Virginia Questions & Answers by Practice Area
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Virginia Questions & Answers
Q: Can I terminate my lease because my landlord refused to give me another accommodation while making repairs?
F. Paul Maloof's answer
Under the Code of Virginia, the situation you describe does not give you the right to terminate your lease.
Under the Code of Virginia, the situation you describe does not give you the right to terminate your lease.
Q: Landlord has not replaced/repaired refrigerator
F. Paul Maloof's answer
The Code of Virginia does not address a refrigerator matter like the one you described. I suspect there is nothing in the lease that addresses a problem like the one you described. The only way to reach an answer is to file a lawsuit against the landlord and have a judge decide the questions and your claims. You may want to confer with a lawyer who practices near your residence in Yorktown, VA. My office is in Alexandria, VA.
The Code of Virginia does not address a refrigerator matter like the one you described. I suspect there is nothing in the lease that addresses a problem like the one you described. The only way to reach an answer is to file a lawsuit against the landlord and have a judge decide the questions and your claims. You may want to confer with a lawyer who practices near your residence in Yorktown, VA. My office is in Alexandria, VA.
Q: Am I responsible for damage to a car my 14 year old accidentally caused? Wouldn't the owners insurance cover the damage?
F. Paul Maloof's answer
The answer will depends on what your auto policy coverage states. You should contact your auto insurance agent or the insurance company and ask your questions about coverage.
The answer will depends on what your auto policy coverage states. You should contact your auto insurance agent or the insurance company and ask your questions about coverage.
Q: If my DBA (in retail) is a term already being used by a non-profit (who hasn't trademarked it) can I still use it?
Benton R Patterson III's answer
Even though the name is not federally registered, the owner may have common law rights to the name as a trademark. An attorney would need to review the how the term is being used, the proposed trademark, and possibly perform a trademark search to determine if the term is clear.
Even though the name is not federally registered, the owner may have common law rights to the name as a trademark. An attorney would need to review the how the term is being used, the proposed trademark, and possibly perform a trademark search to determine if the term is clear.
Q: Does Virginia require an examination by their drs to close a workers comp case.
Jerry Lutkenhaus' answer
I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5 cents per mile. She can decline but I would talk this over with an experienced workers compensation lawyer first before she did this.
I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5 cents per mile. She can decline but I would talk this over with an experienced workers compensation lawyer first before she did this.
Q: Can I return to work, different/same position, while waiting to see a doctor? Or while waiting to be approved?
Jerry Lutkenhaus' answer
If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers' Compensation law.
If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers' Compensation law.
Q: If a landlord fails to do a final move out inspection within 72 hours of taking back possession is there a penalty?
F. Paul Maloof's answer
This provision will be found in your lease and not in the Code of Virginia. If it is not in your lease, you may need to go to court to seek redress.
This provision will be found in your lease and not in the Code of Virginia. If it is not in your lease, you may need to go to court to seek redress.
Q: My aunt's husband passed away in another state. His family has taken the truck and house. There is no will.
John Andrew Maghamez's answer
I can't really answer without knowing that states laws but when someone dies without a will they are said to have died intestate. At that point state law dictates in Virginia that everything they have goes to their spouse if it is the same person who they had all their kids with.
I can't really answer without knowing that states laws but when someone dies without a will they are said to have died intestate. At that point state law dictates in Virginia that everything they have goes to their spouse if it is the same person who they had all their kids with.
Q: Balcony door and windows has been covered with playwood for 4 months with no access to natural light due reconstructions
F. Paul Maloof's answer
When you moved into the apartment, you manifested your agreement to accept the condition of the premises in that condition. If sued the landlord, it is possible you will not succeed. You should never have moved onto the premises in that condition. The Latin term, caveat emptor, (buyer, or tenant in your situation, be aware) applies to your situation.
When you moved into the apartment, you manifested your agreement to accept the condition of the premises in that condition. If sued the landlord, it is possible you will not succeed. You should never have moved onto the premises in that condition. The Latin term, caveat emptor, (buyer, or tenant in your situation, be aware) applies to your situation.
Q: Hello my name is Jeff. My mother passed away this year.I was her care provider living in her home for the last 10 years
Robert R Weed's answer
You can file Chapter 13 which will give you five years to catch up the house. Obviously that only works if you have income. (And you are only eligible if you have regular income, too, but hope you will soon enough.)
Chapter 7 could stop the foreclosure for a few months, maybe long enough to get work, BUT that only works if there's NO EQUITY in the house. Otherwise, in Virginia, the bankruptcy court sells it.
You can file Chapter 13 which will give you five years to catch up the house. Obviously that only works if you have income. (And you are only eligible if you have regular income, too, but hope you will soon enough.)
Chapter 7 could stop the foreclosure for a few months, maybe long enough to get work, BUT that only works if there's NO EQUITY in the house. Otherwise, in Virginia, the bankruptcy court sells it.
Q: We have really great tenants that notified us yesterday they were separating and wanted the wife removed from the lease.
F. Paul Maloof's answer
The best and most practical way to remove one tenant from a residential lease is to enter into a Lease Modification Agreement.
The best and most practical way to remove one tenant from a residential lease is to enter into a Lease Modification Agreement.
Q: Do I need to have a court ordered custody agreement in order to file for divorce in VA?
Michael Christopher Miller's answer
No. You can file for divorce based upon a one-year period of marital separation, and ask only that the court grant the divorce and terminate the marriage with nothing more.
Note however that you may be forfeiting rights of property division, spousal support, etc. The JDR court will be able to later address custody, visitation,and child support if the need arises. But the other matters may be lost.
No. You can file for divorce based upon a one-year period of marital separation, and ask only that the court grant the divorce and terminate the marriage with nothing more.
Note however that you may be forfeiting rights of property division, spousal support, etc. The JDR court will be able to later address custody, visitation,and child support if the need arises. But the other matters may be lost.
Q: Hi, I plan to file Chapter 7. My GF sublease and payments go into my bank account. Do I have to release that info?
Robert R Weed's answer
You definitely need to account for that activity. Go over with your lawyer the best way to do that so it doesn't affect your eligiblity. I'd think you have an expense that offsets that income.
Usually only your most recent bank statement is looked at, but you can be ordered, or randomly selected, to produce 6 months of statements. So think about the best way to disclose this; do NOT try to hide it.
You definitely need to account for that activity. Go over with your lawyer the best way to do that so it doesn't affect your eligiblity. I'd think you have an expense that offsets that income.
Usually only your most recent bank statement is looked at, but you can be ordered, or randomly selected, to produce 6 months of statements. So think about the best way to disclose this; do NOT try to hide it.
Q: i got a school zone speeding ticket for doing 40. Do i have to show to college with an attorney.
Wilfred Ward Yeargan III's answer
An attorney can appear in court on your behalf. The attorney may be able to get it reduced to a non-moving violation with no points or an offense that does not go on your driving record. It can save you points on your record and increased insurance rates. Give my office a call at 703-352-9044 for a free consultation.
An attorney can appear in court on your behalf. The attorney may be able to get it reduced to a non-moving violation with no points or an offense that does not go on your driving record. It can save you points on your record and increased insurance rates. Give my office a call at 703-352-9044 for a free consultation.
Q: Do you need to bring your car to Virginia to get it calibrated or the district court just wants to see certified papers?
Wilfred Ward Yeargan III's answer
The calibration statement should be notarized under oath. The statute, 46.2-942 of the Virginia Code, states that a speedometer calibration must be "sworn." There is no requirement that it be done in the state. It can be considered for guilt or innocence and also for punishment, so it is important as mitigating evidence. My office number is 703-352-9044 if you need further assistance.
The calibration statement should be notarized under oath. The statute, 46.2-942 of the Virginia Code, states that a speedometer calibration must be "sworn." There is no requirement that it be done in the state. It can be considered for guilt or innocence and also for punishment, so it is important as mitigating evidence. My office number is 703-352-9044 if you need further assistance.
Q: What will be punishment from reckless driving, 104/70 mph Brunswick county Virginia? Can it be reduce?
Wilfred Ward Yeargan III's answer
Reckless Driving is charged as a Class 1 misdemeanor and the maximum penalty is up to one year in jail and/or a fine of up to $2,500.00. Your privilege to drive in Virginia may also be suspended for up to six months. You will not get the maximum punishment, but at that speed you may receive two weeks in jail. A jail sentence in Virginia county jails usually results in half the sentence being served. So if you receive two weeks active jail you would serve one week.
However, there...
Reckless Driving is charged as a Class 1 misdemeanor and the maximum penalty is up to one year in jail and/or a fine of up to $2,500.00. Your privilege to drive in Virginia may also be suspended for up to six months. You will not get the maximum punishment, but at that speed you may receive two weeks in jail. A jail sentence in Virginia county jails usually results in half the sentence being served. So if you receive two weeks active jail you would serve one week.
However, there...
Q: can I notorize the original birth certificate requested instead of sending the original birth certificate
1 Answer
| Asked
in
Civil Rights, Gov & Administrative Law and Health Care Law
for
Virginia
on
Answered on Sep 14, 2017
Answered on Sep 14, 2017
F. Paul Maloof's answer
I think you should ask the Institue
If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.
I think you should ask the Institue
If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.
Q: how likely am I too loose my license if I get a 18mph speeding ticket after having a reckless driving ticket a year ago?
Wilfred Ward Yeargan III's answer
Not very likely at all. Speeding 18 over the limit is a four point demerit conviction. The Reckless Driving conviction last year was six points. It is not enough points to earn an administrative suspension from the DMV. However, you may be able to limit the points assessed on the pending case by hiring a lawyer to go to court. You may be able to get it reduced to a non moving violation or an offense that does not go on your driving record. This will help you in the future if you have...
Not very likely at all. Speeding 18 over the limit is a four point demerit conviction. The Reckless Driving conviction last year was six points. It is not enough points to earn an administrative suspension from the DMV. However, you may be able to limit the points assessed on the pending case by hiring a lawyer to go to court. You may be able to get it reduced to a non moving violation or an offense that does not go on your driving record. This will help you in the future if you have...
Q: If I file for child support in VA, why did they move the hearing to CA where the other parent lives instead of here?
Michael Christopher Miller's answer
You have to go to a court that has jurisdiction over the person who is to pay support.
If the other parent is not subject to Virginia jurisdiction, the Virginia courts cannot take their money. So, the case passes to California where, presumably, the other parent is subject to the personal jurisdiction of the court, and the court can take their money.
You have to go to a court that has jurisdiction over the person who is to pay support.
If the other parent is not subject to Virginia jurisdiction, the Virginia courts cannot take their money. So, the case passes to California where, presumably, the other parent is subject to the personal jurisdiction of the court, and the court can take their money.
Q: If I receive a Magistrate summons with the code 18.2-57.2. what am I likely facing?
Michael Christopher Miller's answer
Va. Code § 18.2-57.2 is assault and battery against a family or household member.
If this is your first offense, Va. Code § 18.2-57.3 provides that "A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section." The...
Va. Code § 18.2-57.2 is assault and battery against a family or household member.
If this is your first offense, Va. Code § 18.2-57.3 provides that "A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section." The...
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