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Seth E Allen

  • Personal Injury, Social Security Disability, Divorce ...
  • Virginia
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Claimed Lawyer ProfileQ&A
Practice Areas
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Social Security Disability
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Criminal Law
Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Chapter 7 Bankruptcy, Debt Relief
Estate Planning
Landlord Tenant
Evictions, Housing Discrimination, Landlord Rights, Tenants' Rights
Traffic Tickets
Suspended License
Jurisdictions Admitted to Practice
Virginia State Bar
ID Number: 90515
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Professional Associations
Virginia State Bar  # 90515
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Websites & Blogs
The Reliance Law Group
Legal Answers
6 Questions Answered
Q. Paid rent late. Bring charged 250 fee No record of UD on VA court website. Should I pay?
A: I'm not entirely sure what your asking. However, if you are saying that you paid your rent late and your landlord is charging you a late fee, you should know the following. Late fees should not be more than 10% of the outstanding rent for that month. In order to charge late fees, that has to be included in your lease. If you do not have a written lease, late fees of 10% are permitted by statute.
Q. I lived in a government housing project and pretty much the whole time I did I had to endure and suffer the reprecussion
A: In Virginia, you can file a tenant's assertion asking the landlord to make certain repairs if it is a material non-compliance with the lease, a violation of law, a fire hazard, or a serious threat to the life/health/safety of the tenant if not promptly treated. There are things you have to do before you can file a tenant's assertion. First, you have to notify the landlord in writing of the problem and what you want them to do about it. You must give them a "reasonable" amount of time (typically 30-days, unless its an emergency situation) to address the problem. If they fail to address the problem in that amount of time, then you can file the tenant's assertion in the general district court where you live.

It's important you stay current on rent during this time. The poor condition is not an excuse to skip out on rent. Once the assertion is filed, you must then pay your rent to the court's escrow account instead of to the landlord by the 5th of each month (or on its due date). You should keep a copy of your letter as proof that you gave the landlord notice. Then the matter should be set for hearing within 14-days (it could be sooner if emergency conditions exist, ex. no heat in the winter). Be prepared to prove that the issue you are complaining about exists at the hearing.

When filing an assertion, you can ask for the court to either terminate your lease, order the landlord to make the repairs, ask for some of the rent money back if they fail to make the repairs, as well as requesting actual damages and attorney fees (if you have an attorney). If the landlord can prove it was either repaired, the problem never existed, or show that you have not paid rent, you can expect your case to be dismissed.
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Q. I filed for Chapter 7 bankruptcy, would the return I receive from the American Opportunity Credit be protected?
A: Your tax return is something that should have been listed as an asset in your schedules and should also be protected in Schedule C. In Virginia, child tax credits and the Earned Income Tax credit are automatically protected if listed properly using the proper exemption. Any remaining portion of the return should have been protected using the general homestead exemption. As a Virginian, this amount is up to $5,000, plus an addition $500 per dependent. If you are over 65, the amount increases to $10,000. This amount can be exhausted, but is replenished after 8 years. If this wasn't properly listed and protected, you should reach out to your bankruptcy attorney to see if it can be a mended. ... Read More
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Contact & Map
The Reliance Law Group
3130 Lee Highway, Ste. 102
Bristol, VA 24201
Telephone: (276) 644-0992
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