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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Copyright for Virginia on
Q: jewelry store knowingly sold me a fake rolex.

Purchased a preowned Rolex from an established online jewelry store. What are my rights?

Steven Krieger
Steven Krieger answered on Oct 6, 2020

You could sue them for a violation of the VA Consumer Protection Act, but you'd need to have someone testify that the watch is a fake. You'd be able to recover the amount you paid, reasonable attorney's fees, and possibly treble damages if you can prove that the store knew the watch... Read more »

1 Answer | Asked in Consumer Law for Virginia on
Q: If someone was giving a personal loan for $100,000 from a friend in writing 16 years ago is there any legal recourse?
Steven Krieger
Steven Krieger answered on Oct 3, 2020

It depends on whether there were any subsequent affirmations and/or payments on the loan and when the loan was supposed to be paid back. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: Can Advance Financial take legal action against me, garnishment, etc?

I took an online loan from Advance Financial 24/7 10/2019 for $1250. From October to March 2020 I paid them about $325 a month. In March I enrolled with Encompass Recovery Group, a debt settlement group for payday loans. They settled (late August, early September) with Advance Financial for... Read more »

Timothy Denison
Timothy Denison answered on Oct 2, 2020

Yes. They can sue you for anything short of your full agreement.

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: I received a letter from a VA Lawyer that include the debt I owe and his fees. I am required to pay the fees too?

I owe a debt for some dental expenses. I never received the final notice that the debt was going to collections. So I was under the impression that my insurance was working this issue, per a conversation I had.

The letter caught me by surprise, because the debt stated was 50% more then the... Read more »

Robert R Weed
Robert R Weed answered on Aug 6, 2020

Maybe not.

Did your written agreement with the dentist say anything about attorneys fees? If not, then they may not be able to collect them. Did it say "reasonable" attorneys fees. What's reasonable if so far all that's been done is to write a letter.

Is this...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Virginia on
Q: What is the penalty (if any) for HOA board violating the VA Property Owners Association Act?
Elizabeth Crego
Elizabeth Crego answered on Jul 20, 2020

That depends on what they did. Violating the POA Act is unlikely to result in criminal liability on its own. You would want to read the Act in conjunction with the HOA's governing documents to determine what the board did and how to proceed. I recommend getting an attorney to help you... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: Does anyone know if agencies reporting derogatory information upload non-suited cases? Does this affect one's credit?
F. Paul Maloof
F. Paul Maloof 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.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Virginia on
Q: Hi, Can i gift out my newly FHA/VA Loan house to my parents?

I bought the house but want to gift out this house to my parents

Richard Sternberg
Richard Sternberg answered on May 27, 2020

If it is yours, you can surely gift it. Either a quitclaim deed or a warranty deed will do the trick. I'd have to check, but the transaction may be tax-free, like a transfer between spouses. If not, there will be transfer and recordation taxes. The mortgage loan to a near certainty has a... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Virginia on
Q: Do credit card companies typically renew judgements after 10 years in VA? I'm 3 years away from the 10 year mark.

I want to know my best move. I'm looking to buy property in 3-4 years and am concerned about the judgements against me. They are 7 years old for 6k and 4k at time of judgement. Do they automatically renew? What is the process for renewal and how would I know if it was renewed? They... Read more »

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

Generally credit card companies and their attorneys will renew judgments just before the 10 year period arrives. It is not automatic and counsel must file pleading with the court.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: Visitor My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to

Visitor

My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to have the loan in his name. The home won't be available until June. How can I secure myself in the event of a breakup? We both put money in on the deposit. If he... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Mar 28, 2020

I assume have have not closed on the house. If so, then part of preparing closing documents is a deed which is basically a title, a document showing ownership to the property. Make sure your name goes on this deed. A lawyer will be drafting this deed to transfer ownership from seller to purchaser.... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: My fiance/I signed a contract to build a new home. We've both put monies down for the deposit. We are having major

issues. We knew that my credit score wasn't high enough to be on the loan and agreed to proceed. The loan will be in my fiance's name. If we break up prior to the completion of the home what are my rights as far as my share of the deposit.

Richard Sternberg
Richard Sternberg answered on Mar 11, 2020

Your rights need to be defined in a contract. Otherwise, both of you will have the right to pay one of my brethren and sisters lots of money to resolve it in court.

3 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for Virginia on
Q: Can the power company refuse a tenant power due to the manger and /or owner of the property owing a bill?

The power company here in VA took my deposit, gave me a date to turn the power on, didn't, then required a notarized lease and whereabouts of the previous tenants, even though I as the new tenant didn't know the previous tenant, I get all this documentation even after they still... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2020

This is an issue between you, the landlord and the power company, Lawyers cannot help you figure out how to get the power turned on. All we can do is advise you to solve the problem or leave.

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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... Read 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 Consumer Law and Small Claims for Virginia on
Q: Can we file a lawsuit against Ashley furniture for false advertising and misinformation?

We purchased bedroom and dining room furniture from Ashley furniture about a year ago. The furniture's cost us about $8000 plus insurance coverage of $600. In about a year, the coating of the furniture has been peeling off, the chairs legs are lose and the joints are broken. We reached out to... Read more »

Robert R Weed
Robert R Weed answered on Dec 3, 2019

Virginia has some of the weakest consumer protection laws in the country.

One place to look for a lawyer who could be able to take it on is National Association of Consumer Advocates. https://www.consumeradvocates.org/find-an-attorney

1 Answer | Asked in Consumer Law for Virginia on
Q: What can we do if the landlord doesn’t clear the crawl space and plumbing problem?

We recently moved into it rental house in July a couple of months later we noticed that the crawl space was filled with water and feces. We noticed because the smell was coming into the house. We have contacted the landlord on numerous occasions and he continues to stall. What can we do as... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2019

I'm sorry your post remains open for three weeks. Consumer law attorneys don't really deal with these types of issues. Try reposting in the Landlord-Tenant section. A Virginia L-T attorney would have a better chance of picking up your question there. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for Virginia on
Q: Another do I pay?

Was told I had zero balance and given copy of invoice showing total due 0.00

They say it was a mistake. Do I pay?

Tim Akpinar
Tim Akpinar answered on Oct 4, 2019

A Virginia attorney could advise best here, but your question remains open for two weeks. As a general matter, entities, whether they be banks, stores, or other parties to a contract generally have the right to reconcile errors that result in windfalls to the other side. Ethically, the law is also... Read more »

1 Answer | Asked in Consumer Law for Virginia on
Q: Consumer rights
Adam Savett
Adam Savett answered on Aug 30, 2019

Sometimes they have them, and sometimes they don't.

Depends on contract / statute /common law.

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