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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: My daughter was arrested at court today she had ask to fight her case they are trying to force her into signing a plee

Is that legal to knowingly give a false statement and sign when it's a lie

F. Paul Maloof
F. Paul Maloof answered on Apr 19, 2021

I regret that I do not handle criminal law matters. Sorry.

2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Civil Rights for Virginia on
Q: Hi, Can you please tell me how the SOL in Virginia is calculated ? Thank you !

Hello, can you kindly please let me know how the SOL is considered in Viriginia. If the problem occured on April 15 but you did not discover the issue until May 15 , is this the date you can use to determine when the SOL ends ? I am having a challenging time finding an attorney due to complex issue... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 11, 2021

I regret that I do not handle personals injury cases in Virginia. Sorry.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Can I kick out a person renting a room from my home? No contract, violent tendencies, attempted suicide, current on ren
F. Paul Maloof
F. Paul Maloof answered on Apr 6, 2021

On March 29, 2021, the Centers for Disease Control (CDC) released an eviction moratorium order. It protects people from being evicted for not paying their rent if they complete a declaration form and give it to their landlord. This protection lasts until June 30, 2021.

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

2 Answers | Asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia on
Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Mar 2, 2021

I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Can I sue my rental property?

These “bounty hunters” came to my apartment looking for my ex. They were told that she wasn’t here and hadn’t been since September. This is when they went to the rental office and the personnel allowed maintenance to open my door and let these perfect strangers in my home. They never showed... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 20, 2021

You should make a formal complaint to law enforcement. This is a criminal matter.

1 Answer | Asked in Criminal Law, Consumer Law and Civil Litigation for Virginia on
Q: I need help on deciding whether to file a criminal or civil case. I recently bought a vehicle and was given a fake title

I bought a truck under the agreement that I would be provided a clean title. The guy gave me a complete different title then what was promised. I then found out he never registered the truck in his name therefore he would be title jumping with isn’t allowed. I believe what he did was fraud or... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 17, 2021

You can speak with a law enforcement officer and a Magistrate Judge about filing a criminal charge. You more likely have a civil complaint and you should file a complaint with the Virginia DMV.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Virginia on
Q: Judgement in va ordered to pay . Hearing that defendant ordered to pay (was not notified of the hearing)

Why no record of service at clerks office . After receiving judgement order to pay attorney fees. Not only not notified of hearing but judge wrote no reason for judgement.

F. Paul Maloof
F. Paul Maloof answered on Feb 10, 2021

In Virginia, a judge will not enter a judgment against the defendant unless there is proof of service on the defendant. You may want to go to the Court to review the file or hire an attorney to review the file for you.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I filed a civil suit against my ex and won. Am I allowed to charge him interest for being late, and if so how much?

he was already charged 6% interest for 16 days because he failed to take action and did not show up for court. If I can charge him where exactly is that listed I am keeping records of everything.

F. Paul Maloof
F. Paul Maloof answered on Jan 6, 2021

In Virginia, the legal rate of interest on a judgment is 6%. The court should award that interest on your judgment.

1 Answer | Asked in Child Support and Civil Litigation for Virginia on
Q: At my last court hearing my arrears were 7177.00 and child support was paid up to current & case dismissed w/o prejudice

If we verbally agreed with witnesses no arrears were owed.. and 5 years later after I got custody back.. can she use dcse to try to obtain arrears.. when the case was never ever thru dcse??

F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2020

I regret that I do not handle child support matters, divorce cases or any domestic relations matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: does a subpoena for all my records means i have to send my evidence to the company lawyer? Small claims court

The Judge told us we could speak to the attorney to try to work out a settlement before our next court date. The attorney asked that we email the photos we have. We did so. I carried a binder in court and in contains photos, inventory of my purchase, dates of communications with furniture store and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 8, 2020

Unless the documents are privileged such as an attorney work product privilege, the documents that are listed in the subpoena must be turned over to the attorney who subpoenaed them. You may want to hire an attorney for your side of the case.

2 Answers | Asked in Civil Litigation and Criminal Law for Virginia on
Q: Harassment, stalking, and fear for her life. Get another restraining order or do something else...

My best friend was being contacted and followed by a man she waited on a few years ago. We went and got an emergency protective order then followed it up in court to get it extended for a year. It ran out in August of this year and on tuesday of this week the messages started again. What is our... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 4, 2020

The facts that you stated relate to a criminal matter. I regret that I do not handle criminal matters and do not handle family law matters either. Sorry.

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1 Answer | Asked in Civil Litigation for Virginia on
Q: Can one have an unlawful detainer expunged from public records? If so how? Roanoke City Gen Dist. Court in 2012
F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

Only criminal convictions may be expunged. Civil judgments have to be vacated in Virginia.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Is there a statue of limitations for my ex landlord to file an abstract judgement against me?

In 2007 or 2008 my ex boyfriend and I had an apartment. I was in hospital and the rest was not paid for 1 month, I came home and had an eviction notice on my door. We only had one month left and I was now unemployed. In 2014 the landlord filed an abstract judgement against us for 0$ then in 2017... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 9, 2020

There is no statute of limitations for filing a judgment abstract. The abstract is valid and enforceable for 10 years. To extend that 10 years, the abstract can be recorded in the Circuit Court records to make it valid and enforceable for an additional 10 years.

1 Answer | Asked in Civil Litigation and Environmental for Virginia on
Q: I have a PA system installed on my car for business use. I dont have any permits for it. Will I get pulled over for one?
F. Paul Maloof
F. Paul Maloof answered on Nov 9, 2020

I regret that I do not handle vehicle law matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I rented an apartment with my boyfriend but had to break the lease a month early, years later can they take me to court

We were told since they were redoing that building that we wouldn’t owe anything for breaking the lease early (this sadly was not in writing) we rented in either 2006 or 2007 and never heard from them again until 2014. What is the statute of limitations for them to take a action against me? (The... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 8, 2020

In Virginia, the Statute of Limitations for a written contract is 5 years that runs from the date of the last payment under the contract.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2020

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: How to find an attorney to represent me in a civil case (housing related, I was discriminated as a handicap owner)?

I was a new handicap homeowner in an association in Fairfax County VA. The association began discriminating against me when forced me to disclose that I was a handicap person and for a variety of unlawful reasons denied giving me parking permit so I could not park my car in the subdivision and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 5, 2020

To find a local attorney for your case, you should call the local Bar Association on the city/county in which you reside. Ask for the lawyer referral service.

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