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Questions Answered by Matthew Lane Kreitzer
1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Non-primary parent voluntarily moving to new state. Who's responsible for filing custody modification?

Move is not job dependent.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

This is a question best asked in the state in which the current custody order/agreement is in effect.

1 Answer | Asked in Child Custody for Virginia on
Q: A former stepfather in Virginia has full custody of the child. Bio mom and dad have no contact. Is he legal guardian?

This is being asked for college/FAFSA purposes.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

It is unclear for what purposes you are inquiring. School? Medical? Generally speaking, without seeing the custody order, a lawyer cannot give you a definitive answer. However, it is quite likely that the step father, based solely on the limited information available, has decision making authority... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Cosigned loan for cars 12y rs ago, got divorced 11 yrs ago. Divorce papers call out both cars and who is responsible.

He filed chapter 7 then chapter 13, claimed me and the car loan as a creditor. now the creditor is coming after me. also in the divorce decree, it says he's to pay me for other debt I got stuck paying. He never paid the monthly amounts to me, so I took him back to court, the ruling was in my... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

The answer to both questions is yes; the creditor can stil lcome after you and you can collect money from him in return. However, timing is important. You need to consult a lawyer in terms of what you need to file and when as soon as possible.

1 Answer | Asked in Civil Rights, Bankruptcy and Consumer Law for Virginia on
Q: I allowed this couple to take over payments for my car I cannot afford, but they are not making payments

I am going thru financial issues where I cannot afford my car payments anymore. I am upside down in my loan. To avoid repossession I unwisely allowed this couple to take over my payments in Dec 2017. They did not make the payment in Dec 27 2017 and now its Jan and when I contact them they give me... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

Your first stop should be your local Legal Services. They can offer you legal help if you are unable to afford a lawyer. Schedule a time to speak with them.

1 Answer | Asked in Divorce for Virginia on
Q: I just received a complaint for divorce in Va. What am I required to do in the 21 days?
Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 19, 2018

Typically speaking, there are several documents that should be prepared and filed within the 21 day period including, but not necessarily limited to, an answer and a counterclaim. The type of document that needs to be filed is highly fact specific, and is best discussed through a consultation with... Read more »

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: My boyfriend is in jail and his dog is tearing my house up is it against the law to turn the dog in to animal controll

The dog into animal control

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 19, 2018

The answer to your question would depend on a series of questions related to your living arrangements, any lease terms or private agreements, and how much of a risk the dog presents. Your best bet is to reach out to a lawyer through the Virginia Lawyer Referral Service.

1 Answer | Asked in Consumer Law for Virginia on
Q: Is there a limit on how much a creditor can set on a monthly payment plan to pay a an old debt?

My car insurance didn't cover the total debt from an accident. I owe an attorney $3K plus, they have suspended my drivers license until I pay them in full or $1K to set up a payment plan. Went to court to get a restricted driver's license to drive to work. The judge dismissed because I... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 16, 2018

To answer your main question; No. There are limits to garnishment proceedings, but not payment plans. If you are having difficulty paying, consult with a consumer protection lawyer to determine your rights.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Five months after moving in new home our hvac unit had repair work, do the one warranty start over?
Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 14, 2018

It is a little unclear as to what your question is. If you are asking about the limitations of a warranty, any lawyer would need to review your paperwork before giving you advice as to the nature and extent of your warranty. Your first step should be to schedule a document review with a lawyer so... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Went to court jury ruled in my favor but I later found out that it was considered a special verdict. Could you explain

I don't know what that means. Would I need to start all over again. This is for a personal injury civic case

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 14, 2018

A special verdict can mean any number of things including, but not limited to, a more detailed verdict explaining why the jury ruled the way they did. Without reviewing the special verdict form, a lawyer cannot advise you any further. If you have legal questions, you need to schedule a consult and... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: When filing Pro Se chapter 7 in VA and you would like to reaffirm your auto loan. Is the pymt lowered?

Do have to resume your same payment schedule or can it be negotiated with the company that holds the loan? Why else file bankruptcy it could just be a voluntary repo under bankruptcy am I correct?

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 14, 2018

Can you negotiate? Yes. Will the company be willing to negotiate? That is up to them. It is a generally bad idea to do a pro se chapter 7 though, as failure to adequately notify your creditors and file your paperwork may result in those mis-identified or mishandled debts not being discharged.

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1 Answer | Asked in Divorce for Virginia on
Q: how do i petition the courts with questions to be answered by spouse

I live in VA, i an contesting a non contested divorce from husband, I have answered all questions from his lawyer and submitted questions to him that he refuse to answer, we have 3 kids grown, never had medical insurance and would like to get help with the bills an college loan fees. He also had... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 12, 2018

This is typically accomplished through a process known as "motions practice," and there are very limited times in which the court will grant such a request. In order to determine whether you even qualify for that process, a lawyer would need to spend a significant amount of time reviewing... Read more »

1 Answer | Asked in Child Custody for Virginia on
Q: According to the Commonwealth Attorney of Va. They do not get involved with custody issues. I explained that baby mother

fled the State of Va. without having given the father (who has joint legal custody only and was never married to baby mother) 30 days written notice. She states that she and the children (2 others by different fathers and our grand-daughter ) were in danger by her boyfriend. However she withdrew... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 12, 2018

You have been given [mostly] accurrate information. The JDR Court is the appropriate place to go. Given the severity of the situation, you should hire a lawyer to file the appropriate paperwork forcing the mother to bring the children back to Virginia.

2 Answers | Asked in Divorce for Virginia on
Q: added an addition to home paid for with own funds. 2 years later we married. the mext year he gifted half the home to me

deed. mortgage in his name. i want a divorce. will i be entitled to my money?

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 12, 2018

You are certainly entitled to at least a portion of the equity in the home. The specifics of any other financial arrangements need to be discussed in more detail after a consultation with a local lawyer. Call up a lawyer for a consultation.

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2 Answers | Asked in Civil Litigation for Virginia on
Q: Can I incriminate myself if the evidence I provide in small claims court shows involvement in illegal activity?
Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 12, 2018

Is it possible? Yes. While small claims court is not of record, any statements you make could be used against you depending on the facts. If you are concerned about the possible outcomes, you should hire a lawyer to prepare you for the hearing before hand.

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1 Answer | Asked in Divorce for Virginia on
Q: Temporary alimony

My wife and I are currently separated if she files for temporary alimony will the judge automatically grant her temporary support just because she files. What if any are the guidelines for her to receive temporary alimony support? She kicked me out of the house against my will.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 9, 2018

Alimony is based on a list of thirteen factors in Virginia. Whether alimony will be awarded is a highly fact intensive inquiry, and you need to hire a lawyer if you want a thorough analysis of your case. Reach out to a lawyer you can trust for guidance.

1 Answer | Asked in Personal Injury for Virginia on
Q: May wife fell on black ice in an Olive Garden parking lot. What actions should I take?

She has a broken wrist that is going to require surgery including the installation of plates and screws.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 9, 2018

The first, and essential step, is to seek out a personal injury lawyer to represent you in this matter as soon as possible. There are deadlines to file these types of claims, and failure to meet that deadline means your case will be dismissed completely.

1 Answer | Asked in Child Custody for Virginia on
Q: In Virginia if my daughter agrees to sighn custody of her daughter over to me because of her health do we need a lawyer
Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 8, 2018

Yes, all custody arrangements require approval by a court, and a lawyer is necessary to ensure you file everything you need with the court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Changing existing leases by lining though intended area and make corrections and initial and date changes.

I have a few rentals and I just incorporated to an LLC. I want to have all the leases in the LLC name vice my name which is presently listed on the leases as Landlord/Owner.

Can I make corrections on the existing leases by lining through my name and writing the LLC’s name and have both... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 8, 2018

I would not recommend making changes in this fashion. If you want to look legitimate and not risk your documents coming under scrutiny by a court, you should have a lawyer draft your own documents for use in your business.

1 Answer | Asked in Car Accidents for Virginia on
Q: Got rackless driving 46.2.852 Ticket while crossing the red light and hit someone car.

Got rackless driving 46.2.852 Ticket while crossing the red light and hit someone car.

Ticket says "Rackless driving - General (46.2.852). Ran red light on st w/ injury.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 8, 2018

Go online and search for "criminal defense lawyer near me" on google or find a lawyer you can trust and schedule a consultation.

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