Lawyers, Answer Questions  & Get Points Log In
Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Virginia on
Q: Someone pretended to be a state official and obtain my information for another individual. Is that legal?
F. Paul Maloof
F. Paul Maloof answered on Sep 3, 2021

You should report it to the police/FBI.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: How to vacate a judgement in circuit court in Virginia as I was not served
Steven Krieger
Steven Krieger answered on Aug 25, 2021

You'd need to tile a motion to vacate for lack of service and explain why the alleged service was insufficient. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

View More Answers

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: Can I be sued for a debt that is over 13 years old? I have no record of the account, nor does the original issuer.

I have received no letter despite being informed they sent one. They called from four different numbers, but left the same message at my number, my wife’s, my mother in law, and my mother in the same day within minutes.

We did return the call but insisted we did not know of the debt. My... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 17, 2021

In Virginia, the Statute of Limitations for a written contract/agreement is 5 years. The Statute of Limitations for an unwritten/oral agreement is 3 years. The defense of a Statute of Limitations is an affirmative defense that must be asserted in opposition to the claim of the other party.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Ancillary Jurisdiction versus Original Jurisdiction and Post-judgment enforcement?

If a state with original jurisdiction in the judgment of a lawsuit has different laws for collecting judgment than the ancillary jurisdiction in a state in which the judgment was domesticated, then which state's laws apply for collection. For example, if someone's home is exempt property... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 13, 2021

During a post-judgment enforcement proceeding, the laws of the jurisdiction in which the enforcement is proceeding will apply to that proceeding. It would defy jurisprudence for the laws of a different jurisdiction to apply to the post-judgment enforcement.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Which states laws apply after a civil suit judgment has been domesticated for satisfying judgment?

If someone is a defendant in a civil suit that is in a different state than where they live in and they lose that suit, which state laws take precedence in terms of taking property to satisfy judgment? Would it be the laws of the state where the civil suit and judgment occurred, or would it be the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 13, 2021

The state in which the original judgment was entered has original jurisdiction over the judgment and the parties for post-judgment enforcement actions. When an original judgment is domesticated under the Full Faith and Credit Clause of the US Constitution in another state in the US, that court has... Read more »

2 Answers | Asked in Business Formation, Civil Litigation, Employment Law and Estate Planning for Virginia on
Q: What are the different ways an attorney finds out information about a case through discovery?
F. Paul Maloof
F. Paul Maloof answered on Jul 16, 2021

Request for Admissions, Interrogatories and Request for Production of Documents.

View More Answers

2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What steps should I take involving a leased car that has not been paid for, and purchaser is keeping car from me?

Sold a car to a former coworker in January 2021. A written agreement was signed stating she would make monthly payments until paid in full, and if she did not pay we would be picking up the car. She has not paid in 4 months, and she will not tell me where the car is located so we can pick it up. So... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 7, 2021

Step 1: Send the debtor a written demand letter.

Step 2: File a lawsuit in the court in the jurisdiction in which the debtor resides.

Step 3: Go to court and seek a judgment for the outstanding debt.

View More Answers

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... Read 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 Estate Planning, Civil Litigation, Elder Law and Probate for Virginia on
Q: Can a trustee legally represent a beneficiary in court and be her attorney? From any false accusations from her sibling

My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 25, 2021

I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I brought a used car 4 days ago the dealer has a no down payment back policy but my suv was showing transmission fail

What can I do to get my money back the engine

F. Paul Maloof
F. Paul Maloof answered on Jun 22, 2021

Your question is not clear from what you stated but if you are claiming that there is a consumer law issue, you should contact the Office of the Attorney General of Virginia, Consumer Law Department in Richmond, VA and make a formal Complaint. They may take your case and prosecute your Complaint.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

2 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: Would I be eligible to countersue for falsification of signatures on the purchase of a house

I bought a house with my partner (we are not married). She and I ended up separating.

I found out that she falsified signatures in the purchase of our house in 2018. Furthermore, in 2017 she left the property and did not pay any of the mortgages. Since that period I've made... Read more »

Richard Sternberg
Richard Sternberg answered on Jun 3, 2021

You probably needed a lawyer when you made the agreement, and you certainly needed a lawyer when your partner in the house and you ended your social partnership. You also need a lawyer to interpret the agreement in light of the facts and the contributions of the parties. That consultation will be... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Virginia on
Q: How long do I store my wife's items in my home before I can remove them? Left 16 months ago. Divorce not final yet.

I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 28, 2021

I regret that I do not handle domestic relations and/or divorce law matters. Sorry.

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Virginia on
Q: If I have a claim as explained below, would you be interested in assisting me?

On March 19, 2021, during my incarceration, a civilian doctor refused to give me a CT-Scan and a Myelogram because I had refused to submit to a COVID-19 test administered by his nurse due to my having previously experienced severe nasal pain and nose bleeds caused by previous tests for COVID-19.... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 21, 2021

I regret that I do not handle medical malpractice matters or criminal law matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can a person sue me for a completed job that my husband was paid in full for. He passed away on December 14,2020.

Now 5 months later she is suing me,his wife, for the money. The amount of$200.

F. Paul Maloof
F. Paul Maloof answered on May 19, 2021

If you have a paid receipt for the work that was performed, you have a defense of payment. It should be a straight forward defense.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 17, 2021

I regret that I do not handle employment law matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can we claim damages from company that maintains our website?

I have been running a driving school called Eagle Driving School for the past 14 years. My website was www(dot)eagledrivingschool(dot)net and had been maintained by the same company for the past 14 years. I regularly pay a fee for maintenance of the website. My students used to register for classes... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 16, 2021

I regret that I do not handle internet or website negligence matters. Sorry.

2 Answers | Asked in Criminal Law, Civil Litigation and Probate for Virginia on
Q: Is it unusual for a judge to do searches on the internet of the Plaintiff and defendant in cases they hear?
F. Paul Maloof
F. Paul Maloof answered on May 10, 2021

I do not handle criminal law matters. Sorry.

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on
Q: SHOULD I STAY OR SHOULD I GO??

Disabled, w/out an Advocate or ATTY; Fearful of making wrong decision

45 yro, No Evictions, Owned Homes, Gainfully Employed, until:

Displaced by COVID after 4 yrs of caring for a parent, all savings expended.

Moved to Richmond; No SSDI, Unemp, absolutely zero aid or... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

Based on your financial condition, you should call Northern Virginia Legal Services on Monday for assistance. They are pro bono attorneys and may be able to help you with your current situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.