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Virginia Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested for larceny charges dropped do I get what police took back in west Virginia

It was dropped next day

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... Read more »

0 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Virginia on
Q: Will my wife be entitled to the home or equity if she sign a quitclaim deed in 2019 2 year before our divorce.

2018 my wife and I purchased a home in Virginia (VA Loan). 2019 we separated and I refinance the home with her approval. She signed a quitclaim deed notarize to remove herself from responsibility from the home (filed at the city clerk office). She also was not on the new refinance loan. I then... Read more »

0 Answers | Asked in Consumer Law for Virginia on
Q: i took my car to be repaired, i drove it there, the transmission is shot, and i cannot afford to fix it, so i need to

have it towed, they said its not put together and i have to pay to get it put together nothing is fixed on the car can they do that i just want my car back the way i gave it to them

2 Answers | Asked in DUI / DWI for Virginia on
Q: Would it be a 3rd DWI within 10yrs if one offense was 18yrs ago in 2004?

I was arrested for 3rd DWI within 5-10yrs in Virginia. My 2nd offense was in 2015 and my 1st was 2004 (18yrs ago). Would the charge still be 3rd DWI?

Stephen Patrick Pfeiffer
PREMIUM
Stephen Patrick Pfeiffer
answered on Aug 3, 2022

It should not be a felony if the first was back in 2004.

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0 Answers | Asked in Real Estate Law for Virginia on
Q: What rights to I have with regard to a neighbors house that has been abandoned?

My neighbor's house is abandoned. The property is overgrown and the house is falling in on itself. The family that owns it is in conflict with each other and no one answers emails or phone calls. The most immediate problem is a large oak tree that is overgrown with vines and has become... Read more »

0 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Virginia on
Q: Will my wife be entitled to the home or equity if she sign a quitclaim deed in 2019 2 year before our divorce.

2018 my wife and I purchased a home in Virginia (VA Loan). 2019 we separated and I refinance the home with her approval. She sign a quitclaim deed notarize to remove herself from responsibility from the home. She also was not on the new refinance loan. I then again refinance in 2021 for a better... Read more »

0 Answers | Asked in Civil Rights for Virginia on
Q: I co-signed on a vehicle (state of Virginia), my sister has started to default on the loan. What are my options?

Can I Repo the vehicle if I make the payments?

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia how does one stop a landlord from passing on normal ware and tare expenses?

The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... Read more »

Jennifer Alettia French
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Jennifer Alettia French
answered on Aug 1, 2022

It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term... Read more »

0 Answers | Asked in Estate Planning and Probate for Virginia on
Q: Are there any particular procedures to be followed when gifting items to an individual from an estate post-probate?

I am friend to the family of a deceased public figure. The family gifted me items that belonged to the deceased. Most specifically I want to know if the family needs to for any reason document the gifting (other than for any tax purposes) as having come from the estate.

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... Read more »

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... Read more »

0 Answers | Asked in Traffic Tickets and Constitutional Law for Virginia on
Q: Double jeopardy within traffic violations?

I received a traffic violation at the very end of May to fix my registration and to fix my MVI. The court date listed was for 08/22/2022 to handle the situation.

I arrived home to a cop that told me if I didn’t have insurance, he was towing my vehicle. This is the second time he has... Read more »

0 Answers | Asked in Consumer Law for Virginia on
Q: can I start a class action lawsuit on soulcycle bikes, without membership even the free use mode is unsalable

My wife purchase a soul cycle bike from someone, for months we had a membership which gave to access to their classes. The problem is one you stop paying you lose access to the free section as well which granted you access to your Netflix and free ride mode. Making the screen on the bike useless.... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: Can I fight a judgement from 2015 I knew nothing about? I was never served!

I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at... Read more »

0 Answers | Asked in Animal / Dog Law for Virginia on
Q: Is it legal in Virginia to leave dogs in house where no one lives and just stop by two times a day to feed them?

It's a small one room apartment above a garage

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Does funeral reimbursement from estate take precedence over other bills? Father's bank act is just enough to cover them

My father passed recently and we have the estate process going with my sister as executor. His bank account has enough to cover what we paid in funeral costs but there is 1 outstanding credit card debt so I was hoping funeral reimbursement superceded that.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jul 30, 2022

Section 64.2-528 of the Code of Virginia sets out the order in which debts are to be paid when assets in the personal representative's possession are not sufficient to pay all debts and demands. This is known as an insolvent estate. Funeral expenses are third priority, after costs and... Read more »

0 Answers | Asked in Uncategorized for Virginia on
Q: I am in the Navy and have to submit to random drug testing. Is it legal to be asked to drop clothing down to knees?

The observer made males stand at an angle at the urinal with their uniforms and underwear dropped to their knees, shirt had to also be lifted.

0 Answers | Asked in Landlord - Tenant for Virginia on
Q: state of Virginia as heir in tenants in common gift.Deed property filed Affidavit can a owners adult child legally tresp

against me just because he lives in the home and keep me off the property? My siblings and others allowed just not me not even to my dad grave he goes trespass

1 Answer | Asked in Child Support for Virginia on
Q: The judge ordered my boyfriend to pay 60,000.00 in back child support or 180 days in jail for show cause

He doesn't have that much money it was promised to be paid by a mutual friend

Miles Derek Franklin
Miles Derek Franklin
answered on Aug 3, 2022

Orders to pay child support are targeted specifically at the parent but depending on how your mutual friend promised to pay, there may be an enforceable contract to obtain the necessary funds. An enforceable contract would require that your friend agreed, in writing, to pay your boyfriend's... Read more »

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