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Mark Steven Paullin
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Mark Paullin’s Answers

1,738 total


  • Can I use this or does it have to be drawn up again?

    My father drew up a contract through a lawyer setting me as power of attorney for him and my mother. He used the wrong middle initial for my name. He used my initial from my name before I was married, so it is somewhat correct.

    Mark’s Answer

    Dear Richmond - I think that because YOU are the agent listed in the power of attorney by your father, then you are the agent, even if your middle initial has changed. You should have your marriage certificate with you when you ever use the power of attorney, so that the person you are dealing with knows that you are the agent specified. Take care.

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  • Can an ex-spouse still inherit if will was never changed?

    My sister-in-law was divorced 8 years ago, her ex has passed and never changed his will. They remained close and his intent was for her to inherit, but has the divorce severed that wish? Can she still be the beneficiary of his will if it can prov...

    Mark’s Answer

    Dear Richmond - a will is binding as long as it is not revoked by the testator. This applies even when someone remarries. So - if the surviving former-spouse can get the actual will, she is entitled to what the will says she gets. Good luck.

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  • Is there a way to a have an Misdemeanor assault and battery charge expunged if convicted?

    I was convicted in 2009 for a misdemeanor A&B charge that has made employment challenging. Is there a way to have this charge expunged?

    Mark’s Answer

    Dear Hampton - In Virginia expungement is governed by a statute, VA Code Section 19.2-392.2, which provides that: If a person is charged with the commission of a crime or any offense defined in Title 18.2, and 1. Is acquitted, or 2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.
    So any conviction is NOT capable of being expunged - sorry!

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  • What if any is the maximum amount of work/contract i can do without having a contractors license?

    i want to start my own handyman business in Virginia but Im not sure i will be able to get a contractors license because of my criminal record. Is there a limit to the work and services i can provide as a handyman without having a contractors lice...

    Mark’s Answer

    Regarding contracting without a license in Virginia, be aware that DPOR has investigators whose sole job is to find and charge contractors without licenses! AS the kids say these days - "just saying." Good luck!

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  • Will I have to abide by Virginia law and my license be suspended for a year ?

    I live in and licensed in the state of Virginia while on vacation in Indiana I got a dui I plead guilty and got a 90 day license suspension and fines as well a two days in jail this was my first offense. Now the DMV in virginia has been notified a...

    Mark’s Answer

    Dear Richmond - depending on the suspension imposed by the Indiana court and Virginia DMV, you may want to retain a lawyer to file a petition for a restricted license. If Indiana allowed a restricted license, or your blood alcohol level and other details of the DUI are in line with a "standard" Virginia first offense DUI, you have a better chance of getting a restricted license. The process is to file a petition for a restricted license, then .appear with your lawyer at a hearing and have your lawyer why you need to drive to/from work, ASAP, etc. - Good luck.

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  • Can the court do this and what is the cost home small house about 16th lot of work to repair

    Like too sell family home owned by brother and sister can not agree on price home empty and pay taxes each year for 8 years. Brother does not want to by me out and does not want to sell.

    Mark’s Answer

    Dear Roanoke - a lawyer can help "partition" the property, which involves suing all the owners and presenting evidence of each owner's share and contributions to maintaining/repairing/improving the property. You can use the AVVO find a lawyer feature to locate a local attorney. Good luck!

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  • Can they garnish my SSA check

    I'm on SSA and can't pay my payday loan, will the garnish my SSA check

    Mark’s Answer

    Dear Norfolk - put it this way - SSA payments are EXEMPT from garnishment, but that does not keep some creditors from trying!! Take care!

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  • Can my wages be garnished for my deceased husband's hospital bills?

    My husband passed away, he had no assets. His only possession besides his clothes and things was his car which was turned over to the dealership, as it was still having payments made on it that I could not afford to continue. My husband also did n...

    Mark’s Answer

    Dear Culpeper - i am sorry to hear that hour husband passed away. As other answers have noted, the hospital is not going to go away and it ls very likely that you will be better off consulting with an attorney familiar with these issues. The AVVO find a lawyer feature can assist in locating an attorney near you - good luck!

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  • Can I take him to court after the trail for attorney fees that I paid my attorney for the trial?

    I won a default judgment in small claims court against a former landlord, but the case was set aside when the defendant hired an attorney and we are now set for trial. If I win or lose the trial can I take him to small claims court after the trai...

    Mark’s Answer

    Your lawyer will tell you that unless a statute.or law allows you to recover attorney's fees (consumer protection act claims, etc.) of you are defrauded, yo will NOT get your attorney's fees. They do that in England, but in the USA, each party pay their own lawyer, which is very hard on parties with less disposable income. Sorry! Also - the time to ask for attorney's fees is during the trial, not afterward in separate suit.

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  • How are devices like this allowed on the market. Does my wife have a case and what are her best options?

    My wife had a Teva Paragard IUD put in on February 2015. She was nursing our 3rd child that was born on October 2014 and didn't stop nursing her until December 2015. We found out that she was pregnant (never had a period) on January 17th 2016. T...

    Mark’s Answer

    Dear Herndon - I am sorry to hear of your wife's situation. Please use the AVVO find a lawyer feature and set up a consultation or two with w medical malpractice lawyer in Northern Virginia - there are several excellent attorneys to choose from. I wish you well!

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