Virginia Business Law Questions & Answers

Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

2 Answers | Asked in Business Law, Civil Litigation, Collections and Contracts for Virginia on
Answered on May 24, 2018
F. Paul Maloof's answer
The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.

Q: want to know if the owner is allowed to hold on to my tips if something is not done right.

1 Answer | Asked in Employment Law and Business Law for Virginia on
Answered on Apr 12, 2018
Timothy R Johnson's answer
Depends on whether he's at least paying you minimum wage ($7.25). If not, then he can get in some big trouble for that scheme, and you may want to consult an employment law attorney. Employment law attorneys don't typically charge consultation fees, and in some cases, may take some cases on a contingency basis so your only risk is lost time.

Q: Is a license/registration required to give a three day Survival Class with one overnight camping required in Virginia?

1 Answer | Asked in Business Law, Education Law, Environmental and Gov & Administrative Law for Virginia on
Answered on Mar 29, 2018
Timothy R Johnson's answer
I can't possibly think of a department or 'professional license' that this would apply to.

If anything, the bigger issue is working out possible areas of liability such as if someone is injured while hiking or while engaged in any of the survivalist activities. You would probably want to create a liability waiver for all participants to be aware of the risks associated with the activity; requirements to follow all of your instructions including not wander off; and explain any critical...

Q: My former business partner refuses to give me the Federal tax returns for the last FY that I was co-owner.

1 Answer | Asked in Contracts and Business Law for Virginia on
Answered on Mar 22, 2018
Timothy R Johnson's answer
The easiest way is to refer to any purchase agreement for the business and see whether there are any terms that can be used for establishing your continuing right to monitor the business's financial health as it relates to the SBA loans. But if the purchase was done via a handshake agreement and cash, it makes things a little tougher.

The next legal document that might confer express rights upon you is the SBA loan itself. If you signed as the guarantor, and your partner did as well an...

Q: I want to open a video gaming cafe that sells fresh, made on the spot pizzas. Is there any law that forbids this?

1 Answer | Asked in Business Law and Business Formation for Virginia on
Answered on Mar 16, 2018
Timothy R Johnson's answer
I don't see anything particularly concerning about this business model. It's just an updated arcade that serves food. As long as you obtain all proper business permits including health permits, and establish appropriate privacy and internet security safeguards, there shouldn't be anything uniquely difficult to deal with related to legal compliance.

The only other issue could be licensing problems if you offer video games that typically expect one user per product.

Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

1 Answer | Asked in Consumer Law, Copyright, Business Law, Public Benefits and Communications Law for Virginia on
Answered on Mar 12, 2018
Timothy R Johnson's answer
You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.

Q: I have a potential dispute with an water equipment distributor.

2 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Answered on Mar 12, 2018
Timothy R Johnson's answer
At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing materials, and your own version of events to assess the strength of your case and what issues might be involved. I strongly encourage you to contact a local business/commercial attorney.

Q: In regards to a VA LLC. Can a P.O.A. Be used to represent any individual listed as a partner in the LLC?

1 Answer | Asked in Business Law for Virginia on
Answered on Mar 12, 2018
Timothy R Johnson's answer
The articles of organization and the operating agreement cannot limit the use of the power of attorney for members. If there is no prohibition on a non-member being given the POA to act on behalf of a member's part, it is most likely permissible.

(Va. Code § 13.1-1022. Management of limited liability company. . . . D. Unless otherwise provided in the articles of organization or an operating agreement, the members of a limited liability company have the power and authority to delegate...

Q: VA Non Stock Corp. Can a BOD principal appoint a primary AND a secondary proxy simultaneously? ....in same document?

1 Answer | Asked in Business Law for Virginia on
Answered on Feb 26, 2018
Timothy R Johnson's answer
In theory, sure a director could have alternate proxies based upon availability, but it should very clearly be established in any appointment forms regarding the circumstances when a proxy has the authority to operate on behalf of the principal. I have to stress that it should be VERY clear.

As for your second question, it's a matter of what happens in each vote. If everyone votes in agreement, then of course it's unanimous. If any valid proxy or principal votes against, then it's not...

Q: Virginia Non Stock Corp. Can a BOD director put a non- expiring or maybe an annual proxy in place?

1 Answer | Asked in Business Law and Contracts for Virginia on
Answered on Feb 26, 2018
Timothy R Johnson's answer
The first thing to check is the entity's articles of incorporation and by-laws to see what, if any, restrictions are placed on proxies. Generally, those rules will control the issue.

If there is nothing limiting the use of proxies, then Virginia's Non-stock Corporation Act rules on proxies applies.

A BOD director can put a proxy in place via an appointment form or other statement making clear such appointment. Without an express time limitation on the appointment, the proxy is...

Q: in the virginia circuit courts is it addissmable for a new/unknown attorney to appear at a court hearing?

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Virginia on
Answered on Feb 23, 2018
Richard Sternberg's answer
Both parties have a right to counsel, and, if it doesn’t unduly delay a case, judges will liberally permit substitution of counsel in the interests of justice, even if that means a brief delay.

Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018
Timothy R Johnson's answer
If your question is whether it is legal for a donor non-profit organization to donate any potential "profits" (funds received to be used for the organization's primary service objectives) to donee non-profit organizations, instead of the donor non-profit organization performing activities for their mission, then yes. There are no IRS or other external legal restrictions from letting the non-profit basically funnel monies into other non-profits.

There MAY be internal restrictions,...

Q: I started a Home Inspection business. Do I need to have a Registered Agent?

1 Answer | Asked in Business Formation and Business Law for Virginia on
Answered on Feb 21, 2018
Timothy R Johnson's answer
What's true is that you do require a registered agent. The registered agent can be just about anyone as long as they are designated by you to receive legal paperwork on your company's behalf. Many entity startup businesses (such as LegalZoom and a ton of "Create a S-Corp in 5 Minutes!" companies) provide registered agent services, and will send you notices of anything that they receive on your company's behalf.

You can also elect to be your company's registered agent as well (to save a...

Q: I live in VA and I worked as a consultant for a company in Florida, and they are not paying me for work performed

1 Answer | Asked in Contracts, Business Law and Employment Law for Virginia on
Answered on Feb 21, 2018
Timothy R Johnson's answer
It's not a clear-cut answer whether you can sue the company in Virginia because it can depend on what the company's contacts are with Virginia.

What is a safe bet that they can be sued in Florida since they are a Florida company, presumably engaging in business in Florida.

But to be sued in Virginia, they would need to show that they have some meaningful contacts with the state. Your consultancy work, if mostly related to business activities elsewhere other than Virginia, will...

Q: I am married & want to start a business. What can I do to ensure that my wife has no claim on it IF there is a divorce.

1 Answer | Asked in Business Law, Divorce and Family Law for Virginia on
Answered on Feb 13, 2018
Wayne E. Holcomb's answer
About the only way to do that is to have a lawyer write up a Post-Nuptial Agreement for you that you and your wife both endorse. It is a lot like a Pre-Nupt, but after the marriage. If you were to use separate money, and keep it all separate, including the work, that might also work for your purpose, but then if there was a challenge during a divorce, you'd have to work to prove all that. The Post-Nupt would be the best path in my opinion.

Q: How do you pursue buyers in Fairfax County Circuit Court who defaulted on a real estate contract?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Virginia on
Answered on Feb 12, 2018
Richard Sternberg's answer
First, you need a lawyer to review the contract. Many contracts in Fairfax provide that the damages for a breach by buyer is limited to the earnest money deposit. Not all contracts are the same, and all can be modified, but if you signed that clause, it is enforceable. Many lawyers provide discounted initial consults to help guide you.

Q: What are my rights living in a home since 7-17 with my gf that her parents own? They told me an 1hr ago I have to leave.

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Landlord - Tenant for Virginia on
Answered on Feb 12, 2018
F. Paul Maloof's answer
If you have a written lease with the parents, your rights are contained in the written rental agreement. If you are a guest only, the owner of the Premises has the right to demand you leave.

Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for Virginia on
Answered on Dec 20, 2017
Robert R Weed's answer
You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge. The bankrutpcy judge cares about that full time. So it seems to me you need to talk to a bankruptcy lawyer.

Q: What can I do if a recall has left my car undrivable for 5 months?

1 Answer | Asked in Personal Injury, Products Liability, Business Law and Lemon Law for Virginia on
Answered on Dec 19, 2017
Peter Munsing's answer
Contact the Center for Automotive Safety, see if there is any class action or bad faith action for such conduct--they should,at a minimum, authorize a rental.

Q: My car was repossessed. My finance company will not allow me to pay the prior amount due to reinstate. How do I resolve?

2 Answers | Asked in Banking, Business Law, Civil Litigation and Consumer Law for Virginia on
Answered on Nov 27, 2017
F. Paul Maloof's answer
You have a right to sue the finance company for breach of your contract and violating your rights. You can also call the office of the Attorney General for Virginia and file a complaint.

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