Get free answers to your Civil Litigation legal questions from lawyers in your area.
I filed a Warrant in Debt in VA General District Court against an insurance company for not paying a claim I made against my renter's insurance policy. The basis of my claim was that the damage should have been covered under the vandalism or malicious mischief peril. Malicious mischief is not... View More
answered on Feb 22, 2018
A Declaratory Judgment Complaint would be your best avenue of approach based on your reported facts.
This has to do with confidential settlements.
answered on Feb 22, 2018
If you are just looking for policy reasons, Googling this topic will provide you a wealth of information.
But generally, lawsuits themselves are not 'sealed'. Specific records within the lawsuit may be sealed though, typically to protect personal information (ex: social security... View More
After moving in she and the live in aide engaged in behavior that I considered unprofessional and inappropriate. Even though I paid rent she denied me certain comforts that was afforded to the other occupant of the home. She attempted to evict me but could not prove her case. She pretended to be... View More
answered on Feb 21, 2018
You should call the Office of Legal Aid for civil matters and ask if they can help you. Sorry that I do not handle this type of case.
I live in VA and I worked as a consultant for a company in Florida, and they are not paying me for work performed totaling over $10k - do I sue them in Virginia or Florida? And if VA which court?
answered on Feb 21, 2018
It's not a clear-cut answer whether you can sue the company in Virginia because it can depend on what the company's contacts are with Virginia.
What is a safe bet that they can be sued in Florida since they are a Florida company, presumably engaging in business in Florida.... View More
We moved out, documented the condition in photos, videos and receipts of cleaning/replacements. We received an itemized list of damages on day 47 but postmarked on day 45. They kept our security deposit and say we still owe 877. One of the damages they listed was for something we have... View More
answered on Feb 19, 2018
Even though you are bringing a claim for your SD in small claims court, the landlord has the right to bring a separate claim for the alleged damages. If the landord brings its claim in small claims court, you may be able to have both claims consolidated and heard at the same time. You can notify... View More
4 people live together and split rent, 3 are on the lease with the company that rent the appartment. The lease is for 15 month. The 4th roomate has lived here and pays her part of the rent for the past year and is now moving out imidatily and the other 3 are stuck on the lease, can the 3 roomates... View More
answered on Feb 16, 2018
If there is an oral lease agreement between the 3 who are signatories on the lease with the 4th tenant, those 3 can bring a Warrant in Debt against the 4th in court.
I know Va is an at will state, but I was just fired without warning based on false information about me provided by our executive director to our CEO. Nothing was done by either to determine the truthfulness of the information-nor was I even asked about the situation. I was just called in the phone... View More
answered on Feb 16, 2018
You certainly can file a lawsuit but you have the burden of proof so get your evidence and witnesses together since those will be required to support your claims.
This was a verbal agreement. I have records of all payments made and also email of terms of agreement. Can I take him to small claims court?
answered on Feb 15, 2018
You are able to bring a claim against your brother in small claims court in Virginia. You will have the burden of proof to persuade a Judge that you should be awarded a judgment. That may be the easy part. Collecting the money from your brother after the judgment is entered will be the more... View More
Hi,
Last summer we were under contract to sell a home in Fairfax County. After delaying settlement several times, the buyers do not show up on the day of settlement and leave us hanging. They later send us an email saying they were unable to obtain financing and would offer us $2,000 of... View More
answered on Feb 12, 2018
First, you need a lawyer to review the contract. Many contracts in Fairfax provide that the damages for a breach by buyer is limited to the earnest money deposit. Not all contracts are the same, and all can be modified, but if you signed that clause, it is enforceable. Many lawyers provide... View More
The roof is leaking and it appears that the owner knew of this leak prior to selling. Also, there is existing water damage appearance in the same area that was not discovered during pre-purchasing inspection. Discovered Facebook posting shows owner was inquiring about roof repairs a few months... View More
answered on Feb 12, 2018
It is very likely that you have a claim, and it may be against both the seller and their realtor. You should seek counsel.
Although my mom and I had a joint account and she did not want him to have access to our money,my brother feels he's entitled to half and has threatened to take me to court unless I give him half. If we do go to court, what information will I need to provide him regarding our account?
answered on Feb 3, 2018
The answer will depend on in which court your brother files his claim. If General District Court, there is no discovery. If Circuit Court or Probate Court, there is discovery but he had to file the right pleadings to get any documents.
The lien was filed June 6 2017 and the company is trying to enforce it as of Jan 26 2018. The law in VA states the lien expires after 6 months. work has stopped on our build so removing this is imperative.
thank you
answered on Feb 2, 2018
You will need to petition the Court and seek a court order to remove the lien.
2 years ago my dad sold me his 1969 camaro for a dollar. Recently he has went into nursing home. He lived by himself and his house is paid for. He is 14000.00 due to nursing home. My aunt came in from Florida hasn't been here to even check on him in over 2 years and is poa has filed a warrant... View More
answered on Jan 31, 2018
It sounds like her story has no legs. If she appears before a Judge, she will have the burden of proof to provide documentary evidence to prove her claims, otherwise the Judge will dismiss her case.
The Appeals Court ruled for me not to appeal in informa pauperis status under 28 U.S.C. 1915(a)(3)
Acknowledgement was fraudulently notarized. Closing was in Virginia. Lender obtained notary in Maryland to falsely state I appeared before him. Notary initialed certificate instead of signing (required in MD and VA), didn't have me sign fair register (required in MD), didn't enter date... View More
answered on Jan 21, 2018
You need to challenge the Deed of Trust in Circuit Court and make the lender a party.
In regard petition for a appeal
answered on Jan 19, 2018
A default judgment is filed with the trial court when the defendant did not file an answer within the time allowed.
An appeal is filed with the appellate court after the ruling by the trial court.
My fiance's ex has been stalking me on social media and harassing us both by sending him everything I've ever posted in a support group that was supposed to be private and helpful for me as a stepmom to their daughter. I have her number blocked on my phone but she's still attacking... View More
answered on Jan 19, 2018
You can go directly to the Magistrate's office in the county where you live and file a complaint. That way, you aren't involving the police at all since you say they won't help you.
After 2 month, the basement was flooded and the buyer asked us to responsible for the repair.
answered on Jan 13, 2018
Generally no but it may depend on what your purchase and sales contract says.
Mom passed away a month later. Mom did not want him to have any of the money. And he didn't even know about it until he contacted the bank and they gave him the info. He said I withdrew fraudulently and will sue me if I don't return money to her estate. There was no will; nothing to... View More
answered on Jan 13, 2018
A joint bank account, by its own title, gives either account holder the right to withdraw funds from the account. A withdrawal by a joint account holder would not a fraudulent conversion as 18.2-115 expresses.
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