Virginia Civil Litigation Questions & Answers

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

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 13, 2019
F. Paul Maloof's answer
I regret that I do not hand peace bond matters. Sorry.

Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
Andrew Strickland's answer
Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"

There's a few things going on with your question and some assumptions that I need to make in order to tailor it. Let me start with the assumptions: (1) You have a claim against Landlord; (2) Landlord shows up to small claims and disputes the claim; (3) you win final judgment in your favor in small claims...

Q: Corporate officer and the ability to represent the corporation in Kentucky.

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 8, 2019
F. Paul Maloof's answer
I am not admitted to the Bar in Kentucky and have no idea what its laws provide on the matter you indicated. Sorry.

Q: Can a tow company keep your semi after tow bill was payed?

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 7, 2019
F. Paul Maloof's answer
I do not handle tow truck cases. Sorry.

Q: I have 2, 40 yr old people calling me names and posting about me on Facebook and giving me threats can i file harassment

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 4, 2019
F. Paul Maloof's answer
Based on your age of 14, you are considered a minor who does not, in the eyes in the Virginia law, to have capacity to bring a suit in Court in Virginia.

Q: What are my options? How can I pursue contempt of court for non payment of child support?

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Answered on Jan 2, 2019
F. Paul Maloof's answer
I do not handle child support matters, such as yours. Sorry.

Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.

1 Answer | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Tax Law for Virginia on
Answered on Dec 23, 2018
F. Paul Maloof's answer
This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.

Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.

Q: What if I purchase a piece of furniture and the merchant proceeds to inform me they the them plus their vendor is out.

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Answered on Dec 11, 2018
F. Paul Maloof's answer
I am unsure what is your question since the words you used are confusing.

Q: Is my social security disability and my va law enforcement retirement check exempt from garnishment or lien?

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Dec 9, 2018
F. Paul Maloof's answer
Under federal law, social security benefits and retirement benefits are exempt from garnishment.

Q: What Virginia law, requires a Homeowners’ Association with a court recorded Declaration, to have a Board of Directors?

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Answered on Nov 26, 2018
F. Paul Maloof's answer
You should review the Property Owners' Association Act, which is codified under Virginia Code Sections 55-508 through 55-516.2. The Act is multifaceted with provisions and may provide answers to your several questions.

Q: The officers of my HOA claim they are the Board of Directors despite never having been elected.

2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Virginia on
Answered on Nov 16, 2018
Richard Sternberg's answer
Virginia Law has soecific requirements for the creation and recordation of a condominium association or homeowners association. It is highly unlikely that the situation you describe is factually accurate. Get a lawyer to run a title search and read the Declarations, which are required to be published to you before your contract to buy your property was final and binding. If your neighborhood association pre-existed the homeowners association laws, which is common in the Washington metro area...

Q: 0nce judgement is granted in your favor of a debt warrant, how is the money obtained?

1 Answer | Asked in Small Claims and Civil Litigation for Virginia on
Answered on Nov 13, 2018
F. Paul Maloof's answer
It is assumed that the losing party will not voluntarily pay the awarded amount. In that case, once the judgment awarded in your favor becomes final (the period of an appeal has passed), then the judgment creditor can enforce the judgment by filing and setting a court date for a Garnishment Summons for wages or a bank account.

Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Answered on Nov 9, 2018
F. Paul Maloof's answer
I do not handle medical collection cases so I regret that I cannot answer your question.

Q: How long is a show cause order valid, really?

2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Answered on Oct 26, 2018
Gary Kollin's answer
You need a lawyer. You were not successful in your argument.

Q: What percentage of a settlement does the plaintiff typically collect after expenses?

3 Answers | Asked in Civil Litigation, Personal Injury and Sexual Harassment for Virginia on
Answered on Sep 28, 2018
F. Paul Maloof's answer
It depends on the agreement with the Attorney.

Q: What are my options? My bank accessed an account that I am not listed on and processed my reguested transactions.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Answered on Sep 23, 2018
F. Paul Maloof's answer
This Is a criminal law matter which I do not handle. Sorry.

Q: False arrest. Charges dismissed in court by judge testimonies contradicted police report.

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Virginia on
Answered on Sep 15, 2018
F. Paul Maloof's answer
I do not handle that type of case. Sorry.

Q: Person I hit is threatening a lawsuit - how long do they have to file?

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Aug 24, 2018
Jay Braddock Jackson's answer
This would depend upon the type of claim they are threatening. If the injured person is over 18 and the claim is that you struck them (with a vehicle?) causing personal injuries, they have 2 years from the date of the accident. If they file after that time, they are subject to a defense by you that their claim is beyond the applicable statute of limitations. If their claim is for property damage, they have 5 years. If the injured person was under the age of 18, they will generally have 2 (or...

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