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Virginia Questions & Answers

1 Answer | Asked in Adoption for Virginia on

Q: What forms do I need to file a step parent adoption in Virginia

Michael Christopher Miller answered on Jun 18, 2019

A petition and draft order will get you started.

See Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on

Q: Where to file a complaint against property management company as a owner of the property in VA?

Hi, my lousy tenant vacated at the end of the lease term and I switched my property management company due to the bad experience with the previous one. The previous property management company has colluded with the tenant and wants to favor the tenant. My property repair work hasn't been done... Read more »

F. Paul Maloof answered on Jun 18, 2019

The only way to bring a complaint against the property management company is to file a lawsuit in Court. I am unaware of anything that is done in your situation by HUD or NARPM. If you file a lawsuit in Virginia, you are subject to appearing in court to prosecute your case. There are no remote... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on

Q: I'm a govt contractor who's company is in PA. Do I need to call the VA workers comp?

I am a contractor and my company is in PA. I fell at work and they use a private company (AIG) for their workers comp. Do I need to also inform the VA workers comp?

Jerry Lutkenhaus answered on Jun 18, 2019

Virginia would only have jurisdiction of your case if your company regularly has two or more employees working in Virginia and the accident occurred there. Of course, if you are not an employee, then you are not covered by workers compensation insurance unless you insure yourself.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: My ex and I broke up. I want him to leave. I just realized our landlord never signed our lease. Is our lease valid?

My landlord is willing to do whatever to get him out. Does this make our lease an oral lease?

Richard Sternberg answered on Jun 17, 2019

The lease can be enforced against anyone who signed it, and it might be enforceable if the intent to have a signed, written lease is apparent on the facts, such as emails, endorsing deposited rent checks, etc.

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on

Q: My 16 year old son got caught with someone that had beer and weed on them what will happen

The cops just called for me to go pick him up

Paula Hough answered on Jun 17, 2019

Was your son charged? If not, nothing will happen to him. If he was charged, you should reach out to an attorney for advice and a consultation regarding the charge(es). Both underage possession of alcohol and possession of marijuana are criminal misdemeanor charges.

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Virginia on

Q: What probable cause is needed to arrest a medical provider for credit card fraud? What about criteria for conviction?

Need guidance on arrest for credit card fraud that I did not commit. I have a clean record and work as a licensed therapist. I own a solo private practice in VA. Last week, I was unexpectedly arrested at home. I was handcuffed in my kitchen and escorted to the police car in the street (blocking... Read more »

Bruce Alexander Minnick answered on Jun 16, 2019

Great story, great defenses. Tell everything to a lawyer.

1 Answer | Asked in Personal Injury and Civil Rights for Virginia on

Q: What can I do?? I need help.

I have raised my grandchildren ages 3 &6.

Since the day they were born. A CPS worker took my grandchildren from me and placed them in foster care bcuz im a felon. I made a mistake 15years ago and I paid my debt. I changed my whole life around. She discriminated against me and bcuz of her... Read more »

F. Paul Maloof answered on Jun 15, 2019

I regret that I do not handle domestic relations case, personal injury cases or civil rights cases. Sorry.

1 Answer | Asked in Criminal Law for Virginia on

Q: If someone was on video taking from a pawn shop and admited to officer on phone What do they do next?

Officer called and wants to get item and take it back to pawn shop after I call him back at 330 tomorrow. What should I do? I don't know if charges are filed. I figure no if officer told me on phone to call tomorrow. He said not to go or contact pawn shop. I'm a regualr there. They know me well.... Read more »

Bryan J. Jones answered on Jun 14, 2019

The officer is likely trying to get you to incriminate yourself. It seems like you'll probably be charged with theft.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Is my landlord in breach of contract if rented me a house with an inground pool that he knew was broken and withheld it

I rented a 6 bedroom house with an inground pool, poolhouse, in law suite so that I may entertain my family for holidays, cook outs pool partyies. I 5 months Ive paid 14,000 and I still have no pool. Landlord knew pool was broke and deliberately withheld this information. It is only myself and my... Read more »

F. Paul Maloof answered on Jun 13, 2019

A breach of he lease would depend on proof that the landlord "knew" or "was aware" that the in-ground pool was broken on the date the lease was entered into by the landlord and the tenant.

1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Car Accidents for Virginia on

Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation determined fault... Read more »

Peter N. Munsing answered on Jun 12, 2019

Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with... Read more »

1 Answer | Asked in Immigration Law for Virginia on

Q: The NVC can't locate my mother's approved petition(i-130) that USCIS sent them more than 6 months ago. What to do?

Several times I contacted USCIS and NVC. USCIS says that they sent it and I need to contact NVC while NVC says I need to contact USCIS. Also, I wrote to Senator and Congressman, they both contacted them and got the same results. It has been over 6 months now since USCIS sent my mother's approved... Read more »

Hector E. Quiroga answered on Jun 12, 2019

Someone is not trying hard enough. We recommend that you contact an immigration attorney for assistance.

1 Answer | Asked in Probate and Estate Planning for Virginia on

Q: My spouse died without a will. He has 2 minor children with me and 1 minor child with another women.

Do I the spouse inherit his sole property and our joint property. Do i have to go to court to change everything to my name and close his accounts.

Ross Cameron Hart answered on Jun 12, 2019

I'm sorry for your loss. You need to see an experienced probate lawyer quickly - there are several different ways this could turn out as to property in his sole name. Assuming the 'joint' property was with survivorship, then that is yours but there is some simple paperwork that may need to be... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Is it legal for my landlords to break my lease? Even though I've paid on time and kept good care of my rental.

We have lived here for 2 years and 4 months we have a year lease ending in February. We have had many issues with our rental including us finding out we have no drain field. I have stressed my issues and it is illegal to not have one in Va. So my landlord just told us today he wants us out come... Read more »

F. Paul Maloof answered on Jun 12, 2019

It depends on what the lease provides. Generally, residential leases provide that either the landlord or the tenant may give the other a 60 day notice to terminate the lease. If this provision is stated in your lease, it sounds like the landlord has the right to terminate the lease if the landlord... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on

Q: What can I do cps lied

They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... Read more »

F. Paul Maloof answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: My speeding ticket says my fine is $61 dollars in total, but paying online shows i owe $125. Is there something wrong?

Also my copy of my speeding ticket doesnt have a signature.

Paula Hough answered on Jun 11, 2019

The additional fees are for court costs.

1 Answer | Asked in Immigration Law for Virginia on

Q: cost/time of getting my Dominican Republic girlfriend here I Virginia?

the love is mutual and we no longer want to be apart. She has two sister's already in the states if that has an advantage for our situation

Denise Anderson answered on Jun 11, 2019

There are different Immigration rules that would be applicable to your girlfriend coming to the United States. Absent knowing more information regarding you and your girlfriend I can't provide any specific guidance. Information such as: are you a U.S Citizen or a green card holder, what is your... Read more »

2 Answers | Asked in DUI / DWI for Virginia on

Q: How long after getting a DUI can u be charged with driving on revoke DUI. Isnt there a statue of limitations on a DUI.

Does your fine have to be payed off for the statue of limitations to be in effect

Daniel P Leavitt answered on Jun 11, 2019

In Virginia you can get charged with driving on a suspended license after a DUI anytime before you get your license reinstated. Once your license is reinstated then you're not driving on a suspended license. If you don't get it reinstated then you always risk driving on a suspended license. There... Read more »

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2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Virginia on

Q: If an employer garnished employees pay based on a frivolous instrument, is that employer liable?

F. Paul Maloof answered on Jun 10, 2019

An employer may only withhold and garnish wages based on a Court's order that is stated in a Garnishment Summons. Not sure what you mean by frivolous instrument.

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on

Q: Can a VA Condo Assoc.’s BOD purge information in an individual unit owner’s file w/o that owner’s knowledge & consent?

I own one of the 200+ units in a Condominium Association in Virginia. The individual records of each unit are kept in the on-site management office. My friend & neighbor recently told me that about a month ago she examined the file for her particular unit & noticed it contained documents dating... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In addition to that general rule, please understand that this particular question should best be answered by your "friend & neighbor;... Read more »

1 Answer | Asked in Small Claims and Contracts for Virginia on

Q: Received a warrant of debt for a repair but I didn't agree on the terms. Any way to fight the claim?

I asked a company for an estimate on repairs. Instead they came & did the repairs. I have contested part of the bill as unknown terms. They want me to pay for their workers to load & unload the materials at their shop. A reasonable amount was offered & had to be in installments. I do not have the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

Either pay the amount claimed, negotiate a compromise and pay that or hunker down and wait.

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