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Virginia Civil Litigation Questions & Answers
0 Answers | Asked in Construction Law, Consumer Law and Civil Litigation for Virginia on
Q: Recourse in VA for unlicensed contractor not finishing job?

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

1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on
Q: How do I verify my name in legal documents related to a conviction?

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?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

0 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: Water damage responsibility between units in Virginia with no HOA involvement

In Virginia, water from the upper unit caused water damage in my lower unit. The HOA is not involved, as they determined it was not caused by a common pipe. I have contacted the owner of the upper unit, and there is a report stating that the damage was caused by a blockage in their unit, leading to... View More

0 Answers | Asked in Libel & Slander and Civil Litigation for Virginia on
Q: How can I sue for slander due to false statements?

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

0 Answers | Asked in Collections, Civil Litigation and Contracts for Virginia on
Q: How to draft a defense against a $7,833 credit card debt lawsuit?

I have been sued by Jefferson Capital, claiming I owe them $7,833 from an old Capital One credit card debt. I received a bill of particulars, but the attached documents seem incomplete. I need to submit my grounds of defense by March 3, and the court date is April 4. I am not familiar with... View More

1 Answer | Asked in Appeals / Appellate Law, Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can my cousin appeal a 6-month jail sentence after accident?

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

Amy McMullen Harber
Amy McMullen Harber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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0 Answers | Asked in Business Law, Contracts, Personal Injury and Civil Litigation for Virginia on
Q: Mechanic installed improper fuse; $2000 damage occurred.

Three years ago, a vehicle mechanic willfully installed an improper fuse in my vehicle. Recently, that fuse failed to protect the electrical circuit, resulting in approximately $2000 in damages. I have documentation on the improper repair from the invoice, and I can prove the damage is to the... View More

0 Answers | Asked in Civil Rights, Civil Litigation, Gov & Administrative Law and Criminal Law for Virginia on
Q: Voice to skull torture in Virginia, seeking legal action and compensation.

I believe I am experiencing voice to skull torture by multiple individuals, including alleged involvement from the police, and it has been happening for over a year in Virginia. I have limited evidence beyond recordings. The incidents are more frequent in specific locations. How can I pursue legal... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

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

Richard Sternberg
Richard Sternberg
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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0 Answers | Asked in Civil Litigation, Civil Rights, Libel & Slander and Employment Law for Virginia on
Q: Can my boyfriend sue for false accusations and delayed jail release?

Can my boyfriend sue for false accusations and delayed release in jail?

My boyfriend was falsely accused of abuse, with a colleague providing a false statement against him. I denied the allegations and have reasons, including being drunk and having a mental health issue at the time,... View More

0 Answers | Asked in Criminal Law, Domestic Violence, Civil Litigation and Civil Rights for Virginia on
Q: Can my boyfriend sue for false accusations and delayed release in jail?

My boyfriend was falsely accused of abuse, and a colleague provided a false statement, though I denied the allegations. He was charged with simple assault and DUI and was held in jail even after being told of his release by a judge due to a 24-hour delay in processing his release papers. There were... View More

0 Answers | Asked in Civil Rights, Civil Litigation and Consumer Law for Virginia on
Q: Neighbor installed cameras invading my privacy, legal steps?

I'm dealing with a hostile neighbor who has installed surveillance cameras aimed at my property, including my basement, sunroom, and just recently, an upstairs bedroom door. He behaves dangerously, like driving too fast when kids are playing outside. Despite involving the police, they've... View More

2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Litigation for Virginia on
Q: Will I get a ticket (or worse?) for stopping too close to a school bus because I didn't realize it was stopping twice?

Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2025

Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.

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2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Virginia on
Q: What options do I have if my provider was supposed to remove a problematic organ but missed a piece and I'm in pain?

During an oophorectomy, a piece of the ovary was missed. It causes continued pain monthly, missed time at work and has now grown into a tennis ball sized mass, which creates new health concerns. I advised my provider of the additional pain I was in after the surgery and at first, he told me it was... View More

Rich Nagle
Rich Nagle
answered on Jan 29, 2025

Yes. You may well have a claim. You should contact a medical malpractice lawyer for a free consult. I would be happy to have my firm assist you.

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1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for Virginia on
Q: The supervisors are privy to our healthcare info and request employees give SSN and medical information to them.

I didn't feel comfortable giving my SSN, but noticed a place on the healthcare form that requested the SSN. I was surprised that the supervisor kept my SSN and inserted it into the subsequent forms on later dates. On one occasion, I requested a healthcare form from a supervisor to take to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025

I'm sorry you're experiencing this situation. Protecting your personal and medical information is important, and it's understandable to feel concerned.

Under HIPAA, your medical information is protected, but there are specific circumstances where employers can access certain...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Does a dollar value have to be added to a Warrant in Detinue, if I do not want money?

I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More

Brian M. Latuga
Brian M. Latuga
answered on Sep 28, 2024

You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: How do I remove myself from being executor from my late ex-father-n-laws will and trust?

His (kids) are fighting over it and one of their lawyers has threatened to take me to court to be removed. I don't trust that lawyer and don't want to sign something he wrote up.

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Virginia attorney could advise best, but you await a response for two weeks. Some questions go unanswered here, but you could repost and add "Probate" and "Estate Planning" as headings - you might have better chances of a response there. Good luck

1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Probate for Virginia on
Q: Is there a way to mail in title to seller without meeting them

Seller bought the car and I’m trying to give them the title without meeting them in person

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck

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