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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Virginia on
Q: Can my s corp/llc be sued bc a former biz partner owes money from previous business? My business is named in the suit

I started an s corp with 2 other equal partners in Feb 2020. Myself and another partner bought the 3rd partners shares in March of 2021. The partner that was bought out was just sued by a vendor of his that he dealt with in his previous business. The person is alleging that my former business... Read more »

Steven Krieger
Steven Krieger answered on Jan 12, 2022

Possibly. It sounds like the plaintiff is trying to allege some type of tortious business interference and conspiracy with your new business and your former business partner. This scenario where a person closes down a business to avoid debts and then opens a new business does occur. While your... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Virginia on
Q: Non refundable deposit on a horse

We found a horse on Facebook to purchase for our daughter. We live in NY the Seller is in Virginia. We gave a $2,000 non refundable deposit to hold the horse for 5 days to schedule a Pre Purchase Exam. Refundable in the event there were any new findings. The seller had provided us X-rays and a... Read more »

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

I regret that I do not handle horse/animal law cases. Sorry.

1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: This man rented a home to me without lease, doesn't even have a license to rent, Plus Deed not in his name.

We have 20 months of receipts.

Richard Sternberg
Richard Sternberg answered on Nov 16, 2021

I think you need a lawyer to review the situation, but the law requires leases to be in writing. Sometimes, things that don't look like a lease, such as an exchange of written emails or even texts followed by written checks might be a writing. And, if no problem ever arises, then it... Read more »

2 Answers | Asked in Civil Litigation for Virginia on
Q: I recently applied for a name change and was denied due to the fact that my birth certificate only identifies my mother.

In the section for father, my birth certificate merely states “deceased”. I do not have any other knowledge of his identity. Is there any other route or action I can take?

F. Paul Maloof
F. Paul Maloof answered on Oct 27, 2021

I regret that I do not handle name change matters. Sorry.

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1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: My kids Grandmother passed away and my kids should get money what can I do uncle won’t give them any?

Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your... Read more »

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1 Answer | Asked in Employment Law and Civil Litigation for Virginia on
Q: Can my boss make me pay for damages to a company vehicle, that were caused at work?

I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hello, My girlfriend send an email to my boyfriend of 4 months and said horrible things about me. Needless to say he

Left me. So I want to take her to court for character defamation,malice and conspiracy. Do I have a strong case. She only emailed him once. I want to seek 1,000.000 for damages. Thank you.

F. Paul Maloof
F. Paul Maloof answered on Oct 6, 2021

A lawsuit for defamation and libel/slander must be proven by clear and convincing evidence. You must also prove that you and your reputation were damaged. Damages will require an expert who is an economist or financial expert. The burden of proof is very strict. No attorney takes these cases on... Read more »

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.

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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
F. Paul Maloof
F. Paul Maloof answered on Aug 26, 2021

The procedure in Circuit Court in Virginia is to file a Motion to Vacate/Set Aside the Default Judgment that was entered against you. You have the burden of proof to persuade the Judge that you were not living at the address at which the service of the process was allegedly made on the date the... Read more »

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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.

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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.

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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.

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