Lawyers, Answer Questions  & Get Points Log In
Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: In VA does a creditor simply fill out a form to extend a judgement or must it go to court? Will the debtor be notified?

Will I be notified and given a chance to go to court for the renewal (extension) or just notified afterward (or not)?

Will the coronavirus and court closures affect the statute of limitations? I'm almost certain it expired at the end of April.

If so, details will be appreciated.

F. Paul Maloof
F. Paul Maloof answered on May 30, 2020

If the judgment was recorded in a circuit court in Virginia, as the 20 year period for the first period of the judgment approaches, you must file with the same circuit court a Motion to Renew the Judgment. If the Motion is granted, it will extend the judgment for anther 10 years. The debtor's... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: In Powhatan county Virginia I have a Protective Order for my children against my wife's paramour. How do I extend it?

My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »

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

I regret that I do not handle protective order case or domestic relations matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: can i sue a collage for not letting me use my financial aid money to pay off my tuition?

my financial aid is enough to pay off my tuition in full but my collage refuse to let me use it for that reason

F. Paul Maloof
F. Paul Maloof answered on May 8, 2020

I think there is not a "cause of action" in the Virginia Code for that type of lawsuit.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I had let my car to a friend who I did not know did not have a drivers license and he got pulled over last night and

Got Impound it no one can Provide to me that there’s a 30 day hold on my car how do I get my car back in the tow company is trying to price gouge me

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

If your car was impounded, you have to pay the towing company to get the car released.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Virginia on
Q: Do credit card companies typically renew judgements after 10 years in VA? I'm 3 years away from the 10 year mark.

I want to know my best move. I'm looking to buy property in 3-4 years and am concerned about the judgements against me. They are 7 years old for 6k and 4k at time of judgement. Do they automatically renew? What is the process for renewal and how would I know if it was renewed? They... Read more »

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

Generally credit card companies and their attorneys will renew judgments just before the 10 year period arrives. It is not automatic and counsel must file pleading with the court.

1 Answer | Asked in Banking, Civil Litigation and Small Claims for Virginia on
Q: A collection agency is trying to collect a debt from 11 years ago with Wachovia bank.Wachovia said it’s written off

I have phone recordings of both collections and bank. Wachovia says they stopped collections 2-3 years ago of statute of limitations.

F. Paul Maloof
F. Paul Maloof answered on Apr 23, 2020

If the origin of the debt was in Virginia and was connected to a written agreement, there is a 5 year statute of limitations that applies to the debt. The Statute of Limitations defense is an affirmative defense so it must be raised after a lawsuit is filed.

2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What happens if I don't pay the agreed settlement as a defendant?

I agreed to a settlement, but unfortunately I don't think I can pay. There are no penalties besides continuing to trial and a clause that says "In the event any litigation arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses incurred to enforce... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

Contract governs the agreement. So, if you default or breach, go to court and lose, most likely you will pay the additional cost associated with the matter. You should look at the clause(s) where it might say how to get out of it if you cannot pay or show this document to an attorney to help you... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can something bought as a gift be taken in a court of law?

Basically, Dec 7, 2018, my grandma bought me parts for my computer for christmas, to replace my broken parts. She, at the time, had no intention of me paying it back. Then, after I move out of her house, in Nov 2019, 2 weeks after I moved out, she told me I had to pay her back. On Dec, 11, 2019 she... Read more »

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

This sounds like a domestic relations/family relations matter. I do not handle those types of cases. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: In Virginia, what agency would an individual file a complaint with against the Elizabeth River Tunnel Authority?
F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2020

VDOT; Virginia Department of Transportation.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Leasing co. going after both me and roommate for charges roommate is responsible for.

Leasing company charged hundreds of dollars for new person to be added to lease, which new roommate did not pay (I paid another 'application fee' as remaining roommate on 'altered' lease). Leasing co. added late fees, which roommate never paid. I moved out a week before roommate... Read more »

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

In Virginia, generally all residential leases make all tenants jointly and severally liable for the terms and conditions of the lease. If your roommate failed to pay his share, as you agreed with that roommate, the landlord and leasing company is not bound by the agreement between you and your... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Virginia on
Q: If my former employer is closed to the public due to coronavirus, must I still meet the deadline to serve my complaints?

This is regarding a wrongful termination from a local government.

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

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

1 Answer | Asked in Civil Litigation for Virginia on
Q: VA code 55-248.34 has been repealed. Does this mean the law is no longer in effect

I had an eviction notice, I paid my landlord rent and she accepted. She then gave me an acceptance with reservations form 2 days after she accepted my rent and is still evicting me. Can she still do that even tho the law was repealed?

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

Title 55 was repealed by the Virginia legislature but they simultaneously enacted Title 55.1 as the replacement. The provisions are generally the same.

1 Answer | Asked in White Collar Crime, Contracts and Civil Litigation for Virginia on
Q: How do I write a Grounds for Defense without a Bill of Particulars? Or do I use the old one?

My then wife and I signed a lease agreement with a vacation time share company in '95, ended 2012. They sent all correspondence to my ex in another state and got a judgment against both of us in 2017.

I learned of the garnishment 2019 and filed a motion to set aside, proved I was... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 2, 2020

When the Judge granted your Motion to Set Aside the default judgment, the Judge generally would order a new Bill of Particulars to be filed by the Plaintiff by a date certain and then the Defendant (You) to file a Grounds of Defense by a date certain to the allegations asserted in the Bill of... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: in Virginia can a creditor who got a judgement against you take or force you to sell your home?
F. Paul Maloof
F. Paul Maloof answered on Mar 1, 2020

In Virginia, a judgment creditor has certain well-established rights with regard to the enforcement of the judgment. One of those rights is to petition the Court to initiate a proceeding to sell the property against which the judgment creditor has the judgment lien. There are specific procedures... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: If I filed a small claim, and the defendant counterclaimed against me, how can I now dismiss my claim?

The defendant didn’t show up for the original hearing, with a medical excuse , and a court date was set three months down the road, I no longer want to pursue the claim for a few reasons if I dismiss my claim, what happens to the counterclaim?

F. Paul Maloof
F. Paul Maloof answered on Feb 29, 2020

Under Virginia law, once a counterclaim is filed in the lawsuit, the original claim cannot be dismissed or nonsuited unless the party who filed the counterclaim agrees and the entire lawsuit is dismissed or nonsuited.

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Q: My LLC is being sued along with me as an individual. How can I separate the two so I can defend myself?

Basically I've been hit with a frivilous lawsuit from an old advisor who has dragged out the court process long enough to bankrupt me. I'm trying to make it to court so I can get the case thrown out, but since the LLC is attached I can't defend myself. Is there a way to separate... Read more »

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

The answer to your question will depend on what is alleged in the lawsuit that was filed against the LLC and against you. There is no general answer like one size fits all.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

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

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... Read more »

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

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Federal Crimes for Virginia on
Q: Court did not complete plea agreement. Plead guilty to misdemeanor instead of felony. Court processsed as felony.

More than one legal issue regarding the trial of case. However most important issue is the plea agreememt was to plea guilty to two misdemeanors instead of 2 felony charges. Just got a letter about not voting rights, so looked up charge online. Court said plead guilty to a felony. I have plea... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Feb 10, 2020

Sounds like it could be a paperwork error. You need to have a lawyer file a post-trial motion on your behalf to make sure the court's records are correct.

View More Answers

1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: my husband is dying of cancer, someone hacked his flip-phone and sent an ugly message to a life long friend of his,

my husband is blind because of the cancer he did not send it. what can i do legally to the person who did this or find out who did send it pretrending to be my husband

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

I think your best procedure is to go to the police where you live and file a criminal complaint.

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.