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Virginia Consumer Law Questions & Answers

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance. Do I gave any recourse?

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 24, 2019

You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 23, 2019

If you didn’t receive notice, you may have recourse again the lender.

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1 Answer | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Virginia on

Q: Is my lease valid if the owner did not have the proper zoning permit for an accesory dwelling in Arlington?

Zoning enforcement just said the property is in violation of zoning because the owner does not have the proper permit to divide a single family home into a duplex. Can i get my deposit and rent money back? The owner doesn't want to end my lease.

Do I have good grounds to file a lawsuit?... Read more »

F. Paul Maloof answered on Apr 7, 2019

If the landlord will not agree to terminate your lease, you will need to file suit and seek a judge to determine the lease is void as a matter of law.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Virginia on

Q: Owner wants to install a French drain 2 weeks before we move. Huge mess, lots of noise. Do I have any rights?

We’ve been here for 4 years and have a lot of stuff in the garage. We go back and forth in the garage, have a dog, and homeschool one of our kids. This will be a noisy, messy situation. He simply doesn’t want to have to live with it being done when he moves back into the house. We have so much... Read more »

F. Paul Maloof answered on Apr 1, 2019

The tenant has a right pursuant to the common law covenant if quiet enjoyment to not be disrupted by the landlord or its agent during the term of the lease. Your recourse is to sue the landlord and seek a temporary restraining order until the lease term end.

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on

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

Realtors licensed to do business in the state of Virginia failed to exercise fiduciary responsibilities to client; failed to protect client's interests, failed to exercise reasonable degree of care; failed to exercise ordinary care;

Richard Sternberg answered on Feb 2, 2019

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.

1 Answer | Asked in Consumer Law and Collections for Virginia on

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

Promissory note says 2011. Attorney general has it now and is taking my tax refund. Just filed a chapter 7

L. Ilaine Upton answered on Jan 25, 2019

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.

1 Answer | Asked in Banking, Consumer Law, Contracts and Criminal Law for Virginia on

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

When I called back the man was not nice and said once papers are served on January 23, 2019 he can no longer help me. That today payment would be $415 (on a $100 overdraft fee) if I go to court payment would be $1245 with court fees. I googled the company EDR in Maryland but couyfind any... Read more »

Timothy R Johnson answered on Jan 22, 2019

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.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on

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

I received a weight loss/fat reduction service from a fitness center in VA. This required creation of a record of treatments that included PII and photographs of me in underwear ("before and afters") and showing my face. An employee providing me this service was terminated, and took with her my... Read more »

F. Paul Maloof answered on Jan 16, 2019

Contact the Commonwealth Attorney for the jurisdiction in which the business is located and make a formal complaint.

1 Answer | Asked in Consumer Law for Virginia on

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

I'm asking about 15,000 for damage and inability to safely drive car for over a month.

Jay Braddock Jackson answered on Sep 27, 2018

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... Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on

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

24 hours later, the police came to my house and arrested me. Ripped from my house, humiliated, hurt and Incarcerated for 5 days because a bank employee did not verify the proper authorized person or people listed on the account. Since I did not violate any laws but I was arrested and charged, can I... Read more »

F. Paul Maloof answered on Sep 23, 2018

This Is a criminal law matter which I do not handle. Sorry.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Virginia on

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

We were on month to month, we signed new 1 yr. lease on 8/5/2018 prior to LL receiving our letter Monday of non-repairs of leaking roof and inside walls, received letter today that we are to move out by 09/30/2018, even though we had already signed a new lease the day before! This is retaliation... Read more »

F. Paul Maloof answered on Aug 10, 2018

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.

1 Answer | Asked in Consumer Law for Virginia on

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

The debt is 5 years old was written off by Lending Club so a bit perplexed as to what to do. Unfortunately my case is appearing on Monday, July 23. I was quoted $1000 fee by another attorney up front which I thought was a bit off given the nature of the case and my research of Velocity’s nature... Read more »

Robert R Weed answered on Jul 22, 2018

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.

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on

Q: My car was repossed

I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.

Robert R Weed answered on Jul 6, 2018

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.

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1 Answer | Asked in Consumer Law for Virginia on

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.

Robert R Weed answered on Jun 23, 2018

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.

1 Answer | Asked in Consumer Law and Collections for Virginia on

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

Hello,

To make the story short, my significant other passed away and left me to care for our daughter alone. Anyways, a few years ago I opened a loan in desperation thinking I was able to afford to pay it off but the bi-weekly payments got the best of me and it was either rent or the loan.... Read more »

Robert R Weed answered on Jun 1, 2018

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.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Consumer Law for Virginia on

Q: Emotional Support Animal with all legal documents relating to ADA necessity made to pay for travel with owner.

What kind of lawyer do I need to bring this major company to court for denying ADA rights to emotionally disabled individuals.

F. Paul Maloof answered on May 15, 2018

You need an ADA rights lawyer.

1 Answer | Asked in Contracts and Consumer Law for Virginia on

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

Now I have to have a co-signed or cough up extra 2,200 or else they will take my car. I returned car. I was going to get refunded my downpayment but they want to charge me $900. Technically there’s no contract right? What do I do I had no idea about the time frame or deadline of having to resign... Read more »

Robert R Weed answered on Apr 26, 2018

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!

1 Answer | Asked in Consumer Law for Virginia on

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

I owe the money, but can the garnishment be stopped?

Robert R Weed answered on Mar 25, 2018

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...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Divorce for Virginia on

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

All of our belongings are in there and sell date is late March

Robert R Weed answered on Feb 17, 2018

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.

1 Answer | Asked in Consumer Law for Virginia on

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

Payment. They have locked all of our accounts so that the only way to pay is through a collection manager. She has nor returned my calls. We have not received a demand letter or notice of default.

Robert R Weed answered on Feb 17, 2018

What happens if you just mail in the payment!

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