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Virginia Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on
Q: can a funeral director hold your loved one hostage for payment when you are paying on it

the funeral home is holding remains hostage until its paid but they did not tell us he would not be creamated until it was paid and its been almost 2 months

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

Sounds like a violation of law. Contact a member of the Va. Trial Lawyers Assn as there may be a claim for "misuse of a corpse."

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1 Answer | Asked in Civil Rights, Bankruptcy and Consumer Law for Virginia on
Q: I allowed this couple to take over payments for my car I cannot afford, but they are not making payments

I am going thru financial issues where I cannot afford my car payments anymore. I am upside down in my loan. To avoid repossession I unwisely allowed this couple to take over my payments in Dec 2017. They did not make the payment in Dec 27 2017 and now its Jan and when I contact them they give me... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 20, 2018

Your first stop should be your local Legal Services. They can offer you legal help if you are unable to afford a lawyer. Schedule a time to speak with them.

1 Answer | Asked in Consumer Law for Virginia on
Q: Is there a limit on how much a creditor can set on a monthly payment plan to pay a an old debt?

My car insurance didn't cover the total debt from an accident. I owe an attorney $3K plus, they have suspended my drivers license until I pay them in full or $1K to set up a payment plan. Went to court to get a restricted driver's license to drive to work. The judge dismissed because I... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 16, 2018

To answer your main question; No. There are limits to garnishment proceedings, but not payment plans. If you are having difficulty paying, consult with a consumer protection lawyer to determine your rights.

1 Answer | Asked in Consumer Law and Medical Malpractice for Virginia on
Q: Can they do this?

I recently received a letter from my chiropractic group telling me that my particular doctor was no longer with the group. It also informed me that they had reviewed my records and were “discharging me from the practice”. I would no longer be able to see any of their doctors, effectively... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

Maybe find out what the problem is so that if it's a way you present you can avoid problems in the future. A physician can chose who they will see. There are many other chiropractors out there, many of them good. Try another.

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 Consumer Law, Bankruptcy and Collections for Virginia on
Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

There is a garnishment that could take place and they could possible take the max 25% which would prevent me from taking care of my children and myself.....i was reading about head of household exemptions and did not know if VA recognized this and if so what would the qualifications be for this.

Robert R Weed
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Robert R Weed
answered on Dec 20, 2017

You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge....
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1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on
Q: someone falsely accused me harassment and filed a protective order against me, the case was dismissed, can she appeal?

This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do

Wilfred Yeargan
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answered on Dec 16, 2017

If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My mom was served for 12000 credit card debt to BOA, papers sent to bro's house, we do not live there. How to proceed?

The court date is a couple weeks away, just found out. I am POA and full-time caregiver for mom (she has dementia), we live in her house, she gets SS and small pension, no assets other than house. Could offer 3k lump sum to settle, but is that the right move? Do I even need to worry about her... View More

Robert R Weed
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Robert R Weed
answered on Dec 7, 2017

Well, they can attach a lien to the house. This is important enough to talk to a Consumer lawyer. National Association of Consumer Advocates is one place to look.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Am I liable to pay back accounting error?

I purchased a car for a reputable car dealership. When purchasing my car, they agreed to pay of my existing car loan in the amount of $2480. That was the amount I signed and agreed to on all of my paperwork. I got a letter in the mail today saying that they sent the bank a check for $2840 in error... View More

Robert R Weed
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Robert R Weed
answered on Dec 4, 2017

There should be a refund of $360 form the bank, since they were over paid. If and when that $360 comes back to you, I think you'd owe it to the dealership.

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Q: A home is going to auction at the courthouse steps and it has two mortgages after it sold, is the buyer going to be

Held responsible to pay off the second mortgage

Robert R Weed
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Robert R Weed
answered on Nov 30, 2017

In Virginia, no, the (former) homeowner is responsible. Assuming its being auctioned by the first mortgage holder.

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 Business Law, Consumer Law and Small Claims for Virginia on
Q: I am dealing with a company that I believe is/was false advertising. If I explain more could anyone help?

The company had lots of Black Friday incentives to earn prizes or codes that the company advertised as being able to be used on the promotions that would be offered during Black Friday. I have a screenshot of me winning the game that was titled The Black Friday Dragon Slayer and a printed coupon... View More

Robert R Weed
PREMIUM
Robert R Weed
answered on Nov 26, 2017

The Virginia Consumer Protection law is a false advertising law. It gives you the right to triple your money back PLUS legal fees. You can read more about that law, here. https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act/.

One place to look for lawyers who...
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2 Answers | Asked in Banking, Business Law, Consumer Law and International Law for Virginia on
Q: Is a "bank guarantee" necessary to sell a bar of gold in Ghana?

A lady wants to sell a bar of gold in country of Ghana.She is informed she needs a "bank guarantee" to sell them.She says she has to pay $4000 dollars to gain access to buyers of the gold. Is this valid or not?

Richard Sternberg
Richard Sternberg
answered on Nov 20, 2017

She would be wise to consult a lawyer in Ghana before proceedings. May countries have at many times in history restricted the sale of gold, both to currency security and for fraud prevention. It is not at all unimaginable that Ghana retains such a legal structure. She might prefer to sell the gold... View More

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2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I dispute late fees charged by the leaser?

I rent an apartment in Virginia and my lease requires I pay my rent by the 3rd of the month. I was squeaking by paying on the 5th, but now that my company has pushed our paychecks back to the 7th, I'm getting charged $250 extra each month for late fees. Can I dispute these charges?

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

I think you cannot dispute the late fees that you agreed to in writing when you signed the lease. Perhaps you can ask the landlord to modify the lease so that you can pay your rent as soon as you get paid. The agreement to modify the lease must be in writing.

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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.

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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1 Answer | Asked in Consumer Law, Estate Planning, Family Law and Banking for Virginia on
Q: Question about a Will of a Deceased person and who the money goes to?

If the Will of a deceased person states that his wife gets everything, can the wife take the will to the bank and ask banker to give all the deceased persons money from his sole owner account?

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 26, 2017

She can ask, but no bank that I know of would allow such a procedure for anything other than a VERY small account (or one that has a beneficiary named). Probate of some sort is usually necessary in such circumstances.

Consult with a local probate attorney as there are often...
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1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Q: Is it ok for listing agent to change the finished area sqft after buyer submitted purchase offer and not telling buyer?

We submitted our purchase offer in September, and has been negotiating with the listing agent for the terms and price. After 7 days submitted the offer, the list agent changed the total finished area from 59xx sqft to 53xx sqft on Matrix MRIS website, and didn't tell the buyer this change.... View More

Richard Sternberg
Richard Sternberg
answered on Oct 8, 2017

Sounds like a decent claim for consumer fraud including punitive damages and attorney fees. But, you need to deal with it before you go to closing.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Virginia on
Q: Rec'd a warrant in debt. Paid the debt in full 35 days b4 court. Now told to pay court costs? Prince William County VA

The plaintiff told me if I paid in full 30 days prior to court I would resolve & not have to appear. I paid that day 35 days b4 court. Now the plaintiff notified me I owe court costs. The case was continued and no judgment. Status online says case pending/continued judgment amount is blank... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 31, 2017

What you were told by the Plaintiff or the Plaintiff's lawyer and what you actually did to make the payment is your defense. It is a binding oral agreement. If the Plaintiff's lawyer is trying to squeeze the court costs out of you, he is not very professional. You should object to the demands.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My wife, recently passed away leaving old debt from medical bills. She had been making small payments monthly for yrs.

The debts are related to the period prior to her 65th birthday, when she became covered by Medicare The amounts collectively total in excess of $20K. My question is: As her widower am I responsible for the debt? I'm a disabled veteran age 73, at death my wife was 71. I couldn't possibly... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 30, 2017

If your name is not on those debts you are not responsible for them. However, any money she left behind solely for you would be required to pay off those debts.

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