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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Banking, Civil Litigation and Collections for Virginia on
Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go
F. Paul Maloof
F. Paul Maloof
answered on Aug 9, 2018

If you mean: $40,000 you should contact the FBI.

1 Answer | Asked in Civil Litigation for Virginia on
Q: If my lease on a house was up on the 1st of August how long do I have before I have to leave?

I went to court on the 1st of August as well but it was never stated when I needed to vacate the premises. The court date on August 1st was about past due rent.

F. Paul Maloof
F. Paul Maloof
answered on Aug 5, 2018

If the court granted possession of the premises to the landlord on August 1st, the tenant has 10 days from that date to vacate the premises before a writ of eviction can be applied for.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Is there a state run community service in Roanoke/Salem area that will send community service reports to TN for Com. Ser

My daughter plead guilty to shoplifting ($200) in Bristol TN and is now on probation for 11 months 29 days. She has to complete 250 hours in Bristol TN. She is a full time college student and is on the swim team in Roanoke VA. The travel time is 2.15 to get to the community service site. Her... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 2, 2018

I am unfamiliar with the Roanoke/Salem community services. My office is in Alexandria, VA. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: I’ve been in a joint lease for about 4 months, is there any legal action I can take to get my name off?

after I moved back home my roommate & her boyfriend decided to stay & my name is still on the lease.. I haven’t been there for a month now & she refuses to add her boyfriend and release me from the lease & is still looking for me to help pay rent.

L. Ilaine  Upton
L. Ilaine Upton
answered on Jul 17, 2018

No, not really, not if you and she can't agree to this. You could ask the landlord, but don't expect anything out of this. You're the one who moved out. If her boyfriend is helping with the rent and you're not on the hook, thank your lucky stars.

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2 Answers | Asked in Civil Litigation for Virginia on
Q: A pymt of an agreed amt is now being refused in full. Does accepting ck, tho demanding Bal, cancel amt still owed?
L. Ilaine  Upton
L. Ilaine Upton
answered on Jun 28, 2018

Do you have a written settlement agreement? If so, what does it say? If not, do you have something in writing to prove it, like a series of emails? That would be what controls in this situation.

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1 Answer | Asked in Contracts and Civil Litigation for Virginia on
Q: How can a person on disability be a cosigner for a vehicle if they can't be held accountable to pay if the other party

Doesn't pay. They can't be held accountable because they are on a fixed income.

F. Paul Maloof
F. Paul Maloof
answered on Jun 26, 2018

If the disabled person signed the contract and agreed to its terms, the obligation is binding on that person no matter what is their income level.

2 Answers | Asked in Civil Litigation for Virginia on
Q: In civil cases, does the judge or jury know most of the information that came out during discovery about each side?
F. Paul Maloof
F. Paul Maloof
answered on Jun 18, 2018

It will depend on how the information that was garnered during discovery is presented to the judge or jury.

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3 Answers | Asked in Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: Husband moved joint owned both pay mtg do I have to reimburse his half he didnt live in it

He chose to move getting divorce and will split equity he wants what he pd back since didn't live here

L. Ilaine  Upton
L. Ilaine Upton
answered on May 17, 2018

This issue should be addressed in either your separation agreement or your final decree of divorce.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Consumer Law for Virginia on
Q: Emotional Support Animal with all legal documents relating to ADA necessity made to pay for travel with owner.

What kind of lawyer do I need to bring this major company to court for denying ADA rights to emotionally disabled individuals.

F. Paul Maloof
F. Paul Maloof
answered on May 15, 2018

You need an ADA rights lawyer.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hi, the defendant move to object to venue if the case because of a prior hearing relating to the case was held in NC.

I choose not to move. I live in vIrvine.

F. Paul Maloof
F. Paul Maloof
answered on May 13, 2018

Generally, venue is proper where the premises is located in a landlord tenant dispute.

1 Answer | Asked in Civil Litigation for Virginia on
Q: I rent a single family home in which all utilities are in my name there is a small apartment over the garage. can the

landlord legally rent this space when I am paying the utility bill that covers both the house and apt?

F. Paul Maloof
F. Paul Maloof
answered on May 6, 2018

It depends. If the apartment is not specified as part of the "premises" then it can be a separate rental. Your lease should state what is defined as the "premises."

1 Answer | Asked in Family Law and Civil Litigation for Virginia on
Q: How can I get my case moved from civil court to family court in lee county va?I cannot afford an attorney

An attorney told me that the case should be in family court because there is no need for an attorney to file the motions I need but she didn't tell me how to get the case moved to family court.

I live in Bristol VA but the case is in Lee County VA

Michael Christopher Miller
Michael Christopher Miller
answered on Apr 18, 2018

You probably want to transfer from circuit court to juvenile and domestic relations district, JDR, court.

File a motion in circuit court to transfer the case to JDR court pursuant to Va. Code § 20-79(c).

Va. Code § 20-79, "(c) In any suit for divorce or suit for maintenance...
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2 Answers | Asked in Civil Litigation and Collections for Virginia on
Q: how to write up a homestead deed for filing garnishment exemption of wages?
F. Paul Maloof
F. Paul Maloof
answered on Apr 16, 2018

You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.

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2 Answers | Asked in Contracts, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: Recd warrant in debt 4 VA rental surrendered 2/13. Due to biz fail. Stat of limitations? No prev contact prior to cert

We live in Fl since then. Am on TTD & undergoing back surgeries. Court date next wk. what should I do?

Timothy R Johnson
Timothy R Johnson
answered on Apr 11, 2018

Hire a local attorney to defend the case. If you don't do anything, you will have a default judgment entered against you, and at some point, the plaintiff may pursue assets of yours in Virginia (if any), and if the amount is significant enough, possibly against you in Florida.

If your...
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2 Answers | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: Can I be liable for what others state on Facebook if I'm a administrator or moderator of a group?

Have a civil case in VA where a person is trying to sue me for what others are stating on a Facebook Page. I'm one of the administrators of the page, however, I don't really monitor the page much. I understand the basics of libel, however if someone people are stating things that might be... View More

Timothy R Johnson
Timothy R Johnson
answered on Apr 9, 2018

Generally...no. If you did absolutely nothing else to "re-publish" the statement, then there's almost no possible way that the plaintiff can allege you engaged in any wrongdoing. It would only be wrong if you know that information posted is wrong, and defamatory (impugns on the... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: garnishment summons for 1,755.00, can i claim homestead exemption article 34.4 of the code of virginia,
F. Paul Maloof
F. Paul Maloof
answered on Apr 5, 2018

If you have not previously used your Homestead exemption in Virginia, you have a life time home exemption of $5,000.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: i recently requested that my car (titled, insured, and registered to me) be returned by my father but he refuses

on grounds that its been on his property for a year (really its only been about 11 months) although

i never explicitly nor legally transferred possession. he's also claiming that it belongs to him based on repairs (tires, heat). if i take him to court, what are my odds of getting back... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 23, 2018

If you can prove the title to the car is in your name, you have a very good chance of success in court.

2 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: I have a potential dispute with an water equipment distributor.

I purchased a dealership from a national distributor. The cost of the business was $ 22,500.00 and I borrowed an additional 25,000 in startup capital. After starting the business, I discovered the distributor made several false claims. They claimed to be a national manufacturer. They are... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 12, 2018

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... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: in the virginia circuit courts is it addissmable for a new/unknown attorney to appear at a court hearing?

A Defendant hired a new attorney and presented him at a court hearing without notifying all concerned.

This new attorney knows nothing of the case. A Defendants MOTION to DISMISS a Defendant was not granted.

Richard Sternberg
Richard Sternberg
answered on Feb 23, 2018

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.

1 Answer | Asked in Civil Litigation and Employment Law for Virginia on
Q: My previous employer wants to pre depose me and the person who is sueing them to depose me. Do I have to?

I will have to take off work and told them they need to pay me. they said only for the pre deposition but they cannot pay me for the Plantiffs deposition time. I am ok to go if they pay me, they are paying my traveling expenses. But I have not worked for this company in almost a year

F. Paul Maloof
F. Paul Maloof
answered on Feb 23, 2018

Virginia Supreme Court Rule 4.2 applies to your situation. It is entitle "Depositions Before Action or Pending Action.

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