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Virginia Civil Litigation Questions & Answers
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... View 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... View 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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1 Answer | Asked in Civil Litigation for Virginia on
Q: Can one have an unlawful detainer expunged from public records? If so how? Roanoke City Gen Dist. Court in 2012
F. Paul Maloof
F. Paul Maloof
answered on Nov 30, 2020

Only criminal convictions may be expunged. Civil judgments have to be vacated in Virginia.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Is there a statue of limitations for my ex landlord to file an abstract judgement against me?

In 2007 or 2008 my ex boyfriend and I had an apartment. I was in hospital and the rest was not paid for 1 month, I came home and had an eviction notice on my door. We only had one month left and I was now unemployed. In 2014 the landlord filed an abstract judgement against us for 0$ then in 2017... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 9, 2020

There is no statute of limitations for filing a judgment abstract. The abstract is valid and enforceable for 10 years. To extend that 10 years, the abstract can be recorded in the Circuit Court records to make it valid and enforceable for an additional 10 years.

1 Answer | Asked in Civil Litigation and Environmental for Virginia on
Q: I have a PA system installed on my car for business use. I dont have any permits for it. Will I get pulled over for one?
F. Paul Maloof
F. Paul Maloof
answered on Nov 9, 2020

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

1 Answer | Asked in Civil Litigation for Virginia on
Q: I rented an apartment with my boyfriend but had to break the lease a month early, years later can they take me to court

We were told since they were redoing that building that we wouldn’t owe anything for breaking the lease early (this sadly was not in writing) we rented in either 2006 or 2007 and never heard from them again until 2014. What is the statute of limitations for them to take a action against me? (The... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 8, 2020

In Virginia, the Statute of Limitations for a written contract is 5 years that runs from the date of the last payment under the contract.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 22, 2020

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: How to find an attorney to represent me in a civil case (housing related, I was discriminated as a handicap owner)?

I was a new handicap homeowner in an association in Fairfax County VA. The association began discriminating against me when forced me to disclose that I was a handicap person and for a variety of unlawful reasons denied giving me parking permit so I could not park my car in the subdivision and... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 5, 2020

To find a local attorney for your case, you should call the local Bar Association on the city/county in which you reside. Ask for the lawyer referral service.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Virginia on
Q: I move out of my unit on 10/18 and my lease ends on 10/31. Do I have to allow access to paint the unit before 10/31?

The owner would not prorate my rent and said it's mine until 10/31. So I said that's fine then I won't return the keys until 10/31, but the owner also wants to paint the unit before 10/31. I know I have to allow the access for showings and maintenance, but do I have to allow painters... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 1, 2020

The answer to your question should be expressed in your lease. Generally in Virginia, a residential lease permits the landlord to have workers, such as painters, access the premises on 24 hour notice to the tenant and for reasonable reasons. It seems that painting the premises would be considered a... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Q: Are there any charges I can file against a lawn care provider who hasn't completed the services?

I prepaid for biweekly lawn care 3 weeks ago. He came out the same day and mowed 1/3 of my yard, then claimed his belt broke and he would return the next day. He has never come back, providing a multitude of excuses. I have asked for my money back several times, to which he always says he will be... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 26, 2020

In Virginia, the Office of the Commonwealth Attorney generally files charges in criminal matters, not individuals. With regard to your reported facts, you may have a right to file a civil lawsuit for breach of contract, called a Warrant in Debt, in the General District Court for the county/city in... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: Paying customer at restaurant refused access to bathroom for 5yo because adult didn’t have a mask. They physically blocd

We were eating in their outdoor dining area. My 5 year old said she needed to use the restroom. Got halfway to the bathroom inside when the barkeeper said I had to have a mask on. Customer at the bar didn’t have a mask on. I pointed this fact out, and the barkeeper said he had a drink so he... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 25, 2020

I regret that I do not handle matters where a patron in a restaurant is blocked from the bathroom. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Virginia DCSE has been lethargic communicating with my bank and a double seizure of funds is unresolved. Can I sue?

I owed $5,000 and deposited $10,000 from an insurance claim. Virginia DCSE sent a seizure order to my bank. The bank held the funds but didn’t respond so DCSE sent ANOTHER seizure order. My bank told me they need Virginia Department of Child Support Enforcement to fax or email them... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 16, 2020

I regret that I do not handle child support matters or DCSE matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: I would like to file a setting aside default judgment to Arlington court and need to hire an attorney
Steven Krieger
Steven Krieger
answered on Aug 24, 2020

Sure. Feel free to give us a call and we'll try to be helpful.

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1 Answer | Asked in Family Law, Civil Litigation and Identity Theft for Virginia on
Q: My mom just signed herself out of a mental hospital and no one knows where she is at. She just recently stole my sisters

My mom just signed herself out of a mental hospital and no one knows where she is at. She just recently stole my sisters identity and I have told her to leave me alone and she hasnt known where I lived. She has found out thpugh where I live and I do not feel safe what can I do to protect myself as... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 24, 2020

You must go to the Clerk's Office for the General District Court for the county/city where you live a file a Request for a Protective Order. The clerks will help you with the forms.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 18, 2020

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

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Virginia on
Q: Can you sue someone for saying they would pay something off for you?

My now ex boyfriend agreed for me to purchase a laptop for school and agreed he would make the monthly payments. Now that we aren’t together he tells me he’s not going to pay it . It is now going to affect my credit because I can’t afford to pay it since I’m not working. The total amount is... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 16, 2020

Given this was an oral agreement, and you claim it was breached for nonpayment, you can bring a Warrant in Debt in General District Court in the jurisdiction (county/city) where the agreement was reached. Since the amount is less than $5,000.00, this is a small claims court case in which no lawyers... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: My HOA BOD has vacancies, has not held meetings or elections in 12 months. What are my options?

We have a Assoc. management company that takes us for granted and does the minimal required work. Last election saw a "coup" by several BOD members who rarely showed up for meetings. Two board members resigned in protest and the positions were not filled, despite two people who stood for... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 14, 2020

The HOA's Bylaws should provide you with the available options in a situation like you described.

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: What is the statute of limitations on a settlement agreement as a result of a warrant in debt in Virginia?

I was sued almost 20 years ago for damages related to an auto accident. I made a settlement agreement with them in court, made large initial payment, and had to make payments over time, but I lost the paperwork and forgot about it after a few years. It's now been about 18 years since a payment... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 13, 2020

In Virginia, the statute of limitations on a written agreement is 5 years and 3 years on an oral agreement.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Animal / Dog Law for Virginia on
Q: Does a lease voids when the home is sold in VA? I signed the lease in 2007 and it stated nothing about not having pets

On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 11, 2020

Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the... View More

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