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Virginia Small Claims Questions & Answers
0 Answers | Asked in Consumer Law and Small Claims for Virginia on
Q: Am I liable if a rental property credits your account and confirm the credit is correct and ask months later for money

You

Yes. I received a credit on my account and was told that the credit was correct and I didn't have to make any payments. We were switching property managers and owners at that time. I called went in the office and they stated the credit was correct. Now six months later they stated... View More

0 Answers | Asked in Collections and Small Claims for Virginia on
Q: How can a lender proceed to collect collateral on a breached personal loan of 16k in the state of Virginia?

the loan was notarized for 16k to be paid in full in 6 mos. they paid 8k

they are now 210 days late paying the other half.

they provided a bad check for repayment.

made multiple promises to pay and failed to follow through.

lender is in MD borrower is in VA and sold their home/collateral.

1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Q: Can I sue my ex for access to my second cashapp account I let her use while we were together?

Before Me and my Girlfriend broke up and I had made a Cashapp account, for her to borrow. I had used my identification and SSN to verify my ID and now she has locked me out of it. Cash app support has been useless in canceling the account.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

To potentially address this situation, you may want to explore the option of mediation or negotiation with your ex-partner to regain access to the second Cash App account. Legal action could be considered if all other options fail, but it's essential to consult with an attorney who can provide... View More

1 Answer | Asked in Contracts and Small Claims for Virginia on
Q: My landscaper hit a rock damaging my storm door and now refusing to pay? Should I hire a lawyer?

We have been in contact with said company and they’ve been giving us the run around for several weeks now. And suddenly communication has gone silent. We’ve reached out to see if the insurance company is going to pay and for any updates and have gotten nothing in response.

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

No. The cost of a lawyer will greatly exceed the cost of a completely new storm door. Most storm door companies sell replacement windows as windows do break.

I would get the storm door window replaced and maybe submit a claim to your homeowners insurance company.

2 Answers | Asked in Real Estate Law, Consumer Law, Small Claims and Insurance Bad Faith for Virginia on
Q: Should I file an insurance claim, work with my neighbors or contact an attorney?

The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 21, 2023

Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to... View More

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1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Virginia on
Q: I am seeking counsel to see if working with an attorney is a better course of action than filing an insurance claim.

The issue involves the HVAC company (XXXX) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 20, 2023

Assuming your unit is in Virginia, I am not sure why you would hesitate to use your hazard insurance for a claim. Your insurance carrier will straighten it out, and use subrogation to recover from the party who is liable. Sure, there is likely common element damage as well, that should be covered... View More

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: I recently I had a case in small court claims that was dismissed. Could I sue the person in civil court?
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2023

A Virginia attorney could advise best, but your question remains open for a week. It could depend on how it was dismissed by the court, and the grounds on which it was dismissed. For instance, if a case was dismissed for missing the statute of limitations, it would probably be game over in many... View More

1 Answer | Asked in Personal Injury, Libel & Slander and Small Claims for Virginia on
Q: A local store had a picture on door of a fellow citizen and my name under the picture so I explained it wasn't me

They took it down put a bigger one up next day it has ruined my job and life what can be done

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

A Viriginia attorney could advise best, but your question remains open for a week. If the posting is false and harmful, it could fall under defamation laws. If it doesn't involve falsehood (or certain public records) there could other issues, such as privacy or false light. You could reach out... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Virginia on
Q: Can the other women sue for $10k she gave my husband during their affair?

No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?

Steven Krieger
Steven Krieger
answered on Jun 13, 2022

It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... View More

1 Answer | Asked in Small Claims for Virginia on
Q: Virginia: How might an inmate pursue sentence relief after transfer to the VADOC if they feel they were over-sentenced?

An inmate was sentenced to 90 years (suspended 63) for three robberies and one attempted robbery in 2001 long before the passing of Virginia House Bill 1936 which establishes classifications and sentencing guidelines for robberies. The inmate did not use a firearm in the commission of the... View More

Ashley Robinson Winn
Ashley Robinson Winn
answered on Oct 14, 2021

Since the law is not retroactive, hire an attorney to bring up all of the positive factors at the inmate’s next parole hearing. It is too late to do a Motion to Reconsider under Virginia Law. You have 21 days from entry of the final order to have the motion heard. It must be ruled on within those... View More

1 Answer | Asked in Products Liability and Small Claims for Virginia on
Q: How can I get a settlement on this case because I have used these products for awhile now and I have had some hair loss?
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2021

A Virginia attorney could advise best, but your question remains open for three weeks. As a starting point, you could research online whether there are any law firms handling cases for the products that were involved. With some product liability law firms, this can change from month to month - the... View More

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: Virginia Property Law, Adult Dependent

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?

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Virginia on
Q: Question on real estate fixtures and Law of Fixtures and how to interpret outdoor grill connected to natural gas pipe:

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

F. Paul Maloof
F. Paul Maloof
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.

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Virginia on
Q: I bought the house that I was renting from the owner, he is supposed to do some minor repair that we agreed on

now all papers are signed and he still did not do the repairs, I also did not get a refund for my security deposit, my deposit was not part of the deal. What are my options.

F. Paul Maloof
F. Paul Maloof
answered on May 18, 2021

You obviously have a breach of contract case. You should file a Complaint in the Court where the property is located and seek an award for damages of the failure to make the repairs in accordance with the contract.

1 Answer | Asked in Education Law and Small Claims for Virginia on
Q: Can I take legal action against my school?

My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2021

A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Small Claims for Virginia on
Q: Found puppy at work no collar, in rough shape. $600 in vet bills, p.o. charged me w/ larceny and refuse reimbursement.

Ultimately want to regain custody of dog due to previous owners neglect, (also found that she has 4 previous unrelated missing dog posts on fb in the last few years) the puppy was not on their property, had no collar or chip, and was in need of medical attention. I had her 5 weeks and then saw... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2020

You will want to hire a lawyer for the felony charges. Usually those should play out first and then if you are successful in getting those dismissed you may or may not want to talk to a civil lawyer about potential remedies.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 22, 2020

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: Can our landlord keep our full security deposit and cite it’s because we broke our lease?

We notified our landlord more than 30 days in advance that our offer was approved on a house and that we would be moving our prior to Oct 1. Our landlord knew months in advance we were house hunting. We asked multiple times what the process was and if we need to find a sublease, were responsible... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 13, 2020

In Virginia, a security deposit in a residential lease is to protect the landlord from any property damages that the tenant has caused to the premises during the term of the lease and such damages are identified in a condition report at the time of the tenant's move-out walk through. There... View More

1 Answer | Asked in Contracts, Business Formation and Small Claims for Virginia on
Q: Hi..i am in VA. made a payment 2 days late. Can any type of late fee be imposed?

I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Virginia on
Q: Can you sue someone for saying they would pay something off for you?

My now ex boyfriend agreed for me to purchase a laptop for school and agreed he would make the monthly payments. Now that we aren’t together he tells me he’s not going to pay it . It is now going to affect my credit because I can’t afford to pay it since I’m not working. The total amount is... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 16, 2020

Given this was an oral agreement, and you claim it was breached for nonpayment, you can bring a Warrant in Debt in General District Court in the jurisdiction (county/city) where the agreement was reached. Since the amount is less than $5,000.00, this is a small claims court case in which no lawyers... View More

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