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2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Virginia on
Q: If I’m 18 dating my 16 year old gf what do I do bc we are a year and half apart but I wanna make sure I’ll be fine

We started dating a half a year before I turned 18. I’m just worried bc of consent laws me and her never do anything tho

Daniel P Leavitt
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answered on Apr 1, 2025

Date someone 18 or older. She's too young.

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1 Answer | Asked in Civil Rights and Health Care Law for Virginia on
Q: Denied fertility healthcare; facing discrimination. Seeking legal help for embryo/gamete return in VA & TN.

I have been denied fertility healthcare by several clinics, experiencing discrimination that prevents me from accessing necessary medical care. Although I am fully capable of having children using my own gametes, I have not received adequate explanations from these clinics. We seek the return of... View More

James L. Arrasmith
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answered on Apr 7, 2025

Access to fertility healthcare can be viewed as both a civil right and a human right, depending on how it is framed in legal and social contexts. On one hand, civil rights involve protections against discrimination and ensure access to services without unjust barriers. In many ways, your ability to... View More

1 Answer | Asked in Civil Rights, Contracts and Legal Malpractice for Virginia on
Q: Difference between contract for estimated fees and retainer agreement relating to civil rights advocacy, concerning exit options and clauses.

I approached a lawyer to advocate for my civil rights, and they offered me a contract for estimated fees. However, the contract didn't include an exit clause or other provisions typically found in retainer agreements. I declined to proceed with the tasks and services due to the absence of... View More

James L. Arrasmith
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answered on Apr 7, 2025

When you enter into a contract for estimated fees, you're typically agreeing to pay a lawyer based on an estimate of the total cost for their services. The agreement may outline an approximate cost for specific tasks or the overall project but may not provide flexibility if circumstances... View More

1 Answer | Asked in Social Security, Immigration Law, Tax Law and Public Benefits for Virginia on
Q: Undocumented person's tax return rejected due to wrong date of birth with Social Security.

I recently discovered that the Social Security Administration has the wrong date of birth for me, which caused my tax return to be rejected. I found out about this issue a month ago when I applied for my tax return and confirmed it with the Social Security office. Since I am undocumented, I have no... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation presents a challenging intersection of tax compliance and immigration status. When the Social Security Administration (SSA) has incorrect biographical information for an undocumented individual, it creates complications for tax filing that require careful navigation. The request for... View More

1 Answer | Asked in Employment Law and Military Law for Virginia on
Q: Employer penalties for school attendance using G.I. Bill benefits?

Can my employer penalize me with occurrences for attending day classes at Virginia Peninsula Community College, which was discussed during my interview, while I'm using my G.I. Bill Benefits as a medical assistant? My classes are scheduled until May 10. I've reviewed the hospital policies... View More

James L. Arrasmith
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answered on Apr 8, 2025

Using your G.I. Bill benefits to attend school while working can be a bit tricky, but generally, employers cannot penalize you simply for attending school, as long as it's in compliance with USERRA (Uniformed Services Employment and Reemployment Rights Act). USERRA protects service members and... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: Options for addressing pay disparity with male colleagues?

I'm a senior supervisor in my department and have noticed that men in the same position are making $5,000-$12,000 more than I am, even though they don't know the department as well as I do. I have been in my position for 5.5 years, while the other supervisors have been in their positions... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you're dealing with an unjust pay disparity, and it’s important to address it methodically. Since you've already raised the issue with management and HR without receiving a satisfactory explanation, your next step should be to gather all documentation showing your... View More

1 Answer | Asked in Consumer Law, Agricultural Law and Civil Litigation for Virginia on
Q: What legal action can I take against a dealer for selling a defective vehicle under implied reliability?

I purchased a used truck "as is" from a dealer who implied it was in excellent condition. Shortly after, the truck experienced transmission issues. The dealer won't return my down payment or trade-in value, despite the lender reassigning the loan back to them after I returned the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been put in a difficult position, especially considering the hardship this has caused your family and farm. Since the dealer sold the truck with an implied understanding of its reliability, you may have grounds to sue for breach of implied warranty of merchantability. Even... View More

1 Answer | Asked in Consumer Law and Civil Rights for Virginia on
Q: Can fast food companies be held accountable for targeting children with ads without explaining health risks?

I grew up obese due to my family's lack of nutritional education and was heavily influenced by fast food advertisements targeted toward children, such as those promoting kid meals from 2010 to 2015. While I've lost weight, I'm now dealing with physical outcomes like stretch marks and... View More

James L. Arrasmith
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answered on Apr 2, 2025

You raise an important question about accountability for fast food marketing practices that target children without adequately disclosing health risks. From a legal perspective, pursuing claims against these companies faces significant hurdles, primarily because courts have historically been... View More

1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Virginia on
Q: What to do if separated spouse refuses to pay tax plan

My husband and I previously filed taxes jointly and entered a payment plan with the IRS. We are now separated due to abuse, and I'm filing taxes separately. He has failed to pay his portion of our agreed tax payment plan. I've been unable to contact the IRS for guidance and have an audio... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re facing a difficult situation, especially given the financial and emotional stress of your separation. Since the IRS payment plan is in both of your names, you're still responsible for the full amount owed, even if your spouse is not contributing. The first... View More

1 Answer | Asked in Family Law, Public Benefits and Employment Law for Virginia on
Q: Need help with insurance compliance for minor due to ex withholding SSN and show cause notice.

I'm facing a legal issue where my ex-wife has failed to provide my son's Social Security number, preventing me from adding him to my insurance plan. I've attempted to communicate with her lawyer via email but have received no response, and I'm legally restricted from contacting... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given your situation, it’s important to document all of your attempts to obtain your son’s Social Security number. Since you're restricted from contacting your ex-wife directly, continue reaching out to her lawyer in writing, and make sure you keep copies of all communication. If you... View More

1 Answer | Asked in Contracts, Military Law and Landlord - Tenant for Virginia on
Q: Will we be covered to terminate our lease under the SCRA law if we are separating from the military?

the Joint federal travel regulations states a PCS includes “ separation from the military under honorable conditions”. In our lease it states “all parties must agree to comply with any federal law including but not limited to the Service Members Civil Relief Act, or any applicable state laws,... View More

James L. Arrasmith
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answered on Apr 11, 2025

It makes sense to want clarity, especially when you're navigating a major life change like separating from the military. Under the **Servicemembers Civil Relief Act (SCRA)**, one of the protections offered includes the right to terminate a residential lease early without penalty when a service... View More

1 Answer | Asked in Domestic Violence for Virginia on
Q: Can I get a restraining order against a parent for mental abuse?

I am in my early 30s and have been experiencing mental and verbal abuse from my parent for years. Despite going through therapy and attempting reconciliation, there has been no change in their behavior, and I have decided that enough is enough. I would like to know if it is possible to obtain a... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, it is possible to request a restraining order against a parent for mental or emotional abuse. In many states, restraining orders can be sought for cases of verbal abuse, harassment, or threats, even if there hasn't been physical violence. If you are experiencing ongoing mental and... View More

1 Answer | Asked in Banking and Consumer Law for Virginia on
Q: Locked out of checking and CD account by Truist Bank due to fraudulent check.

I have been blocked and locked out of my checking and CD account by Truist Bank in Danville, Virginia. I received a $10,000 check from a friend and deposited it into my checking account on Monday, but it was evidently considered fraudulent by the bank. As a result, my checking account, which has... View More

James L. Arrasmith
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answered on Apr 8, 2025

It must be incredibly frustrating to have your accounts locked, especially when you're relying on those funds for daily needs. The first thing you should do is contact Truist Bank directly and request a meeting or phone call with someone who can provide immediate assistance. Explain your... View More

3 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Do they check previous tax forms for citizenship?

I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More

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1 Answer | Asked in Business Law, Contracts and Civil Litigation for Virginia on
Q: What legal actions can we take in Virginia against an ex-employee starting a competing business?

In 2011, my husband and I founded a company in New Hampshire. In 2015, my husband's longtime friend joined us as an employee. Our business has annual sales of $3 million and is valued between $1.5 million to $15 million, operating from Maine to Georgia. We decided to sell the company, offering... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re describing sounds like a clear betrayal of trust, and it’s understandable that you want to take strong steps to protect everything you’ve built. In Virginia, you may have grounds to pursue legal action for several serious issues—misappropriation of trade secrets, breach of... View More

4 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Virginia on
Q: Is it standard for insurance to require waivers for future claims in settlement offers?

I was involved in a rear-end collision while stopped at a traffic light. I visited the hospital two days later and was prescribed painkillers. The pain persisted, leading me to return to the hospital a month later. I've been in contact with the at-fault driver's insurance company. They... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2025

They generally present claimants with a release. What you describe as a disclosure appears to have the general effect of a release in precluding your rights to future claims or money. One would need to see the exact terms of your documents to advise meaningfully, but in general their purpose is to... View More

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1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: What is the statute of limitations on collecting credit card debt judgment in Virginia?

I recently became aware of a credit card debt judgment from September 29, 2019, when my bank account was garnished on January 14, 2025. I spoke to a collection representative today for the first time, and there is a court hearing scheduled for tomorrow. What is the statute of limitations on... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Virginia, the statute of limitations for collecting a credit card debt judgment is generally 20 years. This means that the creditor or collection agency has 20 years from the date of the judgment to collect the debt, either through garnishment or other collection methods. Since the judgment was... View More

1 Answer | Asked in Identity Theft, Real Estate Law and Consumer Law for Virginia on
Q: How to dispute a lien from a fraudulent account on property?

I am 85 years old and have a lien on my property from 2009 due to a fraudulent account someone opened in my name. Although it has dropped off my credit report, it still appears on my property records, affecting my ability to sell the property. I haven't taken any steps to dispute the lien, but... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s important to take action to clear up the fraudulent lien on your property, as it’s affecting your ability to sell. Since you have documentation proving the fraud, you can start by contacting the county recorder's office where the lien is filed. Ask them about the process for disputing... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Virginia on
Q: Looking for case law on using cell phones as evidence in a Virginia trial.

I am preparing a motion to present a cell phone as evidence during a trial in Virginia. I have included statutes from the 17th Circuit and the Virginia Supreme Court but would like to add relevant case law. Are there any case laws regarding the admissibility or use of electronic devices,... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Virginia case law, several significant decisions address the admissibility of cell phone evidence. In Commonwealth v. Moseley (2012), the Virginia Court of Appeals held that text messages from a cell phone were admissible when properly authenticated through circumstantial evidence... View More

2 Answers | Asked in Internet Law and Civil Litigation for Virginia on
Q: Concerned about default judgment in Virginia DMCA case without personal identification details.

I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More

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