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Virginia Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Federal Crimes for Virginia on
Q: Court did not complete plea agreement. Plead guilty to misdemeanor instead of felony. Court processsed as felony.

More than one legal issue regarding the trial of case. However most important issue is the plea agreememt was to plea guilty to two misdemeanors instead of 2 felony charges. Just got a letter about not voting rights, so looked up charge online. Court said plead guilty to a felony. I have plea... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 10, 2020

Sounds like it could be a paperwork error. You need to have a lawyer file a post-trial motion on your behalf to make sure the court's records are correct.

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1 Answer | Asked in Civil Litigation and Libel & Slander for Virginia on
Q: my husband is dying of cancer, someone hacked his flip-phone and sent an ugly message to a life long friend of his,

my husband is blind because of the cancer he did not send it. what can i do legally to the person who did this or find out who did send it pretrending to be my husband

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

I think your best procedure is to go to the police where you live and file a criminal complaint.

1 Answer | Asked in Civil Litigation, Contracts and Intellectual Property for Virginia on
Q: I am the real inventor of web cam covers for portable devices

I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... View More

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

I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: If a car dealer sold a car with a warranty and didn't provide details or contract are they liable for non covered repair

The buyers guide has as is checked but also says Integrity Warranty Services 3month/3000 miles. The dealer told us at the time of purchase it is a powertrain warranty and "if it has gas, grease or fluids it's covered" They did not explain any details or limitations or provide a copy... View More

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

I regret that I do not handle car warranty matters. You should call the Virginia Attorney General's office, consumer division and make a formal complaint.

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Virginia on
Q: Is there a 10 year statute o limitations in Virginia on interest that was added to a child support case in 1994?

Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.

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

I regret that I do not handle domestic relations cases. Sorry.

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Why is commander in chief important, why should it be an important role of the president?
F. Paul Maloof
F. Paul Maloof
answered on Jan 8, 2020

The U.S. Constitution provides for it.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hello, I know it is kinda random but I wanted to know if a school can be sued for not closing on a snowy day.

Say a kid is walking to school and slips and breaks a bone, or a car looses control and hits a kid or a bus full of kids?

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

I regret that I do not handle school closing matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: Do heirs have the right to contest the valuation of assests in an estate in Virginia?

Father died intestate in VA, heirs are wife and two children from previous marriage. Wife is personal representative of estate. Father had large collection of vintage musical instruments (personal property) and over the last 4 years they have been appraised and sold. Two children did not agree to... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 7, 2020

Perhaps they should request an accounting from the personal representative and if they question fair market value present it before the courts; however, I suggest they get a lawyer involved sooner rather than later.

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Virginia on
Q: Would reporting gross incompetence of a company to news outlets outlets be covered under whistleblower
F. Paul Maloof
F. Paul Maloof
answered on Dec 29, 2019

I regret that I do not handle whistleblower matters. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for Virginia on
Q: Dbids afi 31-113 for base proceedures. Can a commander bar you from base based on a 27 years old conviction?

My dbids access card was recently flagged for something that happened 27 years ago in Salinas CA. Im honorable discharged Combat Veteran of 23 years. I work on base at fort eustis, VA.

F. Paul Maloof
F. Paul Maloof
answered on Dec 27, 2019

I regret that I do not handle military base access card matters. Sorry.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Virginia on
Q: Can the Virginia Form DC-383 be filed without the respondent's name? Or how else can one stop a private nuisance?

I live in the State of Virginia. I believe that I am being harassed by a neighbor in a manner that I feel meets the definition of a private nuisance. I would like to file a court order to prevent this behavior. I know the origin of the disturbance but I am not sure if I know the individual's name.

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2019

I regret that I do not handle criminal cases. Sorry.

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: My roommate forged my signature on our lease. Can I sue her even though we’ve been living there for five months?
F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2019

The claim of forgery to an written instrument is a serious charge that will require an hand writing expert to testify that the signature on the lease is not yours. You certainly, However, can sue your roommate for forging your signature on the lease. There is a different issue that you may have... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: Only one plaintiff is listed on a lawsuit , but the lawsuit is on behalf of a family. Who would receive the settlement?

After the death of our Mother, My brother filed a lawsuit on behalf of our family. However, he is the only plaintiff on the case; however, the paper work filed by the lawyer has our names listed as children.

F. Paul Maloof
F. Paul Maloof
answered on Dec 19, 2019

Generally, the Estate of a decedent is represented by the Executor of the Estate in a lawsuit. The facts of the case control how the lawsuit is styled and it may be that all the heirs must be named as claimants in your particular case.

1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: I need help filling out a garnishment summons & suggestion for summons in garnishment.

My housemate didn't pay her half of rent & utilities for 3 months, so I had to pay both my share and hers to the landlord. I got judgment for over $2500 from the court. But she finally moved out, and I don't know where she went. I know where she works, though. Can I use her work... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 18, 2019

I handle the filing of Garnishment Summons for wage attachments and for bank account attachments. I charge by the hour. If you want to retain my services, please give me a call so I can send you an Engagement Agreement for your signature before I begin the work. Thank you.

1 Answer | Asked in Civil Litigation for Virginia on
Q: In the state of Virginia what are the laws about restrooms and boarding for overnight trips for transgender students?

My friend is transgender, male to female, and is having trouble with our school. She is unable to use the female bathroom even though she identifies as female and she is not allowed to room with other females on overnight field trips. She gave the idea of making the parents of students who want to... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 17, 2019

I regret that I do not practice in the area of restrooms and boarding for overnight trips for transgender people. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: if a family member has been living with you for 5 yrs or more, and does chores for room and board, and paid a couple cab

cable bills with no lease are they considered a tenant of sufference?

F. Paul Maloof
F. Paul Maloof
answered on Nov 30, 2019

The person in question seems to be more like a guest than a tenant.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord increase rent during a VA residential lease? In lease contract line 13 reads landlord can during anytime

In the event landlord can raise rent, how much notice is needed? Said differently, can the increase be effective immediately i.e. at next due payment?

In the event the tenants don't agree can the landlord evict tenants before the end of the lease?

Of note, this is a six month... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 15, 2019

In consideration of a lease with a 6 month term, at the end of the 6 months, the lease becomes a month-to-month lease by operation of law unless it is renewed in a new written document. During the term of the 6 months, it is a binding contract for which the rent cannot be increased unilaterally but... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: We just purchased a house under a Virginia Real Estate contract.

All parties agreed on price and signed. Can the seller back out because the appraisal came in higher than expected?

F. Paul Maloof
F. Paul Maloof
answered on Oct 28, 2019

There are certain contingencies in a NVAR form real estate contract, revised as of July 2019, if that is what was used. There may or may not be an escape clause in the real estate contract you signed. The best way to know if to hire an attorney who can review the contract and give you a formal... View More

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1 Answer | Asked in Civil Litigation for Virginia on
Q: In Virginia, can you sue an ex-partner for transmitting you genital herpes? Tort suit?
F. Paul Maloof
F. Paul Maloof
answered on Oct 24, 2019

Your question involves a personal injury legal issue. I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

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