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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Is there anything i can do or the sheriff to reschedule or delay an eviction (possession)?

My eviction is sch for tomorrow am but i have nowhere to go. Im in virginia.

F. Paul Maloof
F. Paul Maloof
answered on Aug 3, 2017

At such a late time in the process, there is really nothing you can do but move out.

1 Answer | Asked in Civil Litigation and Probate for Virginia on
Q: Is an executor of an estate responsible for the debts of an estate in Virginia?

Decedent had a vehicle financed that she could not afford. Executor and other family members did not want it and could not afford it. Vehicle was repossessed from the estate. Is the executor or the estate liable for shortage when vehicle was sold at auction?

F. Paul Maloof
F. Paul Maloof
answered on Jul 26, 2017

The Estate is liable. The Executor is not liable.

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Q: in Virginia can a county force an 501c3 Corporation to liquidate its assets in a Fire Department that is registered SCC

our fire department was dissolved by the accomack board of supervisors today

F. Paul Maloof
F. Paul Maloof
answered on Jul 20, 2017

Generally, the answer would be: No. However, the final answer may depend on what is the basis for the County's action.

1 Answer | Asked in Civil Litigation, Collections and Identity Theft for Virginia on
Q: Proving fraud in garnishment case

A credit card was opened in my name in may 2005 when i was 17 and still living with my parent. I had no knowledge of this credit card until 3 weeks ago when my checks started being garnished before my court hearing.i contacted the collection agancy and they were supposed to send me fraud paperwork... View More

F. Paul Maloof
F. Paul Maloof
answered on Jul 11, 2017

You should bring evidence of your age in 2005 when the credit card was opened.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Virginia on
Q: Someone is staying in my rental house without my authorization or a lease for a week. How can I make her leave?

-she came in the property without authorization, she was being checked after she visited the room and entered the property acting as she had a lease which fact my other tenants did not check

-she stole the key that the previous tenant left when vacating the room without my authorization... View More

F. Paul Maloof
F. Paul Maloof
answered on Jul 3, 2017

If you are in Virginia, you should either call the Sheriff's office and have this person arrested for trespass and stealing the key or you can go to the Magistrate's Office and swear out a Complaint so that a Deputy Sheriff will go to the property and serve the warrant on that person for... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Health Care Law for Virginia on
Q: I had my bank account garnished over a hospital bill now 2 months later my paycheck garnished over same hospital

This is in Richmond Va. what can I do they will not take payment arragments

F. Paul Maloof
F. Paul Maloof
answered on Jul 1, 2017

You have the right to file a homestead deed or you can file bankruptcy. You should consult a local attorney.

1 Answer | Asked in Civil Litigation and Business Law for Virginia on
Q: When does someone become a shareholder?
F. Paul Maloof
F. Paul Maloof
answered on Jun 20, 2017

A person becomes a shareholder when a stock certificate is issued to that person and they pay at least the par value of the stock.

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Virginia on
Q: Can I have a 17 year old step son arrested for breaking into a locked bedroom

He broke into our bedroom on Friday June 9th. The room is locked for reasons. He is out of control and he will not listen to myself or his mom. He has called the police on me numerous times making false claims of abuse and neglect. He does this when we set limits and restrictions on him for not... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 13, 2017

You should go the Prince William County Magistrate's Office to ask your question. This is a criminal matter and not a family law or Landlord-Tenant matter.

1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: Hello, A background check on me provided false information re: a sexual assault conviction. Can I sue?

Upon volunteering with Catholic Charities (CC) in N. Virginia, I provided complete information for a background check. CC engaged a firm (SSCI) in GA that replied with a sexual assault conviction complete with a prison sentence.

This is completely false. I have never been to the city or... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 9, 2017

In Virginia, there is no cause of action for "misidentification." If you have evidence and can prove that SSCI intentionally defamed you, you may have a cause of action for that issue. Then you will need to show how you were injured and what was the monetary damages. This will be an uphill battle.

1 Answer | Asked in Civil Litigation and Child Custody for Virginia on
Q: Is there a law for Virginia that dictates which parent has to do the driving to meet for visitation with joint custody?

We get overnight Tuesday, Wednesday til 7:30pm and every other weekend.

We have been doing the same set schedule for 4 years of meeting halfway.

The mother is only wanting to make the change for convenience (has nothing to do with the well being of the child)

F. Paul Maloof
F. Paul Maloof
answered on May 31, 2017

I think your question is one for a divorce attorney to answer. It is not a generally a civil litigation question.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Divorce for Virginia on
Q: What kind of lawyer do I need to sue my husband for dog we got together but he won't let me see now. I left 30 days ago.

The dog was adopted in his name but was for me and I am primary care taker. He has his own puppy he got for his dog.

F. Paul Maloof
F. Paul Maloof
answered on May 31, 2017

You should consult a divorce attorney as this sounds like a marital property claim.

1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Q: My truck was repossessed. The bank did NOT send me written notification of repo or auction date and time. What can I do?

I was trying to sell my road tractor with the help of a dealer. I contacted the bank and let them know I was having a problem and could no longer make the payment and where the truck was sitting for sale. There were several phone conversations with the lady at the bank including a conversation with... View More

F. Paul Maloof
F. Paul Maloof
answered on May 31, 2017

You may be entitled to bring a claim in Court against the bank. It will get involved and may be expensive. You should consult a lawyer in your locale for advice.

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: I have a judgement against someone called a warrant in debt. It was issued in 2003. Can I still collect?
F. Paul Maloof
F. Paul Maloof
answered on May 24, 2017

The answer is "it depends." In Virginia, a judgment on a warrant in debt is good for 10 years in the General District Court. If you recorded a certified copy of the judgment abstract for a small fee of $10.00 in a Circuit Court in Virginia, the judgment's life will be 20 years in the Circuit Court.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Did the house seller violate any law by not installing a water heater according to the specification of the heater?

I purchased a house a few months ago from a seller of the house who renovated the house for sell. A part of the renovation was the installation of a new tankless water heater. However, the seller did not install a new electric panel to the specification of the water heater. As the result, the... View More

F. Paul Maloof
F. Paul Maloof
answered on May 19, 2017

Your questions depends on what was stated in the real estate purchase and sale contract. If the terms of the written contract obligated the seller to install an electric panel that conformed to the specifications of the newly installed water heater, you may have a good claim. If the contract was... View More

1 Answer | Asked in Civil Litigation, Small Claims and Consumer Law for Virginia on
Q: Insurance company has been charging me for years for a car that was deemed a total loss by them.

I recently discovered that a car that was totaled years ago is still on my insurance policy. The claim was made through the same insurance company that is still charging me. They cut me a check and picked up the car, but never removed it from my policy. Im attempting to get my money back for the... View More

F. Paul Maloof
F. Paul Maloof
answered on May 18, 2017

You will certainly get their attention when you file a lawsuit against them.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Virginia on
Q: If an heir dies before the estate is settled leaving no heirs. Is the estate divided by the remaining heirs

Father of 4 passes away. Before his estate was settled 1 son passes away having no heirs. Do the remaining 3 heirs divide the fathers estate?

Richard Sternberg
Richard Sternberg
answered on May 13, 2017

No. If the heir post-deceased, his share goes to his heirs or beneficiaries, who may be, but often aren't, his grantor's heirs.

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on
Q: My father in law told me i would take the place of my Husband (his deceased Son) and he was having a new will drawn up

NIKL

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Apr 20, 2017

If your father in law died in Virginia, then you should contact a probate attorney in Virginia to answer your questions.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Virginia on
Q: Our apartment management company handed the keys to a contractor without notice.

The repair was to take care of some chipped paint on the wall. We did not request this, they decided to do so during an inspection several months prior. Again, they never informed us of their choice to repair this. They are claiming that the 24hr notice rule does not apply. Is this true?

Gary D. Godman
Gary D. Godman
answered on Apr 14, 2017

Depends on what your lease says. Other than being annoyed that they did so, I'm not sure there's anything here to consider bringing a lawsuit over. Talk to a local landlord/tenant or general practice lawyer.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Dismissed for Failure to State a Claim for Which Relief Can be Granted any amendment of the Complaint would be futile

The case was dismissed without prejudice. Does this mean that on appeal an amendment of the Complaint would not be possible?

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 6, 2017

"Without prejudice" means you can refile the case with a new complaint. Amendments of a complaint are not permitted at the appellate level. The fact that the dismissal was on grounds of futility makes it less likely new case would withstand a 12(b)(6) motion to dismiss.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Virginia on
Q: Case Dismissed without prejudice for Failure to State a Claim for Which Relief Can be Granted

If an employer makes a couple of discrepancies on employment record that prohibits employment within career field and neglected a federal regulation by law. If a requirement of a regulation specifies receiving "immediate" medical attention directly away from a scene as opposed to noticing... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 6, 2017

You would need to compare those facts to the basis on which the court dismissed the prior complaint in order to determine whether they overcome the defects in the claims previously alleged. From your description it is not possible to draw a conclusion.

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