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Virginia Questions & Answers
0 Answers | Asked in Consumer Law, Agricultural Law and Civil Litigation for Virginia on
Q: What legal action can I take against a dealer for selling a defective vehicle under implied reliability?

I purchased a used truck "as is" from a dealer who implied it was in excellent condition. Shortly after, the truck experienced transmission issues. The dealer won't return my down payment or trade-in value, despite the lender reassigning the loan back to them after I returned the... View More

1 Answer | Asked in Consumer Law and Civil Rights for Virginia on
Q: Can fast food companies be held accountable for targeting children with ads without explaining health risks?

I grew up obese due to my family's lack of nutritional education and was heavily influenced by fast food advertisements targeted toward children, such as those promoting kid meals from 2010 to 2015. While I've lost weight, I'm now dealing with physical outcomes like stretch marks and... View More

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 Apr 2, 2025

You raise an important question about accountability for fast food marketing practices that target children without adequately disclosing health risks. From a legal perspective, pursuing claims against these companies faces significant hurdles, primarily because courts have historically been... View More

0 Answers | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Virginia on
Q: What to do if separated spouse refuses to pay tax plan

My husband and I previously filed taxes jointly and entered a payment plan with the IRS. We are now separated due to abuse, and I'm filing taxes separately. He has failed to pay his portion of our agreed tax payment plan. I've been unable to contact the IRS for guidance and have an audio... View More

0 Answers | Asked in Family Law, Public Benefits and Employment Law for Virginia on
Q: Need help with insurance compliance for minor due to ex withholding SSN and show cause notice.

I'm facing a legal issue where my ex-wife has failed to provide my son's Social Security number, preventing me from adding him to my insurance plan. I've attempted to communicate with her lawyer via email but have received no response, and I'm legally restricted from contacting... View More

0 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: Will we be covered to terminate our lease under the SCRA law if we are separating from the military?

the Joint federal travel regulations states a PCS includes “ separation from the military under honorable conditions”. In our lease it states “all parties must agree to comply with any federal law including but not limited to the Service Members Civil Relief Act, or any applicable state laws,... View More

0 Answers | Asked in Domestic Violence for Virginia on
Q: Can I get a restraining order against a parent for mental abuse?

I am in my early 30s and have been experiencing mental and verbal abuse from my parent for years. Despite going through therapy and attempting reconciliation, there has been no change in their behavior, and I have decided that enough is enough. I would like to know if it is possible to obtain a... View More

0 Answers | Asked in Banking and Consumer Law for Virginia on
Q: Locked out of checking and CD account by Truist Bank due to fraudulent check.

I have been blocked and locked out of my checking and CD account by Truist Bank in Danville, Virginia. I received a $10,000 check from a friend and deposited it into my checking account on Monday, but it was evidently considered fraudulent by the bank. As a result, my checking account, which has... View More

3 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Do they check previous tax forms for citizenship?

I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More

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0 Answers | Asked in Business Law, Contracts and Civil Litigation for Virginia on
Q: What legal actions can we take in Virginia against an ex-employee starting a competing business?

In 2011, my husband and I founded a company in New Hampshire. In 2015, my husband's longtime friend joined us as an employee. Our business has annual sales of $3 million and is valued between $1.5 million to $15 million, operating from Maine to Georgia. We decided to sell the company, offering... View More

3 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Virginia on
Q: Is it standard for insurance to require waivers for future claims in settlement offers?

I was involved in a rear-end collision while stopped at a traffic light. I visited the hospital two days later and was prescribed painkillers. The pain persisted, leading me to return to the hospital a month later. I've been in contact with the at-fault driver's insurance company. They... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2025

They generally present claimants with a release. What you describe as a disclosure appears to have the general effect of a release in precluding your rights to future claims or money. One would need to see the exact terms of your documents to advise meaningfully, but in general their purpose is to... View More

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0 Answers | Asked in Collections and Civil Litigation for Virginia on
Q: What is the statute of limitations on collecting credit card debt judgment in Virginia?

I recently became aware of a credit card debt judgment from September 29, 2019, when my bank account was garnished on January 14, 2025. I spoke to a collection representative today for the first time, and there is a court hearing scheduled for tomorrow. What is the statute of limitations on... View More

0 Answers | Asked in Identity Theft, Real Estate Law and Consumer Law for Virginia on
Q: How to dispute a lien from a fraudulent account on property?

I am 85 years old and have a lien on my property from 2009 due to a fraudulent account someone opened in my name. Although it has dropped off my credit report, it still appears on my property records, affecting my ability to sell the property. I haven't taken any steps to dispute the lien, but... View More

0 Answers | Asked in Civil Litigation and Criminal Law for Virginia on
Q: Looking for case law on using cell phones as evidence in a Virginia trial.

I am preparing a motion to present a cell phone as evidence during a trial in Virginia. I have included statutes from the 17th Circuit and the Virginia Supreme Court but would like to add relevant case law. Are there any case laws regarding the admissibility or use of electronic devices,... View More

1 Answer | Asked in Internet Law and Civil Litigation for Virginia on
Q: Concerned about default judgment in Virginia DMCA case without personal identification details.

I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More

3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 24, 2025

You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More

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0 Answers | Asked in Divorce for Virginia on
Q: Considering an online divorce service for a simple amicable divorce in Virginia with in-home separation. Are online services like divorcewriter.com or 3stepdivorce.com reliable?

I'm in the process of an amicable divorce in Virginia. My soon-to-be ex and I have a solid separation agreement with no complications, such as kids, property, or debt. The only issue is that we are doing an in-home separation. We are considering using an online service like divorcewriter.com... View More

0 Answers | Asked in Divorce for Virginia on
Q: Filing for divorce with an in-home separation agreement, no kids or property, in Virginia.

My wife and I have been doing an in-home separation for 5 months and we would like to file for divorce in about a month. We have no kids, property, or debt, and we fully agree on all points with a solid separation agreement outlining how we’ll proceed with the divorce. Is there anything extra... View More

0 Answers | Asked in Landlord - Tenant and Civil Litigation for Virginia on
Q: Managing unexpected parking pass reduction in apartment complex

I have been living in an apartment complex for 11 months, initially receiving three parking passes for our three cars. Recently, the management informed us via text that we are now limited to two parking passes, and if our third car isn't moved, it will be towed. This policy change was... View More

0 Answers | Asked in Divorce, Family Law and Contracts for Virginia on
Q: Signed separation agreement under pressure; seeking to reinstate previous support order due to financial struggles.

On December 20, 2024, I signed a separation agreement under pressure, as my attorney withdrew and I was served a rule to show cause for a violation. The agreement involved renegotiating a mortgage from $2,266.29 to $1,242.03 per month, which is now $1,700 due to included taxes. Previously, I was... View More

3 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Is it illegal search and seizure if evidence was found without a warrant or arrest?

While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2025

You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.

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