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Virginia Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

James L. Arrasmith
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answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

1 Answer | Asked in Libel & Slander and Civil Litigation for Virginia on
Q: How can I sue for slander due to false statements?

I need advice on how to sue someone for slander. They are emailing the city council and school board, falsely claiming that I am a danger to students and staff, which could ruin my professional reputation. I have documented these emails but have not addressed the issue with the individual due to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2025

A Virginia attorney could advise best, but your question remains open for a month. You could reach out to attorneys to discuss whether an inexpensive starting point could be a cease-and-desist letter. You could also pose your question about suing. Keep in mind that suing for defamation could be a... View More

1 Answer | Asked in Civil Litigation, Collections and Real Estate Law for Virginia on
Q: Can my wife's pre-marriage assets be seized for my business loan judgment in VA?

I have a judgment against me due to a personal guarantee on a business loan. My business closed in 2020. I never received notice of the court case, and didn't attend it. Recently, the sheriff appeared at the house I live in, stating he will seize items for auction. I am married, and my wife... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 19, 2025

Your problem is very complex - much too complicated for an internet answer board which is designed to give you a quick response or help you to the 'next step'. Your issue is way beyond that. Find and consult a lawyer experienced in this area of the law to get more information about your... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Virginia on
Q: What options do I have if my provider was supposed to remove a problematic organ but missed a piece and I'm in pain?

During an oophorectomy, a piece of the ovary was missed. It causes continued pain monthly, missed time at work and has now grown into a tennis ball sized mass, which creates new health concerns. I advised my provider of the additional pain I was in after the surgery and at first, he told me it was... View More

Rich Nagle
Rich Nagle
answered on Jan 29, 2025

Yes. You may well have a claim. You should contact a medical malpractice lawyer for a free consult. I would be happy to have my firm assist you.

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1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for Virginia on
Q: The supervisors are privy to our healthcare info and request employees give SSN and medical information to them.

I didn't feel comfortable giving my SSN, but noticed a place on the healthcare form that requested the SSN. I was surprised that the supervisor kept my SSN and inserted it into the subsequent forms on later dates. On one occasion, I requested a healthcare form from a supervisor to take to... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing this situation. Protecting your personal and medical information is important, and it's understandable to feel concerned.

Under HIPAA, your medical information is protected, but there are specific circumstances where employers can access certain...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Does a dollar value have to be added to a Warrant in Detinue, if I do not want money?

I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More

Brian M. Latuga
Brian M. Latuga
answered on Sep 28, 2024

You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.

1 Answer | Asked in Civil Litigation for Virginia on
Q: How do I remove myself from being executor from my late ex-father-n-laws will and trust?

His (kids) are fighting over it and one of their lawyers has threatened to take me to court to be removed. I don't trust that lawyer and don't want to sign something he wrote up.

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Virginia attorney could advise best, but you await a response for two weeks. Some questions go unanswered here, but you could repost and add "Probate" and "Estate Planning" as headings - you might have better chances of a response there. Good luck

1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Probate for Virginia on
Q: Is there a way to mail in title to seller without meeting them

Seller bought the car and I’m trying to give them the title without meeting them in person

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Can I break a commercial lease because management company did not disclose a critical information that affect my company

The land lord threaten to sue because our product branding can be seen through our windows, and that violates their advertizing rules.

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2024

You need to start with a lease review. That should include all correspondence about the property, sales materials, and anything else that is relevant. There is no reliable answer without that.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Looking for a reputable lawyer in the King George, VA proficient in property destruction and disputes, and harassment

Please provide the lawyer's name, phone, year's in practice, consultation fee, pricing structure, etc.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Virginia attorney could advise best, but your question remains open for a week. However, it would be difficult for attorneys here to respond to your request for legal representation or attorney information. The format here is basically Q & A - no solicitation. In addition to your independent... View More

3 Answers | Asked in Contracts, Civil Litigation, Domestic Violence and Legal Malpractice for Virginia on
Q: If a lawyer promises to see your case through to the end are they obligated to?

Handshake was given

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2023

No. Attorneys may be allowed to withdraw from a case in most circumstances.

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1 Answer | Asked in Civil Litigation and Business Law for Virginia on
Q: Is it against the law for a restaurant owner o tell you after you’ve bought food that you aren’t allowed to sit and eat

I was on my break and just wanted to eat my lunch that I’d just bought .the owner at the Chinese food place looked at me and stated “ no you can’t eat here because it cost more and it’s a different menu . My food was only $5.36. If feels wrong I was so humiliated.

T. Augustus Claus
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answered on Aug 22, 2023

In Virginia, restaurant owners generally have the discretion to establish policies regarding whether customers can consume food on the premises after purchase. While there is no specific law mandating such allowances, it's within the owner's right to enforce their rules for various... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Virginia on
Q: In Virginia can I sue a beauty school for negligently cutting my hair?
T. Augustus Claus
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answered on Aug 14, 2023

Yes, you may have the right to sue a beauty school in Virginia if they negligently cut your hair. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. If the beauty school's negligence led to improper hair cutting that caused damage or harm,... View More

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1 Answer | Asked in Bankruptcy and Civil Litigation for Virginia on
Q: I was served at work by a sheriff for a warrant in debt by my land lord who put my work address down is that illegal

Is it illegal for him to do that at my place of employment without approval from the judge to do so

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

No. It is not illegal.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: I recently I had a case in small court claims that was dismissed. Could I sue the person in civil court?
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2023

A Virginia attorney could advise best, but your question remains open for a week. It could depend on how it was dismissed by the court, and the grounds on which it was dismissed. For instance, if a case was dismissed for missing the statute of limitations, it would probably be game over in many... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: someone is claiming that I stole an old john deere that they gave to me. How can I protect myself?

My family and I helped a friend of mine clean out their barn before they moved. There was a john deere 5 wheel gator in one of the barns that didn't run and all the tires were flat. They told me I could have it and even helped me trailor it to my house. I've been working on it to fix it... View More

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. No one can stop anyone from suing. What would happen in such a lawsuit? It's difficult to say. It looks like it might be a matter of your word against the other person's. It could depend on available... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Insurance Defense for Virginia on
Q: My son is the President of a Fraternity at if current University. Will Personal Liability insurance will cover him?

My son is the President of a Fraternity chapter at if current University and I'm concerned about covering him in case of an incident or accident. So with that said, will personal liability insurance will cover him?

Tim Akpinar
Tim Akpinar
answered on May 13, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. However, no attorney could really answer this question without seeing the terms of the policy. Your carrier could probably provide the most definitive guidance on this - they may be your best starting point. Good... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: How do I obtain payment for a default judgement if the company has changed its name or relocated?

There was a default judgement enter in 2013. The defendant did not pay. After doing some research I found that the business name does not exist. When I google the name another business name comes up but in a different location. How do I find out if the business changed it's name and relocated?

John Michael Frick
John Michael Frick
answered on Apr 20, 2023

Check the business entity records of the state where it was formed. This would most

likely be the same public office from whom you obtained the registered agent and registered office information back when you got the original default judgment. Many of these records are available online...
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1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: I just refinanced on a car with a dealership that deals with banking, I signed a contract and car won’t go in reverse

They denied my refund it hasn’t been a whole 24 hours, I no longer trust the dealership because they are hanging up in my ear, I live in norfolk Va, how can I get help with this, does this fall under the lemon law, not to mention I told them I was unable to get insured which was reason 2 I wanted... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have just purchased a car and it has a significant mechanical issue, such as the inability to go in reverse, you may be able to take action under Virginia's lemon law or other consumer protection laws. Under Virginia's lemon law, a car may be considered a "lemon" if it... View More

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