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West Virginia Questions & Answers
1 Answer | Asked in Uncategorized for West Virginia on
Q: I need to know if I have a legal issue. I joined a private pool and paid $459. The pool has a crack & it’s not opening

They don’t want to give us our money back but wants to transfer our money to a public pool where I would lose money or another private pool that requires more money. They won’t answer my emails and I never received a notice. Another member told me. Can I fight them to get my money back

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

You likely are entitled to a refund of your money as they are not providing the services you contracted for.

2 Answers | Asked in Traffic Tickets for West Virginia on
Q: Cop didn't impound my vehicle when it should have been for no insurance or license
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Is this a question or are you bragging that you got away with keeping your car. How did this damage you?

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1 Answer | Asked in Personal Injury for West Virginia on
Q: I got 90 days home confinement with community service. I draw SSI/SSDI in WV do I have to do community service ?
Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A West Virginia attorney could answer best, but your question remains open for two weeks. You could try reposting and adding Criminal Law as a category. Good luck

1 Answer | Asked in Uncategorized for West Virginia on
Q: Are there any lawyers in the Beckley, West Virginia area that do medical power of attorneys?

I’m looking to assign my mother as my medical power of attorney. I’ve had health issues in the past and I will be starting an EMT position hopefully around the fall. Now that I’m a legal adult, and especially because of my health history and what I’m doing I want to have a power of attorney... View More

Tim Akpinar
Tim Akpinar
answered on May 18, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. It's difficult for attorneys here to offer services - the format here is basically Q & A. There's a tab above, "Find a Lawyer," that lists attorneys by region. You could also look into... View More

1 Answer | Asked in Family Law for West Virginia on
Q: How to create a legally binding document that would assign ownership to a house during separation

My boyfriend and I have been together for over 6 years and now own 2 homes together. I am on the deed for both, but only the mortgage for 1. We would like to create a legally binding agreement that if either if us decide we want to separate that a quit claim would be filed for both houses to assign... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2023

The simple answer to your question is yes, it can be done. This falls within the family law area and any family law lawyer in your area (I'm in California so I can't do it) should be able to draft an appropriate agreement for you.

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for West Virginia on
Q: put wrong date on claim will claim get dismissed
Tim Akpinar
Tim Akpinar
answered on May 15, 2023

A West Virginia attorney could advise best, but your question remains open for four weeks. When it comes to information on insurance forms in general, errors of that kind can usually be corrected if entered accidentally and innocently. Good luck

2 Answers | Asked in Personal Injury for West Virginia on
Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?
Peter N. Munsing
Peter N. Munsing
answered on May 3, 2023

For starters, get medical treatment/examination. If you can photograph the hole. You are a business invitee, and are owed a higher duty of care than a trespasser (I'm assuming this was during normal business hours.

Your right to recovery will be affected by what you say. Avoid...
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1 Answer | Asked in Personal Injury and Products Liability for West Virginia on
Q: Can I sue a company if their commercial gave me migraines?

In 2016, a television commercial for a product flashed rapidly in my darkened bedroom. It was so awful that it gave me a tremendous headache in my temples. I've been having debilitating headaches in my temples, at least once a week, every week since that day in 2016. I had never had headaches... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2023

A West Virginia attorney could advise best, but your question remains open for four weeks. It sounds like it could be a difficult case to find a law firm on a contingency basis. Aside from the element of foreseeability, damages such as headaches can be hard to argue in court. They are not like... View More

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: If a home sales (lived in more than 2 yrs), with proceeds <$100K, will I get taxed if I sit on the money buying a house

Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K

Matthew J. Sherman
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answered on Mar 23, 2023

If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.

1) Your home sale must not have been property you acquired in a...
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1 Answer | Asked in Tax Law, Federal Crimes, Identity Theft, Criminal Law and Divorce for West Virginia on
Q: I’m currently in the middle of a divorce and I just found out my exwife filed her taxes married/joint and the preparer

She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS.

You may also want...
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1 Answer | Asked in Criminal Law and Federal Crimes for West Virginia on
Q: Can the fed. prosecutor use use charges previously dropped against me to determine sentencing guidelines?
James L. Arrasmith
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answered on Mar 19, 2023

In general, the Federal Sentencing Guidelines provide a framework for determining the appropriate sentence for a federal offense, based on the severity of the crime and the offender's criminal history. The guidelines take into account a variety of factors, including the offense level and the... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for West Virginia on
Q: We have a case against Antero Resources filed at the West Virginia Supreme court of Appeals-12.5 net acreage Tyler Co WV

we filed it 9/2/2021, we are still waiting for an answer-they have held onto our case for 559 days Case no 21-0164 We filed an Injunction on 1/9/2023-no answer

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

Hire a competent WV attorney. Move for a default judgment for the relief you want. With real property it should be very precise. If the title is involved, a certified copy of the judgment should be recorded with land records.

2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Professor & textbook say the US is first to invent other sources say the US is first to file. What do I put in my notes?

My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 7, 2023

For many years, the US was a first to invent country. That changed in 2011 see -- https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act

There is a narrow exception that if someone takes the idea of another (AND YOU CAN PROVE THAT) then the first to file will lose out over...
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2 Answers | Asked in Medical Malpractice and Health Care Law for West Virginia on
Q: Can a dr add marijuana user to your chart when you have liscense and state does not require informing docs?

I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

There is no limit on what doctors may or may not put in your records.

Some faculties/medical groups have procedures to addresses issues in patients' medical records.

In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.

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1 Answer | Asked in Federal Crimes for West Virginia on
Q: Is there any way of getting credit for 16 months on US Marshall pre-trial home incarceration?
James L. Arrasmith
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answered on Mar 4, 2023

It is possible to receive credit for time served on pre-trial home incarceration, but it will depend on the specific circumstances and the laws in the jurisdiction where the case is being heard. Generally, if a person is found not guilty or if the charges are dismissed, they may be able to receive... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: Roth IRA Contribution and Withdrawal Question with AGI greater than $214,000 (2022)

I have a traditional federal govt retirment account and a Roth IRA which I started in 2022. Im also over age 60 in 2022. I made contributions not knowing that my household income would exceed the IRA limit. I have not filed my tax return for 2022. I requested a Roth IRA withdrawal for the exact... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you have made a contribution to a Roth IRA for tax year 2022 and your modified adjusted gross income (MAGI) exceeds certain limits, you may be subject to an excess contribution penalty tax. For tax year 2022, the phase-out range for Roth IRA contributions for individuals filing as single or head... View More

1 Answer | Asked in Uncategorized for West Virginia on
Q: im trying to find a lawyer to dispute a settlement that my farther left to me and my two brothers from MetLife my one

MetLife said that the policy was changed but farther did not change my one brother Forged his and made his self soul benfishary but my dad called MetLife 3 Day before he died and MetLife said it was still all three of us

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2023

A West Virginia attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services in response to your post seeking legal services. This site doesn't work like an attorney referral site; it's only a question &... View More

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: If you're incarcerated can you still keep your inheritance that you inherited in the will
Anthony M. Avery
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answered on Dec 19, 2022

Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.

1 Answer | Asked in Car Accidents for West Virginia on
Q: I was at a stop sign behind a city dump truck driver. He backed into my car. Possibly totaled. What do I do?

I arrived behind a city dirt dump truck at a stop sign. He seen people he knew in the parking lot beside him and decided to change course. He put his truck in reverse and slammed into me. I'm missing multiple days of work, as well as having to pay 3$ a day rental fee, and I just bought my car... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

A West Virginia attorney could advise best, but your question remains open for two weeks. One option is to file a claim or lawsuit. Until you're able to consult with a local attorney, keep in mind that as a general matter nationwide, there could be short deadlines for bringing claims against... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If a cram down in paid in full during a Chapter 13, is the loan considered paid upon a dismissal of Chapter 13?

In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2022

In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... View More

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