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Virginia Civil Litigation Questions & Answers
0 Answers | Asked in Car Accidents, Consumer Law and Civil Litigation for Virginia on
Q: I am a victim of gross negligence and property damage.

I took my vehicle to a state inspection Atuo Repair shop for a state inspection. I also requested that my tires be rotated. The shop called to inform me that my car failed inspection and they provided me with a list as to why. They said that they did do the tire rotation and charged me for it. I... View More

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
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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

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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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

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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