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Virginia Consumer Law Questions & Answers
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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View More

Robert R Weed
PREMIUM
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... View 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... View 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.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: On July 29th I had a vehicle towed from in front of a service station and placed in storage.

On August 1, I went to recover my vehicle and was charged 475.00. There was an issue later that day in recovering my vehicle, the individual picking it up was late arriving to the garage, even though the operator was still there, he refused pickup on my vehicle. On August 6 I again made... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 6, 2019

I do not handle vehicle towing cases. Sorry.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: My vehicle was towed prior to 5:00pm from a service station parking lot on Monday. I went to pay recovery fee on Thurs.

August 1 and was charged $475.00 . Is this excessive for the commonwealth of Virginia. Upon questioning the company owner about the charges his reply was “Because I can!!!”

F. Paul Maloof
F. Paul Maloof
answered on Aug 6, 2019

I do not handle car towing cases. Sorry.

1 Answer | Asked in Consumer Law, Contracts, Energy, Oil and Gas and Small Claims for Virginia on
Q: MonPower refuses to start my service because the last landowner had a back bill. I even sent them a copy of my lease

Is it legal to deny me electricity for a stranger's debt?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 15, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

Pay the balance and then sue the...
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1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Going back to April 2009 a judgement was put against me for a credit card in General District Court. Had some problems.

Received a garnishment summons today through my employer for a court date in October 2019 in Circuit Court. What are my rights in regards to Statatue of Limitations in the State of Virginia? Do I just show up for the court date and explain to the Judge this is time barred and the case should be... View More

Robert R Weed
PREMIUM
Robert R Weed
answered on Jul 9, 2019

It's not time barred. Once they have a judgment against you they can garnish for ten years; AND they can extend it for another ten.

If you have a judgment you need to either pay, or file bankruptcy. Only very rarely do they just go away.

1 Answer | Asked in Collections, Consumer Law and Contracts for Virginia on
Q: I hired a property manager for my unit in Puerto Rico. She collected the taxes for the Tourism company and was supposed

to file them for me. They say they have not received the forms or taxes. I live in the US mainland, Virginia. Is there a way I can get the records she says she filed or the money I paid her back? Thank you.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 2, 2019

If you and the property manager have a written contract you should look to it first, before doing anything. If you do not have a written contract you might be out of luck. But in either event you can always hire a lawyer licensed to practice in Puerto Rico to help you get the missing money back.

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
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.

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