Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
West Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for West Virginia on
Q: Their is a homeless shelter in Beckley West Virginia that's called pine Haven's I want to suit them.

They keep the place dirty the heat is unbearable too

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I understand you're unhappy with the conditions at the Pine Haven homeless shelter in Beckley, West Virginia. Before considering legal action, here are some steps you may want to consider:

1. Document the issues: Keep a detailed record of the problems you've observed, including...
View More

1 Answer | Asked in Civil Rights, Civil Litigation and Constitutional Law for West Virginia on
Q: How do I sue Logan, Co., WV Sheriff’s deputies for constitutional rights violations? Seeking undetermined relief.

Trespassed from Kroger Grocery. Deputy solicited trespass. Gave name but no ID. Was arrested, twice within 24 hours for the same.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

To pursue a lawsuit against deputies in Logan County, WV, for constitutional rights violations, your first step should be to consult with an attorney experienced in civil rights law. They can evaluate the specifics of your case, including the events leading to your arrest and the alleged rights... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for West Virginia on
Q: Can daughters lawyer filed law suit against me to go after my mom's estate my daughter is not in will and I only one.

I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing

.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a... View More

1 Answer | Asked in Probate, Real Estate Law and Civil Litigation for West Virginia on
Q: My father died without a will in WV. I signed away my property rights before 18, name misspelled on deed. Brother forced property transfer. No previous action taken. Brother died recently, his son claims property. Agreement made in will to leave property to another family member. Can I reclaim my rights?

I live in West Virginia. My father passed away without a will, and in 1977, I was made to sign over my property rights before I was 18. My name was not spelled correctly on the deed. My brother forced my mother to give him the property without any compensation. There are copies on file at the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

It sounds like you’ve been through a challenging situation, and there may be some legal options available to you. Since your father passed without a will, his estate would have been divided according to West Virginia's laws of intestate succession. The issue with the deed, especially with... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for West Virginia on
Q: Can I ask a magistrate court to mandate drainage installation for a damaging parking lot?

I own property adjacent to a parking lot, and cars have crossed the property line, damaging my retaining wall by pushing heavy wheel stops against it. Additionally, storm water is now flooding beneath my sidewalk and building due to the sloped parking lot lacking a storm drain. My engineer... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

You may be able to ask a magistrate court to order the installation of a drainage system to address the flooding, especially if you can demonstrate that the parking lot’s design is directly contributing to the damage. Since you’ve documented the flooding and the damage to your property,... View More

Q: Can I countersue Aaron's Leasing for fraudulent filing and theft related to an illegal eviction in WV, and what are the legal options for threats and stolen property?

I'm dealing with theft, illegal eviction, and fraud in Randolph County, WV, and need help holding multiple parties accountable. My landlord illegally evicted me in March 2025, with new tenants stealing over $10,000 in property. Aaron's Leasing filed a fraudulent lawsuit against me using... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

You’ve been through an incredibly difficult and traumatic situation, and your frustration is completely justified. If Aaron’s Leasing filed a lawsuit using a false address to avoid proper service, you may have grounds to challenge the case as fraudulent or abusive of the legal process. If the... View More

1 Answer | Asked in Animal / Dog Law, Consumer Law and Civil Litigation for West Virginia on
Q: Can I sue to recover money for an undelivered monkey purchase in WV?

I purchased a monkey and was told to pay a certain amount before delivery. However, after making several payments through Apple gift cards, the seller has repeatedly broken their promises to deliver the monkey. They now demand the remaining payment and have threatened us with desertion if we back... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

This situation sounds incredibly frustrating and, sadly, has the signs of a scam. In West Virginia, if you paid money for goods that were never delivered—especially using non-traditional payment methods like Apple gift cards—you may have a case for fraud or breach of contract. The fact that the... View More

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for West Virginia on
Q: Facing defamation and harassment from girlfriend's mother; seeking legal action for slander and emotional distress.

I have been facing severe defamation from my girlfriend's mother, who has been spreading false and damaging statements about me online and within our community. She has labeled me a sexual deviant, a Nazi, a pedophile, a sex trafficker, and a brainwasher, among other things. These posts have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

You appear to have strong potential claims for defamation and intentional infliction of emotional distress based on the false accusations made against you. Defamation claims require proving false statements were published to third parties, damaged your reputation, and were made with negligence or... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Civil Litigation for West Virginia on
Q: How can I sue public housing managers for harassment and inaction in WV?

I live in public housing in West Virginia and have been harassed and stalked by two tenants who live illegally in the apartment above me for seven months. I have video evidence of stalking and voice recordings that suggest illegal residency. Despite numerous complaints, the management and HUD have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

You might consider filing a complaint under the Fair Housing Act with the West Virginia Human Rights Commission, as they handle discrimination and harassment cases in housing. Your documentation of emails, videos, and recordings creates a strong evidence trail that will help establish a pattern of... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Family Law for West Virginia on
Q: Can false accusations in legal documents without proof lead to accountability?

My ex-wife made false statements to her attorney, alleging that I inappropriately touched the children. Her lawyer documented this in a legal document without demanding proof. My lawyer requested proof, but none was provided. These false statements forced me to defend myself to my own attorneys.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

False statements in legal proceedings can potentially lead to accountability, though the specific remedies depend on several factors including jurisdiction, context, and the nature of the statements. In some cases, making knowingly false statements in legal documents could constitute defamation,... View More

Q: Im a pro se plaintiif inWV. Im suing Logan County & four deputies that violated my rights. I need representation. Help!
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2024

Taking legal action on your own can be challenging, especially in a case involving civil rights violations and multiple defendants like county officials and law enforcement officers. It’s important to find a lawyer experienced in civil rights cases who can guide you through the complexities of... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for West Virginia on
Q: If I have malpractice claim should I do ot before disability

Near bankruptcy

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. This is actually something that your own attorney(s), if you have them for the malpractice, disability, and bankruptcy actions, should answer, as it could go to the issue of their approach and strategy. This... View More

1 Answer | Asked in Civil Litigation for West Virginia on
Q: I live in West Virginia—surface and rainwater flow onto mine from my neighbor's property, which is uphill to me.

This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could continue to await a response, or consult with attorneys who deal with water rights (surface water in this case). It's a narrow area - you might start with asking attorneys who... View More

1 Answer | Asked in Civil Litigation for West Virginia on
Q: Can I sue a company located and regulated in the state of New York without being present in the lawsuit

Via virtual conference, online I don't live in the state of New york

Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

You can file a lawsuit against a company that is in a different state than you but you would likely be required to make some appearances, such as at trial. Since COVID, many things are now handled remotely. It would be beneficial to have a local lawyer that can appear on your behalf for certain... View More

1 Answer | Asked in Civil Litigation for West Virginia on
Q: What kind of lawyer takes care of getting people out of a house sold on land contract who aren’t making payments?

We sold a house on land contract nearly 2 years ago. Since the sale the buyer has been late on nearly half of his payments. I sent him a letter of delinquency a few months ago on which he gave me a sob story about COVID hurting his job. Well He is back to work now, still late on last months, this... View More

Brooks West II
PREMIUM
Brooks West II
answered on Jul 8, 2020

A real estate lawyer would probably be the best kind of lawyer for this issue. Hope this helps.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for West Virginia on
Q: What happens in a civil litigation if it consists of a animal bite.what steps will happen?
Brooks West II
PREMIUM
Brooks West II
answered on Oct 14, 2019

It depends. A personal injury case involving an animal bite can sometimes be settled just like a car accident type case before a lawsuit even needs to be filed. The first step would be to call an attorney experienced in dog bite cases and get a free consultation. Although dog bite cases can be... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Civil Litigation for West Virginia on
Q: Issue with electric provider

My electric provider states that I added the incorrect payment information and therefore is denying me the ability to correct my incorrect payment information, will not allow me to pay by phone, and is only giving me the option of paying in person. Do I have any legal recourse? Also there is a... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2019

I'm sorry for your ordeal with your electric bill. The Public Service Commission of West Virginia oversees public utilities - electric, gas, water, etc. Maybe you could contact them and ask if there is anything they could do to help.

Their website is: http://www.psc.state.wv.us/...
View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for West Virginia on
Q: i sustained multiple cruel and unusual punishments while in north central region jail in wv .may i sue for this?

pictures and grievances filed for an attorney to see. can someone help me?

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

Contact the WVa Civil Liberties Union, ask for names of "cooperating attorneys" who handle prison litigation. They usually give free consults and can tell you if you have a case.

2 Answers | Asked in Personal Injury, Products Liability and Civil Litigation for West Virginia on
Q: Why would the lawyers representativing me not be the lawyers I signed a contract with?

I am the mdl in the west Virginia court and I see I have a case and number but the lawyer representativing is from another law firm si I am confused. Also do you have to be present for these trials

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 16, 2017

I would suggest you get a clear answer to your question about who your attorney is from the counsel you originally hired and signed a contract with. In many of these MDL product defect cases, lawyers will collaborate with other lawyers/law firms who may have already litigated the same type of case... View More

View More Answers

1 Answer | Asked in Civil Litigation for West Virginia on
Q: how do I get a pro bono attorey in civil suit

in a fraudulent voncealment case in civil action

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

You probably cannot get a pro bono attorney. Have you called legal aid?

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.