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I am not sure what I am suppose to do. Should I reach out to the person that filed it to see what we can do outside of court?
answered on Nov 1, 2023
You can contact the filer or the creditor to see if you can settle the case.
You must also file an appropriate legal document with the court. Consult with debt collection defense attorneys in the state where this occured.
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answered on Oct 30, 2023
Offenders must typically serve at least 85% of their minimum sentence. This means that an offender sentenced to 1-10 years with six months served will likely be required to serve at least nine months in prison.
The offender may also be eligible for early release on parole. To be eligible... View More 
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answered on Oct 30, 2023
I do not understand your question... But the beneficiary is the noteholder/lender. VA guarantees the loan to the lender. Any payoffs go to the noteholder unless the VA has already took over from a note default, and then VA gets payoff but usually forecloses first.
B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?
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answered on Oct 20, 2023
Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If... View More
It's been 3 months since the deposit but he was supposed give us money in 2 weeks after that and didn't.
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answered on Nov 9, 2023
When a person places a deposit on a car, the terms of that deposit should be outlined in a written agreement, including the conditions under which the deposit would be refunded or kept in the event of a cancellation. If there was an agreement that the remainder of the purchase price would be paid... View More
Charge 1: Solicitation of a minor via computer.
Charge 2: displaying obscene material to a minor.
Charge 3: use of obscene matter with intent to solicit a minor.
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answered on Oct 11, 2023
1. Solicitation of a minor via computer: This can carry a potential sentence of 2 to 10 years in prison.
2. Displaying obscene material to a minor: Depending on the specific statute under which someone is charged, this can also lead to felony penalties.
3. Use of obscene matter with... View More
My business purchases a property with another business and they are renting it out. Is that legal?
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answered on Oct 4, 2023
Assuming the owners are tenants in common, either TIC can lease the property. The unpaid TIC can sue the other for contribution. A suit for a Sale For Partition may be necessary.
I was suspended pending an investigation. I was told not to discuss it and not to go to my workplace. Can the people conducting the investigation go there? They could be destroying evidence that would prove they did wrong and are trying to blame me.
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answered on Oct 3, 2023
Typically, an employer's policy and procedures outline who has the authority to suspend an employee. If you're concerned about evidence being tampered with during an investigation, documenting your concerns in writing and possibly sending them to a neutral third party within the... View More
Unlawful use of vehicle can I show proof that he gave me the car and also am I press charges on him for filing fake report? How can I get my car back? He made a false statement because I didn’t even have the car his friend took it and I have her on APuck
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answered on Oct 15, 2023
In a situation where someone has provided you with a car and there is evidence, such as text messages, confirming their intent to gift you the vehicle, you may have a strong case to demonstrate that you have legal ownership or at least lawful possession of the car. If the individual subsequently... View More
Started work on Monday working for the state of WV.
Had a seizure AT work Friday morning of the same week.
Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.
Returned to work on Monday (2 days later)... View More
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answered on Sep 28, 2023
You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!
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answered on Sep 21, 2023
Receiving Social Security should not automatically disqualify you from a USDA Rural Development (RD) home repair loan. The eligibility for such a loan typically depends on various factors like income, credit history, and the ability to repay the loan. However, the guidelines may consider your total... View More
This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?
answered on Sep 27, 2023
A West Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could continue to await a response, or consult with attorneys who deal with water rights (surface water in this case). It's a narrow area - you might start with asking attorneys who... View More
Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated
answered on Sep 18, 2023
Due to growing safety concerns, on June 8, 2023, Delta-8 became an illegal Schedule 1 controlled substance in West Virginia.
Putting that aside, an employer can fire you for violating its own drug and alcohol policy and is free to include Delta-8 in its policy regardless of whether it is... View More
The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More
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answered on Aug 14, 2023
Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.
Asking to come speak to them. Can I be charged for anything from these messages they have on his phone?
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answered on Aug 2, 2023
If law enforcement has found text messages on a drug dealer's phone that involve you asking to buy drugs, there is a possibility that they may want to speak with you as part of their investigation. The content of the text messages could potentially be used as evidence against you.
If... View More
When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More
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answered on Jul 18, 2023
Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More
Is there any way to get my id without a birth certificate or vice versa
answered on Jul 26, 2023
To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More
He was in a bad accident who by no fault of his own.
answered on Jul 3, 2023
You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More
I was intentionally attached to a property dispute by a local surveyor, who at this time is under investigation by the WV Board of Professional Surveyors, for not only the perjury I have shown said surveyor committed with his Affidavit used in the property dispute, but also, the surveyor was... View More
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answered on Jun 28, 2023
You will need to hire a WV attorney to prepare and file suit against the surveyor. The SOL against surveyors can be short, so call today. Your personal injury torts probably have no place here. Hopefully you have provable damages, and you will need another surveyor to testify to the... View More
This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my... View More
answered on Jun 16, 2023
The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.
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