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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Virginia on
Q: Do PNC Cashapp and PayPal have any liability for failing to identify fraudulent transactions on their platforms?

On September 3 we realized that our bank account had dropped in value by more than expected through our normal use of the account. Our research showed that more than $40,000 had been taken by unauthorized users (almost 50 based on our understanding of PNC account statements) over a period of... View More

David G. Parker
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answered on Oct 29, 2024

If you are the victim of theft or fraud you should report the situation to your local law enforcement agency. If they take no action, you can follow up by trying to meet with the local Commonwealth's Attorney's Office. As far as civil litigation goes, yes there is potential liability.... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
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answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Can I sue a company that keeps billing me after I pay them?

Called several times and faxed showing where I have paid them. They tell me it will be taken off. But then I get another bill

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Virginia attorney could advise best, but your question remains open for a week. Unless things get out of hand with aggressive collection efforts, it probably isn't worth your trouble and expenses to bring in an attorney to sue in such a situation. The usual first step could be a letter from... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Virginia on
Q: A medical insurance claim was denied, can you help us with the appeal.

My mom suffered a stroke while visiting the US. We bought her a travel medical insurance before her travel dates, but the insurance claim was denied while she was in the hospital. We are trying to file an appeal against it as it falls under their clause "acute onset of preexisting... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A Virginia attorney probably advise best, but you posted last week, and time is of the essence in the matter you describe (the appeal). Don't lose time awaiting an offer of legal services on this forum - the format here is brief Q & A. It isn't set up like a referral service for... View More

4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More

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4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

Bernard S. Via III
Bernard S. Via III
answered on Jun 2, 2024

If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... View More

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4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 2, 2024

A creditor's attempt to collect on a debt that was discharged in bankruptcy by asserting a lien against property that was acquired after the bankruptcy would be a violation of the discharge injunction. The debtor can reopen the case and recover damages, possibly including punitives, and... View More

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4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 1, 2024

With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More

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1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
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1 Answer | Asked in Consumer Law and Banking for Virginia on
Q: More than 6 months ago my 80 year old mother was extorted and withdrew $100,000 in cash from her bank.

My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local... View More

James L. Arrasmith
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answered on Jan 31, 2024

Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: are there any legal consequences for a company making an original price for a product to look like a discount?

In this instance lets say a company has a product out for $26.99 originally, and then fast forward a couple days later I see the same exact product but showing the original price as $29.99 and the original price ($26.99) listed as a discount. There was also a "upgraded" variation of this... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Virginia, and generally across the United States, deceptive pricing practices can potentially lead to legal consequences for a company. If a company intentionally misrepresents the original price of a product to make it appear as if customers are receiving a discount, it may be considered... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: In spotsylvania Virginia can I use in person recording between me and used car dealer as evidence without his consent

He fails to provide me title within 30 days

T. Augustus Claus
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answered on Jan 18, 2024

In Spotsylvania, Virginia, the rules regarding the admissibility of in-person recordings without consent may vary, so it's essential to be aware of state-specific laws. Virginia generally follows a "one-party consent" rule, meaning that as long as one party to the conversation (in... View More

1 Answer | Asked in Business Law, Civil Rights and Consumer Law for Virginia on
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?

They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.

T. Augustus Claus
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answered on Dec 14, 2023

In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination... View More

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

James L. Arrasmith
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answered on Nov 27, 2023

If you stop paying unsecured debts, creditors may take legal action against you, such as filing lawsuits to recover the owed amount. However, in Virginia, Social Security benefits and pensions are generally protected from garnishment by unsecured creditors, which means your income sources might be... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

Bernard S. Via III
Bernard S. Via III
answered on Nov 27, 2023

You should talk with a bankruptcy lawyer in the state you reside. Whether you can file a ch. 7 and hang on to your house is questionable. Most states do not allow you to retain a large amount of equity. VA. looks at tenancy by entirety ownership and whether your wife is a joint creditor with you.... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

Martha Warriner Jarrett
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answered on Nov 26, 2023

Your Social Security and pension are exempt and, depending on where you live, you are eligible to claim a homestead exemption under your state law. Same with your car. If your equity is less than your homestead exemption, you are probably judgment proof. However, that will not keep your creditors... View More

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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from the another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For your situation involving an improperly installed part in a dump truck by a diesel truck shop, leading to lost wages, the best type of lawyer to consult would be one who specializes in consumer law and contracts, with experience in automotive cases. Such a lawyer will have the necessary... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For a lawsuit involving a diesel truck shop's improper installation of a part in your dump truck and resulting lost wages, you should look for an attorney experienced in consumer law and contracts, particularly one with a background in automotive issues or business litigation.

This...
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