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Virginia Contracts Questions & Answers
1 Answer | Asked in Contracts and Collections for Virginia on
Q: I am being sued for money a company said I owed from 2014. I received letter from their lawyer. What should I do?

I owned an LLC that sold flooring for a company from 2011 thru 2014. I told the owner I was starting another LLC and would not be working for them full time, but I would still help them. The owner was very rude and threatened to sue me for jobs they installed for me. I could not afford a lawsuit so... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 11, 2022

Well, did you get a letter or were you served a complaint? There's a big difference; if it's just a letter then you haven't been sued. In anybevent, hire a lawyer. Defending a lawsuit isn't as easy as saying "I don't owe him any money".

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Is a verbal commitment legal in the courts.

My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 14, 2022

Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
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1 Answer | Asked in Contracts for Virginia on
Q: Can I fight a judgement from 2015 I knew nothing about? I was never served!

I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Can a landlord deny a physical, signed lease in preference for an electronic one?

Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 15, 2022

That sounds like nonsense.

You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the...
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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: What constitutes a written agreement with consumer debt?

I've been served warrant on credit card that was opened online and payments stopped more than 3 years ago. This account was opened by my ex husband in my name but I can't prove this. Statute of limitations would be easier.

Elaine Jarvis
Elaine Jarvis
answered on Jul 7, 2022

I assume you mean a warrant in debt, which is a contract-based claim in general district court. First piece of advice is to absolutely appear and ask for a trial to dispute the debt. Second, in Virginia, you have the right to request all the documents that gave rise to the debt. This is called... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.

In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... Read more »

Steven Krieger
Steven Krieger
answered on Jun 28, 2022

You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... Read more »

1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Government Contracts for Virginia on
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?

The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... Read more »

Steven Krieger
Steven Krieger
answered on Jun 7, 2022

Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... Read more »

1 Answer | Asked in Business Formation and Contracts for Virginia on
Q: Non-competition and non-solicitation agreement

Hi there,

So my question is about the working contract that I have signed! I'm a home inspector in VA, working

for a franchise company. I have signed a non-competition and non-solicitation agreement with them that I cannot compete with them for two years after signing this... Read more »

Steven Krieger
Steven Krieger
answered on May 12, 2022

It really depends on the the specific terms of your prior agreement. Some non-compete provisions are not enforceable, but it really depends on the details. If you decide to retain a lawyer to assist you, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: Wedding planner canceled our contract 2 months before wedding. What rights do we have to the deposit?

The cancellation terms say that the retainer and payments are not refundable if we cancel, but does not provide language regarding what happens if the planner cancels. The planner canceled 48 hours ago via text and has not provided any information on how we will proceed with refunds or next steps.... Read more »

Steven Krieger
Steven Krieger
answered on Apr 21, 2022

Yes, you should be able to recover any fees you paid unless the contract has a specific term that permits termination or that the fee structure is set based on milestones. I'm sure anyone who responds would be happy to hep if you decide to hire a firm.

1 Answer | Asked in Contracts, Family Law and Antitrust for Virginia on
Q: Trustee of my Grandfathers will is dodging paying anything out of account to those entitled to its benefits. help

My grandfather setup a trust within his will that will pay for my college courses/apartment while im enrolled at an university. I have been trying to get him to follow through and help me get money from this account. In the 5 emails I have with him it feels like i have been negotiating to get what... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 30, 2022

The answer to your question depends on the provisions of the testamentary trust. These trusts sometimes are set up as spendthrift or discretionary trusts. This gives the trustee the right to make disbursements purely at his or her discretion, in order to protect the corpus of the trust from... 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 »

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: I bought a car March 5th 22 “NEW” inspection sticker since i’ve had issues such as axels, the control arms they wont fix

they’re refusing to fix the issues it had when i purchased the vehicle that were not told to me and refusing to give me money back this vehicle should’ve never had a new inspection sticker

Steven Krieger
Steven Krieger
answered on Mar 19, 2022

If the vehicle was represented to you as "new" and it was not new, then you have a claim. If you have a warranty, the warranty should cover these repairs regardless. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: My landlord has given me a 60 day notice to leave as he “wants to sell” the home. We have been here a year and lease is

About to expire. I’ve talked with previous tenants and the landlord has done the same to them and refused offers that was given to buy. What can I do to stay?

Steven Krieger
Steven Krieger
answered on Mar 13, 2022

It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.

2 Answers | Asked in Contracts and Construction Law for Virginia on
Q: Possible unlicensed contractor

Shoddy work, the floor is already coming apart and he will not answer my texts or emails about fixing it. He just finished the work in August. I do have a signed contract. He also cut electrical to my loft so now I have to hire someone to run electrical. I messed up because I did not ask if he was... Read more »

Steven Krieger
Steven Krieger
answered on Feb 19, 2022

It sounds like you have a claim for a brach of contract, but may also have a claim under the VA Consumer Protection Act. You'd probably need an attorney to review your documentation and any correspondence. I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Contracts for Virginia on
Q: Can I get out of a contract started on Feb 6
Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Feb 16, 2022

Show your contract to a lawyer near you to tell you if you can get out and how you can get out.

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 Contracts and Real Estate Law for Virginia on
Q: I just realized that I put the wrong year on a signed lease. Is the lease voided. What are the terms for the lease?

Tenants signed the lease and have been living in the rental for 3 months. What's my recourse?

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Oct 29, 2021

Not really a big deal --- where it is clear that both parties meant and understood the correct year, the court will enforce the lease with the corrected year --- The correction of a scrivener's error is a court-sanctioned action reforming a contract or other document. We note, however, that a... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: On a Home improvement contract, the contractors license number on the contract was terminated after contract was signed

It appears that they got a new license number. Is this legal? If I am trying to get the contract voided would this matter? It seems very shady to me that the license number they provided on my contract, while valid at the time, became listed as terminated, on the DPOR website, about 30 days later... Read more »

Steven Krieger
Steven Krieger
answered on Oct 20, 2021

As long as the contractor has a valid license number and the numbers were associated with him (and not someone else) then this seems OK. Of course, this doesn't mean the workmanship was sufficient, but from a strictly licensing perspective, this may be OK. If you decide to hire a lawyer,... Read more »

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