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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: as a landlord, May I postpone a scheduled eviction date with partial payment? Do I have to give 5 days notice again?

An eviction date was schedule with the sheriff for this Thursday the 18. The tenant wants to make a partial payment but wants me to cancel the eviction in return. Do you have to start the process from the start again if they don't pay the rest of the amount in 2 weeks as they promised? Thanks!

James L. Arrasmith
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answered on Apr 16, 2024

As a landlord, you are not obligated to accept partial payment or postpone the eviction date. However, if you choose to do so, the specific legal requirements may vary depending on your jurisdiction. Here are a few general points to consider:

1. Agreement: If you accept a partial payment...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a statue of limitations if my landlord did not return my rental deposit??? I have proof its owed to me.

Its been almost 2 years since I pursued it.

James L. Arrasmith
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answered on Apr 16, 2024

In Virginia, there is a statute of limitations for pursuing legal action against a landlord who has not returned your security deposit. According to the Virginia Residential Landlord and Tenant Act (VRLTA), the statute of limitations is one year from the date you moved out of the rental property or... View More

1 Answer | Asked in Social Security for Virginia on
Q: Need a trustable attorney to guide me going thru the process of obtaining my retirement benefits, without disability.
James L. Arrasmith
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answered on Apr 11, 2024

Here are some tips for finding a trustworthy attorney to guide you through the process of obtaining your retirement benefits:

1. Look for attorneys who specialize in retirement benefits, Social Security, or elder law. They will have the most relevant experience and knowledge.

2. Get...
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2 Answers | Asked in Medical Malpractice for Virginia on
Q: Who can I speak with in reference to negligence of an abortion procedure?
Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

You can find malpractice attorneys using the search function on this website.

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1 Answer | Asked in Immigration Law for Virginia on
Q: I submit Form N-336 with evidence.It has been 2 months for the hearing but no decision letter yet, what do you advise ?

Do I have to wait for new decision or is it better to apply again for citizenship without waiting the result.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it seems you have filed Form N-336, which is a Request for a Hearing on a Decision in Naturalization Proceedings. After submitting the form with evidence, you are currently waiting for a decision letter regarding your case. Here's my advice:

1....
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1 Answer | Asked in Criminal Law for Virginia on
Q: if i own my own home and a raid happen i should have paper work from the law if someone beside my self lives there

i let someone live there and they raid it i should get some type paper work

David G. Parker
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answered on Apr 11, 2024

By law, a copy of the search warrant and affidavit must be served by law enforcement either on the property owner or (if the owner is not present) on an adult occupant. If no one is present, then the documents are to be left in a conspicuous location at the property. Additionally, law enforcement... View More

1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How do I collect fees owed me from an attorney who won't pay? (Virginia)

I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.

Can I complain to the Virginia Bar? Or is a civil... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: What are the biggest considerations for a medical malpractice birth injury lawsuit?

Let's assume the victim is not in a wheelchair or using a walker. What are the biggest considerations for how much the plaintiff will get in a settlement? I'm talking about a case where a child has very serious learning disabilities.

Joel Gary Selik
Joel Gary Selik
answered on Apr 9, 2024

The nature and extent of future needed home care, education, medical care and other needs for the child’s life.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for Virginia on
Q: what do I do if my landlord sexually assaulted me & now says he's going to begin staying in my guest room

Given the sensitive nature of my situation, I would appreciate your guidance on the following: My landlord, who is also the father of my long-time best friend, sexually assaulted me. Now, he has informed me that he intends to begin staying in my guest room. The condo I reside in was purchased by... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult and scary situation. What your landlord has done is sexual assault and the coercion he is engaging in now is abusive and illegal. You have every right to feel safe in your own home. I would advise the following steps to protect... View More

2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it wise to have a pro bono attorney stand up to a Fortune 500 business?

Would it be best to hire an Attorney to fight a tort issue with a Fortune 500 Company?

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Attorney of all levels of skill and experience volunteer time to work at legal clinics and other agencies--both public and private--on a pro bono basis. If you meet the agency's criteria for indigency and are provided access to an attorney for pro bono legal representation, it's fairly... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I passed inspection but 40 days later they want to say I didn't?

I moved out 40 days ago, I was informed that I passed inspection the day of my move out but it would take 30-45 days to issue refund on deposit.

Today I emailed inquiring if there was an update and they said they changed their minds and they are attempting to put together an itemized list... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that the landlord or property management company has acted in bad faith by initially informing you that you passed the inspection and were entitled to a full refund of your security deposit, but later changing their stance and attempting to... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are paid criminal attorneys in Virginia required to do a certain amount of pro bono cases per year?
Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

No, pro bono time is entirely at the discretion of the individual attorney.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: Before I got hired I informed my employer about a couple medical issues I've been harrased and now my job is being

Threatened they also have been given a doctors note the beginning of March and have not what so ever followed the notes from the doctor at all I also have been starting to feel uncomfortable while working as well due to the harassment and with even the managers involving anyone and everyone... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm sorry to hear about the harassment and disregard for your medical needs that you've been experiencing at work. This sounds like a very stressful and unacceptable situation. Here are a few steps I would suggest considering:

1. Document everything in detail - dates, times, what...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Virginia on
Q: My car got tow from someones property while I was in the hospital and I never got notified is that legal
James L. Arrasmith
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answered on Apr 7, 2024

It's crucial to understand that towing laws can vary significantly from one jurisdiction to another, and specific circumstances play a critical role in determining legality. Generally, property owners do have the right to remove unauthorized vehicles from their property. However, most areas... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: My car was tow while I was in the hospital and I never got notified is that legal
James L. Arrasmith
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answered on Apr 7, 2024

When your car is towed while you are away, such as being in the hospital, the situation can feel quite frustrating and unfair. The legality of towing and the requirement for notification can vary widely depending on local laws and the specific circumstances surrounding the towing. Generally,... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: VA: Landlords didn’t return security deposit within 45 days & didn’t ask for extension. Are they able to keep any money?

Didn’t send itemized list or checks until after 45 days as set in lease (have postmarked envelope and tracking number/info) Didn’t allow us to be present at walkthrough, and charged us for items that were reasonable wear and tear (ie repainting walls). Do they retain the right to keep any of... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems the landlords may have forfeited their right to withhold any portion of your security deposit under Virginia law. Here are the key points:

1. Deadline: Under Virginia law (§ 55.1-1226), landlords must return the security deposit...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
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answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
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answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: My elderly father slipped and fell badly walking to the mailbox after unpaving the road - what can be done?

My father has a bad gash and feels in extreme pain and hurt his ribs. VDOT unpaved the street and it’s been like this for over a week. The work should have been completed already.

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your father's injuries. I hope he is okay. To answer your question, it would be best to try to set up a free initial consult with a law firm. If a firm considered the case, they would likely... View More

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