Virginia Consumer Law Questions & Answers

Q: Failure to protect client's interests; failure to exercise reasonable degree of care; failure to exercise ordinary care

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Answered on Feb 2, 2019
Richard Sternberg's answer
Those seem to be your legal conclusions as might some day be reached by a court after trial. Perhaps you should review the facts with a lawyer privately and ask questions about whether your facts meet those legal standards.

Q: I have a student loan in va it's not federal but not private . Is there a statute of limitation?

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Jan 25, 2019
L. Ilaine Upton's answer
The loan has to be either federal or private. There is no other option. Ask for a copy of the promisssory note, if you don’t have it anymore. And a payment history. That’s your first step to figuring this out.

Q: Can a bank sue me for overdraft charges from November 2010? Received a phone call yesterday saying I will be served.

1 Answer | Asked in Banking, Consumer Law, Contracts and Criminal Law for Virginia on
Answered on Jan 22, 2019
Timothy R Johnson's answer
They can sue you, but you will probably maintain a strong defense that the claim is past the statute of limitations, unless you acknowledged the debt on the phone call.

Q: I'm requesting referral to appropriate lawyer based on type of case.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Answered on Jan 16, 2019
F. Paul Maloof's answer
Contact the Commonwealth Attorney for the jurisdiction in which the business is located and make a formal complaint.

Q: What type of claim should I file against a repo company that damaged my car during tow and transport? Warrant in debt?

1 Answer | Asked in Consumer Law for Virginia on
Answered on Sep 27, 2018
Jay Braddock Jackson's answer
Your collision or comprehensive coverage is the best way to go. you will need to pay the deductible initially, but when your insurance company files a claim against the tow company or their insurer, they will include your deductible in their efforts and when they are paid, they will return your deductible to you. You may be able to make a claim for the loss of use of the car, but you will generally need to show some sort of bill or receipt for what you paid for your replacement (Like a rental...

Q: What are my options? My bank accessed an account that I am not listed on and processed my reguested transactions.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Answered on Sep 23, 2018
F. Paul Maloof's answer
This Is a criminal law matter which I do not handle. Sorry.

Q: LL retaliated after notice of repairs not made by refusal to accept new signed lease before he got letter

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 10, 2018
F. Paul Maloof's answer
You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.

Q: I have been issued a warrant of debt from Velocity Investments regarding a 5 yr old debt that was written off

1 Answer | Asked in Consumer Law for Virginia on
Answered on Jul 22, 2018
Robert R Weed's answer
You NEED to show up in court, ask for a trial, ask for a Bill of Particulars and tell the judge your defense is statute of limitations.

That will get you a couple of months to prepare a defense, and if needed line up a lawyer.

Q: My car was repossed

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Answered on Jul 6, 2018
Robert R Weed's answer
If you never received the 10 day notice letter, then WHAT was drafted on 6/29 and received on 7/6. I'm missing step I need to answer your question.

Q: What is the statute of limitations in Virginia for credit card debt? It is 6/23/2018 and these debts date back to 2011.

1 Answer | Asked in Consumer Law for Virginia on
Answered on Jun 23, 2018
Robert R Weed's answer
Probably five years.

Remember that statute of limitations is an affirmative defense; if you are being sued on a credit card you need to go to court and claim the statute of limitations.

Q: I received a warrant-in-debt and I don't know what to do?

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Jun 1, 2018
Robert R Weed's answer
The reason bankruptcy is in the law is NOT really so donald Trump could keep his casinos. It's so you can clear these debts and get back to good credit and get on with your life. You need to talk to a bankrutpcy lawyer.

Q: I signed a contract with a dealership, said they made a mistake and need to resign contract, the time limit expired and

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Answered on Apr 26, 2018
Robert R Weed's answer
This is called a yo-yo sale scam and it's very common.

Lawyers who specialize in car dealer fraud see this a lot.

One place to look for lawyers who do that kind of work is here. https://www.consumeradvocates.org/find-an-attorney. Good luck!

Q: I currently have a garnishment. I missed the first court date due to the creditor had the wrong address.

1 Answer | Asked in Consumer Law for Virginia on
Answered on Mar 25, 2018
Robert R Weed's answer
If you can PROVE to a judge that the papers for the first court date went to an address that you can PROVE you didn't live at during that time, then the judgment is not valid and they need to start over.

Virginia Judges are not quick to throw out bad judgement. Also the Judge is likley to ask you whether you owe the money and turn you down if you say Yes, although constitutionally that Judge should NOT do that.

Q: I live in Alexandria Virginia but I need to file bankruptcy to save my home in Louisiana. I need help very badly

1 Answer | Asked in Bankruptcy, Consumer Law and Divorce for Virginia on
Answered on Feb 17, 2018
Robert R Weed's answer
OK Bankruptcy filed where you live covers all the property you have anywhere in America, so you need to talk to a bankrutpcy lawyer in Northern Virginia.

Q: Hi, we have fallen 78 behind on our second mortgage. Want to make full del. Payment, but lender will not accept paymen

1 Answer | Asked in Consumer Law for Virginia on
Answered on Feb 17, 2018
Robert R Weed's answer
What happens if you just mail in the payment!

Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.

1 Answer | Asked in Consumer Law, Real Estate Law and Small Claims for Virginia on
Answered on Feb 14, 2018
Richard Sternberg's answer
You very likely have a cause of action, and it may involve a claim for attorneys' fees and treble damages. Waterproofing can become a major expense, and restoration and replacement of carpets and walls destroyed by flooding can become a major expense. You should consult with counsel as soon as possible. I noticed that Moneta is twice the distance for me as the drive to Charlottesville, so it is impractical to act as anything more than consulting counsel, but you need to see a litigator in your...

Q: can a funeral director hold your loved one hostage for payment when you are paying on it

2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on
Answered on Feb 11, 2018
Peter N. Munsing's answer
Sounds like a violation of law. Contact a member of the Va. Trial Lawyers Assn as there may be a claim for "misuse of a corpse."

Q: I allowed this couple to take over payments for my car I cannot afford, but they are not making payments

1 Answer | Asked in Civil Rights, Bankruptcy and Consumer Law for Virginia on
Answered on Jan 20, 2018
Matthew Lane Kreitzer's answer
Your first stop should be your local Legal Services. They can offer you legal help if you are unable to afford a lawyer. Schedule a time to speak with them.

Q: Is there a limit on how much a creditor can set on a monthly payment plan to pay a an old debt?

1 Answer | Asked in Consumer Law for Virginia on
Answered on Jan 16, 2018
Matthew Lane Kreitzer's answer
To answer your main question; No. There are limits to garnishment proceedings, but not payment plans. If you are having difficulty paying, consult with a consumer protection lawyer to determine your rights.

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