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Delaware Questions & Answers
1 Answer | Asked in Traffic Tickets, Civil Litigation and Civil Rights for Delaware on
Q: Car was towed from private property

My vehicle was towed from a shipping center in new castle County Delaware, I was parked there overnight but there were no signs indicating any enforcement. There were only fire lane signs

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

It would appear that parking in a fire lane in PA is a towable offense. Don't need additional warning signs about towing. Probably Tow Company called by Mall Security.

1 Answer | Asked in Small Claims for Delaware on
Q: can they ban entry from the usa for shop lifting? they didnt take my passport or fingerprints, just my name

no cops involved, the people from the store told me that

Salmina Tarek
Salmina Tarek
answered on May 2, 2023

For information is needed. If this is an immigration question some factors to consider would be if the shoplifting is a misdemeanor or felony, and whether this is the first offense among other things.

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: what are my lifetime rights worth?

DE: spouse died, no will, adult children from 1st marriage, minor from our marriage. house in his name. must sell house to pay his bills. how do we calculate what my "lifetime rights" are worth?

Anthony M. Avery
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answered on Mar 8, 2023

There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a... View More

1 Answer | Asked in Federal Crimes and International Law for Delaware on
Q: What would US diplomats in the UK do a British woman gives birth to a child

What would US diplomats in the UK do a British woman gives birth to a child and she makes clear that she does not want her child to be a US citizen because of the IRS taxes and does not want her child taken out the UK and Ireland and does not want her child to visit the USA before age 18 for child... View More

James L. Arrasmith
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answered on Mar 4, 2023

If a British woman gives birth to a child in the UK and does not want the child to be a US citizen, US diplomats in the UK would not have any involvement in this matter. It is the choice of the parents whether to apply for US citizenship for their child or not. If the child is not a US citizen,... View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Delaware on
Q: Trying to see if there's any anti theft devices for air conditioner condensing units that don't require hook up to alarm

One that just makes noises, and wont need to be wired into a home burglary system.

James L. Arrasmith
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answered on Feb 25, 2023

There are several types of anti-theft devices available for air conditioner condensing units that do not require hook up to an alarm system. Some of these devices use motion sensors to detect movement around the unit and sound an alarm if triggered. Others use tamper-resistant covers to prevent... View More

1 Answer | Asked in Insurance Bad Faith for Delaware on
Q: I have an insurance that is refusing to pay for a benefit I was assured they would pay for before getting it.

I have screenshots and emails saying they will but still deny benefit.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

A Delaware attorney could advise best, but your question remains open for a week. If they issued you a denial form or a denial letter, it's possible those could outline your recourses, in terms of litigation, arbitration, etc. There aren't many details here, but one of your options is... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: How do I move back into my house after legally being removed from it. I own the home.

Hello i just finished a pfa order that was in effect for 2yrs and have been out of my home since. Case was dismissed and my ex who's been living there doesn't want me to come back refuses to pay rent and won't leave voluntarily. We have no verbal or written arrangements for her to be... View More

Anthony M. Avery
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answered on Dec 19, 2022

Suing her for possession ("eviction") is in order if you are the owner. If someone else owns it with you, then you may file suit for a Sale For Partition. Your lawyer should have already had you ready to do this when the opportunity arose. She will be going after you for child support,... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: If I am inventor on a patent owned by the corporation I work for and the patent gets licensed, am I entitled to paymnt?

I live in the state of Delaware and am an inventor on a patent owned by my company (they are a non-profit and they applied for the patent; I did the work during my employment with them). The patent is going to be licensed by a company. I want to know whether I have legal grounds for compensation... View More

Cameron Tousi
Cameron Tousi
answered on Oct 21, 2022

You've asked an important question, that comes up often with employees, and the answer is somewhat complicated.

In their employment agreements, many employers these days require new employees to assign any and all rights to their new inventions to the company. They also typically...
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1 Answer | Asked in Bankruptcy for Delaware on
Q: Repocession help

I have a loan in Pa, but moved to De, which repo laws are inforced

Timothy Denison
Timothy Denison
answered on Aug 4, 2022

What is your question?

1 Answer | Asked in Real Estate Law for Delaware on
Q: What are my rights on a house if I am on the deed but not the mortgage?
Anthony M. Avery
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answered on Jul 13, 2022

If you are the grantee on a Deed then you own some interest or the Fee Simple Absolute Estate in the real property. The Mortgage/Deed of Trust is a recorded security instrument against the land, securing the repayment of the Note. If you own it, then it is SUBJECT TO THE Mortgage. But unless... View More

1 Answer | Asked in Car Accidents for Delaware on
Q: My car was parked in front of a grocery store with my mom in the car. A commercial van had backed into us.

The driver I believe is uninsured as he said he would pay for the damages. The driver also has a temporary license. We did not file a police report. The driver does not own the company vehicle but does work for the company. There is video footage of my car getting hit Infront of the grocery store.... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 16, 2022

Since most attorneys who practice accident/injury law will provide a free consultation, I would recommend that use the Justia Find an Attorney tab and search for accident/injury lawyers in your area----call a few of them, set up consultations, and after meeting with 1 or more of them, then decide... View More

2 Answers | Asked in Bankruptcy for Delaware on
Q: Can you file for bankruptcy if none of your bills f your bills are in collections
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2022

Yes.

There are two basic tests for whether one is bankruptcy-

1. Inability to pay debts as they become due, and

2. If the total amount of your debts exceeds the total value of your assets.

Eligibility for specific chapters of bankruptcy are set forth in Section 109 of the Bankruptcy Code.

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1 Answer | Asked in Copyright for Delaware on
Q: I'm developing a game and will be parodying famous locations.

Will changing a letter in name and their specialty be good enough to not get any kind of copyright claim or some kind of takedown request? Think in the style of the Grand Theft Auto video game series by Rockstar.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2021

Depends.

You should consult with an attorney.

Using names of public common places may not be an issue.

1 Answer | Asked in Immigration Law for Delaware on
Q: Can I apply for US Citizenship with a Lost Green Card?

Recently I have lost my Green Card at the Philadelphia International Airport. My question is can I apply for Naturalization process with a lost Green Card? I do have scanned copy of the Green Card, and a Police File Report for the incident. Before I incur the I 90 cost, I wanted to verify whether I... View More

Agnes Jury
Agnes Jury
answered on Dec 22, 2021

Yes. As long as your green card is valid at the time that you apply for Citizenship and you have a copy of the front and back of it to submit with your naturalization application, you are ok to apply. Best wishes!

1 Answer | Asked in Estate Planning for Delaware on
Q: Is a vehicle with an outstanding loan an estate asset in Delaware?
Nina Whitehurst
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answered on Dec 1, 2021

I do not practice in Delaware, but everywhere that I do practice, yes, a vehicle with an outstanding loan is both an estate asset (as to the value of the vehicle) and an outstanding estate debt (as to the outstanding balance of the loan).

This type of asset generates all kinds of issues...
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2 Answers | Asked in Bankruptcy for Delaware on
Q: Does my state's "Doctrine of Necessaries" mean I, unemployed, can't expect a ch7 discharge if my spouse makes an income?

I'm very confused by Delaware state code's "duty to support" clause and how it applies to my bankruptcy case. The clause says each spouse has the duty to support the other, so my wife is technically responsible for my ER bills? But the subsequent clause states that this duty... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 14, 2021

Section 109 of the Bankruptcy Code determines who is eligible for relief under each of the different bankruptcy "chapters", e.g., 7, 13, 11, etc.

Federal law, it is often said, is the "supreme law of the land", and that is certainly true where a determination of who may...
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1 Answer | Asked in Civil Rights, Federal Crimes, International Law and Small Claims for Delaware on
Q: I need help suing Puerto Rico

I live in Delaware I am the father of four daughters who live in Puerto Rico in 2008 for which a pension was fixed for me in 2011 in 2019 my eldest daughter turned 21 years old and still continues to pay the pension in in 2019 and second daughter left home and still continues to pay the pension in... View More

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2021

You might have better chances of a response with this question if you reposted under Puerto Rico. Your post remains open for two weeks. Even though you're in Delaware, it sounds like Puerto Rico is where the pension originates from. There is not a section here for Pensions, but you could try... View More

1 Answer | Asked in Medical Malpractice for Delaware on
Q: i have a mal practice question regarding surgery i had on my foot

i had a surgery on my left foot.i went to a foot dr. (podiatrist) and told him i had numbness in 2 of my toes so he sent me for an exray went back he said he was still unsure so he sent me for a mri went back and he said i know what it is and that i would need surgery ok so i had surgery and in... View More

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2021

A Delaware attorney could advise best, but your question remains open for five weeks. You could reach out to discuss with attorneys - the fact that you don't have money to hire an attorney is not generally a concern with med mal cases. They are usually handled on a contingency basis. In terms... View More

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Delaware on
Q: Can a website judge me or charge my card?

A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... View More

Timothy Denison
Timothy Denison
answered on Jul 14, 2021

Depends solely on your card member agreementvterms.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: I have a software that I want to protect, what would be the best option as I was recommended that copyright is not best

Option as copyright will provide public access, although not clear for me, but what do you recommend

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

So I know its been a min since you've posted this question, but if you've developed a "new" software it might be best to seek a patent for your invention.

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