Virginia Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Virginia Questions & Answers
Q: If you rent property in VA, when you vacate the premises, does the landlord owe you your security deposit with interest?
F. Paul Maloof's answer
Generally in Virginia, security deposits are not interest bearing unless the residential lease states otherwise.
Generally in Virginia, security deposits are not interest bearing unless the residential lease states otherwise.
Q: How far back can a landlord go back to collect unpaid rent
F. Paul Maloof's answer
In Virginia, if there was a written lease, the limitations period is 5 years. If it was an oral agreement, the limitations period is 3 years.
In Virginia, if there was a written lease, the limitations period is 5 years. If it was an oral agreement, the limitations period is 3 years.
Q: My roommate is trying to evict me because we aren't close friends.
F. Paul Maloof's answer
In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.
In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.
Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?
Jan F Hoen's answer
A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.
A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.
Q: My question is my grandfather wants to leave me his house. But we are unsure about how to go about it. And any issues.
Thomas Woodward Ashton's answer
This is more of a wills/estate planning question. Depending on things like your age and whether or not your grandfather has clear title to the house, it may be a pretty straightforward answer. However, there are some important questions that need to be answered before you all take any action on his wish. Is there another person on the deed? How is title held? Does he have a mortgage? What is the value of the house? How old are you? And many more.
There are also tax planning questions...
This is more of a wills/estate planning question. Depending on things like your age and whether or not your grandfather has clear title to the house, it may be a pretty straightforward answer. However, there are some important questions that need to be answered before you all take any action on his wish. Is there another person on the deed? How is title held? Does he have a mortgage? What is the value of the house? How old are you? And many more.
There are also tax planning questions...
Q: My daughter's father and I had a non-legal agreement that he'd pay $500 (cash) monthly as child support.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Virginia
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
Every case is different, of course, but typically, if you ask for it the court will order child support retroactively to the date that the petition for support was filed. You should contact an attorney immediately to confirm some important details, including that the correct petition was filed and served on him, and that child support is an issue to be tried at your trial date.
Every case is different, of course, but typically, if you ask for it the court will order child support retroactively to the date that the petition for support was filed. You should contact an attorney immediately to confirm some important details, including that the correct petition was filed and served on him, and that child support is an issue to be tried at your trial date.
Q: I'm 17 and my grandparents have raised me. I want them to have full custody. Can I file a petition myself?
Thomas Woodward Ashton's answer
Unless you are an emancipated minor (in which case custody wouldn't be an issue), the answer is almost certainly no. Your grandparents may be able to file themselves, seeking non-parent custody. Or a sympathetic parent who agrees with your wishes may file to change custody. But yes, your parents could fight the petition. Most do, in these cases.
You should contact an experienced attorney immediately, to seek legal advice and protect your rights and interests.
Unless you are an emancipated minor (in which case custody wouldn't be an issue), the answer is almost certainly no. Your grandparents may be able to file themselves, seeking non-parent custody. Or a sympathetic parent who agrees with your wishes may file to change custody. But yes, your parents could fight the petition. Most do, in these cases.
You should contact an experienced attorney immediately, to seek legal advice and protect your rights and interests.
Q: I am asking for physical custody of my daughter and we went to mediation and can't agree on custody? What do I do?
Thomas Woodward Ashton's answer
You should contact an experienced attorney immediately, in order to protect your rights.
You should contact an experienced attorney immediately, in order to protect your rights.
Q: I’m 16 almost 17, how much of a say do I have to get visitation rights changed?
Thomas Woodward Ashton's answer
Custody cases across the board are usually extremely case-specific, meaning that no one answer is likely to be accurate in all apparently similar scenarios. The answer also often varies by jurisdiction and even by which judge within a particular jurisdiction hears your case. However, in my experience, the closer a child gets to 18 years old, the more influence his or her desires have on the ruling of the court. Hypothetically, assuming no other adverse circumstances which would override the...
Custody cases across the board are usually extremely case-specific, meaning that no one answer is likely to be accurate in all apparently similar scenarios. The answer also often varies by jurisdiction and even by which judge within a particular jurisdiction hears your case. However, in my experience, the closer a child gets to 18 years old, the more influence his or her desires have on the ruling of the court. Hypothetically, assuming no other adverse circumstances which would override the...
Q: I was pulled over for DUI on June 29th my court date is not until November 7th that is arraignment on August 22nd for su
Stephen Patrick Pfeiffer's answer
If you are not getting the level of representation you want you should consider hiring private counsel.
If you are not getting the level of representation you want you should consider hiring private counsel.
Q: WE ARE SELLING OUR HOME. PURCHASER FAILED TO NOTIFY LENDER OF AN ISSUE. NOW OVER A WEEK PAST CLOSING CAN WE TERMINATE
Richard Sternberg's answer
I’d need to read the contract to know the answer. Clients assume that the contracts are all the same, and they aren’t. In any event, all parties can always agree to walk away.
I’d need to read the contract to know the answer. Clients assume that the contracts are all the same, and they aren’t. In any event, all parties can always agree to walk away.
Q: LL retaliated after notice of repairs not made by refusal to accept new signed lease before he got letter
1 Answer
| Asked
in
Consumer Law, Real Estate Law and Landlord - Tenant
for
Virginia
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
F. Paul Maloof's answer
You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.
You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.
Q: Father is trustee on mother's trust. After mother's death, father took out multiple mortgages on martial residence which
Richard Sternberg's answer
You need a lawyer to review the notes and the deeds of trust or mortgages as well as the language in the trust and the applicable state law. If he had the power to use the corpus for his own needs, the daughter may be out of luck. If the notes are his and he had resources and he violated his fiduciary duties to the trust, it probably comes out his estate. In any event, they are his notes, not the daughter's, and a claim should probably be filed in his estate.
Reading an answer on the...
You need a lawyer to review the notes and the deeds of trust or mortgages as well as the language in the trust and the applicable state law. If he had the power to use the corpus for his own needs, the daughter may be out of luck. If the notes are his and he had resources and he violated his fiduciary duties to the trust, it probably comes out his estate. In any event, they are his notes, not the daughter's, and a claim should probably be filed in his estate.
Reading an answer on the...
Q: Can we sell our share of house left to two children . Sister lives in it I live out of state but need to sell my share
Richard Sternberg's answer
Tell her you are going to file a Petition for Sale in Lieu of Partition, and, when she doesn't answer in a week. hire a lawyer and do it. The statute is quite clear. In the end, the legal fees will be shared by all of the parties, and there are no defenses. The elements are (I'm doing this without the book, so I'm almost sure I'm being precise): 1) That you are a part owner; 2) that one or more part owners wish to sell; and 3) that the land cannot be partitioned. So, anything residential is a...
Tell her you are going to file a Petition for Sale in Lieu of Partition, and, when she doesn't answer in a week. hire a lawyer and do it. The statute is quite clear. In the end, the legal fees will be shared by all of the parties, and there are no defenses. The elements are (I'm doing this without the book, so I'm almost sure I'm being precise): 1) That you are a part owner; 2) that one or more part owners wish to sell; and 3) that the land cannot be partitioned. So, anything residential is a...
Q: My tenant is refuses to pay last monthls rent, but there is damage costing more than the security deposit, what can I do
F. Paul Maloof's answer
If the rent was not paid, the tenant is in default. Give tenant a 5 day notice to pay or quit. If no payment by the 6th day, file an unlawful detainer. That will get tenant's attention.
If the rent was not paid, the tenant is in default. Give tenant a 5 day notice to pay or quit. If no payment by the 6th day, file an unlawful detainer. That will get tenant's attention.
Q: I called a company to deliver 8 tons of cheap gravel for $130. When they arrived, they claimed it was $130 per ton.$1024
F. Paul Maloof's answer
If you took the delivery and signed for it, you are obligated to pay for it.
If you took the delivery and signed for it, you are obligated to pay for it.
Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go
1 Answer
| Asked
in
Banking, Civil Litigation and Collections
for
Virginia
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Q: Criminal case file
Bryan J. Jones' answer
Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.
Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.
Q: Are we required to pay our apartment complex’s collection legal fees?
F. Paul Maloof's answer
If your lease says the tenant is obligated to pay attorneys fees and collection costs, you are responsible for them.
If your lease says the tenant is obligated to pay attorneys fees and collection costs, you are responsible for them.
Q: Can my old roomate evicted me, When i have already moved out?
F. Paul Maloof's answer
Eviction is intended for a tenant who is in possession and does not depart the property voluntarily. If you already left, no eviction is necessary.
Eviction is intended for a tenant who is in possession and does not depart the property voluntarily. If you already left, no eviction is necessary.
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