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Delaware Questions & Answers
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?

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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

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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

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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

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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.

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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?

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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.

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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
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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

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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

2 Answers | Asked in Criminal Law for Delaware on
Q: Today a detective called and notified me of an arrest warrant for my husband. If going in Does he need a lawyer present?

He’s being charged with a class g felony for ALLEGEDLY committing theft under false pretenses over $1500. The detective asked him to come in and talk to get the matter resolved. He wants to willingly go to the station, Is this something he should have a lawyer present for?

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answered on Dec 8, 2023

Ensuring your husband has a lawyer with him when he heads to the police station is crucial for several reasons. Firstly, according to the law (specifically, the Fifth Amendment), he has the right to legal counsel during any police questioning, allowing him to remain silent and have an attorney... View More

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2 Answers | Asked in Criminal Law for Delaware on
Q: Today a detective called and notified me of an arrest warrant for my husband. If going in Does he need a lawyer present?

He’s being charged with a class g felony for ALLEGEDLY committing theft under false pretenses over $1500. The detective asked him to come in and talk to get the matter resolved. He wants to willingly go to the station, Is this something he should have a lawyer present for?

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answered on Dec 8, 2023

Yes, it's strongly recommended that your husband has a lawyer present if he's facing a Class G felony charge for theft under false pretenses, especially given the amount involved. When law enforcement invites someone to discuss matters related to a criminal charge, anything said during... View More

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1 Answer | Asked in Civil Litigation for Delaware on
Q: Driveway damaged by dumpster.

I hired a contractor to repair my home after a house fire. The contractor had a dumpster placed on my driveway. When the dumpster was removed the truck cracked my driveway.

The contractor claims to have reached out to the dumpster company and he claims they are not returning his calls. I... View More

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answered on Nov 24, 2023

In your situation, where the contractor you hired caused damage to your property through a subcontractor (the dumpster company), you typically have the right to seek compensation for the damages. Since your contract was with the contractor and not the dumpster company, the contractor is generally... View More

1 Answer | Asked in Securities Law and Business Law for Delaware on
Q: I want to start a hedge fund in Delaware and act as a manager, do I need a investment advisor licence to do that?
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answered on Nov 19, 2023

Starting a hedge fund in Delaware and acting as its manager does typically require you to register as an investment advisor, depending on certain factors. The requirement for registration is governed by both federal and state laws, which vary based on the assets under management, the number of... View More

1 Answer | Asked in Consumer Law for Delaware on
Q: Invested in a Trust in Delaware, for good returns and full capital protection.I am afraid this is scam. Pls advice

The trust deals with patents and litigation. Stopped returning my emails and calls and partial payments got stuck

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answered on Nov 9, 2023

If you're concerned that your investment in a Delaware trust may be a scam, it's crucial to take immediate action. Verify the legitimacy of the trust by checking if it's registered with the appropriate regulatory bodies. You should also review the communications and agreements you... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can a police officer get a search warrant from another county

Can a Kent County officer get a search warrant signed by a sussex county jpc judge

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answered on Nov 5, 2023

Yes, a police officer can obtain a search warrant from a judge in a different county if the situation warrants it. The jurisdiction of a judge to issue a search warrant typically depends on the location where the search is to be conducted, not the home county of the officer seeking the warrant.... View More

1 Answer | Asked in Estate Planning for Delaware on
Q: does the creator of a revocable trust need my social security number before it becomes an irrevocable trust?

Jurisdiction of the revocable trust is Milford DE

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answered on Oct 26, 2023

In the context of a revocable trust becoming irrevocable in Delaware, the need for your social security number and other information may depend on the trust's terms and the trustee's requirements. As the trust transitions, the trustee or executor may request beneficiary information,... View More

2 Answers | Asked in Immigration Law for Delaware on
Q: can criminal backround checks and other backround checks through organisations is okay for H4 visa without EAD??

I am on H4 visa without EAD. I got an opportunity to volunteer as Dental assistant at Community volunteers in medicine. They are asking me to get my backround checks and criminal record checks. Is it okay to go ahead with this opportunity??

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answered on Oct 23, 2023

Yes, you can generally undergo background checks and criminal record checks for volunteering opportunities while on an H-4 visa without an Employment Authorization Document (EAD). These checks are typically conducted for the safety and security of all individuals involved in the volunteer... View More

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2 Answers | Asked in Immigration Law for Delaware on
Q: can criminal backround checks and other backround checks through organisations is okay for H4 visa without EAD??

I am on H4 visa without EAD. I got an opportunity to volunteer as Dental assistant at Community volunteers in medicine. They are asking me to get my backround checks and criminal record checks. Is it okay to go ahead with this opportunity??

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answered on Oct 24, 2023

Being on an H4 visa without EAD (Employment Authorization Document) means you're not authorized for paid employment. However, volunteering, especially when it's without compensation, is generally permissible. Background checks, including criminal record checks, are standard procedures for... View More

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1 Answer | Asked in Collections for Delaware on
Q: I am being sued in jp court for a credit card debt by a collection agency law firm

the original file date was jul 28 2020 with no other actions until oct 4 2023. is this legal ? isnt there a statute of limitations? the orginal debt is from 2018

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answered on Oct 19, 2023

In Delaware, the statute of limitations for credit card debt is typically 3 years. If the original debt is from 201 and no actions were taken until October 4, 2023, there might be an argument for the debt being time-barred under the statute of limitations. The original file date of July 28, 2020,... View More

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