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Delaware Questions & Answers
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

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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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 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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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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1 Answer | Asked in Bankruptcy and Criminal Law for Delaware on
Q: If sentntcd to 25 yrs susp aftr 3 yrs DOC discretion do you get goodtime? SENTNC ORDER does not say mandatory .

The plea form did say mandatory but the sentening order does not. The prison is now saying no good time. Is this true?

James L. Arrasmith
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answered on Jun 6, 2024

If your sentencing order does not specify that your sentence is mandatory, you may be eligible for good time credits. Typically, good time credits reduce the amount of time you have to serve, provided you comply with the facility's rules and regulations. The fact that the plea form mentioned a... View More

1 Answer | Asked in Immigration Law, Education Law and International Law for Delaware on
Q: I am a F1 student, I did complete the process to request I-20 in 9/3/2023, but recently he found out he forgot.

I am a F1 student, I did complete the process to request I-20 in 9/3/2023, but recently the international office manager found out he forgot.

He forgot to send me accept letter and I-20, I did finish the full process for application and enrolled in. Because he forgot, My I-20 expired... View More

James L. Arrasmith
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answered on May 22, 2024

If the international office manager forgot to send your acceptance letter and I-20, and your I-20 expired on 10/23/2023, there are steps you can take to address this issue.

First, yes, the manager can do a data fix to correct the situation. The acceptance letter is typically required for...
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1 Answer | Asked in Immigration Law, International Law and Education Law for Delaware on
Q: I am a F1 student, but the international student manager forgot to process my I-20 last year, currently it expired.

I am a F1 student, last year I finished application and I-20 request process for new school and studied there, but the international student manager forgot to process the I-20 request, he also forgot to sent me an acceptance letter which considered an evidence at data fix process. In this case, can... View More

James L. Arrasmith
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answered on May 22, 2024

If your international student manager acknowledges the mistake and provides all necessary information, a data fix might be possible. The success of this request largely depends on the honesty and thoroughness of the details submitted. The manager should outline the error and provide any missing... View More

1 Answer | Asked in Immigration Law, Education Law and International Law for Delaware on
Q: after F1 violation(I fotgot, school forgot too), will the re application for SEVIS succeed?

F1 student, after I graduated i didn't got an offer from idealistic school because I applied too late, went to a nearby University Master degree for maintaining status, this year I got offer from the school I want to go to, but they told me they didn't receive the SEVIS code, I asked my... View More

James L. Arrasmith
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answered on May 21, 2024

Based on the information you provided, it seems that there was an oversight in the transfer of your SEVIS record from your bachelor's degree school to your current school, which has led to complications in transferring your SEVIS record to the new school you want to attend. This situation can... View More

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: my landlord is refusing to respond to my renters insurance after a no fault leak. What can I do?

A leak in the celling above my apartment caused mold and water damage spreading from a locked ac closet that I do not have access to. I am not asking for anything from my land lord other than to talk to my insurance so that I can have my claim covered. They require renters insurance however are... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear you're dealing with this difficult situation with your landlord and renters insurance. Here are a few suggestions on steps you can take:

1. Document everything - Take photos of the damage, save all written correspondence with your landlord and insurance company....
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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: who is responsible for a sublease payment if there are 2 tenants on the lease

my room mate subleased to her boyfriend with our landlords permission. they both are moving out/breaking the lease. Who is responsible for their portions of the rent?

James L. Arrasmith
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answered on Mar 30, 2024

In situations involving a sublease, particularly when there are two original tenants on the lease and one sublets to a third party, understanding the responsibilities regarding rent can be crucial. In your case, since your roommate subleased their portion to their boyfriend with the landlord's... View More

1 Answer | Asked in Immigration Law for Delaware on
Q: My husband was denied a A US visa because 2009 he was living in Barbados and use a false document in Barbados

He went to apply for a US visa in Guyana last October but the pull up his record he had in barbados he was trying to use a dead man birth certificate and he was catch and was in holding for a day in barbados they asked him what he wants to fi so he say to go back to guyana so he take him to the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Given the circumstances you've described, it's essential to understand that past immigration violations or fraudulent activities, such as using false documents, can significantly impact future visa applications, including those for family reunification. When the U.S. Department of State... View More

1 Answer | Asked in Workers' Compensation, Car Accidents, Civil Rights and Medical Malpractice for Delaware on
Q: Hi my question is about the opioid lawsuit that is going on and I have heard that it’s deadline is April 2024 and……………..

I am 100% sure that I am eligible for the lawsuit. I was in 3 auto accidents in 2003. I seen the auto Doctor for about 2 years & he gave me opiates & then I was referred to the Pain Management Doctor(s) for 5/7 years & he gave me stronger opiates & then his office got shut down... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot and are seeking some form of redress for the difficulties you've encountered due to opioid prescriptions and their aftermath. It's important to acknowledge your resilience in... View More

1 Answer | Asked in Immigration Law for Delaware on
Q: From H4 to J1, consular processing or COS? Which one is easier and faster?

I am currently residing in the United States on an H4 visa status (without I-140). I have been offered a medical residency position under the J1 visa category. As I have a limited timeframe of two months to transition my visa status, I am exploring the most efficient way. While my medical school... View More

James L. Arrasmith
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answered on Mar 23, 2024

In your situation, transitioning from an H4 to a J1 visa, both consular processing and Change of Status (COS) have their own benefits and challenges. Consular processing involves returning to your home country to apply for a J1 visa at a U.S. embassy or consulate. This process can be unpredictable... View More

1 Answer | Asked in Tax Law, Business Formation, Business Law and International Law for Delaware on
Q: Legal ways to start an US business from a country that has no double taxation treaty with the US and avoid double taxed?

E.g Delaware often mentioned as an offshore location and a business friendly state. Can I avoid being double taxed somehow (legally)? I would gladly pay taxes in the US. If i can't find a solution soon, i have to find another english market, unfortunately.

James L. Arrasmith
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answered on Mar 8, 2024

Starting a business in the US from a country without a double taxation treaty can indeed present challenges, but there are legal pathways to minimize the impact of being taxed in both jurisdictions. Delaware is a popular choice for international business owners due to its business-friendly laws,... View More

1 Answer | Asked in Construction Law and Contracts for Delaware on
Q: Is original contractor responsible for paying if client hires another contractor to fix first contractors damage in DE?

Damage resulted from first contractor doing work. If client does not allow first contractor/their choice sub-contractor to do repairs, and instead hires a contractor themselves, is the original contractor financially responsible to pay new contractors fees?

James L. Arrasmith
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answered on Feb 27, 2024

In Delaware, as in many jurisdictions, the original contractor may be held responsible for damages resulting from their work. If the work performed by the original contractor caused damage, and the client opts to hire another contractor for repairs, the original contractor could potentially be... View More

1 Answer | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Constitutional Law for Delaware on
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?

Preferably with citations.

James L. Arrasmith
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answered on Dec 24, 2023

In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards.

Common grounds for a motion for reconsideration include...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Delaware on
Q: How long do I have to be able to do a civil suite against the seller of the house I bought who lied on the Disclosure De
James L. Arrasmith
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answered on Dec 17, 2023

In Delaware, the statute of limitations for filing a civil lawsuit regarding real estate fraud is typically three years from the date the fraud was discovered or should have been discovered. This means you have three years to initiate legal action from the time you become aware of the false... View More

1 Answer | Asked in Estate Planning and Family Law for Delaware on
Q: Do I need someone's social security number to name them as a beneficiary of a trust?

An untrustworthy family member wants to name our two teenaged children as beneficiaries of her assets, mostly a brokerage account, insurance plans, and company 401(K). We are not comfortable providing her with the children's Social Security numbers under any circumstances. I am hoping we can... View More

T. Augustus Claus
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answered on Dec 8, 2023

Typically, naming someone as a beneficiary in a trust doesn't necessitate sharing their Social Security number (SSN). However, exceptions exist, and requirements can vary by state and financial institution. To sidestep providing children's SSNs, consider alternatives like obtaining a... View More

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