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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

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

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

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can we claim damages from company that maintains our website?

I have been running a driving school called Eagle Driving School for the past 14 years. My website was www(dot)eagledrivingschool(dot)net and had been maintained by the same company for the past 14 years. I regularly pay a fee for maintenance of the website. My students used to register for classes... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 16, 2021

I regret that I do not handle internet or website negligence matters. Sorry.

2 Answers | Asked in Criminal Law, Civil Litigation and Probate for Virginia on
Q: Is it unusual for a judge to do searches on the internet of the Plaintiff and defendant in cases they hear?
F. Paul Maloof
F. Paul Maloof answered on May 10, 2021

I do not handle criminal law matters. Sorry.

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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on
Q: SHOULD I STAY OR SHOULD I GO??

Disabled, w/out an Advocate or ATTY; Fearful of making wrong decision

45 yro, No Evictions, Owned Homes, Gainfully Employed, until:

Displaced by COVID after 4 yrs of caring for a parent, all savings expended.

Moved to Richmond; No SSDI, Unemp, absolutely zero aid or... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

Based on your financial condition, you should call Northern Virginia Legal Services on Monday for assistance. They are pro bono attorneys and may be able to help you with your current situation.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Virginia on
Q: LANDLORD FILED AN EVICTION AFTER TENANT ASKED FOR COVID RENT RELIEF; RENT WAS STILL TIMELY. WHAT CAN I DO?

LL wont cooperate with Tenant in COVID Rent Relief Pgm (Reqd by Va and CDC Moratorium Rules)

Managed to get Eviction DISMISSED BUT:

How can I force them to cooperate with RRP before resource pool is depleted!

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

The likelihood to force anyone to do anything these days is slim to none. You may be able to file a formal complaint against the landlord with the Office of the Virginia Attorney General in Richmond, VA.

Q: What type of evidence or witnesses is a defendant limited to , if any ?

Example: defendant is charged with embezzlement by their employer. Defendant has been falsely accused amd is suspicious of being framed by employer . A former employee was also accused of same crime.can defendant reach out to question them? Can defendant question employees that worked there after... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 26, 2021

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

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: Can you refile in small claims court if you missed your court date?

I filed a case in small claims court and had an emergency the day of court. I called the court later that day and asked if I could refile. I was told yes because it was dismissed without prejudice. I refiled and went to court and the judge told me that he would not hear the case because I did... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 22, 2021

You can ask for reconsideration by another judge or file an appeal.

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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