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Delaware Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Delaware on
Q: I’m wondering if I have grounds for a case. I work for a large corporate company so I’m not sure. All of info won’t fit

I have a lot of documented information about the coworker. I can’t fit everything in my text box. Includes sexual comments, harassment, retaliation, serious emotional distress (I have a disability) negligence of HR, overall a very hostile work environment

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2025

A Delaware attorney could advise best, but your question remains open for a month. At this point, one option is to consider reaching out to attorneys to try to arrange a consult. Your post straddles a number of issues, so some law firms might offer a free initial consult, others might not. The best... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Delaware on
Q: What can be done to force the court to correct the mistake?

I went to court for a traffic ticket. I plead guilty to driving 64 in a 55. The court reported to dmv that I plead guilty to driving 100 in a 55, which caused dmv to suspend my drivers license for a year. DMV supervisor says the court has to correct it in the CGis system. The court says the dmv... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this frustrating situation. Start by gathering all your documents, including the court plea, the DMV suspension notice, and any correspondence between you and both agencies. Having clear records will support your case when you present it.

Next,...
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1 Answer | Asked in Foreclosure and Real Estate Law for Delaware on
Q: I just found out I was named in a foreclosure for a property I no longer own. What do I do?

My boyfriend (at the time) an I owned a house, but he received the house when we parted 20 yrs ago, and the deed is now only in his name. At the time, he was to continue paying the mortgage, and I thought he refinanced in his name only. Now I'm unsure because I just received a call from a... View More

Anthony M. Avery
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answered on Dec 6, 2024

Hire a DE attorney to file a simple answer. Apparently you have not been served, but plaintiff could still get a default judgment against you for money owed.

1 Answer | Asked in Car Accidents for Delaware on
Q: How long should you wait to get your check once the lawyer has already deposited it into his account?

Should they be allowed to come up saying oh Medicaid said you owe more money once a figure was already submitted?

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A Delaware attorney could advise best, but your question remains open for two weeks. It could depend on whether there are medical or other liens (you mention Medicaid). If your attorney has been dealing with them, they would know best. The liens are sometimes handled by third-party administrators,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Delaware on
Q: On what grounds can I file a suit against my leasing company?
Tim Akpinar
Tim Akpinar
answered on Nov 12, 2024

A Delaware attorney could advise best, but your question remains open for a month. It could be difficult for ANY attorney to answer your question, based on the brief facts. Although the GENERAL heading could include breach of contract, you'd get more definitive guidance from an attorney who... View More

1 Answer | Asked in International Law for Delaware on
Q: I'm an American citizen with dual citizenship in Greece. I want to open a travel agency LLC in Delaware...

To sell tours of Greece by opening an offshore of my LLC in Greece. Is that possible and do I need a travel agency license in Delaware to sell tours in Greece?

James L. Arrasmith
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answered on Oct 18, 2024

You can establish a Delaware LLC to operate your travel agency and expand its services to Greece. Delaware is known for its business-friendly environment, which makes it a popular choice for many entrepreneurs. Additionally, having dual citizenship in Greece can facilitate setting up an offshore... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can state police come on my property, walk around my house and look in my windows without permission

A neighbors cat got accidentally locked in my building. Two state police came and banged on my doors and windows. Walked around my home several times, looked in my windows, walked around my building. I didn't answer the door because of how aggressively they were banging on my doors and... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you had to go through that experience. Generally, law enforcement officers need a valid reason to enter private property, such as a warrant or immediate emergency. If they don’t have permission or a warrant, their presence and actions might not be lawful.

Since your state...
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2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Delaware on
Q: Drowning in debt and having issues with my HOA. I need help to fins my way out. Any solutions beside a BK?

HOA filed against me, I satisfied & they added more fees after, filed another case in a different court & I misunderstood what I needed to do. So second judgement granted. Income over the past 2yrs 1/4 of what it should be and I am drowning. I would prefer to avoid BK.

Martha Warriner Jarrett
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answered on Oct 10, 2024

Without knowing where you live. it's not possible to answer your question. Your best option is to talk to a local bankruptcy attorney who can advise you of your options. Most offer free consultation. You can consult the directory on this website, or your local bar association to find an... View More

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1 Answer | Asked in Employment Law for Delaware on
Q: Are there requirements on meal break timing when shifts do not require a meal break?

For context, I work in Delaware and Title 19 Ch 7 Subch I Sec 707 states that a 30 minute break must be given on shifts at least 7.5 hours; however, many employers, including my own, give them on shifts shorter than that. The same section states that meal breaks must be given after the first 2... View More

Dash Radosti
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answered on Oct 9, 2024

Hi,

My name is Dash. I'm a Delaware employment lawyer with the law firm Equal Justice Solutions.

The short answer is no. In fact, under Delaware law, there is no requirement to give employees a lunch break if they work less than 7.5 consecutive hours. A plain reading of the...
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1 Answer | Asked in Criminal Law for Delaware on
Q: MY SON WAS RECHARGED WITH A CASE THAT WAS DISMISSED WHAT CARE I DO ISNT THIS DOUBLE JEOPARDY
Dash Radosti
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answered on Oct 8, 2024

Hello,

My name is Dash, I'm an attorney who used to be a prosecutor for the state of Delaware. I'm sorry to hear about what's going on with your son.

Double jeopardy is a concept recognized by both the U.S. Constitution, as well as the Delaware bill of rights....
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2 Answers | Asked in Tax Law and Immigration Law for Delaware on
Q: Pay stubs for Sep-Dec 23 have not been generated. I don't have W2. Will pending taxes be verified during H1B extension

I was unable to pay last year's taxes due to financial circumstances. Can I pay the past year's due taxes now, with penalties? Will this affect my H-1B status? I plan to apply for an H-1B extension next year. Do they verify taxes and W-2 during the H-1B extension process?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 4, 2024

USCIS usually just verifies employment with H1B employer through recent pay stubs

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1 Answer | Asked in Uncategorized for Delaware on
Q: My mother lives in Delaware in an apartment complex and she is elderly and handicapped. Can she break her lease without
James L. Arrasmith
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answered on Sep 25, 2024

Your mother may be able to break her lease, but it depends on the terms of the lease and Delaware’s landlord-tenant laws. In some cases, a lease can be terminated early if there are specific clauses addressing medical conditions or disabilities, or if her health has deteriorated to the point... View More

2 Answers | Asked in Landlord - Tenant for Delaware on
Q: Can a private landlord in Delaware request a second security deposit before returning the previous one?

12 month lease was signed for 2024-2025 year (June 1-May 31), and it is being resigned for the same time period for 2025-2026. A new security deposit is being requested now (time of resigning), but the one for the current lease will not be returned until May/June.

Dash Radosti
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answered on Oct 8, 2024

I'm a Delaware attorney who worked as a Deputy Attorney General with the Consumer Protection Unit until a few months ago.

What James has said is correct. I recommend you see if this is a miscommunication with the landlord.

If the landlord continues to insist on a second...
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1 Answer | Asked in Immigration Law for Delaware on
Q: can my boyfriend sell products over our brand if I am having the YouTube channel and have an F1-Visa?

I have a YouTube channel on an F1-Visa. So I am not allowed to make money. My boyfriend would now like to sell digital and physical items over our brand, since I started the YouTube channel for both of us but I am the one in front of the camera since he doesn't feel comfortable in front of the... View More

James L. Arrasmith
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answered on Sep 6, 2024

Navigating work restrictions on an F1 visa can be tricky, especially when it involves activities like managing a YouTube channel or selling products. On an F1 visa, you are generally not allowed to engage in employment or business activities that generate income unless you have proper... View More

2 Answers | Asked in Tax Law and Business Law for Delaware on
Q: Are shareholders, directors, & officers of a DE corporation personably liable for unpaid income taxes?

The taxes were assessed by Delaware for failure to file annual tax returns and reports. The assessed taxes are owed by a failed start-up.

Jeffrey "Anton" Collins
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answered on Aug 27, 2024

No, shareholders are not liable. Not really.

One of the benefits of corporate structure is the limitation of thÿe company's lability. A shareholder will only be "liable" for corporate income tax up the amount of their investment in the company. That invested part represents...
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2 Answers | Asked in Immigration Law, Contracts, Business Formation and Business Law for Delaware on
Q: Create an operation agreement for F-1 students; Web-design company in Delaware

Dear Lawyers,

I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More

Daniel  Bitonti
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answered on Jul 30, 2024

To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More

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1 Answer | Asked in Bankruptcy, Small Claims and Stockbroker Fraud for Delaware on
Q: Dear sir/madam can i as a crypto loss investor file form 410 general proof of claim in chapter 11 bankruptcy?

I suffered losses due to fraud/misleading related to Terraform labs (UST terra Stable coin)

In the case action there are 2 forms :

1. General proof of claim

2. crypto loss proof of claim

creditor classes: crypto loss claims (class 5) & general unsecured claims (class4). Thank You

James L. Arrasmith
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answered on Jul 27, 2024

You can file a general proof of claim form in a Chapter 11 bankruptcy case if you have suffered losses due to fraud or misleading actions related to Terraform Labs and the UST Terra stable coin. This form allows you to state the amount of your claim and the nature of your loss. Filing this form is... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for Delaware on
Q: If I form an LLC at 16 and have members above 18, would they in theory have more rights to choices the LLC makes?

I'd want to enforce a board of directors regardless of it being an LLC, I'd be incorporating but from what I've read a minor can't form a corporation. I am from overseas but I will file under one of the many services that file for you and have virtual addresses and etc. Sort of... View More

Anthony Wilkinson
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answered on Aug 13, 2024

It's wonderful to see your entrepreneurial spirit at such a young age! The concerns you're raising are very important, and you're wise to think them through carefully.

There is no law in the State of Delaware against a minor forming an LLC. Also, the general rule in the U.S....
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Delaware on
Q: I want to use NFL replica mini helmets to make phone charging stations, is that allowed?

I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?

Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More

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1 Answer | Asked in Social Security for Delaware on
Q: My wife has been receiving SSDI for over 20 years for visual impairment. Her benefits have recently been terminated.

She was born with degenerative conditions (aniridia and glaucoma). Her eyesight has gradually gotten worse since she began collecting disability, but she's being told she is no longer disabled based on her recent medical records. She doesn't meet SS's definition of blindness (her... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a challenging situation for your wife. Here are some potential options and information that may be helpful:

1. Continue the appeal process:

- If the current appeal is denied, she can request a hearing before an Administrative Law Judge (ALJ).

- If denied...
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