A lawsuit for defamation and libel/slander must be proven by clear and convincing evidence. You must also prove that you and your reputation were damaged. Damages will require an expert who is an economist or financial expert. The burden of proof is very strict. No attorney takes these cases on...Read more »
You'd need to tile a motion to vacate for lack of service and explain why the alleged service was insufficient. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
The procedure in Circuit Court in Virginia is to file a Motion to Vacate/Set Aside the Default Judgment that was entered against you. You have the burden of proof to persuade the Judge that you were not living at the address at which the service of the process was allegedly made on the date the...Read more »
I have received no letter despite being informed they sent one. They called from four different numbers, but left the same message at my number, my wife’s, my mother in law, and my mother in the same day within minutes.
We did return the call but insisted we did not know of the debt. My... Read more »
In Virginia, the Statute of Limitations for a written contract/agreement is 5 years. The Statute of Limitations for an unwritten/oral agreement is 3 years. The defense of a Statute of Limitations is an affirmative defense that must be asserted in opposition to the claim of the other party.
If a state with original jurisdiction in the judgment of a lawsuit has different laws for collecting judgment than the ancillary jurisdiction in a state in which the judgment was domesticated, then which state's laws apply for collection. For example, if someone's home is exempt property... Read more »
During a post-judgment enforcement proceeding, the laws of the jurisdiction in which the enforcement is proceeding will apply to that proceeding. It would defy jurisprudence for the laws of a different jurisdiction to apply to the post-judgment enforcement.
If someone is a defendant in a civil suit that is in a different state than where they live in and they lose that suit, which state laws take precedence in terms of taking property to satisfy judgment? Would it be the laws of the state where the civil suit and judgment occurred, or would it be the... Read more »
The state in which the original judgment was entered has original jurisdiction over the judgment and the parties for post-judgment enforcement actions. When an original judgment is domesticated under the Full Faith and Credit Clause of the US Constitution in another state in the US, that court has...Read more »
Sold a car to a former coworker in January 2021. A written agreement was signed stating she would make monthly payments until paid in full, and if she did not pay we would be picking up the car. She has not paid in 4 months, and she will not tell me where the car is located so we can pick it up. So... Read more »
We lease an apartment, our adult child listed as a dependent moved out for the first time and left books behind. Can those books be legally removed, donated, sold? Are we required to hold them for a particular period of time?
Given the facts that you reported, it appears that the property of the person who moved out was abandoned. Property that is abandoned is no longer the property of the person who moved out and can be disposed of as you see fit.
There is an outdoor grill that looks like a large portable grill on wheels and it has wheels, but the grill is connected to a natural gas pipe that was extended from the back of the house. The grill uses natural gas from the pipe as fuel for normal operation. The grill has been in the same spot for... Read more »
In Virginia, a fixture is attached (i.e., bolted) to the ground and becomes an intricate part of the land. A grill which is movable is personal property, notwithstanding that it is attached to a gas line, and is thus not a fixture.
My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... Read more »
Your question is not clear from what you stated but if you are claiming that there is a consumer law issue, you should contact the Office of the Attorney General of Virginia, Consumer Law Department in Richmond, VA and make a formal Complaint. They may take your case and prosecute your Complaint.
I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »
I bought a house with my partner (we are not married). She and I ended up separating.
I found out that she falsified signatures in the purchase of our house in 2018. Furthermore, in 2017 she left the property and did not pay any of the mortgages. Since that period I've made... Read more »
You probably needed a lawyer when you made the agreement, and you certainly needed a lawyer when your partner in the house and you ended your social partnership. You also need a lawyer to interpret the agreement in light of the facts and the contributions of the parties. That consultation will be...Read more »
I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... Read more »
On March 19, 2021, during my incarceration, a civilian doctor refused to give me a CT-Scan and a Myelogram because I had refused to submit to a COVID-19 test administered by his nurse due to my having previously experienced severe nasal pain and nose bleeds caused by previous tests for COVID-19.... Read more »
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 »
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 »
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