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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Virginia on
Q: Which type of claim - declaratory judgement or other?

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

F. Paul Maloof
F. Paul Maloof
answered on Feb 22, 2018

A Declaratory Judgment Complaint would be your best avenue of approach based on your reported facts.

2 Answers | Asked in Civil Litigation for Virginia on
Q: What are the biggest reasons some lawsuits are kept sealed instead of open to the public?

This has to do with confidential settlements.

Timothy R Johnson
Timothy R Johnson
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...
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1 Answer | Asked in Civil Litigation, Health Care Law and Landlord - Tenant for Virginia on
Q: My case involves a home health care provider that refused to enter into an agreement with me days after i moved in.

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

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Virginia on
Q: I live in VA and I worked as a consultant for a company in Florida, and they are not paying me for work performed

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?

Timothy R Johnson
Timothy R Johnson
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....
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1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia on
Q: Landlord sent charges to a collections agency while disputing the original charges. Can it still be reported to credit?

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

F. Paul Maloof
F. Paul Maloof
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

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: If a roomate who is not on the lease decides to move out immedatly without paying is there any leagle recorse

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

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Civil Litigation, Employment Law and Libel & Slander for Virginia on
Q: I know Va is an at will state, but I was just fired without warning based on false information.

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

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: I sold my truck to my brother. I financed it at 5% interest. He stopped making payments and balance owed is $4200

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?

F. Paul Maloof
F. Paul Maloof
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

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Virginia on
Q: How do you pursue buyers in Fairfax County Circuit Court who defaulted on a real estate contract?

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

Richard Sternberg
Richard Sternberg
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

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1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: We weren't told of an existing defect in the house we bought; can the seller be liable?

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

Richard Sternberg
Richard Sternberg
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.

1 Answer | Asked in Civil Litigation and Probate for Virginia on
Q: Brother suing for deceased mom's and my joint bank account.

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?

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Civil Litigation and Construction Law for Virginia on
Q: how do we get a mechanics lien removed after the lien has expired?

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

F. Paul Maloof
F. Paul Maloof
answered on Feb 2, 2018

You will need to petition the Court and seek a court order to remove the lien.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: Warrant in detinue in Va?

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

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Civil Litigation for Virginia on
Q: What type of motion if filed to oppose rule 28 U.S.C. 1915(a)(3) in the sixth circuit?

The Appeals Court ruled for me not to appeal in informa pauperis status under 28 U.S.C. 1915(a)(3)

F. Paul Maloof
F. Paul Maloof
answered on Jan 27, 2018

I do not practice federal court appeals. Sorry.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: In Virginia, is there a law requiring notarization or other authentication of a Deed of Trust prepared in another state?

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

F. Paul Maloof
F. Paul Maloof
answered on Jan 21, 2018

You need to challenge the Deed of Trust in Circuit Court and make the lender a party.

1 Answer | Asked in Civil Litigation for Virginia on
Q: When do I file for default judgement

In regard petition for a appeal

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Civil Litigation, Criminal Law and Libel & Slander for Virginia on
Q: Can I file harassment charges if someone calls my office and makes false accusations about me that get me in trouble?

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

Susan Fremit
Susan Fremit
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.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Virginia on
Q: are the sellers responsible for any repairs after the closing in virginia?

After 2 month, the basement was flooded and the buyer asked us to responsible for the repair.

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

Generally no but it may depend on what your purchase and sales contract says.

1 Answer | Asked in Civil Litigation for Virginia on
Q: My brother's attorney is threatening to sue me for money I withdrew from my joint bank account with my mom.

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

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

You will have a good defense in Court.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Would code 18.2-115 apply to withdrawing money from a joint bank account?
F. Paul Maloof
F. Paul Maloof
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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