answered on Oct 26, 2021
This question sounds like a personnel matter. I do not handle personnel matters. Sorry.
Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... View More 
answered on Oct 26, 2021
In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your... View More
I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... View More
answered on Oct 20, 2021
This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.
I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... View More
answered on Oct 20, 2021
Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.
Left me. So I want to take her to court for character defamation,malice and conspiracy. Do I have a strong case. She only emailed him once. I want to seek 1,000.000 for damages. Thank you.
answered on Oct 6, 2021
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... View More
answered on Aug 26, 2021
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... View 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... View More
answered on Aug 17, 2021
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... View More
answered on Aug 13, 2021
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... View More
answered on Aug 13, 2021
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... View More
answered on Jul 16, 2021
Request for Admissions, Interrogatories and Request for Production of Documents.
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... View More
answered on Jul 7, 2021
Step 1: Send the debtor a written demand letter.
Step 2: File a lawsuit in the court in the jurisdiction in which the debtor resides.
Step 3: Go to court and seek a judgment for the outstanding debt.
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?
answered on Jul 1, 2021
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... View More
answered on Jun 29, 2021
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... View More
answered on Jun 25, 2021
I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.
What can I do to get my money back the engine
answered on Jun 22, 2021
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... View 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... View More
answered on Jun 3, 2021
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... View 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... View More
answered on May 28, 2021
I regret that I do not handle domestic relations and/or divorce law matters. Sorry.
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.... View More
answered on May 21, 2021
I regret that I do not handle medical malpractice matters or criminal law matters. Sorry.
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