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Virginia Civil Litigation Questions & Answers
0 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Virginia on
Q: Do the unrecorded articles of incorporation and bylaws for a Virginia non-statutory (common law) HOA that is subject to

the Virginia Nonstock Corporation Act and along with its members a recorded declaration become ipso facto void if the corporation permanently loses its charter and the declaration does not mention a “corporation”, any corporate documents or a procedure to incorporate or otherwise subject its... Read more »

0 Answers | Asked in Civil Litigation for Virginia on
Q: I was the sole beneficiary of a property left in a trust. Can I sue the trustee for breach of fiduciary duties

The trustee would not transfer ownership in doing so before I could get the property left to me. It was foreclosed on and put up for auction. For almost 2 years I tried to gain ownership but I was not giving any opportunity to do so and I was not being informed about loans against the property.

0 Answers | Asked in Civil Litigation for Virginia on
Q: If my family was attacked by a Wal Mart employee & her family in the parking lot; management did nothing, what options?

A WalMart employee seemed to be having a bad day and turned a normal situation into something else; became irate and caused an entire scene in the store and out the store for 5-10 minutes. The management team did nothing to deescalate, remove her from the property or call security to ensure me and... Read more »

0 Answers | Asked in Civil Litigation for Virginia on
Q: I got a notice of civil violation when it was said that I passed a school bus traveling in the opposite direction with l

lights on and arm out. I looked at the video and I would have had to slam on my breaks to stop. The arm went out as I was passing the bus. They want to fine me $250. Is there anything I can do.

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Virginia on
Q: I paid a contractor in Virginia half my deposit. Then he moved to Ohio to avoid paying me back. What can I do?

I have invoice and proof of paying with a cashier's check. He is trying to defraud more people and he blocked me on facebook when I told people he was a scam.

Steven Krieger
Steven Krieger
answered on Nov 3, 2022

If the project was in Virginia, you could sue him in Virginia, but you may need to register the judgment in Ohio (or where ever the contractor is living) to enforce the judgment. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: civil judgement against me for 700.in VA 16 years ago. paid cash . didnt get release . selling my house ,

guy wont acknowledge my phone calls or text ... what Do I do

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or...
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1 Answer | Asked in Civil Litigation for Virginia on
Q: Is litigation my next step?

Someone has owed me money since 2019. I've sent two demand letters via a lawyer. There was no reponse. Is litigation my next step?

Steven Krieger
Steven Krieger
answered on Oct 3, 2022

Yes, it is. If you decide to hire another firm to assist, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: My brother dad wants to buy a house for my brother but has a civil judgement against him. Can house be taken

He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2022

You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Virginia on
Q: Can the other women sue for $10k she gave my husband during their affair?

No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?

Steven Krieger
Steven Krieger
answered on Jun 13, 2022

It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: I gifted my son $18,500 to him, only so that he and his girlfriend could buy a house since then she has kicked him out.

Can I get my money back, she said no I am not giving the money back.

Steven Krieger
Steven Krieger
answered on Apr 30, 2022

If it was a gift, then it will be more challenging. But if it there was an agreement that this money was to be used to purchase a house such that the money was a condition to the agreement, then you'd have a stronger case. I'm sure anyone who responds would be happy to help if you decide... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Do I need to hire a lawyer in the state of Virginia in order to send a demand letter? It’s a civil case.

I’m current in California, and the other party is in Virginia. I am trying to obtain my items that they do not want to return. I have pictures of them stating they have it and are not trying to return my items.

Steven Krieger
Steven Krieger
answered on Apr 30, 2022

You're not required to hire a lawyer, but the letter may be taken more seriously if you hire a lawyer. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: If a Lawyer does a terrible job, and I appeal and win, do I have to pay that lawyer full fees or can I arrange something

I really need to catch up on my debt since my vehicle motor accident, I had ruttermills at first and the judge awarded me, but only about 30% of the debt and fees. I filed an appeal and immediately as I did that Rutter Mills decline to represent me so I've been doing everything since then on... Read more »

Benjamin W.   Glass III
PREMIUM
Benjamin W. Glass III
answered on Apr 5, 2022

It sounds like you had a personal injury case and hired a personal injury law firm that was probably charging you on a contingent fee basis. You won the case but were disappointed with the award. The award can be based on a number of issues, so its impossible to judge, from the award, whether the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: short term 6 month lease was broken by tenant. deposit returned, had to pay broker fee to recruit new tenant. lawsuit

short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance

Richard Sternberg
Richard Sternberg
answered on Mar 29, 2022

Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: Can I ask the insurance co to settle myself without a lawyer? Also do I have to fill out interrogatories with no lawyer?

I was struck by two people in a car accident at no fault of mine. But there were no credible Witnesses besides us. I was injured, and have medical debt and lost wages. not to mention scoliosis so my pain is pretty deep. No lawyers around here are brave enough I guess to take on a case with no... Read more »

Olga Pazilova
Olga Pazilova
answered on Mar 26, 2022

You can, but I would strongly advice you against it. The opposing party will take advantage of it and will either settle for a lot less than the case is actually worth or deny liability completely. Only experienced PI attorney can properly evaluate your case and make sure you're getting... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia on
Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She... Read more »

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2022

I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Virginia on
Q: How do I remove an unlawful detainer/eviction from my public record, after it has been marked "satisfied?"

The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.

F. Paul Maloof
F. Paul Maloof
answered on Feb 3, 2022

You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can my s corp/llc be sued bc a former biz partner owes money from previous business? My business is named in the suit

I started an s corp with 2 other equal partners in Feb 2020. Myself and another partner bought the 3rd partners shares in March of 2021. The partner that was bought out was just sued by a vendor of his that he dealt with in his previous business. The person is alleging that my former business... Read more »

Steven Krieger
Steven Krieger
answered on Jan 12, 2022

Possibly. It sounds like the plaintiff is trying to allege some type of tortious business interference and conspiracy with your new business and your former business partner. This scenario where a person closes down a business to avoid debts and then opens a new business does occur. While your... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Virginia on
Q: Non refundable deposit on a horse

We found a horse on Facebook to purchase for our daughter. We live in NY the Seller is in Virginia. We gave a $2,000 non refundable deposit to hold the horse for 5 days to schedule a Pre Purchase Exam. Refundable in the event there were any new findings. The seller had provided us X-rays and a... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Dec 19, 2021

I regret that I do not handle horse/animal law cases. Sorry.

1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: This man rented a home to me without lease, doesn't even have a license to rent, Plus Deed not in his name.

We have 20 months of receipts.

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2021

I think you need a lawyer to review the situation, but the law requires leases to be in writing. Sometimes, things that don't look like a lease, such as an exchange of written emails or even texts followed by written checks might be a writing. And, if no problem ever arises, then it... Read more »

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