Vermont Q&A by Practice Area

  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
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  • Banking
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  • Business Law
  • Cannabis & Marijuana Law
  • Car Accidents
  • Child Custody
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  • Civil Litigation
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  • Constitutional Law
  • Construction Law
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  • Energy, Oil and Gas
  • Entertainment / Sports
  • Environmental
  • Federal Crimes
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  • Gov & Administrative Law
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  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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Vermont Questions & Answers
1 Answer | Asked in Collections for Vermont on
Q: An old friend she owes me money been so far almost over 2yers And she still avoids and running away

I have the txt and our conversations when she used to ask and when I used to give her and last txt she said to me she’s trying but she won’t it’s I have feelings she’s just try to have me forget abd running away instead of pay me back

Christopher Larson
Christopher Larson answered on Aug 3, 2020

You may have to sue your friend - small claims if its $5k or less is fairly simple. Keep those text messages and defiantly print them out when you go to the hearing along with all the other non-related texts between you.

1 Answer | Asked in Family Law for Vermont on
Q: How do I convince an attorney to represent me in a complex case that requires faith?

I just want to file a request for a protection order

Christopher Larson
Christopher Larson answered on Aug 3, 2020

You can file for a protective order (a relief from abuse order in family court) without a lawyer. The important thing is to write out an affidavit carefully that includes why you are in fear for your physical safety. Forms are available at the courthouse or at the judiciary website.

1 Answer | Asked in Medical Malpractice for Vermont on
Q: Can my dentist refuse to see me because of a review I wrote?

A little over a yr ago I had to have some dental work done at Cloud dental in St. Albans. The procedure was was anything but desirable. It started off with being demanded to produce a pregnancy test before I could have any work done, even after I explained that I had had a hysterectomy yrs prior.... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Vermont attorney could advise best, but your question remains open for a month. As a general matter, doctors or dentists are free to choose who they treat. There are exceptions to this premise under a doctor-patient relationship. And there are settings where a third-party relationship where a... Read more »

1 Answer | Asked in Tax Law for Vermont on
Q: How would I go about fixing a non filing for a few years issue?

I have been in a dark place for about 15 years now and just haven't filed. I know that I am facing fines as well as an audit. that being said what can I expect and how harsh can these fines be? I really do need to take care of this issue. Been heavy on my mind for a few years.

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 13, 2020

You should start with a consultation with a tax attorney. Just stay away from the places you see advertised on TV. You do not want to just start filing returns. If you were not entitled to a refund you will be assessed several penalties as well as interest. Working with a tax attorney will... Read more »

2 Answers | Asked in Personal Injury and Products Liability for Vermont on
Q: I need to know how much my claim is worth

My cup ashtray caught on fire, nearly giving my husband a heart attack, and burning both our fingers. he is on ssi for a panic disorder. We called dollar tree who said their claim department would contact us. I was wondering with a fire and a mental disorder involved how much should I ask for?

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

mental distress claims are really difficult and technical. Contact some injury attorneys and get an estimate. If you didn't get medical treatment the answer is very little at all.

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1 Answer | Asked in Libel & Slander and Medical Malpractice for Vermont on
Q: What about falsifying medical records

Doctor knew the information was false but still didn’t remove it which is also libel

Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

It could be libel. It depends on the substance and context, which could mean the difference between mere medical inaccuracy and damage to one's character and reputation. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents for Vermont on
Q: i'm a minor, I was wondering if i just won money from a law suit how can I make sure nothing gets stolen from my family.

I was left out of most conversations about where my money was put into. And pretty much all conversations about my lawsuit that was settled. This specific lawsuit took 2 years too finish.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Someone was representing you and has a fiduciary duty to you. They must explain, give you documentation. An attorney has additional duties.

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1 Answer | Asked in Probate for Vermont on
Q: Maine: A relative dies intestate. No one files probate. Then what?
Nina Whitehurst
Nina Whitehurst answered on Aug 20, 2019

There won't be a probate until someone steps up and petitions to be appointed executor of the estate.

2 Answers | Asked in Gov & Administrative Law and Tax Law for Vermont on
Q: Can I apply stock market capital losses to my federal student loans to pay them off?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 7, 2019

No, that doesn't make any sense.

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1 Answer | Asked in Criminal Law and Personal Injury for Vermont on
Q: I'm being sued for personal injury (overnight hospital stay) sustained to a postal carrier, on my property.

I received a demand letter from an attorney, whose client was alleging he ate cannabis edible cookies he found in my mailbox, the week before Christmas. On the alleged date of his injury, we were not home, and had no knowledge of any cookies. We do live in a legal state (Vermont), and occasionally... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 14, 2019

This is a bit bizarre but nonetheless you should not give the attorney anything but turn it over to your homeowners and let them handle it. They will hire an attorney for you if you are sued. By the way no more posting on social websites--this one included. Good luck.

1 Answer | Asked in Trademark for Vermont on
Q: If a company (in a similar industry) has a product name that's not trademarked, can I use that name as my business name?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jun 10, 2019

No. Trademark rights are based upon use, not registration.

1 Answer | Asked in Criminal Law for Vermont on
Q: Looking for help finding a supreme court case on cell phone searches

Hi, this probably isn't a request you get often but I'm in desperate need of some help. I'm in the middle of a law midterm and I'm searching for a landmark supreme court case in which someone is arrested and their cell phone is seized. The phone isn't locked and the... Read more »

Gary Kollin
Gary Kollin answered on Mar 18, 2019

If this is a school assignment, then you should not be obtaining assistance from an outsider. I believe this is a violation of your honor code.

2 Answers | Asked in Trademark for Vermont on
Q: Can our font be changed for our trademark name?

Our registered Trademark is LuGinDee to sell cooking aprons and t-shirts online. Per a Google search of our name, it was discovered that the typeset is not correct. If you look at the listing for our name, you will see what we mean.

Jason Brooks
Jason Brooks answered on Mar 12, 2019

If you've registered a trademark as just a word mark, in your case, the word "LuGinDee" then you're free to use it in any type or font, color or other style you want, with trademark protection (meaning other can't use it) so long as the word "LuGinDee" is still... Read more »

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1 Answer | Asked in Immigration Law for Vermont on
Q: I have H4 visa. Got selected in H1B and got i797a approval. But ...

I have H4 visa. Got selected in H1B and got i797a approval. But my change of status (cos) is not done yet. Can i re-enter on my valid H4 visa ?

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2019

Your better option is to apply for an H1B visa, based on the I-797A approval notice. Then, you will be able to bypass the change-of-status delay and re-enter the USA as an H1B worker.

This answer assumes you did not violate your H4 visa status prior to leaving the USA, for example...
Read more »

1 Answer | Asked in Personal Injury for Vermont on
Q: My son got injured on a piece of playground equipment during lunch. I suspect this was because he wasn't being properly

supervised. Is the school immune from liability as a government entity?

Tim Akpinar
Tim Akpinar answered on Jan 6, 2019

I do not practice in Vermont, but I noticed your question hasn't been picked up in four weeks. I hope your son is okay. Check with a Vermont personal injury attorney, as many give free consults, and when you do, ask about notice of claim issues. In many jurisdictions, school districts,... Read more »

1 Answer | Asked in Civil Litigation for Vermont on
Q: Is a lawyer service online that you can hire to write motions?
Tim Akpinar
Tim Akpinar answered on Oct 22, 2018

There are legal writing services, but they are generally smaller, and can be harder to find than the companies that sell out-of-the-box legal forms. Some attorneys hold themselves out for project-based work writing appellate briefs, memorandums, and other documents and pleadings. If you found one... Read more »

1 Answer | Asked in Immigration Law and Criminal Law for Vermont on
Q: Will a consular ID card and international drivers license allow you to purchase ammunition in the state of Vermont?

I'm having a hard time finding an answer for this question. This is a fictional scenario, but I need to know if a non-U.S. citizen who only has an international drivers license and a consular ID card would be able to purchase ammunition and magazines in the state of Vermont. I see the state of... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 13, 2018

This is not an immigration question. You need to consult with a criminal attorney.

1 Answer | Asked in Immigration Law for Vermont on
Q: How does an arrest for a minor offense affect a person's green card status?
Carl Shusterman
Carl Shusterman answered on May 9, 2018

It depends. If you are convicted of a drug offense, for example, you could be deported. On the other hand, a petty theft conviction may have no effect on your ability to qualify for a green card.

1 Answer | Asked in Immigration Law for Vermont on
Q: If I get caught with drugs on me while living in the U.S., how can that affect my immigration status?
Carl Shusterman
Carl Shusterman answered on May 9, 2018

This could result in you being deported from the United States.

1 Answer | Asked in Immigration Law for Vermont on
Q: What are the penalties for overstaying a visa?
Carl Shusterman
Carl Shusterman answered on May 9, 2018

Generally, this prevents you from adjusting your status to green card holder in the US with certain exceptions. If you leave the US, you may be subject to a 3 or a 10-year bar to returning to the US unless you obtain an "extreme hardship" waiver.

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