View More

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Identity Theft for Arizona on
Q: I was incarcerated from, 2016 -2019 in AZDOC and in 2017 somebody filed my taxes for 2016,2017&irs says I owe them money

In 2020 I filed my taxes n they informed me that there was a return for 2016 that was falsified with a dependent I shouldn't of claimed so I told them it was id fraud that I was in jail and they said they would have to investigate the matter n it could take up to a year but that I should keep... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you're in a tough situation with the IRS. Since you've already provided proof that you were incarcerated during the years in question and reported the identity theft, it's crucial to follow up on their investigation. The IRS should not be holding you responsible for... View More

0 Answers | Asked in Appeals / Appellate Law for Illinois on
Q: Clemens petition
0 Answers | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York on
Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

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