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John Weber III

John Weber’s Answers

171 total


  • I have a 10 year annuity, of which six years have passed. Due to my child's college education and living expenses, I need to

    cash it in early. It is $50,000. It's made almost $23,000. To cash it in, I will get back what I put in basically. Is there any legal way I can get more of the money it's earned up to this point?

    John’s Answer

    You should probably consult with a financial advisor who can tell you how to essentially cash out your annuity. That usually comes with a price which means that you won't get back as much as you would if you kept the annuity. The annuity is a contractual agreement and there is language contained in the agreement that should help you determine what you can get back.

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  • As a renter can I be charged to paint inside of house when I give my notice to move?

    I have lived in a rental house for 7 years. The landlords have not offered to paint the inside not even once since we have lived there and we have not painted it either. Will the landlords keep my deposit for us not painting it before me move?

    John’s Answer

    Your lease should be the first place to look regarding the responsibilities of the tenant and the landlord. Ordinarily, a tenant would not be required to repaint the rental house. 7 years is a long-time to rent one house and ordinarily the landlord would expect to paint before the next tenant moves in. I don't expect that the landlord would be able to keep the deposit for not painting but he would be able to determine if there is "Damage" as described in the lease that might justify keeping all or part of the deposit.

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  • Should I find a new attorney/law firm? What is involved in and should I file a claim to the bar?

    I was involved in auto accident last June . I hired a law firm that was reputable for getting things done. I have sent the firm my bills for doctors, hospital and mileage. In the past I haven't had any problems with responses. But lately I haven't...

    John’s Answer

    You must have confidence in your attorney, especially in a civil case like you have described. Remember that there is a limit on how long you have to file a complaint if you cannot get the case settled - two years for injury claims in Virginia. A lot of times, the attorney can send a letter to the medical provider to explain the situation with the pending litigation or likelihood for settlement and the doctor may consider doing the procedure on the expectation of payment at some later date. You should receive some reply/response to phone messages or emails. If you don't, it may be time to consider a new attorney.

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  • In Virginia can my landlord refuse me a final walk through?

    I rented a house for over two years. My landlord refused to fix any problems. All the appliances were at least 10 years old. Now he is trying to tell me that all the appliances not working are my fault. He wants to keep my deposit. The day I moved...

    John’s Answer

    You may consider filing a suit in General District Court for the return of your security deposit. You will have to present testimony and hopefully some pictures of what things looked like when you left. Old appliances are not your fault and you can't have the deposit withheld just because of the appliances. The landlord will be required to explain why he kept your security deposit. The General District Court is designed to be easy to file and work through even without an attorney.

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  • I have full custody of a child that I have had since birth. I was wondering what I would have to do to terminate the parents rig

    I took child from the hospital and have had him since I have full custody and the parents don't object

    John’s Answer

    If you have had custody of a child since birth, there is probably a good chance that the birth parents would voluntarily agree to terminate their parental rights if you wanted to adopt the child. If the parents are not willing to do so voluntarily, it becomes much more complicated and difficult. I would encourage you to speak with a lawyer to explain in much more detail the process of discussing the issues with the birth parents so that they understand what they would be considering. You could have an open adoption which would potentially still allow them to have some contact with the child.

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  • Weekend jail in roanoke city va.what can I expect?do I get credit for three days?

    I have to do 20 days.

    John’s Answer

    You have asked about serving weekends in the Roanoke City jail. You can expect that you will be housed with other weekenders and wear the traditional jail jump suit and eat food provided. You will have access to some books for reading but not much. There should be a regular presence of deputies who will watch and make sure that you are okay. Overall I think you will find this experience relatively uneventful although not alot of fun.

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  • My mo Mother and father were married under god and not the state, no marrage license.

    My father dies and the funneral home listed my mother on the death certificate as his spouse. Can my mother be held legally responsible for his debt or can she be fined?

    John’s Answer

    Your mother may decide that she will pay the debts of her deceased husband "under God" and try and work out a payment plan with the funeral home or whoever it is that is trying to obtain money from her. Although she may not be legally obligated on the debt, you should look at the terms of the agreement that she signed, if any, which may list her as guaranteeing the debt. That would be the most likely way that she could be held liable to pay even though they were not legally married.

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  • What can collections do to me if I owe $2,550 to one of their clients? (PayPal)

    I legally owe PayPal $2,550 at the moment due to some disputes that a buyer filed successfully not too long ago. They have sent me to collections, and my question is essentially, what can they do to me? I know they can and will call/bug me and ...

    John’s Answer

    You can expect that eventually PayPal will file a warrant in General District Court to try and recover the money that is legally owed. A judgment for that amount plus court costs and attorneys fees could well exceed the amount of the debt and they have the ability to take steps such as garnishing wages, freezing assets or trying to levy on property that you own in order to satisfy the debt. You should consult an attorney to discuss the terms and conditions in your Paypal agreement.

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  • What are your options if you are involved in an automobile accident in VA and it is your fault and you have no car insurance?

    I rear ended a person this morning getting onto interstate and hit the back end of their car. My pictures look like they need a new hatch, bumper and tail light. They said they were not hurt.

    John’s Answer

    If you are at fault in Virginia and are driving an vehicle without insurance, you may be held personally liable for the expense associated with the property damage done to the other car due to your negligence. The other driver is likely insured and the driver's insurance company will likely pay under the uninsured motorist coverage. That means that although the insurance company for the other driver pays, the insurance company can ask you to reimburse them for the amount that they paid.

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  • I have to do weekend jail. Is it anyway I can get it changed to house arrest or anything else?

    I was sentenced in Dec and just received a letter stating I have to do my 45 days this Friday. Is there anyway I use the the days from the date I was sentenced for time served?

    John’s Answer

    You should contact the attorney who represented you to discuss your options on how to serve the time. Misdemeanor time generally is two for one unless there is mandatory time like that required by the DUI statute. The judge can consider a request to modify how you do your time but if you don't show up when you are supposed to report to jail, you will likely be required to serve the active sentence as well as some portion or all of the suspended time that the judge gave you.

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