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Virginia Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for Virginia on
Q: Can I incriminate myself if the evidence I provide in small claims court shows involvement in illegal activity?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 12, 2018

Is it possible? Yes. While small claims court is not of record, any statements you make could be used against you depending on the facts. If you are concerned about the possible outcomes, you should hire a lawyer to prepare you for the hearing before hand.

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1 Answer | Asked in Contracts, Animal / Dog Law and Civil Litigation for Virginia on
Q: I signed a contract with a breeder stated she got a male bull terrier puppy from me in exchange for a American bully pup

She has a litter now and is hiding the information from me. What type of claim paperwork do I need to take her to court

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

I do not handleanimal law matters. You should contact an animal law attorney.

1 Answer | Asked in Civil Litigation for Virginia on
Q: my friends family dropped hay bails on all my antique furniture and belongings and i was given permission to leave it my

Stuff was mostly destroyed

F. Paul Maloof
F. Paul Maloof
answered on Jan 7, 2018

You can bring a claim against them for their negligence but before you file the lawsuit, you need to get your records of the values of the destroyed items or get an estimate for the replacenent value so you can prove the monetary damages before the judge. You will have the burden of proof to prove... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Virginia on
Q: Can statue of limitations apply for Code of Virginia § 18.2-250.1 - Possession of marijuana ?

The charge is 4 years old.

Beau  Correll
Beau Correll
answered on Jan 7, 2018

There is not enough information to answer the question.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I would like to sue social services the adoption agency I was adopted from and my adoptive parents

There was sexual abuse (admitted on recording) there was physical abuse (CPS involvement then ignored ) there was Psychological abuse (hospitalized for a week at 16) and now I live with PTSD and SevereAnxiety disorder ... I need someone to answer for a life of pain and rebuilding that I have... View More

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

I do not handle adoption or domestic relations cases. Sorry.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Parent allows adult child to live with them but wants them to leave and they won't. Is this legal?

Is the parent required to use the eviction process through the courts to remove the adult child from the residence? Does the adult child have any rights to the residence or have a legal right to remain after being asked/told to vacate the residence? What protects the parent from being forced to... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 5, 2018

I do not handle criminal cases. Sorry.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Virginia on
Q: Put down deposit on new car and opened a loan for the remaining balance. Loan doesn't exist according to bank (VA).

We purchased a used 2017 SUV for just under $18,000. We put a $4,000 deposit down and financed the roughly $14,000 remainder. We were pre-approved through Capital One's auto loan program. The dealership ran our pre-approval and finalized our loan. Our first payment is supposed to be due the... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 20, 2017

You need to go back to the auto dealer and find out what is the cause of the problem. You can also file a complaint against the dealer with the Virginia DMV.

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1 Answer | Asked in Personal Injury and Civil Litigation for Virginia on
Q: Can I sue my estranged wife’s boyfriend for emotional distress? I had to go twice to the hospital for distress & PTSD
Beau  Correll
Beau Correll
answered on Jan 7, 2018

Maybe. You need to discuss this case with an experienced personal injury lawyer.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: Tenant hasn't paid rent. I'm selling & filing a warrant. Can I add collection costs (filing fee + 200 mi trip to court

I have a tenant is is three months late on a utility overcharge (pursuant to lease clause) and 16 days late on rent. Lease has late rent fee provision of $50 after the 5th, and 15 days after utility notice, and $5 per day for any late fees after the 10th day. Two questions: Can I charge a separate... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 16, 2017

The terms if the written Lease will control. Your lease allows for the $50 late charges so you can claim them. If the lease gives you a right to claim the other expenses, you can claim them too, otherwise you cannot.

1 Answer | Asked in Divorce, Child Support and Civil Litigation for Virginia on
Q: Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?

From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....

If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 14, 2017

I do not handle divorce or child custody cases. Sorry.

1 Answer | Asked in Divorce, Civil Litigation and Personal Injury for Virginia on
Q: Can I sue my estranged wife’s boyfriend for emotional distress? I had to go twice to the hospital for distress & PTSD

She very suddenly left me to go live with him. I have Been diagnosed with complex PTSD

F. Paul Maloof
F. Paul Maloof
answered on Dec 13, 2017

I do not handle domestic relations cases or divorces. Sorry.

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Can I sue the police officier, police department, and county for arrest based on false information given to the judge

Police officer gave false information to the judge that officer knew was false to obtain arrest warrant.

F. Paul Maloof
F. Paul Maloof
answered on Dec 10, 2017

You can sue them for the allegations you made but the bigger problem is to prove the falsity.

1 Answer | Asked in Bankruptcy and Civil Litigation for Virginia on
Q: Warrant in debt issued against me. Homestead exemption waived: cannot be demanded is checked, what does that mean?
F. Paul Maloof
F. Paul Maloof
answered on Dec 1, 2017

It means that in the contract you signed you waived your right to claim a Homestead exemption, generally $5,000, under Virginia law.

2 Answers | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: My car was repossessed. My finance company will not allow me to pay the prior amount due to reinstate. How do I resolve?
F. Paul Maloof
F. Paul Maloof
answered on Nov 27, 2017

You have a right to sue the finance company for breach of your contract and violating your rights. You can also call the office of the Attorney General for Virginia and file a complaint.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Virginia on
Q: Does an homeowner have the right to hold your belongings with an agreement that has no signature??

It's an agreement he wrote out himself and changes things from time to time without notifying me about it.

F. Paul Maloof
F. Paul Maloof
answered on Nov 21, 2017

It depends on what are the terms and conditions of the agreement. If there is no signature, that would tend to show there was no meeting of the minds and as such, no binding agreement.

1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on
Q: Buyer changed mind, says pick it up.No paymt exc dep has been 1-2 months. Another member of hsehold decides to withhold

Buyer (23 yrs) pays $500 dep on truck price $2,500, agree to a pymt of $200 each payday-never paid-approx 2 months, young man calls says never really wanted vehicle (cant drive manual), but pressured by mom, so buyer can pick up. The mother has asked if she can sell vehicle because someone has... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 21, 2017

I do not handle criminal law cases. Sorry.

1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Q: If my car was improperly towed during repossession causing transmission issues is the tow company liable for damages?

My vehicle was running fine, I've only had it for 8 months. Within a week of getting it back my transmission fails. They towed it with the front wheels on the ground according to my owners manual this will mess up the transmission

F. Paul Maloof
F. Paul Maloof
answered on Nov 15, 2017

The liability of the tow truck company will depend on the testimony of the auto mechanic who repaired your vehicle. That person will have to testify before a judge that the damages to your vehicle were caused by the in correct way the tow truck driver towed your car.

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on
Q: Can a Judge prevent an indiv. with POA from exercising their right in a civil court case, by postponing the case?

I travel b/c of my job I gave my daughter POA to act in my best interest when away. While away a service company did work in my home & damage my hardwood floors. When I rtned for R&R I contacted the business to inform them. They refuse to do repairs b/c I contacted them months after the... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 14, 2017

The Judge took the correct course of action. You daughter cannot appear for you in a court of law unless she is a licensed attorney with the Virginia State Bar. The Power of Attorney gives your daughter the right to handle many actions for you in your place, but appearing in court as your... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: I got my gun rights back by order of state court, Firearm Transaction center still refuses to update record

I sent copy of Court order granting me my firearm rights to Transaction center but they refuse to update record

F. Paul Maloof
F. Paul Maloof
answered on Nov 8, 2017

You should complain to the Office of the Attorney General.

2 Answers | Asked in Civil Litigation, Small Claims, Collections and Consumer Law for Virginia on
Q: I received a warrant in debt for past medical bills. Can my husbands home , job or bank be garnished?

The debt is from 3/16 and we were just married in 6/17 he is the sole support and i am a full time student.

F. Paul Maloof
F. Paul Maloof
answered on Nov 3, 2017

When the court takes up the Warrant in Debt and if a judgment is entered against you, then after a ten day appeals period the judgment will become final and the Claimant (Plaintiff) can file a Garnishment Summons to attached wages and bank accounts. Generally, the Plaintiff will also take the... View More

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