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Virginia Civil Litigation Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?

I am suing in VA small claims for my sec deposit back because he never afforded me a walk thru, then it was only after I contacted him many months later about my deposit. He then said oh there is no money and then said, I actually owe him. I demanded my money and filed a suit. If I win as per the... View More

Andrew Strickland
Andrew Strickland
answered on Jan 9, 2019

Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"

There's a few things going on with your question and some assumptions that I need to make in...
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1 Answer | Asked in Civil Litigation for Virginia on
Q: Corporate officer and the ability to represent the corporation in Kentucky.

Even though an officer and director of a corporation cannot represent the corporation in a legal matter before a judge in Kentucky, can the officer present the facts, factual figures, and draw factual conclusions before the judge in Kentucky, like you can in Virginia? I cannot find it in KY Code.

F. Paul Maloof
F. Paul Maloof
answered on Jan 8, 2019

I am not admitted to the Bar in Kentucky and have no idea what its laws provide on the matter you indicated. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can a tow company keep your semi after tow bill was payed?

We are from NC and our loaded semi broke down in Covington VA. We had to have it towed. The owner of tow company told my wife and I that it could sit in his parking lot till we where able to go get it. My broker sent another truck to pick up my load to deliver it. Tow company wouldn't let... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 7, 2019

I do not handle tow truck cases. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I have 2, 40 yr old people calling me names and posting about me on Facebook and giving me threats can i file harassment

Im only 14 but, I also have proof of the post even if it was taken down i have screen shots of everything that was said. And my father made a post about it but he was standing up for me because this has been doing on for months.

F. Paul Maloof
F. Paul Maloof
answered on Jan 4, 2019

Based on your age of 14, you are considered a minor who does not, in the eyes in the Virginia law, to have capacity to bring a suit in Court in Virginia.

0 Answers | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Q: What are my options? How can I pursue contempt of court for non payment of child support?

For the past several months, I have provided my local child support office with information on the non-custodials place of employment. This information included pictures of the non-custodial parent in uniform with the company logo, Facebook postings and pictures from the website that listed him as... View More

1 Answer | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Tax Law for Virginia on
Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.

my exhusband forged my documents in 2013. he altered the employer id number and stole the financials using the incorrect years to file them and sold it to google for an award. in 2017 my devices kept having all these wierd things coming up. i just thought it was spam. next thing i know i seen an... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 23, 2018

This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.

I know I can take a mechanics lean out on car, but when I read the law it says I can take out a $1000.00 lean, is this true and if it is how can I go about getting the rest of what owed to me the invoice on car is for $4500.00.

Help in Virginia.... Part of the issue is there is a lien... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 13, 2018

The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Q: What if I purchase a piece of furniture and the merchant proceeds to inform me they the them plus their vendor is out.

Am I entitled to a refund? I love in Virginia

F. Paul Maloof
F. Paul Maloof
answered on Dec 11, 2018

I am unsure what is your question since the words you used are confusing.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Is my social security disability and my va law enforcement retirement check exempt from garnishment or lien?

Aside from this income I am practically destitute. I rent an apartment And do not own a home. I had two brain surgeries in April of this year and owe thousands of dollars in medical bills. I originally included this Discover bill and a group of several other debts are owed with the debt... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 9, 2018

Under federal law, social security benefits and retirement benefits are exempt from garnishment.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: What Virginia law, requires a Homeowners’ Association with a court recorded Declaration, to have a Board of Directors?

Are bylaws required authorizing and defining the Board of Directors? Are bylaws required to authorize and define officers? Is a defined and authorized voting procedure required? What law requires them?

F. Paul Maloof
F. Paul Maloof
answered on Nov 26, 2018

You should review the Property Owners' Association Act, which is codified under Virginia Code Sections 55-508 through 55-516.2. The Act is multifaceted with provisions and may provide answers to your several questions.

1 Answer | Asked in Small Claims and Civil Litigation for Virginia on
Q: 0nce judgement is granted in your favor of a debt warrant, how is the money obtained?
F. Paul Maloof
F. Paul Maloof
answered on Nov 13, 2018

It is assumed that the losing party will not voluntarily pay the awarded amount. In that case, once the judgment awarded in your favor becomes final (the period of an appeal has passed), then the judgment creditor can enforce the judgment by filing and setting a court date for a Garnishment... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

Is it a Hipaa violation to include a complete statement of my account which includes what procedures I had done, along with a copy of the contract I signed when filing a warrant in debt with the court?

F. Paul Maloof
F. Paul Maloof
answered on Nov 9, 2018

I do not handle medical collection cases so I regret that I cannot answer your question.

2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Q: How long is a show cause order valid, really?

My husband and co-owner of my home and I entered a separation agreement in 2013 that granted me the house if I paid the mortgage. He paid 3 month's mortgage in 2014 and I had proof that he was gifting them to me, but he took me to court and I was ordered to pay him back the 3 months in March... View More

Gary Kollin
Gary Kollin
answered on Oct 26, 2018

You need a lawyer. You were not successful in your argument.

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3 Answers | Asked in Civil Litigation and Personal Injury for Virginia on
Q: What percentage of a settlement does the plaintiff typically collect after expenses?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2018

In general, attorney fees for personal injury cases in many jurisdictions throughout the country are typically one-third, after expenses. Attorney fees can be set by statute in certain types of claims for recovery of lost wages. It is advisable for plaintiffs to carefully read their retainer... View More

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1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: What are my options? My bank accessed an account that I am not listed on and processed my reguested transactions.

24 hours later, the police came to my house and arrested me. Ripped from my house, humiliated, hurt and Incarcerated for 5 days because a bank employee did not verify the proper authorized person or people listed on the account. Since I did not violate any laws but I was arrested and charged, can I... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 23, 2018

This Is a criminal law matter which I do not handle. Sorry.

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Virginia on
Q: False arrest. Charges dismissed in court by judge testimonies contradicted police report.

Spent 6 months in jail and lost 100% of my life over false charges

F. Paul Maloof
F. Paul Maloof
answered on Sep 15, 2018

I do not handle that type of case. Sorry.

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1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on
Q: I got a class U misdemeanor for littering in VA Never been in court before Will I go to jail
F. Paul Maloof
F. Paul Maloof
answered on Aug 22, 2018

Sorry. I do not handle criminal law matters.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Criminal Law for Virginia on
Q: Hello I have 2 cases. 1. False arrest and 2. Wrongful termination by my company

No priors in my past

F. Paul Maloof
F. Paul Maloof
answered on Aug 17, 2018

Sorry. I do not handle criminal employment cases.

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: I called a company to deliver 8 tons of cheap gravel for $130. When they arrived, they claimed it was $130 per ton.$1024

I called a company to get 8 tons of crush and go gravel delivered and spread down my alley. I called other places and received a quote of $230 for 8 tons of this gravel to be delivered and dropped slowly down the alley but not spread. This company said they would deliver and spread it for $130.... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 9, 2018

If you took the delivery and signed for it, you are obligated to pay for it.

1 Answer | Asked in Banking, Civil Litigation and Collections for Virginia on
Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go
F. Paul Maloof
F. Paul Maloof
answered on Aug 9, 2018

If you mean: $40,000 you should contact the FBI.

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