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Delaware Questions & Answers
1 Answer | Asked in Intellectual Property for Delaware on
Q: How do I dispute a Trademark?
Charles Snyderman
Charles Snyderman
answered on Apr 25, 2014

Trademark disputes are best handled by an attorney. Trademark disputes are usually started with a cease and desist letter.

1 Answer | Asked in Employment Law for Delaware on
Q: Can a employer put you in position if you were only inquiring about it

Their response from them was take it or leave it. Plus since Ive been on this shift Ive not been compensated for second differentia or retroed for the timel. Its been 3 months. An we just received our raises and

it was stil not there.

Charles Snyderman
Charles Snyderman
answered on Apr 25, 2014

I'm sorry to say that you have not provided enough information. If possible, please try again.

1 Answer | Asked in Criminal Law for Delaware on
Q: What is the process of applying for expungement of criminal record?

Wilmington, delaware

Charles Snyderman
Charles Snyderman
answered on Apr 25, 2014

The procedure is set forth in detail on the Court's website. Here's a link. http://courts.delaware.gov/forms/download.aspx?ID=62048

1 Answer | Asked in Family Law for Delaware on
Q: Must a guardian of property retain counsel
Charles Snyderman
Charles Snyderman
answered on Apr 17, 2014

Please explain what led you to ask this question.

1 Answer | Asked in Business Formation for Delaware on
Q: How should I go about opening a bank account for my Delaware LLC?

I recently registered a single member Delaware LLC and have a EIN for it. I do not live in the USA and therefore have no SSN/ITIN.

The purpose of the LLC is to process orders more efficiently for our USA clients.

After registering the LLC (through a document filing service that also... View More

Charles Snyderman
Charles Snyderman
answered on Apr 17, 2014

You should be able to open a bank account in the U.S. without actually coming to the U.S. You say you do not have an ITIN. Why not? It is not difficult to obtain. You will need that so the bank can identify you. The IRS website has instructions for obtaining an ITIN.

2 Answers | Asked in Landlord - Tenant for Delaware on
Q: Am I required to show proof of depositing the tenants security deposit? I provided only bank name and location.

After I provided the bank and location, tenant asked for proof of deposit or they will take legal action. My deposit account is called Security Deposit acct in a fed insured DE bank

Charles Snyderman
Charles Snyderman
answered on Apr 5, 2014

You are not required to show proof that the security deposit was actually deposited. Here's what the statute says:

Each security deposit shall be placed by the landlord in an escrow bank account in a federally-insured banking institution with an office that accepts deposits within the...
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1 Answer | Asked in Estate Planning for Delaware on
Q: In the state of Delaware if there is no will what % of the estate goes to the children and what to surviving spouse?
Charles Snyderman
Charles Snyderman
answered on Mar 25, 2014

This answer assumes that the children are the children of both the decedent and the surviving spouse. Under Delaware law, the surviving spouse gets the first $50,000 of the personal estate, plus 50% of the balance of the personal estate. If the surviving spouse took title to the house with the... View More

1 Answer | Asked in Consumer Law for Delaware on
Q: What recourse does the buyer have when trying to return car 4 months later?

I helped a friend sell her car by putting it on my lawn. She gave me permission to sell it. I wrote a bill of sale with my name on it but the title was signed by owner not me. All money went to owner. I did not receive anything in return for this. I never owned it, drove it, or anything. I was... View More

Charles Snyderman
Charles Snyderman
answered on Mar 25, 2014

Please explain why the bill of sale had your name on it when you were not the owner?

1 Answer | Asked in Personal Injury for Delaware on
Q: Can a judge over rule a law in a civil action?
Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

I wish you had provided more information. However, a judge has the power to find a law unconstitutional. Otherwise, a judge is obligated to follow the law.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: My landlord never provided me with my renewal lease. What can i Do?
Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

Under your written lease, what does it say about the end of the term? For example, does it say that the lease automatically renews for another year if neither party terminates it? Does it say that it expires at the end of the term unless it is renewed? More information is needed before your... View More

1 Answer | Asked in Business Formation for Delaware on
Q: How would a uk company incorporate in the united states

If a uk company wanted to have dealings inside the united states how would that company incorporate within the us boarders

Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

Choose a State to incorporate in, and then find an attorney with expertise in that area.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Resident moved in and cancelled his credit card so that we could not receive the deposit funds.
Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

You have not asked a question. Please do so, and I will try to answer it.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Will my credit be affected if my ex-fiancee filed for Bankruptcy and put both our names are on the mortgage?

My ex and I purchased a home together and both names are on the mortgage and deed. We broke up and she continued to live in the house, while I paid the mortgage. She abandoned the property over a year ago and moved out of state and I continued to pay the mortgage.

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

It will say that the account was in a Bky, but as long as you make the payments timely, it shouldn't matter.

1 Answer | Asked in Consumer Law for Delaware on
Q: Can a judge order a vehicle lien company to remove someone off of the loan?
Charles Snyderman
Charles Snyderman
answered on Dec 22, 2013

Please provide more information about the situation you are describing.

2 Answers | Asked in Criminal Law for Delaware on
Q: I HAD A FELONEY 30 YEARS AGO CAN I BECOME A LAWYER
Kristin Treager
Kristin Treager
answered on Dec 6, 2013

I'd suggest that you contact the Delaware Bar Association if that is the State in which you plan to reside and practice. http://www.dsba.org/ I would also contact the law schools at which you plan to apply. They may have their own rules restricting those who may apply based on criminal... View More

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1 Answer | Asked in Estate Planning for Delaware on
Q: What does it mean when you get a notice from petititioners lawer saying.....please take notice that the undersigned

Attourney will the take records depositionof the RECORDS CUSTODIAN OF THE STATE BUREAU OF IDENTIFICATION, on august 1, 2013

Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

This is the lawyer's way of informing you that he has subpoenaed certain records. A deposition will not be taken so long as the records are produced by the stated date.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Tennant did not give proper notification to end lease. Now tennant owe's past rent and wants deposit back
Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

The Delaware Landlord Tenant Code provides that one of the uses of a security deposit is to cover unpaid rent. However, there are very strict requirements that must be followed by a landlord before he can apply the security deposit to back rent. It is recommended that you consult with an attorney.

1 Answer | Asked in Medical Malpractice for Delaware on
Q: Can I sue my doctor if im pregnant after a tubal ligation?
Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

Whether you can bring a successful lawsuit against the doctor depends on whether the doctor breached the standard of care, and if he did, whether that breach resulted in harm to you. Before a lawsuit can be filed in Delaware for medical malpractice, an affidavit of merit must be obtained from a... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: Is a bicyclist who is following vehicle traffic rules considered a pedestrian when hit by another vehicle?
Charles Snyderman
Charles Snyderman
answered on Oct 7, 2013

In Delaware, a bicyclist has the same rights and duties of the driver of a car.

1 Answer | Asked in Collections for Delaware on
Q: What is a summons is garnishment for to garnish bank accounts or pay checks?
Charles Snyderman
Charles Snyderman
answered on Sep 30, 2013

A creditor who gets a money judgment can attempt to collect the amount owed by filing a wage attachment with the Court. The Court then notifies the debtor's employer that its employee

s wages have been attached. The employer must then deduct 15% of the employee's take home pay and...
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