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Virginia Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law, Small Claims, Civil Litigation and Landlord - Tenant for Virginia on
Q: How do I handle receiving a Warrant in Debt for damages from an previous apartment complex I lived with no contact?

I lived in an apartment for 8 years with another person and we moved out 12/30/2022. I gave them my forwarding address, phone number and email address to contact me. I received a Warrant in Debit at the forwarding address I gave them on 11/13/2024 that stated that I am indebted $908 + 6% interest... View More

0 Answers | Asked in Consumer Law for Virginia on
Q: I am fighting a warrant in debt lawsuit against me from a debt collector. I have drafted up a counter affidavit however

I am not sure Virginia district courts accept counter affidavits. I have been to the first hearing, where I told the judge I disputed the claims and we have a trial set up in a few months. Per § 16.1-88.01. it appears I can put in a counter claim any time before trial starts, yes? Is this the best... View More

0 Answers | Asked in Consumer Law and Business Law for Virginia on
Q: They are refusing to let me withdraw my money off their website what can i do

11/9/24, 12:07 PM - Your current account balance is $9456.81. The unfreezing fee you need to pay is $9456.81. After the risk control department unfreezes your account, the funds you can withdraw are $18913.62

11/9/24, 12:08 PM - 105238: Why

11/9/24, 12:08 PM - 105238: Can... View More

0 Answers | Asked in Consumer Law for Virginia on
Q: My bank lied and said they would not go through with getting a judgement if the loan was caught up to date but they got

Set up on ach payments each month which we did but found out year later they did get the judgement and was now garnishing wages yet the time of them getting judgement the amount owed on loan was considerably different because 654.00 payment was paid each month from the day they enter judgement

0 Answers | Asked in Car Accidents, Consumer Law and Civil Litigation for Virginia on
Q: I am a victim of gross negligence and property damage.

I took my vehicle to a state inspection Atuo Repair shop for a state inspection. I also requested that my tires be rotated. The shop called to inform me that my car failed inspection and they provided me with a list as to why. They said that they did do the tire rotation and charged me for it. I... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Do PNC Cashapp and PayPal have any liability for failing to identify fraudulent transactions on their platforms?

On September 3 we realized that our bank account had dropped in value by more than expected through our normal use of the account. Our research showed that more than $40,000 had been taken by unauthorized users (almost 50 based on our understanding of PNC account statements) over a period of... View More

David G. Parker
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answered on Oct 29, 2024

If you are the victim of theft or fraud you should report the situation to your local law enforcement agency. If they take no action, you can follow up by trying to meet with the local Commonwealth's Attorney's Office. As far as civil litigation goes, yes there is potential liability.... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
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answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Can I sue a company that keeps billing me after I pay them?

Called several times and faxed showing where I have paid them. They tell me it will be taken off. But then I get another bill

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Virginia attorney could advise best, but your question remains open for a week. Unless things get out of hand with aggressive collection efforts, it probably isn't worth your trouble and expenses to bring in an attorney to sue in such a situation. The usual first step could be a letter from... View More

1 Answer | Asked in Consumer Law, Criminal Law and Trademark for Virginia on
Q: Is it legal to resell fake products like airpods, but list them as fake, so the buyer knows the are not legit in VA?
James L. Arrasmith
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answered on Jul 18, 2024

Selling fake products, even if you clearly label them as fake, is illegal in Virginia. This practice violates both state and federal trademark laws. Trademark laws protect consumers from confusion and deception regarding the authenticity of products.

Additionally, selling counterfeit items...
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1 Answer | Asked in Consumer Law and Insurance Bad Faith for Virginia on
Q: A medical insurance claim was denied, can you help us with the appeal.

My mom suffered a stroke while visiting the US. We bought her a travel medical insurance before her travel dates, but the insurance claim was denied while she was in the hospital. We are trying to file an appeal against it as it falls under their clause "acute onset of preexisting... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A Virginia attorney probably advise best, but you posted last week, and time is of the essence in the matter you describe (the appeal). Don't lose time awaiting an offer of legal services on this forum - the format here is brief Q & A. It isn't set up like a referral service for... View More

4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 1, 2024

With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More

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1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a bracelet in 2020 for $9,000 I was told it was pure gold. It's only gold covered. What are my rights?

I bought a bracelet in 2020 for $9,000 I was told it was pure gold. However, the gold is beginning to discolor and I've come to learn that the bracelet is in fact gold covered and not pure gold. The pawn shop I bought it from has since changed owners twice but the store has kept the same name... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2024

A Virginia attorney could advise best, but your question remains open for a week. The Product Liability category is basically about injuries from dangerous products. Your situation appears to be closer to consumer rights. You could repost and add categories of "Consumer Law,"... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Consumer Law and Banking for Virginia on
Q: More than 6 months ago my 80 year old mother was extorted and withdrew $100,000 in cash from her bank.

My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local... View More

James L. Arrasmith
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answered on Jan 31, 2024

Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: are there any legal consequences for a company making an original price for a product to look like a discount?

In this instance lets say a company has a product out for $26.99 originally, and then fast forward a couple days later I see the same exact product but showing the original price as $29.99 and the original price ($26.99) listed as a discount. There was also a "upgraded" variation of this... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Virginia, and generally across the United States, deceptive pricing practices can potentially lead to legal consequences for a company. If a company intentionally misrepresents the original price of a product to make it appear as if customers are receiving a discount, it may be considered... View More

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