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1 Answer | Asked in Immigration Law on
Q: I have a DV2 immigrant visa,I ‘m in the process of Divorce ,how could you help me to enter USA and have my GC?
James L. Arrasmith
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answered on Apr 28, 2024

I understand you are in a difficult situation, going through a divorce while also trying to navigate the U.S. immigration process with a DV-2 immigrant visa. Here is some general information that may be helpful, but please know that for your specific case, it's best to consult with a qualified... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: I’m 70 years old. I’m on a $2000 month fixed income with 15k credit card debt. should i file bankruptcy?

My credit score is 750. I’ve Always paid my bills on time and always pay more than the minimum on credit cards. Now I can barely pay the minimum. citi card won't lower the 24.99% rate or extend the 0%. I can’t pay off $15k in credit card debt at my age. i am considering credit counseling... View More

James L. Arrasmith
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answered on Apr 28, 2024

As someone in your situation, bankruptcy could potentially be a viable option to consider, but it's important to carefully weigh all your options before making a decision. Here are some thoughts and suggestions:

1. Consult with a bankruptcy attorney or credit counselor: It's...
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2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

James L. Arrasmith
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answered on Apr 27, 2024

The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:

1. Creditor claims on settlement funds:

In many cases, settlement funds from a personal injury claim are protected from...
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2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More

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1 Answer | Asked in Education Law, Tax Law and Civil Rights for Massachusetts on
Q: Should I sue my school?

I attend a private high school in MA. The school has meetings that only members of certain races or ethnicities are allowed to attend. The school does not receive federal funds, but is a 501 (c)(3). Could I sue under code IRS 75-50 similar to Bob Jones vs US?

James L. Arrasmith
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answered on Apr 27, 2024

The case you referenced, Bob Jones University v. United States (1983), dealt with the IRS revoking the tax-exempt status of a private university due to its racially discriminatory policies. The Supreme Court ruled that the IRS could revoke the tax-exempt status of organizations that violate... View More

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How weird is my crim trial starting with me left sitting outside and having to argue my way into the courtroom on day 2?

I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More

James L. Arrasmith
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answered on Apr 27, 2024

Based on the details you provided, the way your criminal trial has proceeded so far seems highly unusual and concerning from a constitutional rights perspective. In the United States, a criminal defendant has the right to be present at all critical stages of their trial, which includes jury... View More

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How weird is my crim trial starting with me left sitting outside and having to argue my way into the courtroom on day 2?

I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More

Michael Eric Kraut
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answered on May 2, 2024

I do not believe you can get a new judge under the facts you presented. However, you of course would get a continuance to prepare for trial. Your public defender should not have been handling any matter in curt without you being present.

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1 Answer | Asked in Municipal Law for California on
Q: I am interested in mounting a cylindrical LED billboards around a supermarket parking lot light post to display

advertisement In California

James L. Arrasmith
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answered on Apr 27, 2024

Here are some key considerations for mounting cylindrical LED billboards around a supermarket parking lot light post in California:

1. Permits and regulations: Check with your local city or county planning department about any permits required and regulations related to outdoor advertising,...
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2 Answers | Asked in Personal Injury, Federal Crimes and Medical Malpractice for California on
Q: Upon what circumstances evidence, issue, or terminating sanctions are feasible

Hospice fraud case.

Although issue and or evidence sanctions ordinarily will not be imposed until after an offending party has disobeyed a prior discovery order, a Court may impose such sanctions where the circumstances warrant them.

Upon what circumstances

evidence,... View More

James L. Arrasmith
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answered on Apr 27, 2024

Under California law, evidence, issue, or terminating sanctions can be imposed even without a prior discovery order being disobeyed in certain circumstances where the discovery misconduct is particularly egregious. The key factors courts consider are:

1. The willfulness of the misconduct:...
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2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for California on
Q: Some construction was done but no contract signed by either party

On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More

James L. Arrasmith
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answered on Apr 27, 2024

In this case, the Defendant (D) has several potential arguments to appeal the Small Claims court decision and have the case dismissed:

1. No valid contract: D can argue that there was no valid, enforceable contract between the parties since no contract was signed by either party. Without a...
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2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for California on
Q: Some construction was done but no contract signed by either party

On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

A: I need to know more facts for a better answer, but here are some of my estimations:

1. As you mentioned, there can be a challenge for the Small Claim's (SC) lack of jurisdiction over the case.

2. You may be able to claim "abuse of discretion" in admitting evidence....
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1 Answer | Asked in Insurance Bad Faith for Arizona on
Q: Can I get help dealing with State Farm Auto Insurance over an inflated accident apprasal by Kaizen?

I scratched my car in a "my fault" parking accident. No injury only minor damage to both cars. Other car was fixed. State farm said my car was total loss. Then not totaled, then it was totaled again, Finally not totaled. I have my car. State Farm agreed to fix my car per an... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2024

An Arizona attorney could advise best, but your question remains open for a week. Attorneys may want to know what happened to make State Farm vacillate back and forth in its total loss declaration. Attorneys may also have questions about how scratching a car resulted in a total loss declaration. If... View More

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I moved out of my apt and my roommate is doing a lease takeover, how do I go about getting my security deposit back?

I have moved out of an apartment 1 month before the lease ends and my roommate is doing a lease takeover for the final month. The landlord sent a contract for the lease takeover but it doesn't say anything about me getting my security deposit back. My roommate is already using both bedrooms... View More

James L. Arrasmith
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answered on Apr 27, 2024

Under California law, when a tenant moves out, the landlord must return the security deposit within 21 days after the tenant has vacated the property and returned the keys. In your situation, there are a few steps you should take to ensure you get your security deposit back and are not held liable... View More

2 Answers | Asked in Health Care Law for California on
Q: I am currently on parole and have a gps bracelet. Doctor seen it and included it in my medical history chart. Legal?

Is that legal, now everybody i see potentially as access can view that information. Should have some sense of privacy when it comes to that part of my life.

James L. Arrasmith
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answered on Apr 27, 2024

Under HIPAA (Health Insurance Portability and Accountability Act), your medical information is considered protected health information (PHI). Healthcare providers are required to keep your PHI confidential and can only share it with others under specific circumstances, such as for treatment... View More

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1 Answer | Asked in Civil Litigation for California on
Q: What to do when counsel agrees in writing to a stipulation, but doesn't execute, KNOWING my filing deadline is coming up

Defense counsel said, in an email, that she would stipulate to extend the time I have to respond to defendants' latest filing by x no. of days, and asked that I draft and send a proposed stipulation, which I did within 24 hrs. The proposed stipulation, accompanied by an order, which I emailed... View More

James L. Arrasmith
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answered on Apr 27, 2024

Under California law, if you have an email from the defense counsel agreeing to the stipulation, you can file an ex parte application for an extension of time to file your responsive pleading. Here are the steps you should take:

1. Draft an ex parte application explaining the situation,...
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1 Answer | Asked in Child Support and Family Law for California on
Q: where can i find access to the guidelines / policy regarding child support

i want our child to get braces dental insurance only pays for medical necessity… i can’t afford even on payment plan he says he can’t afford either but i don’t believe him what can i do

James L. Arrasmith
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answered on Apr 27, 2024

In California, child support guidelines and policies can be found through the California Department of Child Support Services (DCSS). Their website, https://www.childsupport.ca.gov/, provides a wealth of information, including a guideline calculator, forms, and resources for parents.... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: my daughters residence is CA and is now in NC because of a custody order that was filed there, what steps do I take.

My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.

James L. Arrasmith
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answered on Apr 27, 2024

In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More

1 Answer | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More

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