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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Internet Law and Civil Litigation for Virginia on
Q: Concerned about default judgment in Virginia DMCA case without personal identification details.

I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More

3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 24, 2025

You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More

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3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.

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1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on
Q: How do I verify my name in legal documents related to a conviction?

I'm trying to find out if my name is included in legal documents related to a conviction. How can I verify this, and what steps should I take if I find out I am listed in these documents?

David G. Parker
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answered on Mar 12, 2025

If you were a defendant, your name would be listed in the charging documents. If you were a victim, your name might also be listed in the warrant's or indictment's charge description. You could start with a state-wide search for criminal records (https://www.vacourts.gov/caseinfo/home)... View More

1 Answer | Asked in Appeals / Appellate Law, Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can my cousin appeal a 6-month jail sentence after accident?

My cousin was driving his car when the engine suddenly malfunctioned and exploded, causing him to hit a man who was drinking nearby. Although the man was severely injured, he is now recovering. My cousin has been sentenced to six months in jail for being 'careless.' There were cameras at... View More

Amy McMullen Harber
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answered on Mar 1, 2025

Regarding the jail sentence: there are very specific timelines associated with appealing criminal convictions. Your cousin should speak to a criminal defense attorney about what options are available in his specific situation.

Regarding the civil demand for money: if your cousin had...
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2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Richard Sternberg
Richard Sternberg
answered on Feb 17, 2025

You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Amy McMullen Harber
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answered on Feb 17, 2025

Your insurance company has likely assigned your claim to a subrogation adjuster or attorney to try to collect their costs & your deductible from the responsible party. The first thing I would do is reach out to your carrier to find out the status of the subrogation process as it can take many... View More

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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Litigation for Virginia on
Q: Will I get a ticket (or worse?) for stopping too close to a school bus because I didn't realize it was stopping twice?

Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More

David G. Parker
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answered on Feb 6, 2025

Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.

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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

Jan F Hoen
Jan F Hoen
answered on Aug 30, 2024

If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a...
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1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How do I collect fees owed me from an attorney who won't pay? (Virginia)

I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.

Can I complain to the Virginia Bar? Or is a civil... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More

2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it wise to have a pro bono attorney stand up to a Fortune 500 business?

Would it be best to hire an Attorney to fight a tort issue with a Fortune 500 Company?

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Attorney of all levels of skill and experience volunteer time to work at legal clinics and other agencies--both public and private--on a pro bono basis. If you meet the agency's criteria for indigency and are provided access to an attorney for pro bono legal representation, it's fairly... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: How much notice do the courts have to give me if summoning me from another state?

I received papers on March 18 saying I have to be in court in another state on the March 28. Am I expected to get there with 10 days notice ?

James L. Arrasmith
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answered on Mar 22, 2024

The amount of notice required when being summoned to court from another state can vary based on the type of case and the specific laws of the state where the court is located. Generally, courts are supposed to provide reasonable notice for individuals to prepare and travel for the appearance. Ten... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Virginia on
Q: can abingdon regional jail cut a inmate off suboxone cold turkey?
James L. Arrasmith
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answered on Feb 23, 2024

Abingdon Regional Jail may have policies and procedures in place regarding the administration of medications, including controlled substances like Suboxone. However, abruptly discontinuing Suboxone without proper medical supervision and a gradual tapering schedule can pose significant health risks... View More

3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 7, 2024

A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More

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3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: What can I do about someone going to my coops and letting my poultry out and messing around in my buildings?

I have one to two people that keeps letting my poultry out and feeding them dog food knowing it will kill my goats and other animals I've told them numerous times to stop and they continue to do so what do I need to do

James L. Arrasmith
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answered on Jan 24, 2024

If someone is repeatedly entering your property, letting out your poultry, and potentially endangering your animals by feeding them harmful substances, you have several legal options to consider. Firstly, it's important to document these incidents meticulously. Keep a record of each... View More

2 Answers | Asked in Civil Rights, Family Law, Civil Litigation and Libel & Slander for Virginia on
Q: Is this grounds for a civil lawsuit for my mother?

My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Virginia, the situation your mother is facing with her ex-husband and his new wife sending harassing messages and posting negative comments about her could potentially be grounds for a civil lawsuit. Harassment and defamation (if the statements made are false and damaging to her reputation) are... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: Do have I have a chance to with suing a friend for $9k they borrowed? plus court and lawyer fees? I a have text messages

I borrowed a friend 9k with a promise that they would repay the full 9k and 20% interest. It’s now over a year and they keep giving me the run around. At this point I do not care about the 20% interest, I just want my money back. I have multiple texts messages about the money and their promises... View More

Steven Krieger
Steven Krieger
answered on Dec 15, 2023

Yes, you should be able to make a viable claim based on the text message exchange for the $9k and interest, but no attorney's fees unless that was also included in your messages. If the agreemenet was made while everyone was in Virginia, you should be able to sue in Virginia. If you decide to... View More

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