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Questions Answered by Maria T Patente
1 Answer | Asked in Elder Law and Estate Planning for Virginia on
Q: Is a change in power of attorney valid if it was done within 90 days of being diagnosed in dementia?
Maria T Patente
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answered on Mar 20, 2023

A diagnosis alone does is not complete proof that a person lacked capacity to execute a valid Power of Attorney. In addition, "dementia" is a general term and can include varying degrees of inability to process information accurately. However, for a Power of Attorney to be valid, the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a legal question about someone vacating my residence

I gave someone 45 days to vacate my home I gace a verbal,text message and written documents..they said ok and moved 80% of their stuff out and have not stayed at the home since but still have items there i reach.out and ask when they were coming to get there remainder of the items but they ignore... Read more »

Maria T Patente
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answered on Mar 20, 2023

I advise against taking "self-help". The Virginia Residential Landlord Tenant Act creates a high penalty for landlords who evict a tenant without obtaining a Judgement of Possession and Writ of Eviction through a Court. The penalty can exceed $5,000 plus attorney fees for the tenant.... Read more »

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: salemans modified cancelled contract, forged name, then file with collections agency..what options to stop collections

A salesman came to my son's home Nov 29th, demonstrated vacuum cleaner. Purchased, signed contract...had 3 days to cancel contract. Dec 1st he cancelled contract, salesman came picked up vacuum and took all paperwork including his copy of the contract stating he didn't need it anymore.... Read more »

Maria T Patente
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answered on Mar 20, 2023

Yes, your son could pursue a private right of action under the Virginia Consumer Protection Act. In these cases, any intentional or willful actions that violate the act enable the Plaintiff to recover treble (triple) the damages and attorney fees. The Virginia Consumer Protection Act creates a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: should I pay or go into court for a failure to obey highway sign infraction?

college-aged female, 1 previous record of speeding (non reckless) from over a year ago, otherwise clean record, involved in community. is there a benefit to at least showing up to court?

Maria T Patente
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answered on Mar 20, 2023

People frequently choose to pay a ticket rather than contest it because they think it costs more to go to Court and take a day off of work than to pay the ticket. However, most people experience a large increase in their insurance premiums when points appear on their driving record. Three points... Read more »

1 Answer | Asked in Consumer Law for Virginia on
Q: i been out of country and did not received the summons and court order judgment against me for the credit card payments

should i file motion and ask the court to set aside the case ?

Maria T Patente
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answered on Mar 20, 2023

If the Court Order occurred within 30 days, you may be able successfully motion the Court to re-open the case or re-try the case. If the Court Order occurred within the past 10 days, you could appeal to the Order to the Circuit Court. If you were in the military, you may be able to obtain relief... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When renting throught a private owner are the tenants able to use the attic?

Our leasing manager is telling us we don't have access to use the attic because it belongs to the home owners association. However that information was not provided in the lease we signed. We have a rat situation in the attic and they have yet to resolve that. We also have been told one of the... Read more »

Maria T Patente
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answered on Mar 20, 2023

Tenants have several options in cases like this, when safety and health are threatened due to uninhabitable living conditions. (1) A Tenant's assertion (2) a Repair and Deduct (3) a 21/30 day notice to landlord, demanding that Landlord repairs in 21 days or lease will end on day 30.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a way I can get a judgement or eviction sealed on my rental/ credit history?

Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?

Maria T Patente
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answered on Mar 20, 2023

Under some circumstances, a defendant may be able to successfully motion the Court to re-open a case. For example, if a Court issued a default judgement, and the defendant was unable to attend through no fault of his/her own. Also, keep in mind that every matter in a Virginia General District... Read more »

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