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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: What constitutes a written agreement with consumer debt?

I've been served warrant on credit card that was opened online and payments stopped more than 3 years ago. This account was opened by my ex husband in my name but I can't prove this. Statute of limitations would be easier.

Elaine Jarvis
Elaine Jarvis
answered on Jul 7, 2022

I assume you mean a warrant in debt, which is a contract-based claim in general district court. First piece of advice is to absolutely appear and ask for a trial to dispute the debt. Second, in Virginia, you have the right to request all the documents that gave rise to the debt. This is called... View More

1 Answer | Asked in Consumer Law and Personal Injury for Virginia on
Q: Can I sue a college over late letters of recommendation from faculty?

Hello, I am a graduate student and I requested letters of recommendation for doctoral studies from both my graduate and undergraduate faculty from two different schools and they both turned the letters in late even though we had communicated via email prior. Once I saw that the letters were late... View More

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. Unfortunately, one of the issues that would confront a law firm that contemplated such a case would be the determination of damages, absence of contract issues and uncertainties... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Do I have grounds to sue a vehicle dealership for failing to deliver a valid title to the DMV?

Hi! I am having an issue with a vehicle dealership in VA not sending the NCDMV a corrected title. The original title sent at purchase omitted the VIN number. NCDMV sent them a letter in March 2021 requesting a corrected one and they still have not. I have called and emailed them with no response. I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 26, 2022

You need to consult a qualified consumer law attorney in Virginia about this. If the vehicle were purchased in North Carolina it would be subject to NC DMV fraud and licensing bureau for car dealers. I suggest filing a complaint with the Virginia equivalent of North Carolina DMV theft or car dealer... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: I bought a car March 5th 22 “NEW” inspection sticker since i’ve had issues such as axels, the control arms they wont fix

they’re refusing to fix the issues it had when i purchased the vehicle that were not told to me and refusing to give me money back this vehicle should’ve never had a new inspection sticker

Steven Krieger
Steven Krieger
answered on Mar 19, 2022

If the vehicle was represented to you as "new" and it was not new, then you have a claim. If you have a warranty, the warranty should cover these repairs regardless. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Virginia on
Q: Can I sue an establishment as a customer for mental and medical distress from an employee? I contacted 7 eleven already

I was a truck driver. I went into the 7 eleven due to a stomach ache for some Tylenol. I didn't see it so I decided to use the bathroom instead. There was an item in front of the door but no do not use sign or out of order sign. Like 5 minutes after I sat down a big loud man Congress banging... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 19, 2021

A lot depends on what the person did, was it on video, etc. Certainly, there is no excuse for chasing someone out of a stall. However in most states emotional distress cases are difficult. You should consult with a member of the Virginia Trial Lawyers Association for the county where it happened.... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Virginia on
Q: Hi. I was wondering during if I would go to jail for a second theft charge?

my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.

Bernard Crane
Bernard Crane
answered on Jul 19, 2021

Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... View More

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Virginia on
Q: I bought the house that I was renting from the owner, he is supposed to do some minor repair that we agreed on

now all papers are signed and he still did not do the repairs, I also did not get a refund for my security deposit, my deposit was not part of the deal. What are my options.

F. Paul Maloof
F. Paul Maloof
answered on May 18, 2021

You obviously have a breach of contract case. You should file a Complaint in the Court where the property is located and seek an award for damages of the failure to make the repairs in accordance with the contract.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a warranty w/my car 2yrs ago,I tried today to use it,but it wasnt sent in. I was scammed/faked what can I do?

I was sold a cilajet warranty with my car. I called to make a claim and the company says it was never submitted by the dealer. The dealership had no contracts with the company that they sold me the warranty for. Im paying on the warranty for nothing. I have the original contract. The manager... View More

Steven Krieger
Steven Krieger
answered on Mar 4, 2021

You should sue the dealership for the cost of the warranty you "bought" and the cost of the repairs you're going to make that would have been covered under the warranty. You certainly have a breach of contract claim and possibly a fraud claim. If you decide to hire a lawyer, I'm... View More

1 Answer | Asked in Criminal Law, Consumer Law and Civil Litigation for Virginia on
Q: I need help on deciding whether to file a criminal or civil case. I recently bought a vehicle and was given a fake title

I bought a truck under the agreement that I would be provided a clean title. The guy gave me a complete different title then what was promised. I then found out he never registered the truck in his name therefore he would be title jumping with isn’t allowed. I believe what he did was fraud or... View More

F. Paul Maloof
F. Paul Maloof
answered on Feb 17, 2021

You can speak with a law enforcement officer and a Magistrate Judge about filing a criminal charge. You more likely have a civil complaint and you should file a complaint with the Virginia DMV.

1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Virginia on
Q: I have a check from my fathers IRA. He had passed away back in October. The company Meryl Lynch issued the check out to

So the check with the bank name that is now closed under my father and my name. it does state "F/B/O fathers name IRA and acct#****. but the bank won't even accept the check and create an estate account. This is the second check that was issued from them and they cant get it right.

Richard Sternberg
Richard Sternberg
answered on Jan 28, 2021

I don't know whether there is enough money involved to make it worthwhile, but I think a simple one-hour consult would straighten things out. It sounds to me like the brokerage hasn't explained that the funds are not part of the probate estate, so they don't belong in an estate... View More

1 Answer | Asked in Consumer Law, Copyright and Trademark for Virginia on
Q: If an attorney sends you a cease and desist request, is is normal for them to also ask for fees?
Steve Charles Vondran
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Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2020

This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®

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... View 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... View 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... View 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... View 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... View 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... View 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... View More

Robert R Weed
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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...
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