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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Business Law for Virginia on
Q: Is it against the law for a restaurant owner o tell you after you’ve bought food that you aren’t allowed to sit and eat

I was on my break and just wanted to eat my lunch that I’d just bought .the owner at the Chinese food place looked at me and stated “ no you can’t eat here because it cost more and it’s a different menu . My food was only $5.36. If feels wrong I was so humiliated.

T. Augustus Claus
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answered on Aug 22, 2023

In Virginia, restaurant owners generally have the discretion to establish policies regarding whether customers can consume food on the premises after purchase. While there is no specific law mandating such allowances, it's within the owner's right to enforce their rules for various... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Virginia on
Q: In Virginia can I sue a beauty school for negligently cutting my hair?
T. Augustus Claus
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answered on Aug 14, 2023

Yes, you may have the right to sue a beauty school in Virginia if they negligently cut your hair. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. If the beauty school's negligence led to improper hair cutting that caused damage or harm,... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: I recently I had a case in small court claims that was dismissed. Could I sue the person in civil court?
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2023

A Virginia attorney could advise best, but your question remains open for a week. It could depend on how it was dismissed by the court, and the grounds on which it was dismissed. For instance, if a case was dismissed for missing the statute of limitations, it would probably be game over in many... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: someone is claiming that I stole an old john deere that they gave to me. How can I protect myself?

My family and I helped a friend of mine clean out their barn before they moved. There was a john deere 5 wheel gator in one of the barns that didn't run and all the tires were flat. They told me I could have it and even helped me trailor it to my house. I've been working on it to fix it... View More

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. No one can stop anyone from suing. What would happen in such a lawsuit? It's difficult to say. It looks like it might be a matter of your word against the other person's. It could depend on available... View More

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: I just refinanced on a car with a dealership that deals with banking, I signed a contract and car won’t go in reverse

They denied my refund it hasn’t been a whole 24 hours, I no longer trust the dealership because they are hanging up in my ear, I live in norfolk Va, how can I get help with this, does this fall under the lemon law, not to mention I told them I was unable to get insured which was reason 2 I wanted... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have just purchased a car and it has a significant mechanical issue, such as the inability to go in reverse, you may be able to take action under Virginia's lemon law or other consumer protection laws. Under Virginia's lemon law, a car may be considered a "lemon" if it... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Virginia on
Q: Hello. Needed information as to how do I prepare for a "Summons to Party to a Joint Account?

This is in reference to joint account I have with my child's father. It was also mentioned that I was a non resident on form as my address is in MD. and his in VA. Funds was garnished from account for a debt he owed dating back to a timeshare he acquired almost 20 years that I have no ties to... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have received a "Summons to Party to a Joint Account," it means that a creditor or debt collector is trying to collect a debt from your joint account with your child's father. Here are some steps you can take to prepare:

Review the summons carefully: Make sure you...
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1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Virginia on
Q: I paid a contractor in Virginia half my deposit. Then he moved to Ohio to avoid paying me back. What can I do?

I have invoice and proof of paying with a cashier's check. He is trying to defraud more people and he blocked me on facebook when I told people he was a scam.

Steven Krieger
Steven Krieger
answered on Nov 3, 2022

If the project was in Virginia, you could sue him in Virginia, but you may need to register the judgment in Ohio (or where ever the contractor is living) to enforce the judgment. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: My brother dad wants to buy a house for my brother but has a civil judgement against him. Can house be taken

He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2022

You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Virginia on
Q: Can the other women sue for $10k she gave my husband during their affair?

No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?

Steven Krieger
Steven Krieger
answered on Jun 13, 2022

It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: I gifted my son $18,500 to him, only so that he and his girlfriend could buy a house since then she has kicked him out.

Can I get my money back, she said no I am not giving the money back.

Steven Krieger
Steven Krieger
answered on Apr 30, 2022

If it was a gift, then it will be more challenging. But if it there was an agreement that this money was to be used to purchase a house such that the money was a condition to the agreement, then you'd have a stronger case. I'm sure anyone who responds would be happy to help if you decide... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for Virginia on
Q: I was served at work by a sheriff for a warrant in debt by my land lord who put my work address down is that illegal

Is it illegal for him to do that at my place of employment without approval from the judge to do so

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

No. It is not illegal.

1 Answer | Asked in Personal Injury, Civil Litigation and Insurance Defense for Virginia on
Q: My son is the President of a Fraternity at if current University. Will Personal Liability insurance will cover him?

My son is the President of a Fraternity chapter at if current University and I'm concerned about covering him in case of an incident or accident. So with that said, will personal liability insurance will cover him?

Tim Akpinar
Tim Akpinar
answered on May 13, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. However, no attorney could really answer this question without seeing the terms of the policy. Your carrier could probably provide the most definitive guidance on this - they may be your best starting point. Good... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: How do I obtain payment for a default judgement if the company has changed its name or relocated?

There was a default judgement enter in 2013. The defendant did not pay. After doing some research I found that the business name does not exist. When I google the name another business name comes up but in a different location. How do I find out if the business changed it's name and relocated?

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

Check the business entity records of the state where it was formed. This would most

likely be the same public office from whom you obtained the registered agent and registered office information back when you got the original default judgment. Many of these records are available online...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: civil judgement against me for 700.in VA 16 years ago. paid cash . didnt get release . selling my house ,

guy wont acknowledge my phone calls or text ... what Do I do

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or...
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1 Answer | Asked in Civil Litigation for Virginia on
Q: Is litigation my next step?

Someone has owed me money since 2019. I've sent two demand letters via a lawyer. There was no reponse. Is litigation my next step?

Steven Krieger
Steven Krieger
answered on Oct 3, 2022

Yes, it is. If you decide to hire another firm to assist, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Do I need to hire a lawyer in the state of Virginia in order to send a demand letter? It’s a civil case.

I’m current in California, and the other party is in Virginia. I am trying to obtain my items that they do not want to return. I have pictures of them stating they have it and are not trying to return my items.

Steven Krieger
Steven Krieger
answered on Apr 30, 2022

You're not required to hire a lawyer, but the letter may be taken more seriously if you hire a lawyer. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: If a Lawyer does a terrible job, and I appeal and win, do I have to pay that lawyer full fees or can I arrange something

I really need to catch up on my debt since my vehicle motor accident, I had ruttermills at first and the judge awarded me, but only about 30% of the debt and fees. I filed an appeal and immediately as I did that Rutter Mills decline to represent me so I've been doing everything since then on... View More

Benjamin W.   Glass III
Benjamin W. Glass III
answered on Apr 5, 2022

It sounds like you had a personal injury case and hired a personal injury law firm that was probably charging you on a contingent fee basis. You won the case but were disappointed with the award. The award can be based on a number of issues, so its impossible to judge, from the award, whether the... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: short term 6 month lease was broken by tenant. deposit returned, had to pay broker fee to recruit new tenant. lawsuit

short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance

Richard Sternberg
Richard Sternberg
answered on Mar 29, 2022

Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... View More

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: Can I ask the insurance co to settle myself without a lawyer? Also do I have to fill out interrogatories with no lawyer?

I was struck by two people in a car accident at no fault of mine. But there were no credible Witnesses besides us. I was injured, and have medical debt and lost wages. not to mention scoliosis so my pain is pretty deep. No lawyers around here are brave enough I guess to take on a case with no... View More

Olga Pazilova
Olga Pazilova
answered on Mar 26, 2022

You can, but I would strongly advice you against it. The opposing party will take advantage of it and will either settle for a lot less than the case is actually worth or deny liability completely. Only experienced PI attorney can properly evaluate your case and make sure you're getting... View More

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