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John Frederick Sawyer
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John Sawyer’s Answers

8 total

  • Can you help with a Will.

    54 Years of age.

    John’s Answer

    Of course. We can prepare a will or appropriate estate plan for you if that is the question, or we can probate one if that is your issue. Please contact my office and ask for my assistant, Marsha, and we can set an appointment.

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  • My sister has POA over my mother. However, my mother refuses to listen to her about protecting her money. What can my sister do?

    My mother lives with her because she cannot live on her own. Does my sister have any say about placing my mother's money in a trust? My mother also has a mental illness but not sure that makes her incompetent. She was advised (my mother) by an eld...

    John’s Answer

    I routinely handle matters such as this. I'd be glad to meet with you and your sister to discuss the matter. Please contact my assistant, Marsha, at 497-6633 if you would like to schedule an appointment. Best regards,
    John Sawyer

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  • Elder parent in nursing home unable to handle affairs what is needed to do to pay the bills

    she is not sure where she is or who we are at times

    John’s Answer

    As previously referenced, I assume that she does not have a power of attorney and I assume she lacks the capacity at this stage to execute one. If that is the case, then a guardianship and conservatorship is needed. I routinely practice in Portsmouth and would welcome the opportunity to assist you. Please contact me at 757-554-0228 to discuss the matter and schedule an appointment.

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  • What might happen ?

    Well the first time was when I was sixteen , I was with a friend but I got charged to . They gave me community service , and recently a few days ago I was pressured at Walmart by my friend to take almost $80 worth of clothes and was caught the cop...

    John’s Answer

    You need counsel.
    Call my partner Steve Pfeiffer on Monday.
    497-6633

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  • I am a landlord for one property in Virginia. My question is regarding eviction. The property was leased to Girl 1 and Girl 2.

    The lease expires 9/15/13. Girl 1l moved out. That's fine with us. Girl 2 won't, but can't afford to stay. I mailed each girl a 21/30 notice of intent to evict because of abandonment which Girl 2 never picked up from the post office. Rent was due ...

    John’s Answer

    Yes, but you need to be mindful of the terms of your lease. If the lease has a cure period provision and payment occurs within that period, then there is no breach. If no payment comes in, then after you have issued the 5 day later and any applicable cure period has expired, then you may move to evict in general district court through the filing of an Unlawful Detainer.

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  • My renter moved out with his furniture without giving notice. What should be my next course of action? No rent since last month.

    No rent has been given since last month. He also indicated that he would be paying both months rent this week. When I went to see him, the property has been cleared out and no one is there. He has turned of his contact phone and email as well.

    John’s Answer

    If the premises is clearly abandoned, then you may secure it with new locks without leave of court. In order to file suit against the former tenant to recover lost rent, first you will need to learn where s/he is now so you can achieve service of process. Afterwards, assuming a successful hearing in general district court, then you would need to attempt to collect through garnishment, likely at his place of employment. Unfortunately, unless you have solid work place information on the tenant, it's likely best just to move on.

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  • My 11 year old son is accused of bringing a knife to school. Do we need a lawyer to represent us before the school and judge?

    Last week, spring break we went to the mountains. My son who is a scout packed his knife as usual in his back pack for our trip. When we returned home he unpacked and packed his backpack for school but didn't take his hoodie out of the backpack. B...

    John’s Answer

    Yes. You need counsel.
    I'm here in Hampton Roads. Call my office on Monday morning and I can set you up with the right attorney for you.
    497-6633

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  • I have tried to set up a payment plan with The court but they are refusing. Can they still garnish my wages if i send in payment

    i owe Richmond city money over toll violations. I have tried to set up a payment plan with them to get it straight but they will only take $1000 a month. I am a single mother living on her own and I only make $23000 before taxes i cant afford to s...

    John’s Answer

    Yes, a judgment creditor can garnish your wages regardless of a voluntary payment. As a creditor attorney, I routinely enter into voluntary payment terms and do not garnish. However, if a payment is missed, then the garnishment is issued. However, many simply go straight to garnishment as is their right in Virginia. You cannot prevent the garnishment provided the funds are not exempt from garnishment, and wages are not exempt.

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