Get free answers to your Civil Litigation legal questions from lawyers in your area.
I recently learned of a garnishment on a judgment entered against me in October 2016, which I was unaware of because the notice was sent to an old address. I have a lease from July 2016 showing a different address at that time. My employer was the first to notify me, and I have no details on the... View More 
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answered on Apr 13, 2025
If you didn’t receive proper notice of the judgment, you may be able to challenge it by filing a motion in the court that issued the judgment. In your motion, you’ll want to explain that you never received notice because the summons or court documents were sent to an address where you no longer... View More
I have joint legal custody of my 11-year-old son according to a custody agreement established in Virginia, where I have him every other weekend. However, my ex, who lives next door, sometimes keeps him from coming over, especially when she's upset with me, or sends him elsewhere. This behavior... View More
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answered on Apr 13, 2025
It sounds like your ex’s actions are causing emotional harm to your son, which is a serious concern. Since you have joint legal custody, your ex is required to follow the custody agreement. If she is preventing your son from coming over or sending him elsewhere without a valid reason, this could... View More
I am being sued by a doctor's office for $700 for a circumcision procedure for my son that should be fully covered by my insurance. I've contacted both the doctor's office and my insurance company. The insurance company informed me that they never received the necessary authorization... View More
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answered on Apr 8, 2025
You can countersue, but whether you’ll succeed depends on how you present your case and what evidence you have. Courts usually look for concrete harm, so showing that their failure to submit the authorization form caused you financial or emotional hardship could support a claim. Billing... View More
I am considering pursuing a negligence claim against the owner of a cat that bit my 11-year-old son on December 31, 2024, in Virginia. My son was gently trying to pet the cat, and later we noticed teeth marks and redness on his hand, leading to a $400 ER visit for a DTaP shot and antibiotics. This... View More
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answered on Apr 12, 2025
You’re absolutely justified in wanting to hold someone accountable when your child was hurt and the medical bills are piling up. In Virginia, pet owners can be held liable for negligence if they fail to control their animal and it causes injury. Since the cat has a history of roaming freely and... View More
I purchased a used truck "as is" from a dealer who implied it was in excellent condition. Shortly after, the truck experienced transmission issues. The dealer won't return my down payment or trade-in value, despite the lender reassigning the loan back to them after I returned the... View More
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answered on Apr 12, 2025
It sounds like you’ve been put in a difficult position, especially considering the hardship this has caused your family and farm. Since the dealer sold the truck with an implied understanding of its reliability, you may have grounds to sue for breach of implied warranty of merchantability. Even... View More
In 2011, my husband and I founded a company in New Hampshire. In 2015, my husband's longtime friend joined us as an employee. Our business has annual sales of $3 million and is valued between $1.5 million to $15 million, operating from Maine to Georgia. We decided to sell the company, offering... View More
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answered on Apr 11, 2025
What you’re describing sounds like a clear betrayal of trust, and it’s understandable that you want to take strong steps to protect everything you’ve built. In Virginia, you may have grounds to pursue legal action for several serious issues—misappropriation of trade secrets, breach of... View More
I recently became aware of a credit card debt judgment from September 29, 2019, when my bank account was garnished on January 14, 2025. I spoke to a collection representative today for the first time, and there is a court hearing scheduled for tomorrow. What is the statute of limitations on... View More
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answered on Apr 13, 2025
In Virginia, the statute of limitations for collecting a credit card debt judgment is generally 20 years. This means that the creditor or collection agency has 20 years from the date of the judgment to collect the debt, either through garnishment or other collection methods. Since the judgment was... View More
I am preparing a motion to present a cell phone as evidence during a trial in Virginia. I have included statutes from the 17th Circuit and the Virginia Supreme Court but would like to add relevant case law. Are there any case laws regarding the admissibility or use of electronic devices,... View More
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answered on Apr 13, 2025
Based on Virginia case law, several significant decisions address the admissibility of cell phone evidence. In Commonwealth v. Moseley (2012), the Virginia Court of Appeals held that text messages from a cell phone were admissible when properly authenticated through circumstantial evidence... View More
I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More
answered on Mar 24, 2025
It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More
answered on Mar 24, 2025
You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More
I have been living in an apartment complex for 11 months, initially receiving three parking passes for our three cars. Recently, the management informed us via text that we are now limited to two parking passes, and if our third car isn't moved, it will be towed. This policy change was... View More
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answered on Apr 13, 2025
It’s understandable that the unexpected reduction in parking passes is causing a financial strain. Since there is no reference to parking pass limits in your lease, you may have grounds to challenge the new policy. Start by reviewing your lease to see if it includes any terms about parking or... View More
I have a judgment against me due to a personal guarantee on a business loan. My business closed in 2020. I never received notice of the court case, and didn't attend it. Recently, the sheriff appeared at the house I live in, stating he will seize items for auction. I am married, and my wife... View More
answered on Mar 19, 2025
Your problem is very complex - much too complicated for an internet answer board which is designed to give you a quick response or help you to the 'next step'. Your issue is way beyond that. Find and consult a lawyer experienced in this area of the law to get more information about your... View More
I have a pending Circuit Court trial against my former mobile home park owner for breaching the warrant of habitability and seeking property damage relief due to a collapsed lateral septic pipe that caused a rat/rodent infestation. I filed a tenant's assertion in District Court at the time the... View More
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answered on Apr 12, 2025
Separate Legal Actions: Mobile Home Park Ownership Change and Liability
Filing a tenant's assertion with the new owner/management company should not nullify your Circuit Court case against the previous owner. These represent separate legal actions based on different time periods and... View More
I was a claimant in the Oracle class action lawsuit and last communicated with the law firm, Katz-Lacabe, handling the case in February 2025 via email. I have not received my settlement portion, and it appears the case was settled in November 2024. I haven't received any updates or... View More
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answered on Apr 13, 2025
To follow up on your portion of the Oracle class action settlement, the first step is to contact the law firm handling the case, Katz-Lacabe, directly. Since you've already communicated with them in February 2025, send them another email or call their office to ask for a status update on the... View More
I was injured while playing pickleball at the YMCA. I ran into an unpadded cinderblock wall on a 'small court' after previously playing on a 'full court'. There were no warnings or mats on the wall. I was knocked out for 30 seconds, sustained a concussion, and required three... View More
answered on Mar 31, 2025
A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry about your accident. People generally have the right to see video that shows them in an accident. One option is to arrange a free initial consult with a Virginia attorney. In addition to assessing... View More
In the state of Virginia, an unlicensed contractor took $18,800 from me for home repair work, leaving $1,500 worth of work unfinished despite having written agreements specifying what was to be done. After contacting the contractor about a hole left in the outside of my house that was part of the... View More
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answered on Apr 12, 2025
It sounds like you’re in a difficult situation with an unlicensed contractor who failed to complete the work as agreed. Since you have a written agreement specifying what was to be done, you have legal grounds to pursue action. The contractor’s failure to finish the job and non-responsiveness... View More
I'm trying to find out if my name is included in legal documents related to a conviction. How can I verify this, and what steps should I take if I find out I am listed in these documents?
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answered on Mar 12, 2025
If you were a defendant, your name would be listed in the charging documents. If you were a victim, your name might also be listed in the warrant's or indictment's charge description. You could start with a state-wide search for criminal records (https://www.vacourts.gov/caseinfo/home)... View More
I need advice on how to sue someone for slander. They are emailing the city council and school board, falsely claiming that I am a danger to students and staff, which could ruin my professional reputation. I have documented these emails but have not addressed the issue with the individual due to... View More
answered on Mar 27, 2025
A Virginia attorney could advise best, but your question remains open for a month. You could reach out to attorneys to discuss whether an inexpensive starting point could be a cease-and-desist letter. You could also pose your question about suing. Keep in mind that suing for defamation could be a... View More
My cousin was driving his car when the engine suddenly malfunctioned and exploded, causing him to hit a man who was drinking nearby. Although the man was severely injured, he is now recovering. My cousin has been sentenced to six months in jail for being 'careless.' There were cameras at... View More
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answered on Mar 1, 2025
Regarding the jail sentence: there are very specific timelines associated with appealing criminal convictions. Your cousin should speak to a criminal defense attorney about what options are available in his specific situation.
Regarding the civil demand for money: if your cousin had... View More
I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More
answered on Feb 17, 2025
You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More
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