Get free answers to your Civil Litigation legal questions from lawyers in your area.
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 
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
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
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
answered on Aug 14, 2020
The HOA's Bylaws should provide you with the available options in a situation like you described.
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
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.
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
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
My business was shut down until we reopened (still slow). Apartment management and I agreed verbally with the management office to set up a payment plan. A week later they said they want rent paid in full. I argued my case about the agreement, they said they will talk to the manager. Next day,... View More
answered on Aug 3, 2020
It sounds like these are discussions and negotiations about paying rent. It is not a question is it legal or illegal. It is a question of whether opposing parties can come to an agreement. It takes two to reach an agreement so if one side will not agree, there is no agreement in the eyes of the... View More
I signed a 12 month lease with my landlord and it’s the 7th month and my landlord says the july31st at 8 am everyone who didn’t renew is the last day of their lease but I can’t leave that soon I prepared for a 12 month lease I also lost my job due to COVID and domestic violence so I haven’t... View More
answered on Jul 31, 2020
Even if you have a 12 month written lease, the nonpayment of rent is a breach of the leased and as such the landlord can proceed with a notice for you to pay or quit and then begin legal proceedings to have you evicted. The loss of your job or the domestic abuse is not a defense to nonpayment of... View More
My home was initially my dad's. He had the pool installed in 1995. Sometime later he began to have issues of water coming thru one wall in the basement only when it was a heavy rain. Dad passed and I remained in the family home. I begun to search for the answer to the water issue and... View More
answered on Jul 28, 2020
Unless the contract extended the statute of limitations period, in Virginia there is a 5 year statute of limitations based on a written contract.
My dad had a pool installed in 1995. Since his passing I now live in the home. For several yrs my dad struggled with a water issue in the basement when the rain was heavy and it has continued since I have been here. I decided to take a look at the routing of the gutter downfall that is on the... View More
answered on Jul 28, 2020
Generally, in Virginia there is no waiting period for making a claim for faulty workmanship in a construction project like an in ground pool, unless your contract states otherwise and you must give the contractor an opportunity to fix the damages.
In Henrico, VA - I had filed a small claims court case against my neighbor for damages, maxed at $5000. He has requested it be removed to general district court and has retained counsel. I suing my neighbor for damaging my front, side and back yard resulting in me paying out of pocket for... View More
answered on Jul 27, 2020
By court rules, no lawyers are allowed in a small claims case matter in Virginia.
Related to the prior question: "Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2
The case did not result in an eviction nor a collection" You will see a lot of these as first time civil defendants seek to pay arrears after Unlawful Detainer (UD)... View More
answered on Jul 20, 2020
In Virginia, eviction matters are generally not under seal. You may want to seek a formal opinion from an attorney in the jurisdiction where you reside on your questions.
The case did not result in an eviction nor a collection
answered on Jul 20, 2020
In Virginia , expungement relates to criminal cases. In a civil case like an eviction, the proper procedure is to file a Motion to Vacate and Set Aside the Judgment.
answered on Jul 18, 2020
The Fair Credit Reporting Act, a federal law, would be where you would find the answers to your questions. I do not handle those cases. Sorry.
This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.
answered on Jul 18, 2020
The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... View More
It appears that expunction is not available for civil cases. Can the court "seal" the file? Are there any other options that an attorney can do?
answered on Jul 18, 2020
The proper procedure for a civil matter as you describe is to file a Motion to Vacate and Set Aside the Judgment. It will be your burden to demonstrate to the Judge that the judgment was entered in error. If the other party agrees that there was an error, that party should endorse your Motion and... View More
The lawyer via email when I asked “ we are clear now” said I’m will confirm with Hoa I believe so” then 96 days later I receive statement of account from hoa with 4 bills for professional services for 1116$ I call propert mgr the accountant calls me back and says she will look into it then... View More
answered on Jul 16, 2020
Generally, there is a provision in the HOA Bylaws for the right of the HOA to collect attorney's fees. However, the right to claim attorney's fees is not a statutory right but must be awarded by a Judge. I suspect that is the reason the HOA filed the Warrant in Debt and is probably... View More
penalties form from franchise & Credit Card Debts
answered on Jul 15, 2020
It seems like a criminal matter so you should call the police or the FBI.
I have filed a Habeas petition in the 4th circuit on this issue. See Hommel v. Unknown, et al. I was civilly commited in virginia in 2007, but never was commited, as the order was stayed. Instead i was transfered to Federal custody in the northern district of ohio where i served approx. 10.9... View More
answered on Jun 29, 2020
Of course, it's your choice whether or not to hire a lawyer, but we've (most likely) handled many more evictions, so if you can afford a lawyer, it'll save you the hassle and headache. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck!
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