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Virginia Civil Litigation Questions & Answers

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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2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on

Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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2 Answers | Asked in Personal Injury, Admiralty / Maritime and Civil Litigation for Virginia on

Q: If a marina allows larger boats to overhang their slips and a smaller boat hits the larger boat while the larger boat

is still in its slip not moving, can the marina be sued? So the question is about liability issues a marina might encounter

by allowing boat overhang in the slips.

annegwynn1@gmail.com

Timur Akpinar answered on Jun 5, 2019

The degree of overhang could be a factor. If the smaller boat was moving, it's likely that it would be confronted by the argument that the other vessel was not moving. Maritime law applies a presumption that serves in favor of a non-moving vessel in encounters with moving vessels. The degree of... Read more »

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1 Answer | Asked in Civil Litigation for Virginia on

Q: Good morning, What are the right to an individual who has a suspended license? Sincere.

F. Paul Maloof answered on May 19, 2019

I do not practice driver license law. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on

Q: After a defendant has been notified that he or she is being sued, what is the next step in the process of litigation!

F. Paul Maloof answered on May 14, 2019

The next step is to appear in court on the first return date and answer the questions that the judge asks you.

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Virginia on

Q: would i be responsible for closing cost if my ex is refinancing to get my name removed. not lived there for over a year

We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she liable to... Read more »

F. Paul Maloof answered on May 5, 2019

Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.

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1 Answer | Asked in Civil Litigation for Virginia on

Q: If a judge doesn't suspended one's license in court and I get a letter from DMV stating they're suspended is that right

For the case date as the suspension

F. Paul Maloof answered on Apr 22, 2019

I do not handle traffic court cases. Sorry.

2 Answers | Asked in Criminal Law and Civil Litigation for Virginia on

Q: I bought a car, gave part of the $ then & rest with taxes & lady hold the title! Ex roommate went & paid the rest &

The title without asking & misleading the lady I was buying from! What can I do to get the title back??

F. Paul Maloof answered on Mar 15, 2019

I do not handle cases that involve the title to a vehicle. Sorry.

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

Q: What is the statute of limitations in Virginia for filing a lawsuit against someone for sexual battery and abduction?

It was a police officer that committed the crime and was convicted. It was a long time ago. But it happened.

F. Paul Maloof answered on Mar 7, 2019

I do not handle criminal matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on

Q: I traded my car for a motorcycle that ended up being stolen, can I sue that person

F. Paul Maloof answered on Mar 5, 2019

I am not clear on why you would sue that person.

1 Answer | Asked in Civil Litigation, Small Claims and Traffic Tickets for Virginia on

Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?

Daniel P Leavitt answered on Mar 3, 2019

Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's illegal to... Read more »

1 Answer | Asked in Civil Litigation for Virginia on

Q: A furniture company put a lein on my account for an eleven year old debt

I live in va and I had not heard from this company since 09 and it’s closed on my credit report

F. Paul Maloof answered on Feb 27, 2019

You can file a dispute with the Court where the lien was filed and challenge the lien.

1 Answer | Asked in Libel & Slander, Animal / Dog Law, Civil Litigation and Civil Rights for Virginia on

Q: My ex is filing a damaged property claim against me. If I haven't done anything wrong, how can I defend myself?

If my ex has threatened taking me to court before and never did anything. My ex also stated in a phone call "you just made your life harder for you"... Can I sue for emotional harassment?

My ex is also in possession of my cat (which I pay monthly vet bills for) can I 1) get reimbursed for... Read more »

F. Paul Maloof answered on Feb 1, 2019

Rather than suing for emotional harassment, which may require your physiatrist's testimony to prove your claim, you would be better served to go to the Court and apply for a "protective order" based on harassment.

I do not handle domestic cases, especially with regard to cats. Sorry.

4 Answers | Asked in Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security for Virginia on

Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party

I would be the plaintiff

I'm searching for an excellent trial attorney on a success fee basis

Extreme injustice done

This doesn't involve probate, it involves litigation

It involves social security disability money, breach of fiduciary duty, fraudulent lying in court... Read more »

Daniel P Leavitt answered on Jan 30, 2019

If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.

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1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Virginia on

Q: Can we sent out a text to customer third-party site ) to place Food Order - send a thank you and status text

I am Company A - restaurant - would like to use phone number received on order-form from Third-party ( Company ANY) who sends me order to prepare food for a customer who visited their site- I would like to send them text to these customer who are going to be trying and eating my food and tell... Read more »

F. Paul Maloof answered on Jan 29, 2019

The law in Virginia does not allow you or prohibit you from sending such as text as described.

1 Answer | Asked in Civil Litigation for Virginia on

Q: My wife has a case in Virginia for assult on a public officer I would like to speak with someone about.

F. Paul Maloof answered on Jan 24, 2019

I regret that I do not handle assault cases. Sorry.

2 Answers | Asked in Civil Litigation and Insurance Defense for Virginia on

Q: My daughter was rear ended. Other driver was charged. Their insurance is investigating whether to pay or not.

The charged driver that rear ended my daughter was driving her mothers vehicle. Their adjuster has deemed our vehicle totaled (maybe $5k). We had liability only so our insurance doesn't want to provide us any assistance. Their insurance is investigating if they will pay because driver wasn't on... Read more »

F. Paul Maloof answered on Jan 22, 2019

I regret that I do not handle car accident or car insurance claims. Sorry.

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1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on

Q: I'm requesting referral to appropriate lawyer based on type of case.

I received a weight loss/fat reduction service from a fitness center in VA. This required creation of a record of treatments that included PII and photographs of me in underwear ("before and afters") and showing my face. An employee providing me this service was terminated, and took with her my... Read more »

F. Paul Maloof answered on Jan 16, 2019

Contact the Commonwealth Attorney for the jurisdiction in which the business is located and make a formal complaint.

1 Answer | Asked in Civil Litigation for Virginia on

Q: What is the statue of limitations on contribution to to the delinquency of a minor in the state of Virginia?

F. Paul Maloof answered on Jan 14, 2019

I do not handle cases that involve juveniles. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on

Q: How to get a Peace bond/ order against a nuisance neignbor in Fairfax County, VA?

How much does it cost to hire a lawyer to represent?

F. Paul Maloof answered on Jan 13, 2019

I regret that I do not hand peace bond matters. Sorry.

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