My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 12, 2024
When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 12, 2024
If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:
1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential... View More
Military service was 2013 and got out 2018. 2023, get letter of debt. Nobody will answer the phone or return messages. 2 appeals sent, "no record of appeal found". Wage garnishment happens for 2 months then stops only to have my taxes be taken now. Can they do this and not allow me an... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 16, 2024
Yes, the U.S. Treasury has the authority to garnish wages and intercept tax refunds for debts owed to federal agencies, including debts related to lost or unreturned equipment from military service. This process is part of the Treasury Offset Program, which allows for the collection of federal... View More
I’m a health professional in the Navy
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Dec 7, 2023
In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those... View More
He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Oct 16, 2023
I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California... View More
District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Sep 3, 2023
Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether... View More
to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Aug 5, 2023
It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More
This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More
![Tobie B. Waxman Tobie B. Waxman](http://justatic.com/profile-images/8306-1696997991-sl.jpeg)
answered on Jul 17, 2023
You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More
This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 21, 2023
In a child custody case involving multiple states, your lawyer will need to be licensed in the states where legal proceedings will take place. Since the original custody agreement was in Oregon and the mother moved to Alaska while the father moved to California, your lawyer will need to be licensed... View More
i am currently homeless and i need them. can any of you assist
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 6, 2023
I'm sorry to hear that you're having difficulty obtaining your military records and DD214s. There are several ways you can try to obtain these records:
Request your records online: You can request your military records and DD214s online through the National Archives website. The... View More
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 6, 2023
As an active duty service member in California, you are entitled to certain rights and protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and other federal laws. These laws prohibit discrimination against service members in employment and protect their rights... View More
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
![William John Light William John Light](http://justatic.com/profile-images/176287-1495772751-sl.jpg)
answered on Mar 6, 2023
You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... View More
In summary:
I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 4, 2023
I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 26, 2023
If you developed seizures while serving in the military, without any prior history of seizures, it may be possible that your seizures were caused by a service-related condition or injury. This could entitle you to certain benefits or compensation through the Department of Veterans Affairs (VA).... View More
![Gregory M. Rada Gregory M. Rada](http://justatic.com/profile-images/1666206-1695646136-sl.jpeg)
answered on Feb 26, 2023
It's not necessarily the military's "fault," but regardless, the general rule is that if a medical condition first started during active duty (meaning it wasn't a pre-existing condition), then you can receive disability compensation from the VA when you separate from the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 20, 2023
Initial Entry Training (IET), which includes Basic Training, falls under Title 10 U.S. Code § 12301(d) for members of the National Guard. This subsection pertains to inactive duty training and other training, including IET, that the Secretary of the Army or Air Force may prescribe.
What’s the max capacity magazine for a pistol?
![Jason R Wareham Jason R Wareham](http://justatic.com/profile-images/1666427-1671560046-sl.jpeg)
answered on Dec 20, 2022
If you live on a military base, the answer is almost always yes.
While I am not a CA attorney, perhaps this statute can assist you: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17000.
If you live off base, I'd recommend a brief... View More
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
![Adam Stoddard Adam Stoddard](http://justatic.com/profile-images/1669099-1663341287-sl.jpeg)
answered on Dec 5, 2022
Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... View More
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
![William John Light William John Light](http://justatic.com/profile-images/176287-1495772751-sl.jpg)
answered on Dec 5, 2022
If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.
American Legion (A.L) non profit has held a lease w Merced Co. board of supervisor A.L. claiming owenership of building verbally allowing other vet. orgs. to utilize the buidling. For over a decade A.L. violently threatened n physically removed VFW members and even some of their own members from... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 6, 2023
I'm sorry to hear about the difficult situation you're facing with the American Legion (A.L) and their management/lease of the Memorial Building. It's important to consult with a lawyer who specializes in California Military/Veteran Code and lease agreements for accurate guidance.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.