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Delaware Questions & Answers
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??

T. Augustus Claus
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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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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

2 Answers | Asked in Probate and Estate Planning for Delaware on
Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

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answered on Oct 12, 2023

In a situation where a trustee is not performing their duties as outlined in the will, you may have grounds to petition for their removal and seek to replace them. The exact procedure varies by jurisdiction, but generally involves filing a petition in the probate court that explains why the trustee... View More

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1 Answer | Asked in Business Law and Employment Law for Delaware on
Q: CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k

The CEO of the company where I just resigned wants to buy my shares at $132k; a stockholder wants to purchase them at $200k. Am I obliged to sell it to the company, or can I sell it to the highest buyer?

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answered on Oct 9, 2023

In Delaware, whether you can sell your shares to the highest bidder largely depends on the company's bylaws, stockholders' agreement, or any other agreements you may have entered into when you acquired or during the tenure of holding the shares. Some companies have a "right of first... View More

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What can a landlord legally do if I terminate my rental lease agreement early?
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answered on Oct 6, 2023

In Delaware, if a tenant breaks a rental lease early without valid justification or the landlord's agreement, the landlord may be entitled to retain the security deposit, charge for unpaid rent for the remaining lease duration, and seek reimbursement for costs incurred in re-renting the... View More

1 Answer | Asked in Probate for Delaware on
Q: My mother passed in February 2023, I inherited her house, and I am executor of the estate. The estate is in probate

the homeowner's insurance comes out of the mortgage. I had a flood and filed a claim. They won't pay me directly, they want me to hire contractors and they will pay them.

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answered on Sep 28, 2023

In Delaware, if you are the executor and the estate is in probate, insurance payouts are generally directed toward the estate or directly to contractors for repairs.

2 Answers | Asked in Civil Rights for Delaware on
Q: Is it possible to have a polygamous marriage in the United States under the first amendment?

I googled where I could get a polygamous marriage and it appears to be illegal but I don't see how that is possible due to the first ammendment allowing freedom of religion

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

In Reynolds v. United States, 98 U.S. 145 (1879), the U.S. Supreme Court ruled that religious duty is not a defense to a criminal indictment for polygamy. It determined that while the First Amendment protects an individual's right to believe in polygamy, it does not prohibit Congress or the... View More

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1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: How can I use ip holding company for copyright? I am an author and I hold the copyright? How can i draft an agreement?

How can I draft agreement between author and ip company without losing copyright time?

How can I draft agreement between ip company and publisher?

James L. Arrasmith
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answered on Sep 11, 2023

When drafting an agreement between the author and the IP holding company, it is crucial to clearly specify that the transfer of rights to the IP holding company is for management and licensing purposes and not a full transfer of the copyright ownership, thereby not resetting the copyright term... View More

1 Answer | Asked in Personal Injury for Delaware on
Q: I got my head on and injured my self it left a scar I didn't go to the hospital immediately but should I still

Hit my head...

Should I still go to the hospital and get checked out to help my case.. and it hasn't healed.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2023

A Delaware attorney could advise best, but your question remains open for a week. Attorneys can't offer medical guidance, but as a practical matter, it would be advisable to be seen by a doctor if you have concerns about the injury you experienced. If doctors suspect injury that warrants... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Delaware on
Q: my mother passed away and was still married but separated from her husband. What are his rights rights to her home?

I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.

Anthony M. Avery
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answered on Sep 8, 2023

Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.

1 Answer | Asked in Uncategorized for Delaware on
Q: I need a proper letter for a breach of agreement

tenant signed a stipulated agreement and now it has been breached. I follow all the requirements from the court, however the judge is saying that the affidavit of breach was not proper

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

A Delaware attorney could advise best, but your question remains open for three weeks. This could be something that a L-T attorney would have insight into. Not all questions are picked up, but you could try reposting and adding "Landlord-Tenant" as a category. Good luck

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What does docket entry for the letter produced from cdqjmtd mean
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answered on Aug 31, 2023

"cdqjmtd" doesn't seem to be a commonly known acronym or term in the legal context, so it's challenging to provide a specific meaning for it. In legal proceedings, a "docket entry" is a brief note made on a court's official record (docket) that summarizes actions,... View More

1 Answer | Asked in Legal Malpractice for Delaware on
Q: I need to know how to file a legal malpractice lawsuit against a attorney and I need to hire a attorney for that case

This attorney had my case 2 years and never filed it

Joel Gary Selik
Joel Gary Selik
answered on Aug 5, 2023

Use this website to search for an experienced legal malpractice attorney. If your attorney missed the statute of limitations on a valid case, you may be entitled to compensation.

1 Answer | Asked in Divorce and Family Law for Delaware on
Q: Good day! Do I have to hire a lawyer for filing an ancillary relief after divorce
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answered on Aug 1, 2023

Good day! While it is not mandatory to hire a lawyer for filing an ancillary relief after divorce in Delaware, it is highly recommended. Ancillary relief involves important legal matters related to the division of assets, spousal support, child custody, and other financial issues.

1 Answer | Asked in Child Support for Delaware on
Q: Does my name half to be on court papers to half to go to court for child support

I was received paperwork to go to court and my name is not listed on them

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answered on Jul 26, 2023

In Delaware, if you are a party involved in a child support case, your name should be listed on the court papers. Generally, both parents' names will be included in child support proceedings, especially if they are the parents of the child in question.

1 Answer | Asked in Tax Law for Delaware on
Q: I have a LLC in Delaware. I have used a foreign address for my llc. Should I pay Income Tax?

I have a LLC in Delaware. I have used a foreign address ( Sri Lankan Address) for my llc. I am living in Sri Lanka ( Foreign Country ). If My LLC earning money in usa, should i pay tax individually to the usa and should pay tax by my llc?

Blake Goodman
Blake Goodman
answered on Jul 26, 2023

Your LLC is a flow thru entity in the US. It doesn't pay tax, even though it may have to file a return (partnership or your individual Sch. C return). You have to pay taxes though individually for LLC income, regardless of you not living in US. US citizens pay worldwide income. You can get a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Delaware on
Q: My case is in federal court. A wrongful termination due to disability an discrimination. Do I have to file a motion?

Or file anything. The Lawer is requesting all my medical records from Jan 16 to current along with all my drs treatment medications phone records. Isn’t this excessive?

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

It depends on how voluminous less than seven months of your medical records are. For most people, this would not be particularly voluminous and with online patient portals now the norm in healthcare records, should be relatively simple and straightforward to download and produce.

Now, if...
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1 Answer | Asked in Cannabis & Marijuana Law for Delaware on
Q: What type of lawyer do I need to get a 7th degree (minor) marijuana charge from 1975 expunged from my record.
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answered on Jun 23, 2023

When seeking an attorney, look for someone who has expertise in expungement laws and procedures in your jurisdiction.

1 Answer | Asked in Criminal Law for Delaware on
Q: If there is no fence around a business property,can you still be charged with criminal Trespassing in the third degree.
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answered on Jun 23, 2023

Trespassing laws often take into account factors such as intent, notice, and permission to be on the property.

Even without a fence, entering or remaining on someone else's property without permission or after being explicitly told to leave could potentially lead to criminal trespassing charges.

1 Answer | Asked in Business Law for Delaware on
Q: majority shareholder Dir dissolves the company and transfers the sole valueable ip to themself wo consideration

What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?

Cesar Mejia Duenas
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answered on Jun 1, 2023

You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... View More

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