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Virginia Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Virginia on
Q: Can I sue my granddaughter for emotional stress after the death of my daughter She took out a warrant for my arrest

For trespassing she falsely accused me of Court had issued 2 dates so I was arrested for not appearing which I was confused after being held for about 3 hours

0 Answers | Asked in Civil Litigation for Virginia on
Q: What are the light trespass laws for a business on residential properties?

A newly built church opened in November 2022. Since then my neighbors and I have asked them to do something about the lights at the side of the church that are invasive to our yards and homes. The lights also enter our windows from dusk to dawn impacting sleep and enjoyment of our properties.... View More

0 Answers | Asked in Civil Litigation for Virginia on
Q: Filled Warrant of Debt in GDC, for $20K, but their limit is $15K, however have yet to submit the BofP, and it looks like

it will be under $15K, am I ok, given initial request of $20K, to proceed in GDC or should I try and have

transferred to CC (they do up to $50k, or higher)? Can they move to dismiss at any time due to the $20K request, or with the BofP let me stay in GDC? Can I dismiss the case at anytime... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Virginia on
Q: can abingdon regional jail cut a inmate off suboxone cold turkey?
James L. Arrasmith
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answered on Feb 23, 2024

Abingdon Regional Jail may have policies and procedures in place regarding the administration of medications, including controlled substances like Suboxone. However, abruptly discontinuing Suboxone without proper medical supervision and a gradual tapering schedule can pose significant health risks... View More

3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 7, 2024

A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Can I break a commercial lease because management company did not disclose a critical information that affect my company

The land lord threaten to sue because our product branding can be seen through our windows, and that violates their advertizing rules.

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2024

You need to start with a lease review. That should include all correspondence about the property, sales materials, and anything else that is relevant. There is no reliable answer without that.

1 Answer | Asked in Civil Litigation for Virginia on
Q: What can I do about someone going to my coops and letting my poultry out and messing around in my buildings?

I have one to two people that keeps letting my poultry out and feeding them dog food knowing it will kill my goats and other animals I've told them numerous times to stop and they continue to do so what do I need to do

James L. Arrasmith
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answered on Jan 24, 2024

If someone is repeatedly entering your property, letting out your poultry, and potentially endangering your animals by feeding them harmful substances, you have several legal options to consider. Firstly, it's important to document these incidents meticulously. Keep a record of each... View More

2 Answers | Asked in Civil Rights, Family Law, Civil Litigation and Libel & Slander for Virginia on
Q: Is this grounds for a civil lawsuit for my mother?

My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Virginia, the situation your mother is facing with her ex-husband and his new wife sending harassing messages and posting negative comments about her could potentially be grounds for a civil lawsuit. Harassment and defamation (if the statements made are false and damaging to her reputation) are... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: Do have I have a chance to with suing a friend for $9k they borrowed? plus court and lawyer fees? I a have text messages

I borrowed a friend 9k with a promise that they would repay the full 9k and 20% interest. It’s now over a year and they keep giving me the run around. At this point I do not care about the 20% interest, I just want my money back. I have multiple texts messages about the money and their promises... View More

Steven Krieger
Steven Krieger
answered on Dec 15, 2023

Yes, you should be able to make a viable claim based on the text message exchange for the $9k and interest, but no attorney's fees unless that was also included in your messages. If the agreemenet was made while everyone was in Virginia, you should be able to sue in Virginia. If you decide to... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Looking for a reputable lawyer in the King George, VA proficient in property destruction and disputes, and harassment

Please provide the lawyer's name, phone, year's in practice, consultation fee, pricing structure, etc.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Virginia attorney could advise best, but your question remains open for a week. However, it would be difficult for attorneys here to respond to your request for legal representation or attorney information. The format here is basically Q & A - no solicitation. In addition to your independent... View More

1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

James L. Arrasmith
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answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

3 Answers | Asked in Contracts, Civil Litigation, Domestic Violence and Legal Malpractice for Virginia on
Q: If a lawyer promises to see your case through to the end are they obligated to?

Handshake was given

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2023

No. Attorneys may be allowed to withdraw from a case in most circumstances.

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1 Answer | Asked in Civil Litigation and Business Law for Virginia on
Q: Is it against the law for a restaurant owner o tell you after you’ve bought food that you aren’t allowed to sit and eat

I was on my break and just wanted to eat my lunch that I’d just bought .the owner at the Chinese food place looked at me and stated “ no you can’t eat here because it cost more and it’s a different menu . My food was only $5.36. If feels wrong I was so humiliated.

T. Augustus Claus
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answered on Aug 22, 2023

In Virginia, restaurant owners generally have the discretion to establish policies regarding whether customers can consume food on the premises after purchase. While there is no specific law mandating such allowances, it's within the owner's right to enforce their rules for various... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Virginia on
Q: In Virginia can I sue a beauty school for negligently cutting my hair?
T. Augustus Claus
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answered on Aug 14, 2023

Yes, you may have the right to sue a beauty school in Virginia if they negligently cut your hair. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. If the beauty school's negligence led to improper hair cutting that caused damage or harm,... View More

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1 Answer | Asked in Bankruptcy and Civil Litigation for Virginia on
Q: I was served at work by a sheriff for a warrant in debt by my land lord who put my work address down is that illegal

Is it illegal for him to do that at my place of employment without approval from the judge to do so

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

No. It is not illegal.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: I recently I had a case in small court claims that was dismissed. Could I sue the person in civil court?
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2023

A Virginia attorney could advise best, but your question remains open for a week. It could depend on how it was dismissed by the court, and the grounds on which it was dismissed. For instance, if a case was dismissed for missing the statute of limitations, it would probably be game over in many... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: someone is claiming that I stole an old john deere that they gave to me. How can I protect myself?

My family and I helped a friend of mine clean out their barn before they moved. There was a john deere 5 wheel gator in one of the barns that didn't run and all the tires were flat. They told me I could have it and even helped me trailor it to my house. I've been working on it to fix it... View More

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. No one can stop anyone from suing. What would happen in such a lawsuit? It's difficult to say. It looks like it might be a matter of your word against the other person's. It could depend on available... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Insurance Defense for Virginia on
Q: My son is the President of a Fraternity at if current University. Will Personal Liability insurance will cover him?

My son is the President of a Fraternity chapter at if current University and I'm concerned about covering him in case of an incident or accident. So with that said, will personal liability insurance will cover him?

Tim Akpinar
Tim Akpinar
answered on May 13, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. However, no attorney could really answer this question without seeing the terms of the policy. Your carrier could probably provide the most definitive guidance on this - they may be your best starting point. Good... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: How do I obtain payment for a default judgement if the company has changed its name or relocated?

There was a default judgement enter in 2013. The defendant did not pay. After doing some research I found that the business name does not exist. When I google the name another business name comes up but in a different location. How do I find out if the business changed it's name and relocated?

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

Check the business entity records of the state where it was formed. This would most

likely be the same public office from whom you obtained the registered agent and registered office information back when you got the original default judgment. Many of these records are available online...
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1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: I just refinanced on a car with a dealership that deals with banking, I signed a contract and car won’t go in reverse

They denied my refund it hasn’t been a whole 24 hours, I no longer trust the dealership because they are hanging up in my ear, I live in norfolk Va, how can I get help with this, does this fall under the lemon law, not to mention I told them I was unable to get insured which was reason 2 I wanted... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have just purchased a car and it has a significant mechanical issue, such as the inability to go in reverse, you may be able to take action under Virginia's lemon law or other consumer protection laws. Under Virginia's lemon law, a car may be considered a "lemon" if it... View More

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