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Virginia Civil Litigation Questions & Answers
0 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: What are our options as a small business when a lawyer states our previous client wants to sue under consumer protection

We are a new business & provided a potential client, Sara w/a quote to rebuild deck, railing & stairs which she negotiated in her closing cost buying the home.The realty/ law firm wrote us a check, based off quote for labor/materials. All materials delivered to her house & were 85 %... View More

1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How do I collect fees owed me from an attorney who won't pay? (Virginia)

I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.

Can I complain to the Virginia Bar? Or is a civil... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More

2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it wise to have a pro bono attorney stand up to a Fortune 500 business?

Would it be best to hire an Attorney to fight a tort issue with a Fortune 500 Company?

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Attorney of all levels of skill and experience volunteer time to work at legal clinics and other agencies--both public and private--on a pro bono basis. If you meet the agency's criteria for indigency and are provided access to an attorney for pro bono legal representation, it's fairly... View More

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0 Answers | Asked in Civil Litigation for Virginia on
Q: I live in Virginia my daughter died without a will her daughter didn’t let me come in to retrieve anything she got

She got a warrant on me for trespassing my daughter had me on her last wish list I have suffered emotional stress from all of this the warrant for me had a date and her papers had a different date I was held in a room for 2 hours the court made a mistake with the date Can I sue her what rights do I... View More

0 Answers | Asked in Civil Litigation for Virginia on
Q: I live in Virginia my daughter died without a will her daughter didn’t let me come in to retrieve anything she got

She got a warrant on me for trespassing my daughter had me on her last wish list I have suffered emotional stress from all of this the warrant for me had a date and her papers had a different date I was held in a room for 2 hours the court made a mistake with the date Can I sue her what rights do I... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: How much notice do the courts have to give me if summoning me from another state?

I received papers on March 18 saying I have to be in court in another state on the March 28. Am I expected to get there with 10 days notice ?

James L. Arrasmith
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answered on Mar 22, 2024

The amount of notice required when being summoned to court from another state can vary based on the type of case and the specific laws of the state where the court is located. Generally, courts are supposed to provide reasonable notice for individuals to prepare and travel for the appearance. Ten... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... 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

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