Lawyers, Answer Questions  & Get Points Log In
Virginia Civil Litigation Questions & Answers
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... Read 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... Read 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... Read more »

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... Read more »

Benjamin W.   Glass III
PREMIUM
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... Read 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... Read 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... Read 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... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia on
Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She... Read more »

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2022

I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Virginia on
Q: How do I remove an unlawful detainer/eviction from my public record, after it has been marked "satisfied?"

The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.

F. Paul Maloof
F. Paul Maloof
answered on Feb 3, 2022

You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.

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.

View More Answers

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 »

View More Answers

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
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 »

View More Answers

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.