Virginia Questions & Answers by Practice Area
- Bankruptcy
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
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- Juvenile Law
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- Landlord - Tenant
- Legal Malpractice
- Lemon Law
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Virginia Questions & Answers
Q: What happens if landlord doesn't give me required notice of right to be present at move-out inspection in Virginia?
F. Paul Maloof's answer
The Tenant has a right to bring a claim against the Landlord for breach of the lease if no notice was given for the move out inspection and no security deposit was returned to the Tenant. If you sue, you will have the burden of proof of show the Judge you are correct regarding your claim. If the claim is for less that $5,000, you can file a small claims case, which is easier to prove and no lawyers are involved.
The Tenant has a right to bring a claim against the Landlord for breach of the lease if no notice was given for the move out inspection and no security deposit was returned to the Tenant. If you sue, you will have the burden of proof of show the Judge you are correct regarding your claim. If the claim is for less that $5,000, you can file a small claims case, which is easier to prove and no lawyers are involved.
Q: In civil cases, does the judge or jury know most of the information that came out during discovery about each side?
F. Paul Maloof's answer
It will depend on how the information that was garnered during discovery is presented to the judge or jury.
It will depend on how the information that was garnered during discovery is presented to the judge or jury.
Q: Revoke bond
Timothy J. Quick's answer
A prosecutor can ask for anything, but that does not necessarily mean the prosecutor is going to get it. I think a prosecutor would be hard-pressed to convince a judge that your bond should be revoked because you want to exercise your absolute constitutional right to go to trial if you have not violated any of the terms of your release. You should make sure you have a good criminal defense attorney to assist you with this, however.
A prosecutor can ask for anything, but that does not necessarily mean the prosecutor is going to get it. I think a prosecutor would be hard-pressed to convince a judge that your bond should be revoked because you want to exercise your absolute constitutional right to go to trial if you have not violated any of the terms of your release. You should make sure you have a good criminal defense attorney to assist you with this, however.
Q: I spaced out on adding one of my creditors to my bankruptcy filing. Can I file an amendment?
L. Ilaine Upton's answer
Yes, if the case hasn't been discharged yet. You will need to pay the bankruptcy $31 to add the creditor, and follow the court rules to notify the creditor of the addition. The court requires to file the amended schedule and an amendment cover sheet. You need to send the creditor a copy of the amended schedule, and a copy of the notice of meeting of creditors. Mail it to the address for sending notices, not the address for payments, if those are different.
Yes, if the case hasn't been discharged yet. You will need to pay the bankruptcy $31 to add the creditor, and follow the court rules to notify the creditor of the addition. The court requires to file the amended schedule and an amendment cover sheet. You need to send the creditor a copy of the amended schedule, and a copy of the notice of meeting of creditors. Mail it to the address for sending notices, not the address for payments, if those are different.
Q: Is there any way child support could be extended while my child is in college in Virginia without me agreeing to it?
Sharon R. Moss' answer
If you are not in arrears on your child support payments, then if the child support order was issued in Virginia, your obligation to pay child support should terminate upon the child turning 18 and having graduated from high school. If there is no agreement otherwise between you and your ex, then your obligation should be over based on the information you have provided. Please speak to an attorney to get more specific advice on your situation.
If you are not in arrears on your child support payments, then if the child support order was issued in Virginia, your obligation to pay child support should terminate upon the child turning 18 and having graduated from high school. If there is no agreement otherwise between you and your ex, then your obligation should be over based on the information you have provided. Please speak to an attorney to get more specific advice on your situation.
Q: Can I request a set of interrogatories without having an attorney
Sharon R. Moss' answer
Yes, if you are representing yourself you have the right to issue Interrogatories and Requests for Production of Documents in the case as well.
Yes, if you are representing yourself you have the right to issue Interrogatories and Requests for Production of Documents in the case as well.
Q: plea deal changed my simple possession to possession of paraphernalia but on courtbar it still says sim. pos. why?
G. Rex Flynn Jr.'s answer
You should contact your previous attorney, or go to the clerk's office for the most specific answer to your question. Courtbar.org appears to link to the Virginia Supreme Court's website, which I am very familiar with. When you pull up your case, under "charge information" it will have "possession of marijuana," correct? But, if you look directly below that field, and go down three other fields, you should see a field titled "Amended Charge." In THAT field, you should see, "possession of...
You should contact your previous attorney, or go to the clerk's office for the most specific answer to your question. Courtbar.org appears to link to the Virginia Supreme Court's website, which I am very familiar with. When you pull up your case, under "charge information" it will have "possession of marijuana," correct? But, if you look directly below that field, and go down three other fields, you should see a field titled "Amended Charge." In THAT field, you should see, "possession of...
Q: What do I do if I’ve been charged for lying to a police officer when I didn’t really lie to them?
G. Rex Flynn Jr.'s answer
If you have been charged with a crime, the burden of persuasion before the court if on the Government. In other words, the government has to convince the judge / jury that there is no reasonable doubt that you lied to them. That is an extremely high burden to meet. Obviously, preparation of a defense in a situation that you describe requires the time and attention of an attorney, and you should contact an attorney to sit down and talk with them about the specifics of your case, so that you...
If you have been charged with a crime, the burden of persuasion before the court if on the Government. In other words, the government has to convince the judge / jury that there is no reasonable doubt that you lied to them. That is an extremely high burden to meet. Obviously, preparation of a defense in a situation that you describe requires the time and attention of an attorney, and you should contact an attorney to sit down and talk with them about the specifics of your case, so that you...
Q: Sentencing guidelines for 3rd larceney charge in va
G. Rex Flynn Jr.'s answer
This is not something that can be answered without meeting with an attorney, one on one. The sentencing guidelines take into account some extremely specific information about the person to be sentenced, including the number of current charges, the number and nature of the previous charges and a lot of information that are specific to the person being sentenced. The purpose of the guidelines are to create a sentencing range to recommend to the judge about the specific defendant. That...
This is not something that can be answered without meeting with an attorney, one on one. The sentencing guidelines take into account some extremely specific information about the person to be sentenced, including the number of current charges, the number and nature of the previous charges and a lot of information that are specific to the person being sentenced. The purpose of the guidelines are to create a sentencing range to recommend to the judge about the specific defendant. That...
Q: A company I did work for as an independent contractor is withholding over $6000. How can I get paid what I am owed?
Salim U. Shaikh's answer
When will they pay? Is there any clause to withhold payment, if so, what's the basis of withholding payment? Please ask them specifically and get a categorical response.
When will they pay? Is there any clause to withhold payment, if so, what's the basis of withholding payment? Please ask them specifically and get a categorical response.
Q: Question on Unlawful Detainer Summons
F. Paul Maloof's answer
Depending on the Court, the first return of the claim is to ask the defendants/tenants (if they appear for the hearing) if agree or disagree with the claims. If they disagree, the judge will set it for a trial on another date, which may be in one week or two weeks at the most. If the tenants do not show up, you can ask for immediate possession and must give the judge a copy of the 5 day notice, the original lease and a written accounting of the money you are claiming for back rent, etc. The...
Depending on the Court, the first return of the claim is to ask the defendants/tenants (if they appear for the hearing) if agree or disagree with the claims. If they disagree, the judge will set it for a trial on another date, which may be in one week or two weeks at the most. If the tenants do not show up, you can ask for immediate possession and must give the judge a copy of the 5 day notice, the original lease and a written accounting of the money you are claiming for back rent, etc. The...
Q: My adult children's father passed,away in carrollton va. fathers name & live in girlfriend is on estate.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Virginia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Richard Sternberg's answer
Someone needs to pay for a legal consultation and potentially an investigation before the house is sold. You need a title search and a court record search for a Will.
Someone needs to pay for a legal consultation and potentially an investigation before the house is sold. You need a title search and a court record search for a Will.
Q: Tenant filed for bankruptcy prior to entering into a lease agreement, can they avoid being evicted for not paying rent?
F. Paul Maloof's answer
You need to contact a bankruptcy attorney. I do not handle that type of work. Sorry.
You need to contact a bankruptcy attorney. I do not handle that type of work. Sorry.
Q: What will happen to my insurance after a DUI?
Stephen Patrick Pfeiffer's answer
The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.
The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.
Q: Can you receive back child support if there was no court order ?
Michael Christopher Miller's answer
Support may only be retroactively applied back to the date a petition for support was filed.
Support may only be retroactively applied back to the date a petition for support was filed.
Q: I was living with my husband for 27 years. We been separated for 5 years. Can I still request spousal support ?
Sharon R. Moss' answer
Has there been any order of the court with regard to spousal support up until now? If not, then you should be able to request it, but it will depend on the circumstances of your situation whether or not it would be allowed. Please speak to an attorney for more specific advice on your situation.
Has there been any order of the court with regard to spousal support up until now? If not, then you should be able to request it, but it will depend on the circumstances of your situation whether or not it would be allowed. Please speak to an attorney for more specific advice on your situation.
Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.
1 Answer
| Asked
in
Family Law, Child Custody and Civil Rights
for
Virginia
on
Answered on Jun 13, 2018
Answered on Jun 13, 2018
Gary Kollin's answer
Why doesn't your fiance file criminal charges or seek a restraining order?
Why would you be at his place?
Go to court in your divorce proceedings and get judicial involvement in child visitation.
Consult with a lawyer whether you may record the conversations since it is made openly with no expectation of privacy.
Why doesn't your fiance file criminal charges or seek a restraining order?
Why would you be at his place?
Go to court in your divorce proceedings and get judicial involvement in child visitation.
Consult with a lawyer whether you may record the conversations since it is made openly with no expectation of privacy.
Q: What is the best course of action to take when a bumper to bumper accident occurs and your car is at the back?
Jan F Hoen's answer
The injury claim will be handled by your insurance company. They will not provide you with an attorney to handle the traffic case.
Your wife can either appear and contest the charge on her own or hire counsel.
The injury claim will be handled by your insurance company. They will not provide you with an attorney to handle the traffic case.
Your wife can either appear and contest the charge on her own or hire counsel.
Q: Can you get the divorce, which we are both consenting to, and then deal with E.D. after since one is contesting E.D.?
Wayne E. Holcomb's answer
In short, yes. But is no one's contesting equitable distribution, why not just wrap it up at the same time? I am assuming that a hearing will not be necessary for the distribution, so it's not difficult for your Counsel to deal with both at the same time. I say all this without knowledge of your specific facts however. I recommend contacting a local family lawyer soonest, and getting into the details. Our best to you.
In short, yes. But is no one's contesting equitable distribution, why not just wrap it up at the same time? I am assuming that a hearing will not be necessary for the distribution, so it's not difficult for your Counsel to deal with both at the same time. I say all this without knowledge of your specific facts however. I recommend contacting a local family lawyer soonest, and getting into the details. Our best to you.
Q: what is the law for serving by publication out of state
Michael Christopher Miller's answer
Service by publication is the last resort for service when one cannot find the person to be served.
Provide the GAL your address so the GAL can serve you directly.
Also, file your address with the court(s) so no one can say they don't know where to serve you.
Service by publication is the last resort for service when one cannot find the person to be served.
Provide the GAL your address so the GAL can serve you directly.
Also, file your address with the court(s) so no one can say they don't know where to serve you.
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