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Questions Answered by Mr. Andrew T. Bodoh Esq.
1 Answer | Asked in Personal Injury for Virginia on
Q: What should I do if I get a bill for property damage at a hotel I stayed at a month ago?

I know I didn't cause any damage and don't want to pay it.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 2, 2016

If you receive a bill, and if you do not pay it, the hotel may choose to sue you to recover the amount it alleges that it is due. They will then have the burden of proving that you caused the damages. But they will sue you in the court where the hotel was located, and you will have to defend the... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Real Estate Law for Virginia on
Q: Would like to leave a camera on a pole in parking lot of a strip mall (not my property). Am I breaking any laws?

I think recording is legal as their is not expectation of privacy. I don't think it's littering. It is abandoned property, so I'd expect it to be kept if found. Trespassing (I think it's kind of a public spot)? Anything else?

Thanks!

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 1, 2016

It is likely illegal. If it is private property, then it is trespassing, even if it is a public parking lot. It is not abandoned property if you do not intend to abandon it. If it is recording sound, it will likely violate the wiretapping laws.

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: My ex used to/still beats our dog. If the dog is in his name, can I get him back

I had no proof of the abuse other than witnesses and I'm sure the dog is still being hit. I raised him for 8 months until I had to leave due to abuse as well.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 1, 2016

If the dog is in his name, and he is caring for the dog, then the law says it is his property. That does not mean it is legal for him to beat the dog, but it probably means you have no right to take the dog as your own.

1 Answer | Asked in Child Custody for Virginia on
Q: I have a custody agreement in the state of VA. Can I transfer it to the state of GA?

My ex and I divorced I'm VA. He is stationed in CA and I wanted to move close to my family for better support. I have two children, one with special needs.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 1, 2016

Yes, but you should talk to a Georgia attorney to find out the process.

1 Answer | Asked in Small Claims for Virginia on
Q: I lent my vehicle to a friend and it overheated and he blew the engine. is he responsible for the repairs?

He drove it from Chincoteague VA to Hagerstown MD and on his way back he glanced at the gauges and saw that the car was overheating and he continued to drive it to the next exit and drove it till it quit running. I had to rent a u-Haul trailer and with my other SUV I had to tow it to a garage near... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 1, 2016

There are claims you can bring against him to try to recover the money. The simplest way would be a lawsuit in the local general district court or small claims court. You could hire an attorney, but you would not recover your attorney fees from the opposing party as part of the claim.

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: Mother was temp caring for my dog, surrendered him to animal aid org without my permission. Can I get him back legally?

I was incarcerated briefly, but in regular contact and made it clear that I could make alternate arrangements if necessary. I also made clear that I was not willing to surrender him and had other options available if she was unable to care for him. She has admitted (recorded conversation) that she... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 1, 2016

You could try to do so, but it would require a lawsuit--probably one in circuit court--which would be expensive. You should contact an attorney if you can afford one.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I buy a house to repair and resell (not for personal use) anonymously? Virginia
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

You can go through part of the process anonymously as to the seller, unless the seller demands identification. Your bank may not allow you to remain anonymous. You will have to have the name on the deed that is recorded. Alternatively, you may be able to set up a company to purchase the property to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: My employer administered a etg alcohol test which came up positive, this test goes back 80 hours. How can they use this?

From my understanding, there is no way for them to prove that I was drinking on the job (which I was not) without conducting another kind of test in addition to the etg urine test. They simply dismissed me, what are my options?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

In Virginia, an employer typically can terminate you without cause or with bad cause, so there is no legal obstacle to them terminating you for drinking even when you are not on the job.

1 Answer | Asked in Contracts, Criminal Law, Animal / Dog Law and Civil Litigation for Virginia on
Q: Can you break a written contract of 30 days notice if a horse boarding facility is unsafe in virginia or for any reason

We have two horses boarded in Virginia.. we have paid for this months board and given notice we want to leave and plan on leaving the farm before the end of this month. The owner wants us too pay for the full month of december as well because she says we have to give 30 days notice.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

It depends on what the contract says. It is impossible to say for sure without studying the contract.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Virginia on
Q: Need help fighting my health insurance. Is there a lawyer that can help me ?

Had foot surgery and was in therapy for 5 weeks, my insurance stopped therapy stating it was not medically necessary. I was making progress but when therapy stopped my foot regressed. I have gone through the appeal but have not been successful. I have lost my job due to the length of time out of... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

There may be legal action that you can take, but there will be a cost for attorney fees, filing fees, and experts. An attorney will have to study the policy to make sure.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I turned in a check to pay my rent on 11/1 and it bounced and I wasn't made aware of this until I gained a $45 late fee

My rent is $550 a month. I signed a lease agreeing I would pay a $5 late fee each day my rent was late with no grace period. But in the lease it also states $5 after every day thereafter NOT to exceed to maximum allowable by state law. I live in the state of Virginia and I looked up the law and it... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

I am not sure where you see the maximum rate as 5%, so I cannot comment on that. There are laws that say the late charge is to be reasonable, but the laws do not apply to every rental situation, so it is impossible to say without more detail.

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: I have a dog but where I live I can't keep her so my friend offered to keep her at her home so now she wants to keep he

The dog is in my name but her address and now she wants to Chang her name and keep her . Can she do that .

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

She cannot keep your dog without your permission, but she could refuse to keep your dog, or charge you for it.

2 Answers | Asked in Domestic Violence for Virginia on
Q: Is an oral statement to cause the death of another person considered a misdemeanor or felony however unintended?

This statement is made mostly in the heat of a disagreement by person 1 and assumed to be unfulfilled. It also an additional statement made by a person with disabilities who is triggered by an assumed "normal" person who claims to have no mental disabilities. In other words it's a he said - she... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

Typically, a verbal threat alone is not enough to constitute criminal conduct, but there are exceptions. For instance, threatening to kill the President is a crime.

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1 Answer | Asked in Contracts for Virginia on
Q: Breach of personal contract question

I entered into a contract with my sister in 2014 after I found out she had made 40 trips to atms over 3 months to drain my bank account. I had originally given the card and code to her wife to withdraw money for groceries. I just found out that the prosecuting attorney will not take the case... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

Your question is not clear enough to me to say whether there is a valid or worthwhile case. But as a rule, it all depends on what the written contract says or what was orally agreed to.

1 Answer | Asked in Employment Law for Virginia on
Q: Can I not get hired at a doctor's office where my son attends?
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

I see no legal obstacle to a doctor's office hiring you merely because your son is a patient, but there may be an office policy against it, and that would not be illegal.

1 Answer | Asked in Collections, Consumer Law and Small Claims for Virginia on
Q: I sold an item for about $200 over the internet who never paid. Buyer is in a different state. Am I able to collect?

I sold an item for about $200 over the internet to a member on Reddit. Since I had never sold before I had no reputation so I agreed to ship item and wait for payment after they received. I only did this since the other member had a long history on the forum so I assessed a low risk. After they... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

You can sue them, but that is not the same thing as collecting money. And there will be complications with suing them. And it will probably cost more to talk to an attorney about it than you will be able to afford. You could pursue the matter criminally, but that will likely not accomplish much.

2 Answers | Asked in Collections, Contracts and Landlord - Tenant for Virginia on
Q: Rcvd bill from old apt. in VA from 7.5 yrs ago. Has statute of limtns expired? Can they send to collections if not paid?

Old apartment complex in VA says they recently ran audits on old accounts and "discovered" that me and two others who I rented with owe a balance from when we moved out in 2009. When we moved out there was no balance owed. They just contacted us on 11/14 and say if we don't pay by 11/21 they say... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 15, 2016

Sending a bill to collections is a in-house process. As long as the collections efforts comply with the Fair Debt Collection Practices Act, it is likely legal. The statute of limitations in Virginia for debts on written contracts, or for property damage, is five years. As such, the statute of... Read more »

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1 Answer | Asked in Animal / Dog Law for Virginia on
Q: My ex girlfriend abandon her dogs with me 6 plus months ago. Are the dogs now legally mine?

I live in the city of Covington Virginia

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 15, 2016

There is no yes/no answer to this. It depends on the circumstances and the intent of the parties. You can be legally responsible for what the dogs do because you are caring for them.

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