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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... Read more »

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

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

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

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: How to find an attorney to represent me in a civil case (housing related, I was discriminated as a handicap owner)?

I was a new handicap homeowner in an association in Fairfax County VA. The association began discriminating against me when forced me to disclose that I was a handicap person and for a variety of unlawful reasons denied giving me parking permit so I could not park my car in the subdivision and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 5, 2020

To find a local attorney for your case, you should call the local Bar Association on the city/county in which you reside. Ask for the lawyer referral service.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Virginia on
Q: I move out of my unit on 10/18 and my lease ends on 10/31. Do I have to allow access to paint the unit before 10/31?

The owner would not prorate my rent and said it's mine until 10/31. So I said that's fine then I won't return the keys until 10/31, but the owner also wants to paint the unit before 10/31. I know I have to allow the access for showings and maintenance, but do I have to allow painters... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 1, 2020

The answer to your question should be expressed in your lease. Generally in Virginia, a residential lease permits the landlord to have workers, such as painters, access the premises on 24 hour notice to the tenant and for reasonable reasons. It seems that painting the premises would be considered a... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Q: Are there any charges I can file against a lawn care provider who hasn't completed the services?

I prepaid for biweekly lawn care 3 weeks ago. He came out the same day and mowed 1/3 of my yard, then claimed his belt broke and he would return the next day. He has never come back, providing a multitude of excuses. I have asked for my money back several times, to which he always says he will be... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 26, 2020

In Virginia, the Office of the Commonwealth Attorney generally files charges in criminal matters, not individuals. With regard to your reported facts, you may have a right to file a civil lawsuit for breach of contract, called a Warrant in Debt, in the General District Court for the county/city in... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Paying customer at restaurant refused access to bathroom for 5yo because adult didn’t have a mask. They physically blocd

We were eating in their outdoor dining area. My 5 year old said she needed to use the restroom. Got halfway to the bathroom inside when the barkeeper said I had to have a mask on. Customer at the bar didn’t have a mask on. I pointed this fact out, and the barkeeper said he had a drink so he... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 25, 2020

I regret that I do not handle matters where a patron in a restaurant is blocked from the bathroom. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Virginia DCSE has been lethargic communicating with my bank and a double seizure of funds is unresolved. Can I sue?

I owed $5,000 and deposited $10,000 from an insurance claim. Virginia DCSE sent a seizure order to my bank. The bank held the funds but didn’t respond so DCSE sent ANOTHER seizure order. My bank told me they need Virginia Department of Child Support Enforcement to fax or email them... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 16, 2020

I regret that I do not handle child support matters or DCSE matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: I would like to file a setting aside default judgment to Arlington court and need to hire an attorney
Steven Krieger
Steven Krieger answered on Aug 24, 2020

Sure. Feel free to give us a call and we'll try to be helpful.

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1 Answer | Asked in Family Law, Civil Litigation and Identity Theft for Virginia on
Q: My mom just signed herself out of a mental hospital and no one knows where she is at. She just recently stole my sisters

My mom just signed herself out of a mental hospital and no one knows where she is at. She just recently stole my sisters identity and I have told her to leave me alone and she hasnt known where I lived. She has found out thpugh where I live and I do not feel safe what can I do to protect myself as... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 24, 2020

You must go to the Clerk's Office for the General District Court for the county/city where you live a file a Request for a Protective Order. The clerks will help you with the forms.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 18, 2020

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

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Virginia on
Q: Can you sue someone for saying they would pay something off for you?

My now ex boyfriend agreed for me to purchase a laptop for school and agreed he would make the monthly payments. Now that we aren’t together he tells me he’s not going to pay it . It is now going to affect my credit because I can’t afford to pay it since I’m not working. The total amount is... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 16, 2020

Given this was an oral agreement, and you claim it was breached for nonpayment, you can bring a Warrant in Debt in General District Court in the jurisdiction (county/city) where the agreement was reached. Since the amount is less than $5,000.00, this is a small claims court case in which no lawyers... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: My HOA BOD has vacancies, has not held meetings or elections in 12 months. What are my options?

We have a Assoc. management company that takes us for granted and does the minimal required work. Last election saw a "coup" by several BOD members who rarely showed up for meetings. Two board members resigned in protest and the positions were not filled, despite two people who stood for... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 14, 2020

The HOA's Bylaws should provide you with the available options in a situation like you described.

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: What is the statute of limitations on a settlement agreement as a result of a warrant in debt in Virginia?

I was sued almost 20 years ago for damages related to an auto accident. I made a settlement agreement with them in court, made large initial payment, and had to make payments over time, but I lost the paperwork and forgot about it after a few years. It's now been about 18 years since a payment... Read more »

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

In Virginia, the statute of limitations on a written agreement is 5 years and 3 years on an oral agreement.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Animal / Dog Law for Virginia on
Q: Does a lease voids when the home is sold in VA? I signed the lease in 2007 and it stated nothing about not having pets

On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 11, 2020

Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Virginia on
Q: Landlord Intentionally Ignoring Me and refusing to set up payment plan as I have been affected by COVID-19

My business was shut down until we reopened (still slow). Apartment management and I agreed verbally with the management office to set up a payment plan. A week later they said they want rent paid in full. I argued my case about the agreement, they said they will talk to the manager. Next day,... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 3, 2020

It sounds like these are discussions and negotiations about paying rent. It is not a question is it legal or illegal. It is a question of whether opposing parties can come to an agreement. It takes two to reach an agreement so if one side will not agree, there is no agreement in the eyes of the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: I need help Ny lease apparently ends tomorrow but I can’t leave

I signed a 12 month lease with my landlord and it’s the 7th month and my landlord says the july31st at 8 am everyone who didn’t renew is the last day of their lease but I can’t leave that soon I prepared for a 12 month lease I also lost my job due to COVID and domestic violence so I haven’t... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 31, 2020

Even if you have a 12 month written lease, the nonpayment of rent is a breach of the leased and as such the landlord can proceed with a notice for you to pay or quit and then begin legal proceedings to have you evicted. The loss of your job or the domestic abuse is not a defense to nonpayment of... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can a pool company bill held liable for improper installation of drains around home and pool 25yrs later?

My home was initially my dad's. He had the pool installed in 1995. Sometime later he began to have issues of water coming thru one wall in the basement only when it was a heavy rain. Dad passed and I remained in the family home. I begun to search for the answer to the water issue and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 28, 2020

Unless the contract extended the statute of limitations period, in Virginia there is a 5 year statute of limitations based on a written contract.

1 Answer | Asked in Civil Litigation for Virginia on
Q: How long after installation of inground pool can a company be held liable for damages?

My dad had a pool installed in 1995. Since his passing I now live in the home. For several yrs my dad struggled with a water issue in the basement when the rain was heavy and it has continued since I have been here. I decided to take a look at the routing of the gutter downfall that is on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 28, 2020

Generally, in Virginia there is no waiting period for making a claim for faulty workmanship in a construction project like an in ground pool, unless your contract states otherwise and you must give the contractor an opportunity to fix the damages.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: Do I need to retain a lawyer for my small claim case? Is there specific evidence I must present to validate my claim?

In Henrico, VA - I had filed a small claims court case against my neighbor for damages, maxed at $5000. He has requested it be removed to general district court and has retained counsel. I suing my neighbor for damaging my front, side and back yard resulting in me paying out of pocket for... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 27, 2020

By court rules, no lawyers are allowed in a small claims case matter in Virginia.

1 Answer | Asked in Business Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: If a UD case is non-suited, is there any way to seal this or otherwise keep it from being uploaded to the Internet?

Related to the prior question: "Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2

The case did not result in an eviction nor a collection" You will see a lot of these as first time civil defendants seek to pay arrears after Unlawful Detainer (UD)... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 20, 2020

In Virginia, eviction matters are generally not under seal. You may want to seek a formal opinion from an attorney in the jurisdiction where you reside on your questions.

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