Virginia Small Claims Questions & Answers

Q: dealing with USAA and identity theft & they continue to allow our account to be breached despite our daily calls. HELP

1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA to another unaffiliated bank that you can trust. Try to get a cashier's check, cash it out at another bank where you are well known, and then take the case to a third bank and open a new account. Best...

Q: I ordered something worth $110 online through a website from someone in Austrailia and I'm living in the USA. How can.

1 Answer | Asked in Banking, International Law and Small Claims for Virginia on
Answered on Mar 20, 2019
Timur Akpinar's answer
Contact the bank or institution issuing the card to see if they have provisions for resolving or adjudicating disputes.

Tim Akpinar

Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

1 Answer | Asked in Civil Litigation, Small Claims and Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's illegal to possess than you subject yourself to liability if you get caught. The same applies to radar detectors (illegal in some states and not others), speed limits (vary among the states), window tints (vary among...

Q: Can my vehicle be towed from a private property without notice?

2 Answers | Asked in Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Feb 28, 2019
F. Paul Maloof's answer
I do not handle car towing matters. Sorry.

Q: An apartment I am renting was flooded by an upstairs neighbor. Whose responsibility are repairs after my lease ends?

1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Answered on Feb 5, 2019
F. Paul Maloof's answer
The people who live upstairs are the negligent parties and are solely liable to the landlord for the damages whether before or after the end of your lease.

Renter's insurance may or may not have coverage for water damage caused by the upstairs neighbor. You should call the insurance company and ask.

Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.

Q: 0nce judgement is granted in your favor of a debt warrant, how is the money obtained?

1 Answer | Asked in Small Claims and Civil Litigation for Virginia on
Answered on Nov 13, 2018
F. Paul Maloof's answer
It is assumed that the losing party will not voluntarily pay the awarded amount. In that case, once the judgment awarded in your favor becomes final (the period of an appeal has passed), then the judgment creditor can enforce the judgment by filing and setting a court date for a Garnishment Summons for wages or a bank account.

Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Answered on Nov 9, 2018
F. Paul Maloof's answer
I do not handle medical collection cases so I regret that I cannot answer your question.

Q: In a warrant and debt can plaintiff take your home if they win judgement

2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Answered on Aug 20, 2018
L. Ilaine Upton's answer
They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.

Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.

2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Answered on May 21, 2018
Timothy Denison's answer
Unless they go back into bankruptcy court seeking relief, you shouldn’t have any worries. Likely the worst thing that happens is you could have to pay the fair market value of the property if you can’t return it.

Q: Can I take someone to court in the state in which I live, even though the wrong was done to my property in another one?

1 Answer | Asked in Small Claims for Virginia on
Answered on May 18, 2018
Steve Miyares' answer
Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence on the criminal case, he might have been irdered to pay you reatituion. The Louisiana prosecutor should be able to give you that information. Good luck

Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement

1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on
Answered on Apr 2, 2018
Christian Lassen's answer
The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

Q: i recently requested that my car (titled, insured, and registered to me) be returned by my father but he refuses

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Answered on Mar 23, 2018
F. Paul Maloof's answer
If you can prove the title to the car is in your name, you have a very good chance of success in court.

Q: My roommate and I share a lease. He moved out overnight and cut off utilites. Are there any legal actions i can take?

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Virginia on
Answered on Mar 11, 2018
F. Paul Maloof's answer
Depending on what the lease states about the obligations of the tenants, you may be able to file a lawsuit in Court for breach of lease against your co-tenant.

Q: Can a landlord, steal everything out of your rental And move someone else in during that same 2 days?

1 Answer | Asked in Landlord - Tenant, Criminal Law, Personal Injury and Small Claims for Virginia on
Answered on Mar 3, 2018
F. Paul Maloof's answer
This is a criminal law matter. I do not handle that type of case. You need to call the police and make a complaint. Good luck.

Q: What are the rules on being charged a full months rent when I'm moving out on the 12th of a month?

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Virginia on
Answered on Feb 22, 2018
Richard Sternberg's answer
There are some special rules for active military. Why don't you stop in and talk to a JAG Officer?

Q: Landlord sent charges to a collections agency while disputing the original charges. Can it still be reported to credit?

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia on
Answered on Feb 19, 2018
F. Paul Maloof's answer
Even though you are bringing a claim for your SD in small claims court, the landlord has the right to bring a separate claim for the alleged damages. If the landord brings its claim in small claims court, you may be able to have both claims consolidated and heard at the same time. You can notify the Judge and see what he says.

Q: I sold my truck to my brother. I financed it at 5% interest. He stopped making payments and balance owed is $4200

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Answered on Feb 15, 2018
F. Paul Maloof's answer
You are able to bring a claim against your brother in small claims court in Virginia. You will have the burden of proof to persuade a Judge that you should be awarded a judgment. That may be the easy part. Collecting the money from your brother after the judgment is entered will be the more difficult part.

Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.

1 Answer | Asked in Consumer Law, Real Estate Law and Small Claims for Virginia on
Answered on Feb 14, 2018
Richard Sternberg's answer
You very likely have a cause of action, and it may involve a claim for attorneys' fees and treble damages. Waterproofing can become a major expense, and restoration and replacement of carpets and walls destroyed by flooding can become a major expense. You should consult with counsel as soon as possible. I noticed that Moneta is twice the distance for me as the drive to Charlottesville, so it is impractical to act as anything more than consulting counsel, but you need to see a litigator in your...

Q: Warrant in detinue in Va?

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Answered on Jan 31, 2018
F. Paul Maloof's answer
It sounds like her story has no legs. If she appears before a Judge, she will have the burden of proof to provide documentary evidence to prove her claims, otherwise the Judge will dismiss her case.

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