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Questions Answered by Timothy R Johnson
1 Answer | Asked in Banking, Consumer Law, Contracts and Criminal Law for Virginia on
Q: Can a bank sue me for overdraft charges from November 2010? Received a phone call yesterday saying I will be served.

When I called back the man was not nice and said once papers are served on January 23, 2019 he can no longer help me. That today payment would be $415 (on a $100 overdraft fee) if I go to court payment would be $1245 with court fees. I googled the company EDR in Maryland but couyfind any... View More

Timothy R Johnson
Timothy R Johnson
answered on Jan 22, 2019

They can sue you, but you will probably maintain a strong defense that the claim is past the statute of limitations, unless you acknowledged the debt on the phone call.

1 Answer | Asked in Business Law for Virginia on
Q: My significant other of nine years are now parting ways. How do we transfer ownership of the business we have together?

We never got around to changing the business structure. It is a sole proprietorship in her name. We have vending and a business bank account. Is there an easy way to just change or do we file for new business license and essentially start over completely, applying for vending accounts, etc.? Trying... View More

Timothy R Johnson
Timothy R Johnson
answered on Jul 25, 2018

I know no one likes this answer because it's exactly what you are trying to avoid...but you need to speak with a business attorney directly. While we can give general advice about what you need to do, there's almost always something unique to your situation that can adversely impact your... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is it legal for realtor to "forget" to email my contract and allowing anther party to buy that house? Anything I can do?

Thanks

Timothy R Johnson
Timothy R Johnson
answered on Apr 18, 2018

It's doubtful you can sue the realtor successfully (and even if you could, probably not worth it to do so). But you should consider filing a Realtor Association complaint as it can affect their realtor accreditation and possibly even their state real estate license.

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: want to know if the owner is allowed to hold on to my tips if something is not done right.

He has a “to do list” with 10-12 things he wants done, and if one is not he would take 10% each of our tips for the day (cash and extra gratuity tips). He also takes them and holds on to them till Friday and then gives them to us.

Timothy R Johnson
Timothy R Johnson
answered on Apr 12, 2018

Depends on whether he's at least paying you minimum wage ($7.25). If not, then he can get in some big trouble for that scheme, and you may want to consult an employment law attorney. Employment law attorneys don't typically charge consultation fees, and in some cases, may take some cases... View More

2 Answers | Asked in Contracts, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: Recd warrant in debt 4 VA rental surrendered 2/13. Due to biz fail. Stat of limitations? No prev contact prior to cert

We live in Fl since then. Am on TTD & undergoing back surgeries. Court date next wk. what should I do?

Timothy R Johnson
Timothy R Johnson
answered on Apr 11, 2018

Hire a local attorney to defend the case. If you don't do anything, you will have a default judgment entered against you, and at some point, the plaintiff may pursue assets of yours in Virginia (if any), and if the amount is significant enough, possibly against you in Florida.

If your...
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2 Answers | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: Can I be liable for what others state on Facebook if I'm a administrator or moderator of a group?

Have a civil case in VA where a person is trying to sue me for what others are stating on a Facebook Page. I'm one of the administrators of the page, however, I don't really monitor the page much. I understand the basics of libel, however if someone people are stating things that might be... View More

Timothy R Johnson
Timothy R Johnson
answered on Apr 9, 2018

Generally...no. If you did absolutely nothing else to "re-publish" the statement, then there's almost no possible way that the plaintiff can allege you engaged in any wrongdoing. It would only be wrong if you know that information posted is wrong, and defamatory (impugns on the... View More

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2 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: I put a building lot under contract with multiple owners in Virginia.

They, thru their agent, were very hard to negotiate w/ from the outset--always moving the bar right before we were to get under contract. Finally, we agreed on terms. Sensing they may be difficult Sellers (they had refused to extend 2 previous purchasers by even 1 day on the Study Period) I... View More

Timothy R Johnson
Timothy R Johnson
answered on Apr 3, 2018

This is certainly a situation where you will need to consult with a real estate litigation attorney about what happened. The communications, their timings, and the purchase agreement all need to be closely reviewed to assess what your rights are, and whether you can obtain a "specific... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can you sue a television show for portraying a person's faith in such a negative light that it damages that religion?
Timothy R Johnson
Timothy R Johnson
answered on Mar 30, 2018

It comes down to the very specific information and portrayals depicted in the tv program, but 99.9% of the time: no. As long as the information presented is truthful, or at least based on a reasonable belief that it's truthful (ex: sources that appear reliable), any depiction is fair.... View More

1 Answer | Asked in Business Law and Business Formation for Virginia on
Q: Is a license/registration required to give a three day Survival Class with one overnight camping required in Virginia?

I want to provide a basic wilderness survival class to minors and adults, age 12+, that involves one day lecture (8 hours) and one day (overnight) practical experience (total of three days) in the wilderness (though, not the backcountry as medical services are readily near). Are there any... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 29, 2018

I can't possibly think of a department or 'professional license' that this would apply to.

If anything, the bigger issue is working out possible areas of liability such as if someone is injured while hiking or while engaged in any of the survivalist activities. You would...
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Q: If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?

A person allegedly said I said some words to him after work he didn't say we got in a fight or I threaten him they fired me because he say she say my word and his word that's it and I think they were wrong

Timothy R Johnson
Timothy R Johnson
answered on Mar 28, 2018

An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the... View More

1 Answer | Asked in Contracts for Virginia on
Q: Had a trial Nol Prossed the day before trial. What do I owe?

I had a legal services contract totaling $20k. $10k Base legal services. Additional 10k if the charge went to jury trial. It ended up going to jury trial and i paid the extra cost. The day before we go to trial the case was Nol Prossed. What do i owe my lawyer?

Timothy R Johnson
Timothy R Johnson
answered on Mar 26, 2018

It comes down to the very specific language of the retainer agreement. It may be interpreted that once preparation for jury trial commenced in anticipation of a jury trial, the attorney would earn the extra $10,000; but it may also be interpreted that only once the jury trial COMMENCED would the... View More

1 Answer | Asked in Contracts for Virginia on
Q: According to VA state law- what is the stature of limitation on an 11k loan to a family member with a signed contract?
Timothy R Johnson
Timothy R Johnson
answered on Mar 22, 2018

Generally, it's five years on written contracts as of the last date that performance was due (typically final payment). If no one re-affirms the contract after the final payment was due, the Statute of Limitations will trigger at five years and no longer be enforceable.

1 Answer | Asked in Civil Rights for Virginia on
Q: I was wondering can I sue a county for wrongful arrest?

I was arrested and detained on a warrant for a case that was already finalized I don’t blame the officers but I do blame the county for not removing the warrant am I able to seek legal action for their mistake

Timothy R Johnson
Timothy R Johnson
answered on Mar 22, 2018

I don't believe you have a case.

1. Unless you have facts that can establish that certain county officials intentionally maintained an arrest warrant against you, knowing there was no basis for doing so, they are going to be protected by sovereign immunity, as well as general...
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1 Answer | Asked in Contracts and Business Law for Virginia on
Q: My former business partner refuses to give me the Federal tax returns for the last FY that I was co-owner.

My former business partner bought me out of the business, however I am still a guarantor on a large SBA loan. I am trying to determine the financial health of the company in order to assess my vulnerability, but my former partner refuses to provide P&L reports or to acknowledge that I have a... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 22, 2018

The easiest way is to refer to any purchase agreement for the business and see whether there are any terms that can be used for establishing your continuing right to monitor the business's financial health as it relates to the SBA loans. But if the purchase was done via a handshake agreement... View More

1 Answer | Asked in Business Law and Business Formation for Virginia on
Q: I want to open a video gaming cafe that sells fresh, made on the spot pizzas. Is there any law that forbids this?

My husband and I want to open a video-gaming cafe that will have a gaming portion and a small pizzeria portion as well as a snack bar. When looking around for commercial space, a leasing agent commented that someone had tried a similar business model but ran into legal complications. I am currently... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 16, 2018

I don't see anything particularly concerning about this business model. It's just an updated arcade that serves food. As long as you obtain all proper business permits including health permits, and establish appropriate privacy and internet security safeguards, there shouldn't be... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

I did not sign any forms at all. She just started to take pictures of my face before and after the procedure. I told her that I don't like being photographed. But she said it's a requirement by the law. I told her then not to post pictures anywhere but she insisted. So I let her post my... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 12, 2018

You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further... View More

2 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: I have a potential dispute with an water equipment distributor.

I purchased a dealership from a national distributor. The cost of the business was $ 22,500.00 and I borrowed an additional 25,000 in startup capital. After starting the business, I discovered the distributor made several false claims. They claimed to be a national manufacturer. They are... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 12, 2018

At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing... View More

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1 Answer | Asked in Business Law for Virginia on
Q: In regards to a VA LLC. Can a P.O.A. Be used to represent any individual listed as a partner in the LLC?

3 member partnership, one member has been deemed incapacitated, can his Atty act on his behalf as power of attorney?

Timothy R Johnson
Timothy R Johnson
answered on Mar 12, 2018

The articles of organization and the operating agreement cannot limit the use of the power of attorney for members. If there is no prohibition on a non-member being given the POA to act on behalf of a member's part, it is most likely permissible.

(Va. Code § 13.1-1022. Management of...
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1 Answer | Asked in Business Law and Contracts for Virginia on
Q: VA Non Stock Corp. Can a BOD principal appoint a primary AND a secondary proxy simultaneously? ....in same document?

The idea being that if the principal is not in BOD meeting attendance, then the primary is his proxy. If principal AND primary are not in attendance, then secondary is principal's proxy. Proxies are not addressed in Articles or By-Laws.

Also if valid proxies and all other directors are... View More

Timothy R Johnson
Timothy R Johnson
answered on Feb 26, 2018

In theory, sure a director could have alternate proxies based upon availability, but it should very clearly be established in any appointment forms regarding the circumstances when a proxy has the authority to operate on behalf of the principal. I have to stress that it should be VERY clear.... View More

1 Answer | Asked in Business Law and Contracts for Virginia on
Q: Virginia Non Stock Corp. Can a BOD director put a non- expiring or maybe an annual proxy in place?

If so, can the proxy specify a prioritized list of directors in meeting attendance to act as proxy?

Also if this can be done, can the directors attending a quorum BOD meeting use the proxy / proxies to unanimously approve resolutions?

Thanks!

Timothy R Johnson
Timothy R Johnson
answered on Feb 26, 2018

The first thing to check is the entity's articles of incorporation and by-laws to see what, if any, restrictions are placed on proxies. Generally, those rules will control the issue.

If there is nothing limiting the use of proxies, then Virginia's Non-stock Corporation Act rules...
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