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Virginia Questions & Answers
0 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: Can a defaulting defendant conduct discovery under Rule 4.1 prior to a damages trisl ordered under 3:19?

In Virginia, under Rule 3:19, when a default judgment on liability has been rendered, and a damages trial has been scheduled, can the defendant conduct discovery under Rule 4.1 on the plaintiff prior to the damages trial?

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: Can i be punished for something that occurred on my day off

On my scheduled day off, I went to a social gathering with friends and had been drinking, afterwards i went to the fast food restaurant that i work at, went through the drive-thru & purchased food. When i worked on my next scheduled shift, my general manager wrote me up. Is that legal

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Yes, it is legal.

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: I'm starting a real estate development company focusing more on residential rentals. Which business structure is better?

I'm starting a real estate company focusing on residential rentals (single family, multifamily, apartments). Which business structure offers the best tax advantages?

T. Augustus Claus
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answered on Sep 29, 2023

LLCs and S Corporations are often considered advantageous for real estate ventures due to potential benefits like pass-through taxation and liability protection. You should consult a tax advisor to analyze which structure is most advantageous for your specific situation.

0 Answers | Asked in Divorce, Civil Litigation and Small Claims for Virginia on
Q: Can I get sued for taking car back from ex-wife (divorce finalized)?

I purchased a car for my ex-wife to drive before we were married, it was tagged and titled in my name ever since. She would PayPal me monthly to cover part of the note and the now much higher insurance premiums. She paid about 33% of the loan before she stopped making payments, we separated a few... View More

0 Answers | Asked in Traffic Tickets for Virginia on
Q: I got 2 tickets.

One for failure to stop at a sign & one for going 80/55. Can I go to court for the first offense and just pay for the speeding? I’m 17 and was driving without a license.

0 Answers | Asked in Employment Law for Virginia on
Q: Is it legal for an employer to reduce approved PTO retroactively after returning to work?

I work at a hospital at the front desk in the state of Virginia. I was on approved PTO and should have returned to work on Wednesday and was asked to come in a day early on Tuesday. To avoid paying me overtime they reduced my PTO on Monday, the day before I had returned to work and did not tell me... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: Hello, I scratched out a number on a certificate of title for a car and the dmv won't accept it. Can't contact seller

I need a why to put tags on my car, but the certificate is void and I can't find the private seller who I bought the car from.

T. Augustus Claus
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answered on Sep 27, 2023

If the DMV won't accept a certificate of title because you scratched out a number, and you can't contact the seller for a new title, you could potentially face difficulties in proving ownership of the car.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 2 tickets, one for not stopping at a red light and the other one for going 30 over the limit. I only had a permit

I am 17, and turn 18 on October 25 of this upcoming month. Should I get my license before my second court date? or should I just wait?

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answered on Sep 27, 2023

Given the severity of the violations, especially going 30 over the limit, it may not be in your best interest to get a license before resolving these issues in court. These are serious offenses that could significantly impact your driving record and insurance rates, and it might be beneficial to... View More

0 Answers | Asked in Sexual Harassment for Virginia on
Q: I somehow posted a sexual video of me semi naked doing sexual things for 20 minutes. Friend took video of it with cell

He shared video of me ( privately) of me cross dressing and doing sexual things by myself and it got shared around like wildfire. I’m not gay, maybe bi I had shared it to Facebook on booze by mistake for 20 minutes. He took opportunity to take out his phone and record it and spread it around to... View More

0 Answers | Asked in Traffic Tickets for Virginia on
Q: I got 2 tickets, one for not stopping at a red light and the other for go 30 over the limit. I only had a permit

I am 17, and turn 18 on October 25 of this upcoming month. Should I get my license before my second court date? or should I just wait? 571-835-1967

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I want to take my name off of my moms lease, we co-signed for income reasons. Is it legal to have to forfeit the deposit

When I called to inquire about taking my name off of the lease due to moving out they said we would forfeit the entire deposit. I’m wondering why since my mom will still be a resident. And if it is justified that they take the deposit now, would she be held responsible for any damage costs upon... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

A co-tenant can generally negotiate with the landlord and reach mutually agreeable terms for the removal of the co-tenant from the lease. A landlord is not required to remove a co-tenant from a lease just because the co-tenant decides to move out.

0 Answers | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: It took 68 days to be contacted about my security deposit, and the law states landlords have 45 days to return it.

In the notice, they claimed we owe a balance of $651.50. The "itemized list" literally says: "drip pans, filter, debris, blinds, wall paint : $584; cleaning fee: $67.50"

First off, there's no way that blinds and filters and drip pans add up to almost $600. The... View More

0 Answers | Asked in Uncategorized for Virginia on
Q: Have a joint title on car with ex. Ex damaged car. Can I sue the other title holder in Virginia?

Just a quick question. My soon to be ex and I have a vehicle jointly titled. My ex damaged the brakes and engine by letting a friend work on it without consulting me. Vehicle is now undrivable. Can I sue a joint title holder for damage to a vehicle we both own in Virginia?

0 Answers | Asked in Employment Law for Virginia on
Q: Is it an ethics violation to be offered a promotion, have the work team be notified about it, and then have it rescinded

Was offered a promotion in a government agency, and accepted the promotion offer. This information was circulated to team staff and the government entity for which I provide work. The government entity placed a congratulatory call while I was away, which was broadcast in my car (other people in... View More

1 Answer | Asked in Estate Planning and Tax Law for Virginia on
Q: i am from Virginia and have questions abuot Estates and Trusts.

is the value of a Trust ever properly counted in thevalue of the Estate when the person whi died is also the grantor of the TRust?

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answered on Sep 20, 2023

In Virginia, the inclusion of trust assets in a decedent's gross estate largely depends on the nature of the trust and the powers retained by the decedent. If the deceased was the grantor of a revocable trust, meaning they retained the ability to alter or revoke the trust during their... View More

Q: My employer is trying to evict me since I work where I live but the lease was previously under my now roommate

Good day my name is Alex looking for legal rep advice in matter of labor hostility and harassment discrimination, I have evidence and I have tried to get in good terms with employer I was forced to quit now getting evicted wrongly and maliciously please help

1 Answer | Asked in Real Estate Law for Virginia on
Q: What do you need to do to get a gift deed off of a home when the notary was family and now says she owns part of home?

The home was owned jointly and equally by my husband his father mother and sister. No one gave any art of it away. My husbands niece says years ago after his mother passed that the 3 remaining owners signed over part of the home to the 2 remaining sisters but the gift deed wasn't filed with... View More

Richard Sternberg
Richard Sternberg
answered on Sep 20, 2023

Your description is complex, and the details are critical. The matter is also likely to be time-critical. Any opinion rendered without reviewing the documents and the facts, and likely after some light research on race (not ethnic, but means of filing) recording and duties of notaries in your... View More

0 Answers | Asked in Criminal Law for Virginia on
Q: All my charges are listed as either final or dismissed but they still have me listed as "fugitive file".

Ive had a couple different charges in Russell Co Va but they say they have been dismissed or final even the charge that says fugitive file. Im scared to death to turn myself in . I dont know what to do.

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 18, 2023

You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More

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0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Passenger of car pulled over but no charges pressed can they search passengers and arrest for drug possession?

I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More

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