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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: If a car dealer sold a car with a warranty and didn't provide details or contract are they liable for non covered repair

The buyers guide has as is checked but also says Integrity Warranty Services 3month/3000 miles. The dealer told us at the time of purchase it is a powertrain warranty and "if it has gas, grease or fluids it's covered" They did not explain any details or limitations or provide a copy of the... Read more »

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

I regret that I do not handle car warranty matters. You should call the Virginia Attorney General's office, consumer division and make a formal complaint.

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Virginia on
Q: Is there a 10 year statute o limitations in Virginia on interest that was added to a child support case in 1994?

Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.

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

I regret that I do not handle domestic relations cases. Sorry.

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Why is commander in chief important, why should it be an important role of the president?
F. Paul Maloof
F. Paul Maloof answered on Jan 8, 2020

The U.S. Constitution provides for it.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hello, I know it is kinda random but I wanted to know if a school can be sued for not closing on a snowy day.

Say a kid is walking to school and slips and breaks a bone, or a car looses control and hits a kid or a bus full of kids?

F. Paul Maloof
F. Paul Maloof answered on Jan 7, 2020

I regret that I do not handle school closing matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: Do heirs have the right to contest the valuation of assests in an estate in Virginia?

Father died intestate in VA, heirs are wife and two children from previous marriage. Wife is personal representative of estate. Father had large collection of vintage musical instruments (personal property) and over the last 4 years they have been appraised and sold. Two children did not agree to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Perhaps they should request an accounting from the personal representative and if they question fair market value present it before the courts; however, I suggest they get a lawyer involved sooner rather than later.

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Virginia on
Q: Would reporting gross incompetence of a company to news outlets outlets be covered under whistleblower
F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle whistleblower matters. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for Virginia on
Q: Dbids afi 31-113 for base proceedures. Can a commander bar you from base based on a 27 years old conviction?

My dbids access card was recently flagged for something that happened 27 years ago in Salinas CA. Im honorable discharged Combat Veteran of 23 years. I work on base at fort eustis, VA.

F. Paul Maloof
F. Paul Maloof answered on Dec 27, 2019

I regret that I do not handle military base access card matters. Sorry.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Virginia on
Q: Can the Virginia Form DC-383 be filed without the respondent's name? Or how else can one stop a private nuisance?

I live in the State of Virginia. I believe that I am being harassed by a neighbor in a manner that I feel meets the definition of a private nuisance. I would like to file a court order to prevent this behavior. I know the origin of the disturbance but I am not sure if I know the individual's name.

F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2019

I regret that I do not handle criminal cases. Sorry.

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: My roommate forged my signature on our lease. Can I sue her even though we’ve been living there for five months?
F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2019

The claim of forgery to an written instrument is a serious charge that will require an hand writing expert to testify that the signature on the lease is not yours. You certainly, However, can sue your roommate for forging your signature on the lease. There is a different issue that you may have... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Only one plaintiff is listed on a lawsuit , but the lawsuit is on behalf of a family. Who would receive the settlement?

After the death of our Mother, My brother filed a lawsuit on behalf of our family. However, he is the only plaintiff on the case; however, the paper work filed by the lawyer has our names listed as children.

F. Paul Maloof
F. Paul Maloof answered on Dec 19, 2019

Generally, the Estate of a decedent is represented by the Executor of the Estate in a lawsuit. The facts of the case control how the lawsuit is styled and it may be that all the heirs must be named as claimants in your particular case.

1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: I need help filling out a garnishment summons & suggestion for summons in garnishment.

My housemate didn't pay her half of rent & utilities for 3 months, so I had to pay both my share and hers to the landlord. I got judgment for over $2500 from the court. But she finally moved out, and I don't know where she went. I know where she works, though. Can I use her work address on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 18, 2019

I handle the filing of Garnishment Summons for wage attachments and for bank account attachments. I charge by the hour. If you want to retain my services, please give me a call so I can send you an Engagement Agreement for your signature before I begin the work. Thank you.

1 Answer | Asked in Civil Litigation for Virginia on
Q: In the state of Virginia what are the laws about restrooms and boarding for overnight trips for transgender students?

My friend is transgender, male to female, and is having trouble with our school. She is unable to use the female bathroom even though she identifies as female and she is not allowed to room with other females on overnight field trips. She gave the idea of making the parents of students who want to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 17, 2019

I regret that I do not practice in the area of restrooms and boarding for overnight trips for transgender people. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: if a family member has been living with you for 5 yrs or more, and does chores for room and board, and paid a couple cab

cable bills with no lease are they considered a tenant of sufference?

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2019

The person in question seems to be more like a guest than a tenant.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord increase rent during a VA residential lease? In lease contract line 13 reads landlord can during anytime

In the event landlord can raise rent, how much notice is needed? Said differently, can the increase be effective immediately i.e. at next due payment?

In the event the tenants don't agree can the landlord evict tenants before the end of the lease?

Of note, this is a six month VA... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 15, 2019

In consideration of a lease with a 6 month term, at the end of the 6 months, the lease becomes a month-to-month lease by operation of law unless it is renewed in a new written document. During the term of the 6 months, it is a binding contract for which the rent cannot be increased unilaterally but... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: We just purchased a house under a Virginia Real Estate contract.

All parties agreed on price and signed. Can the seller back out because the appraisal came in higher than expected?

F. Paul Maloof
F. Paul Maloof answered on Oct 28, 2019

There are certain contingencies in a NVAR form real estate contract, revised as of July 2019, if that is what was used. There may or may not be an escape clause in the real estate contract you signed. The best way to know if to hire an attorney who can review the contract and give you a formal... Read more »

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1 Answer | Asked in Civil Litigation for Virginia on
Q: In Virginia, can you sue an ex-partner for transmitting you genital herpes? Tort suit?
F. Paul Maloof
F. Paul Maloof answered on Oct 24, 2019

Your question involves a personal injury legal issue. I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She chased it... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

Q: My previous jobs payroll company released my medical status with amount my consent. The code this 24-12-21.

I have documentation of the occurrence and now I am unemployed now do to the information being released.

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

I do not handle employment payroll matters. Sorry.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

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1 Answer | Asked in Civil Litigation for Virginia on
Q: 2015 civil trial, 3 parties subpoenaed 3 X by opposing side for Depositions & documents they failed to turn over. I need

Turns out I need documents more than anyone . Council for opposing side said she believed they were in her control , ability to produce them and that she had the ability to compel the answers , and would be contacting the lawyer who advised her . Never happened . Can I legally obtain the documents... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 24, 2019

If the trial took place in 2015, it is most likely that the judgment is now final and no further discovery would be permitted. You may want to seek a formal opinion from an attorney who can review the entire case and the issues of the case and render a formal written opinion to you.

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