Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr. Andrew T. Bodoh Esq.
1 Answer | Asked in Appeals / Appellate Law, Probate and Real Estate Law for Virginia on
Q: Can I file a declaratory judgment on a case that has been appeal to circuit court

my aunt signed a binding agreement with me stating she would leave me her house upon death if I would give up my home to move in with her and take care of her, I took care of her for over 4 yrs. preventing her from entering a nursing home. She passed and the house went to her stepdaughter in a... Read more »

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

You can pursue a declaratory judgment action, but you are likely in a difficult position if you did not have a written and duly recorded agreement to receive the house. You should consult an attorney.

1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: I signed a new construction purchase contract from a builder and gave a $5k deposit. What are my options to hold/cancel.

My company is possibly being purchased and we may need to relocate, therefore I would like to put the construction on hold. I emailed them this, and they responded that they would continue building the house but with 0 upgrades that we selected, then if we want it at the end we can have it. Does... Read more »

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

You have to look at the contract you have with the company. You may wish to consult with an attorney and bring them a copy of the contract to review.

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: Can a contract legitimately renew without notifying me?

I have a contract with a dumpster company that I have been trying to cancel for a while. The contract officially ends November 13th. I called to cancel and they said that renewal has already begun because they didn't receive written notice 120 days in advance as per contract. I told them they never... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 8, 2016

If the contract says that you need to cancel through written notice 120 days in advance, then a court is likely to enforce that.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Does Seller need to notify buyer in writing (not text or email) when invoking the right of first refusal?

Does buyer have right to see offer seller wants to accept that is causing ROFR to come into play?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 8, 2016

It depends on what the contract says.

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: My dog got off her leash and bit another dog in Virginia Beach. Am I legally responsible to pay the bills?

We called animal control bc the man was not rational and chased after my 8yr and ethe dog after my daughter got a hold of her. He verbally assaulted my daughter with cuss words and more. My wife tried to talk with him and see if we needed to take his dog to the vet. He screamed I will see you... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 8, 2016

A court may find that you are legally obligated to pay, but you do not have to pay until then. You may wish to contact your homeowners or renters insurance, as they may provide coverage.

1 Answer | Asked in Contracts and Lemon Law for Virginia on
Q: Can I sue a private seller for falsely advertising a car that I bought?

I purchased a car from a private seller and the person told me the only thing wrong with it were the turn signals. I checked and test drove it and everything seemed fine. When I came back a few days later, the person was messing with the car under the hood. I didn't pay any attention to this. After... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 8, 2016

You have a claim against the seller for fraud if there was (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) that you relied upon, and (6) causing you damages.

2 Answers | Asked in Criminal Law for Virginia on
Q: How do I fix a filing mistake?

My girlfriend damaged my car and was charged with a Class 6 Felony (18.2-137). Before her trail I agreed to a compromise to have all charges dropped to a misdemeanor. Later, we both find out that it was actually filed as a Class 6 Felony in the court records. What are her options to have this... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 29, 2014

Your girlfriend may be a file a motion to correct the scriverner's error, but there may be other options if the case is less than three-weeks old.

This information is not intended and does not constitute legal advice. You should engage a lawyer for legal advice. The information provided...
Read more »

View More Answers

1 Answer | Asked in Family Law for Virginia on
Q: if the vehicle is in my husbands name can he make it possible for me not to drive it?

My husband stated he wanted to separate this weekend, but all of the cars are in his name. I made all the payments on my car, can he legally take the car so i would have nothing to drive?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 29, 2014

If he takes the cars, the courts and the police will likely do nothing about it until the matter is resolved through the Courts or he voluntarily provides a car to you.

This information is not intended and does not constitute legal advice. You should engage a lawyer for legal advice. The...
Read more »

1 Answer | Asked in Civil Rights for Virginia on
Q: i have a keep the peace order in virginia, does that only mean while i am in virginia? i live in a different state

i am confused what happens if i break the law in another state? like florida?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 29, 2014

Generally, the order require you to keep the peace, whether inside the state or outside the state. It will depend on the precise language of the order.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I owner financed a home with the balloon payment due Dec. 31st the buyers are going to default how can I get my property

back without having to foreclose can they both sign it back to me?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 29, 2014

That depends on how the original financing was handled, but you would likely be able to offer a voluntary surrender of the property to you.

1 Answer | Asked in Civil Litigation for Virginia on
Q: What does "as satisfied" mean under the final order in a civil circuit court case?

Can the plaintiff come back later and re-open the civil case?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 29, 2014

"As satisfied" likely means the parties represented to the court that the moneys due were paid. Whether the case can be reopened depends on whether that was a dismissal or a judgment for the plaintiff/defendant and how old the case is.

1 Answer | Asked in Collections for Virginia on
Q: I make around 200$ every two weeks. Can my pay check be garnished/withheld?

I payed my court fines last year by money order but it is not showing up...

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 15, 2014

It may depend on who is garnishing your wages (Governments may have greater rights, and child support obligations have greater rights) and why, but this is the general codes section that may apply:

§ 34-29. Maximum portion of disposable earnings subject to garnishment.

(a) Except...
Read more »

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: if someone brings their dog to my door and my dog gets out the door and attacks their dog on my front porch am i liable

They knew I had two big dogs.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 15, 2014

You may be liable, depending on what exactly happened, but you may also have a variety of legal defenses if the other party files lawsuit. You should consider filing a claim with your homeowners insurance, as they may insure you for this incident.

1 Answer | Asked in Estate Planning for Virginia on
Q: If 86 year old single Father has Will drawn up bequeathing everything to only child. Has deed to house in Daughters name

Daughter is executor. All finances in His and Daughters name. Six months later decides to get married for 4th time. Was told by Lawyer pre nup not necessary and Wife doesn't even have to be acknowledged in Will, because he has no estate. Should all go to Daughter is this correct?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 15, 2014

The situation may be governed by the following provisions:

§ 64.2-422. When omitted spouse to take intestate portion.

If a testator [the person making the will] fails to provide by will for a surviving spouse who married the testator after the execution of the will, the omitted...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am 1 of 3 guarantors on a commercial lease that still has a 30 month term. How can I safely leave without liability?

I am terminating my partnership in the company that is technically leasing the office space. I want to remove myself and my spouse from this lease without needing my partners' sign off on it. Since we don't have an operating agreement in the business, so I am just technically a guarantor. Would it... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 25, 2014

If you are a guarantor under a valid lease, the only way out is satisfaction of the obligations under the lease or renegotiation of the lease.

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: I live on my parents property, if my dog bites someone can they be sued as the land owners?

I live in Virginia and since I live on my parents property I would like to know if my dog bites someone am I the only one liable? I dont want my parents to be punished for something if it happens that doesnt have anything to do with them.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 25, 2014

It depends on various circumstances: e.g., whether the bite took place on the property or not, why the person was on the property if so, how the dog got loose from the property if so, etc.

1 Answer | Asked in Bankruptcy for Virginia on
Q: Can i file for bankruptcy without a lawyer
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 25, 2014

Yes, you can file for personal bankruptcy without a lawyer, but it is not an easy process to get right.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is there a state law that states what is defined as a house

Things like power, water , any utilities?

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Oct 27, 2014

I am not aware of a state law that defines house for all purposes. There may be definitions for specific purposes either in statutes or in the case law, but one would have to know what area of law is relevant.

2 Answers | Asked in Criminal Law for Virginia on
Q: A drug trafficking fake doctor files a false police report and medical records against honest patientt, what can you do?

Falsified medical records in order to retaim records of a valid case where narcotics are prescibed, falsely accused patient, for purposes of unlawful distribution of controlled substances, using honrst patient records as a cover.

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Oct 27, 2014

There would be various criminal violations by the doctor. The patient would likely also be able to sue the doctor for damages, but the type of lawsuit would depend on the specific facts of the case.

View More Answers

1 Answer | Asked in Bankruptcy for Virginia on
Q: what % of wages can chapter 7 take
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Oct 26, 2014

Chapter 7 does not take wages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.