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Virginia Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: How can a company garnish my wages twice?

I moved out of a apartment complex 6 years ago because they had bed bugs and would only do one apartment at a time and the bed bugs will travel,

So 4 years later they garnish my wages for $700+ now they are garnishing me again for the same amount they took my $799 deposit when I moved.

F. Paul Maloof
F. Paul Maloof answered on May 6, 2021

In Virginia, the law that effects the garnishment of wages and/or bank account has a set period of 180 days before the matter goes to court. If the full amount of the judgment is not satisfied by the initial garnishment, the judgment creditor has the right to file a second garnishment to seek the... Read more »

2 Answers | Asked in Copyright, Business Law and Trademark for Virginia on
Q: I want to protect my designs from domestic and international companies from stealing it. Do I Trademark or copyright it?

Hi, I have a small business which features original designs on t-shirts.

Linda Liang
Linda Liang answered on May 6, 2021

Neither of them. "Design patent" protects the way an article looks.

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1 Answer | Asked in Animal / Dog Law for Virginia on
Q: The county had took my dogs and we now have a court date to try and get them back how likely will we be to get them back
Timothy Carignan
Timothy Carignan answered on May 5, 2021

It depends on why the county took them away.

1 Answer | Asked in Divorce for Virginia on
Q: Who do I contact to see if the Court System has processed my final divorce documents? Ex wife’s lawyers filed the docs.

My ex wife’s lawyers created and filed the final divorce documents. I would like to get a copy of it and make sure it has actually been filed and processed. I want to have verification that we are legally divorced.

Sonja Aoun
Sonja Aoun answered on May 4, 2021

Some courts have this information online, but you can also call the Circuit Court clerk's office for the Virginia city or county where the divorce was filed. That's usually where you and/or ex lives.

1 Answer | Asked in Immigration Law for Virginia on
Q: What category of eligibility do I apply for N400?

I received my Green card back in Feb 2017 when by mom married my stepdad and I was entered into the paperwork before I turned 18. Now I want to apply for naturalization, but on the USCIS site there are few choices and I'm not sure which one I fall under.

I know it has to be either:... Read more »

Agnes Jury
Agnes Jury answered on May 4, 2021

If you mom is still married to your step dad, she can apply for naturalization after 3 years. But unless your mom became a citizen before you turned 18, you will be eligible for naturalization once you have been a permanent resident for 5 years or more. You cannot apply until 90-days before the... Read more »

2 Answers | Asked in Estate Planning for Virginia on
Q: I have a revocable trust naming my daughter as successor trustee. She is sole beneficiary. I recently discovered that

The sole trustee cannot be the sole beneficiary. Can my designated trustee also be the sole beneficiary?

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

It is not true that the sole beneficiary cannot be the sole trustee. However, it is true that if you set it up that way, it is virtually impossible to afford the beneficiary any asset protection. If asset protection for her is your goal, then you should name an independent trustee and also take... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is selling we got cart letter if we rent month to month does new owner have to offer that also?
F. Paul Maloof
F. Paul Maloof answered on May 3, 2021

Need an answer to what do you mean by a "cart letter?" Not familiar with that terminology.

1 Answer | Asked in Education Law and Small Claims for Virginia on
Q: Can I take legal action against my school?

My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... Read more »

Tim Akpinar
Tim Akpinar answered on May 1, 2021

A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I live in virginia and i have been renting a room n paying cash to my friend. (No lease)

Can she take me 2 court if no lease was ever signed n i was paying cash. I still owe her 300.00

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

You have an oral (rather than a written) month-to-month tenancy. If the landlord follows the CDC rules for a tenant who does not pay rent on time and gives the proper notice(s) as required by the DCD and federal/state laws, the landlord can seek possession of the premises and seek and eviction.... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on
Q: SHOULD I STAY OR SHOULD I GO??

Disabled, w/out an Advocate or ATTY; Fearful of making wrong decision

45 yro, No Evictions, Owned Homes, Gainfully Employed, until:

Displaced by COVID after 4 yrs of caring for a parent, all savings expended.

Moved to Richmond; No SSDI, Unemp, absolutely zero aid or... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

Based on your financial condition, you should call Northern Virginia Legal Services on Monday for assistance. They are pro bono attorneys and may be able to help you with your current situation.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Virginia on
Q: LANDLORD FILED AN EVICTION AFTER TENANT ASKED FOR COVID RENT RELIEF; RENT WAS STILL TIMELY. WHAT CAN I DO?

LL wont cooperate with Tenant in COVID Rent Relief Pgm (Reqd by Va and CDC Moratorium Rules)

Managed to get Eviction DISMISSED BUT:

How can I force them to cooperate with RRP before resource pool is depleted!

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

The likelihood to force anyone to do anything these days is slim to none. You may be able to file a formal complaint against the landlord with the Office of the Virginia Attorney General in Richmond, VA.

1 Answer | Asked in Estate Planning for Virginia on
Q: In Virginia, are sons of deceased sister valid heirs to her brother's estate-no will, no kids, no parents, and unmarried

My mom passed away a few months before my uncle, but we have been advised that my brother and I are valid heirs. I read about the 120 hour rule, but that does not seem to apply here, because my mom has living sons. He had three sisters, including my mom. One of the two living sisters is... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Apr 30, 2021

The course of descents in Virginia is set forth in Virginia Code Section 64.2-200 as follows:

"1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving...
Read more »

1 Answer | Asked in White Collar Crime for Virginia on
Q: My wife is being investigated for Medicaid fraud and we cannot afford a lawyer
Joseph Abrams
Joseph Abrams answered on Apr 29, 2021

If you cannot afford an attorney, request that the court appoint counsel in the case. Your wife has the right to appointed counsel if she cannot afford an attorney. Other options would to be explore discounted or pro bono attorney services.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: How can I get a subpoena without a lawyer? May I object to questions on interrogatories due to dress?

How can I get a subpoena without a lawyer?

May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him

Sonja Aoun
Sonja Aoun answered on Apr 29, 2021

In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord sent certified letter saying she sold the property and wants us to move out. Am only 1 1/2 years into 3yr lease

Is this legal? Especially with covid?

Steven Krieger
Steven Krieger answered on Apr 28, 2021

Selling a property is not a reason to terminate a lease unless there is a specific provision in the lease agreement, so I don't believe you have to leave. If you want to leave early, it sounds like the landlord is willing to agree to a release and maybe even pay you to leave, but if you want... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: My fiancé signed a lease of a trailer in a mobile home park but are now finding issues that we had no knowledge of.

We just found out the air ducts in our home are pulled out of place and two rooms are not getting the air (it’s literally just pouring AC out under the home), and many other small things that weren’t noticeably to the eye during a walkthrough

F. Paul Maloof
F. Paul Maloof answered on Apr 28, 2021

Your course of action is to call the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal Complaint.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord (who denies being my landlord) is not respecting my rights as a tenant. What should I do?

We ran into a lot of issues. The septic line had a tree root growing in it, we lost all bathroom utilities for weeks and he suggested showering at a college not too far from my house and using the bathroom at our neighbors house because it’s a “pricey” project. Our ceiling in our kitchen is... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 27, 2021

The facts as you reported them seems like an situation of uninhabitability. You should contact the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal complaint. An inspector will come to the premises and if the inspector finds Code violations,... Read more »

Q: What type of evidence or witnesses is a defendant limited to , if any ?

Example: defendant is charged with embezzlement by their employer. Defendant has been falsely accused amd is suspicious of being framed by employer . A former employee was also accused of same crime.can defendant reach out to question them? Can defendant question employees that worked there after... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 26, 2021

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Estate Planning for Virginia on
Q: Is it illegal to hold someone else's property against his or her will if they ask for it back?
James H. Wilson Jr.
James H. Wilson Jr. answered on Apr 24, 2021

A Virginia resident can file a Warrant in Detinue for the return of specific personal property or its fair market value. A person who converts another's property to his or her own use has committed the tort of conversion. If someone takes someone else's property with the specific intent... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: I owe over 14,000 in child support arrears and our kids are all over 19. Can i get it reduced or waived?

Most of the arrears that i owe is because i was out of work because i could not afford to work. The first couple of years that i paid child support my bring home checks after taxes and child support was deducted i only brought home $0.14 a week. Is there anything i can do?

Sonja Aoun
Sonja Aoun answered on Apr 23, 2021

A court cannot grant you relief from an arrearage in child support. It is very important to make sure you making at least some contribution to the debt so you are not held in contempt of court. If your wages are being garnished, there are limits to the amount that can be withheld by law. An... Read more »

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