We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a... Read more »
answered on Sep 24, 2022
It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a... Read more »
My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »
answered on Sep 20, 2022
You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.
After being in relationship 7 years with a registered nurse relationship ended with a 1 year old child . EXTREMELY OBVIOUS that she took my personal mental health evaluation (without my permission) preformed 20 years ago . without shadow of doubt secretly used against me in a 5 year horrific... Read more »
answered on Sep 20, 2022
It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... Read more »
answered on Sep 18, 2022
18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal... Read more »
He left me his property and I have a will county transfered it to a lawyer and is threatening to sale property
This a class 1 misdemeanor according to court record but I thought it had to be over 20mph to be a misdemeanor reckless driving charge. Below 20 mph would be reckless driving but not a misdemeanor (i thought).
answered on Sep 17, 2022
If the only thing that you received was a ticket from the officer for driving 52 mph in a 35 mph zone and you are correct, it is a speeding ticket and not reckless driving.
The ticket that you received should govern. I am assuming the officer didn't go down and get a warrant for... Read more »
I bought my house 5 years ago, we’ve been married for less than a year. She is no where on the house. I am the owner. I will be paying her ½ if the amount paid to principal for the length of the marriage. How can I legally get her to move out if I already filed for divorce. Is there a Set length... Read more »
answered on Sep 16, 2022
For various good cause shown, a spouse can ask for exclusive possession of the marital residence as part of the pendente lite relief available in a Virginia divorce case. The public policy of the Commonwealth of Virginia is to promote marriage, not to make divorce easy. Marriage provides a... Read more »
answered on Sep 15, 2022
I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.
My fiancée of whom we shared a child together passed away unexpectedly from a stroke. And of course it’s a case of I ntestate succession. Vital statistics customer service told me that since our daughter is a minor and I am not next of kin I can’t obtain a death certificate. Is this true??... Read more »
answered on Sep 14, 2022
Interesting issue. His daughter plainly has standing, and you are surely eligible to be her next friend. But, let's start simpler by approaching this through the need you have. If he has an estate, are his parents filing it? You don't need the death certificate if they get it unless... Read more »
My employer quite suddenly has begun writing me up for perceived performance opportunities that seem fabricated after never receiving developmental feedback like this. I’m worried it is because I had health problems and needed open heart surgery. It could also be my tenure with the company. It... Read more »
answered on Sep 13, 2022
Under the Americans with Disabilities Act, employees cannot be discriminated against or targeted for termination based on a disability or need for an accommodation based on a disability. If you think your employer is targeting you for termination based on your past surgery and/or ongoing related... Read more »
I am 21 years old US Citizen. I am filing I-130 petition for my parents. I understand that I have to file a separate petition for each parent but do I have to file one for my 11 years old brother too?
answered on Sep 13, 2022
Yes, if you also want to petition for your brother he would need his own I-130, as there are no derivatives on immediate relative petitions (parents of U.S. citizens). Your parents are immediate relatives and will have a visa available to them upon approval of the I-130 but sibling petitions are... Read more »
We have an agent, he has an agent, and a title company. We purchased title insurance.
We are concerned with the potential legal and financial ramifications that could come from this.
We have a repair addendum that will not be able to be done. Can we ask for an escrow of funds for... Read more »
answered on Sep 12, 2022
At least the seller, and probably his agent, knew he was looking at a murder charge, so he decided to sell and run. You might want to walk away from this as the victim's next of kin might file a wrongful death action and set aside any transfer of assets. Consult with a VA attorney for... Read more »
I owned an LLC that sold flooring for a company from 2011 thru 2014. I told the owner I was starting another LLC and would not be working for them full time, but I would still help them. The owner was very rude and threatened to sue me for jobs they installed for me. I could not afford a lawsuit so... Read more »
answered on Sep 11, 2022
Well, did you get a letter or were you served a complaint? There's a big difference; if it's just a letter then you haven't been sued. In anybevent, hire a lawyer. Defending a lawsuit isn't as easy as saying "I don't owe him any money".
I am in my mid-20s with a clean driving record. Is there any way to avoid having this on my record?
Also, the Virginia Judiciary Online Case System states that the charge is "fail to obey highway marking" but my summons says "improper lane change."
answered on Sep 9, 2022
It is a point violation in Virginia. You may be able hire an attorney who can get it dismissed with driving school.
We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... Read more »
answered on Sep 8, 2022
Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... Read more »
I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... Read more »
answered on Sep 8, 2022
Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.
In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?
I need REASONABLE professional assistance.
answered on Sep 8, 2022
A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... Read more »
Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.
answered on Sep 6, 2022
It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.
Is it safe to go to Warsaw for interview if we have an AOS case going here?I applied for my mom`s green card frm Russia, but then the embassy closed there so she came to the US and we applied for aos. We recntly got an invite for this interview in Poland and haven`t heard anything from immigration... Read more »
answered on Sep 5, 2022
You either file an Adjustment of Status or you consular process. Only applicants present in the US are eligible to apply for AOS. Applicants who are abroad process at the consulate. So, if your mom is present in the US and she has filed for AOS, then she will most likely receive her green card in... Read more »
I was in a car accident today, It was the other drivers fault as she ran a red light. My car is financed and i very good condition and low mileage but over 10 years old. Based on what i was being told my car is likely to be totaled (It has not been estimated yet) because of its age. The thing is,... Read more »
answered on Sep 3, 2022
A Virginia attorney could advise best, but your question remains open for two weeks. It's possible a lawyer might not be able to do much. It looks like the insurance has conceded liability in your favor, 100% against the other vehicle. In terms of the threshold for totaling out the car,... Read more »
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