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The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.
answered on Feb 3, 2022
You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.
I started an s corp with 2 other equal partners in Feb 2020. Myself and another partner bought the 3rd partners shares in March of 2021. The partner that was bought out was just sued by a vendor of his that he dealt with in his previous business. The person is alleging that my former business... View More
answered on Jan 12, 2022
Possibly. It sounds like the plaintiff is trying to allege some type of tortious business interference and conspiracy with your new business and your former business partner. This scenario where a person closes down a business to avoid debts and then opens a new business does occur. While your... View More
We found a horse on Facebook to purchase for our daughter. We live in NY the Seller is in Virginia. We gave a $2,000 non refundable deposit to hold the horse for 5 days to schedule a Pre Purchase Exam. Refundable in the event there were any new findings. The seller had provided us X-rays and a... View More
answered on Dec 19, 2021
I regret that I do not handle horse/animal law cases. Sorry.
We have 20 months of receipts.
answered on Nov 16, 2021
I think you need a lawyer to review the situation, but the law requires leases to be in writing. Sometimes, things that don't look like a lease, such as an exchange of written emails or even texts followed by written checks might be a writing. And, if no problem ever arises, then it... View More
In the section for father, my birth certificate merely states “deceased”. I do not have any other knowledge of his identity. Is there any other route or action I can take?
answered on Oct 26, 2021
This question sounds like a personnel matter. I do not handle personnel matters. Sorry.
Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... View More
answered on Oct 26, 2021
In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your... View More
I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... View More
answered on Oct 20, 2021
This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.
I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... View More
answered on Oct 20, 2021
Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.
Left me. So I want to take her to court for character defamation,malice and conspiracy. Do I have a strong case. She only emailed him once. I want to seek 1,000.000 for damages. Thank you.
answered on Oct 6, 2021
A lawsuit for defamation and libel/slander must be proven by clear and convincing evidence. You must also prove that you and your reputation were damaged. Damages will require an expert who is an economist or financial expert. The burden of proof is very strict. No attorney takes these cases on... View More
answered on Aug 26, 2021
The procedure in Circuit Court in Virginia is to file a Motion to Vacate/Set Aside the Default Judgment that was entered against you. You have the burden of proof to persuade the Judge that you were not living at the address at which the service of the process was allegedly made on the date the... View More
I have received no letter despite being informed they sent one. They called from four different numbers, but left the same message at my number, my wife’s, my mother in law, and my mother in the same day within minutes.
We did return the call but insisted we did not know of the debt. My... View More
answered on Aug 17, 2021
In Virginia, the Statute of Limitations for a written contract/agreement is 5 years. The Statute of Limitations for an unwritten/oral agreement is 3 years. The defense of a Statute of Limitations is an affirmative defense that must be asserted in opposition to the claim of the other party.
If a state with original jurisdiction in the judgment of a lawsuit has different laws for collecting judgment than the ancillary jurisdiction in a state in which the judgment was domesticated, then which state's laws apply for collection. For example, if someone's home is exempt property... View More
answered on Aug 13, 2021
During a post-judgment enforcement proceeding, the laws of the jurisdiction in which the enforcement is proceeding will apply to that proceeding. It would defy jurisprudence for the laws of a different jurisdiction to apply to the post-judgment enforcement.
If someone is a defendant in a civil suit that is in a different state than where they live in and they lose that suit, which state laws take precedence in terms of taking property to satisfy judgment? Would it be the laws of the state where the civil suit and judgment occurred, or would it be the... View More
answered on Aug 13, 2021
The state in which the original judgment was entered has original jurisdiction over the judgment and the parties for post-judgment enforcement actions. When an original judgment is domesticated under the Full Faith and Credit Clause of the US Constitution in another state in the US, that court has... View More
answered on Jul 16, 2021
Request for Admissions, Interrogatories and Request for Production of Documents.
Sold a car to a former coworker in January 2021. A written agreement was signed stating she would make monthly payments until paid in full, and if she did not pay we would be picking up the car. She has not paid in 4 months, and she will not tell me where the car is located so we can pick it up. So... View More
answered on Jul 7, 2021
Step 1: Send the debtor a written demand letter.
Step 2: File a lawsuit in the court in the jurisdiction in which the debtor resides.
Step 3: Go to court and seek a judgment for the outstanding debt.
We lease an apartment, our adult child listed as a dependent moved out for the first time and left books behind. Can those books be legally removed, donated, sold? Are we required to hold them for a particular period of time?
answered on Jul 1, 2021
Given the facts that you reported, it appears that the property of the person who moved out was abandoned. Property that is abandoned is no longer the property of the person who moved out and can be disposed of as you see fit.
There is an outdoor grill that looks like a large portable grill on wheels and it has wheels, but the grill is connected to a natural gas pipe that was extended from the back of the house. The grill uses natural gas from the pipe as fuel for normal operation. The grill has been in the same spot for... View More
answered on Jun 29, 2021
In Virginia, a fixture is attached (i.e., bolted) to the ground and becomes an intricate part of the land. A grill which is movable is personal property, notwithstanding that it is attached to a gas line, and is thus not a fixture.
My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... View More
answered on Jun 25, 2021
I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.
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