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Virginia Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved out before the end of the lease and keep paying rent but the landlord does not look for a new tenant. Can I sue?

The landlord started renovating the apartment instead of looking for a new tenant.

Ross Cameron Hart
Ross Cameron Hart
answered on Jan 29, 2023

You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Hi For the past year I have been bullied and harassed by my wife to agree to her divorce and now i am under duress

My wife filed a false protection order then false claims I broke the protection order and I have text messages from her to our kids that if i sign her papers she will remove everything. I just recieved papers from her lawyer to sign but I do not agree however my wife holds control over me through... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

I recommend you not sign or agree to anything until you have retained your own lawyer to advise you.

1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... Read more »

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone with a nonviolent drug felony visit a home where the homeowner owns guns. In Virginia.

My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 25, 2023

It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: how do I get a divorce based on adultery
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 17, 2023

A divorce is initiated by the filing of a Complaint in the appropriate Virginia Circuit Court. A divorce based on fault must include the basic elements of the fault ground that the Plaintiff will rely on, in numbered paragraphs in the Complaint. A party or counsel signing a pleading, such as a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: have you even seen anyone receive jail time for getting two reckless driving tickets within a month of each other ?

the driver is 18 y/o and has had a clean record up until these two tickets; 90 in a 55 and 72 in a 45

Paula Hough
Paula Hough
answered on Jan 17, 2023

Yes. In some jurisdictions in Virginia, judges are giving jail sentences for excessive speed Reckless Driving charges. Your son should seek legal representation in the jurisdiction(s) in which he is charged.

1 Answer | Asked in Contracts and Collections for Virginia on
Q: How enforceable is a contract that was signed in Alabama but in confusing agreement, states it is signed in VA

I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

Without being able to read the contract, which we cannot do in this forum, nobody can give you an answer except that you should take the document to a local attorney to determine its enforceability. The likelihood is small that a mistake like that would render the contract unenforceable.

1 Answer | Asked in Real Estate Law and Estate Planning for Virginia on
Q: I would like to live in my house till I die and leave it to my son who lives with me. A neighbor said file a quick claim

I am divorced. want to file quick claim deed . Im

age 90 he lives with me now. a neighbor also said deed of gift

Richard Sternberg
Richard Sternberg
answered on Jan 16, 2023

Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... Read more »

1 Answer | Asked in Juvenile Law for Virginia on
Q: Can i (15 in a month 16) date a 23 year old legally? Im from the Netherlands and hes from Virginia.
Timothy Carignan
Timothy Carignan
answered on Jan 14, 2023

Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.

1 Answer | Asked in Wrongful Death for Virginia on
Q: My mom was a cancer survivor and was seeing her oncologist every 6 months to be sure no cancer returned. In 2018 they

Found a spot on her liver, but ignored it and told her don’t worry. Fast forward to April 2021 she was in pain and made an apt. They made her wait till late July to come in, when she did, they ran tests and she was diagnosed with stage 5 terminal cancer that had already spread to her bones and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

It depends a lot on everything that happened between 2018 and 2021, and whether the type of cancer she got was likely very curable in 2018 and 2019.

As a cancer survivor myself, I know that we hate those six-month and annual CT scans. But they are very important and universally...
Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Home buyout occurred and previous co-owner will not leave the home. How do I get them out

Inherited home. No mortgage on the house at time of inheritance. Buyout occurred late 2022 - co-owner (who is also the occupant) signed agreement stating that they would cede their ownership of the home upon closing - knew the co-owner would need time to move out, did not press for them to leave... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 12, 2023

You cannot evict a co-owner. A Partition Suit may be the only answer as apparently the so called buyout agreement should not have been entered into. A Breach of Contract action might also be filed, but the final result may not help. Consult with a VA attorney about this which may require a... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Do both parties have to sign a seperation agreement before the seperation begins?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 12, 2023

Spouses can enter into enforceable separation agreements in Virginia. The agreement must be in writing and signed by both spouses, or recited in front of a court reporter. A separation agreement is not a requirement for a divorce in Virginia, although it allows a no fault divorce based on a six... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter got a ticket for going around a vehicle, and appears to be a reckless driving charge

She is planning on take a driving improvement class before court. Is she able to ask the judge to reduce the charge? Does she need an attorney?

Paula Hough
Paula Hough
answered on Jan 4, 2023

It will depend on the jurisdiction in which she has to go to court. Different judges have different rules regaring driving schoo (i.e., for what charges school is eligible, how often in can be done, if it can be done in advance). You should reach out to a local attorney for advice.

2 Answers | Asked in Bankruptcy for Virginia on
Q: I'm a 61yr. Old widow and have never filled bankruptcy. But I believe I'm going to have to. How much is it .

Can you make payments on this

Robert R Weed
PREMIUM
Robert R Weed
answered on Jan 3, 2023

Most lawyers charge around $1500 for a simple case. There's filing fees and a required class so the totals my be around $1850.

Many lawyers will work with you on payments.

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1 Answer | Asked in Trademark for Virginia on
Q: Tatsuro & Mariya (by Smile Company Ltd.); Can You Have "Tatsuro & Mariya" Had a Trademark?

Toys, Apparel, Video Games, Books, Puzzles, Board Games, CDs, Electronics, DVDs, Party Supplies.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 29, 2022

If you are referring to the process of applying for a federally registered trademark, it depends. Trademark protection can be granted for words, designs, etc., but the mark must be unique and suitable for registration. An attorney would need to know more about your use of "Tatsuro &... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord charge a move out inspection fee
Derek Allen Colvin
Derek Allen Colvin
answered on Dec 29, 2022

Unfortunately, what someone can do, should do, and actually does aren't always the same. Assuming you paid a security deposit and the VRLTA applies, I'm not sure why the landlord wouldn't want a move out inspection. You have a right to be present during the move out inspection.... Read more »

1 Answer | Asked in Estate Planning and Public Benefits for Virginia on
Q: I believe a high pension no cash out makes me ineligible for Medicaid. My state no Miller trust to live at poverty

Level which is undesirable. Will or living trust? Any Help with elder orphan status in law firms trustee holder. Executor, financial poa esp if not a solo law office?

Richard Sternberg
Richard Sternberg
answered on Dec 25, 2022

It is difficult for me to understand your question as written, but, in any event, there is no way to analyze your situation in any usable manner without reviewing your finances, the trust, and your state's Medicaid law. There are often means to qualify for Medicaid using special needs trusts,... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Divorce when in separate states

If my spouse files for divorce in Virginia but I am about to move to another state, am I able to handle my part in the divorce from that other state. Would I hire a lawyer in Virginia? Would I have to physically appear in court or could my lawyer appear for me? What happens if I cannot afford to... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 24, 2022

Divorces easily fall into one of two categories: contested and uncontested. An uncontested divorce typically proceeds as a no fault divorce based on a signed written separation agreement between the spouses. All the incidents and consequences of the marriage have been addressed: spousal support;... Read more »

1 Answer | Asked in Personal Injury for Virginia on
Q: Can I sue the school if my child was injured in the hallway?

My child was hit in the face and received a broken and fractured tooth and a concussion. The school had no hall monitors. The so called nurse didn't evaluate her for concussion symptoms on the spot or the next few days. Here in Virginia there is a concussion law or guidelines the schools are... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2022

A Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry your child was injured. I hope she is okay. It's possible you could sue, but a law firm would want to investigate further in terms of supervision, safety and security protocols, and other... Read more »

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