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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My wife, recently passed away leaving old debt from medical bills. She had been making small payments monthly for yrs.

The debts are related to the period prior to her 65th birthday, when she became covered by Medicare The amounts collectively total in excess of $20K. My question is: As her widower am I responsible for the debt? I'm a disabled veteran age 73, at death my wife was 71. I couldn't possibly... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 30, 2017

If your name is not on those debts you are not responsible for them. However, any money she left behind solely for you would be required to pay off those debts.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Can a contract signed by a canceled LLC be set aside as an invalid transaction?

Sales contract asserted to be fraudulent on several levels was signed by an LLC that that had been canceled under Va. Law five months earlier. Can a plaintiff assert that the contract as written was invalid due to the status of the LLC and as such void the contract or hold parts invalid

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 21, 2017

Yes they can. An LLC must be considered active with the SCC to be able to conduct transactions.

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Lemon Law for Virginia on
Q: We just purchased a car and found out 3 wks later it shouldn't have passed state inspection! What do we do?

The air also didn't work so well and the top quit working the first week. So, we took the car back and the manager sent it to the service department to be checked. They determined the air compressor and motor in the top were bad and refused to do anything to fix it. All within the first 2... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 7, 2017

In Virginia, the general rule when buying a vehicle is "Buyer Beware." This rule may block you from any recourse. However, the Consumer Protection Act in Virginia will cover your vehicle, especially if there was a latent defect and the dealer should have known about the defect when he... View More

1 Answer | Asked in Business Law, Small Claims, Construction Law and Consumer Law for Virginia on
Q: I hire a company to do repairs to my house .the company started but never finished. Can I hire a lawyer to handle case?

I asked him to give me the materials that was purchase and I will get someone to finish the work. He keep saying he is going to finish it's been since March 2017.. I know he had a few family issuses but I need the work completed. We have a sign contract and he also been paid some money

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 30, 2017

Yes this would be an ideal case to hire an attorney on

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Q: Can a collection agency sell your account after it has served a warrant in debt on you?

My friend was served a warrant in debt about a month ago. He has sense received another letter from a different collection agency for the same account. But the amount is less than the original one.

Robert R Weed
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Robert R Weed
answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: In the state of virginia is a car loan servicer supposed to send a notice of default before repossessing a vehicle?
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 14, 2017

our loan contract should specify exactly what constitutes a default that could lead to a repossession. Be sure you understand the terms of your contract Tow Truck Towing a Repossed Carbefore you miss a payment. Some contracts allow for a seizure of your vehicle as soon as you miss your first... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Health Care Law for Virginia on
Q: I had my bank account garnished over a hospital bill now 2 months later my paycheck garnished over same hospital

This is in Richmond Va. what can I do they will not take payment arragments

F. Paul Maloof
F. Paul Maloof
answered on Jul 1, 2017

You have the right to file a homestead deed or you can file bankruptcy. You should consult a local attorney.

2 Answers | Asked in Consumer Law and Real Estate Law for Virginia on
Q: When a mortgage loan is not approved, who is entitled to buyer's earnest deposit, seller, seller's realtor, or buyer?

I would like to consult you on a real estate matter, and find out whether you are willing to assist me in this case which you may consider to be too trivial.

We were going to purchase a property which was not listed in MLS, but was offered to us at $145K via a seller's realtor, and... View More

Vincent Gallo
Vincent Gallo
answered on Jun 23, 2017

That will depend exclusively on what the language in the contract that you executed recites. As I have heard said time and time again, one doesn't require an attorney until you require an attorney.

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1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Q: My truck was repossessed. The bank did NOT send me written notification of repo or auction date and time. What can I do?

I was trying to sell my road tractor with the help of a dealer. I contacted the bank and let them know I was having a problem and could no longer make the payment and where the truck was sitting for sale. There were several phone conversations with the lady at the bank including a conversation with... View More

F. Paul Maloof
F. Paul Maloof
answered on May 31, 2017

You may be entitled to bring a claim in Court against the bank. It will get involved and may be expensive. You should consult a lawyer in your locale for advice.

1 Answer | Asked in Civil Litigation, Small Claims and Consumer Law for Virginia on
Q: Insurance company has been charging me for years for a car that was deemed a total loss by them.

I recently discovered that a car that was totaled years ago is still on my insurance policy. The claim was made through the same insurance company that is still charging me. They cut me a check and picked up the car, but never removed it from my policy. Im attempting to get my money back for the... View More

F. Paul Maloof
F. Paul Maloof
answered on May 18, 2017

You will certainly get their attention when you file a lawsuit against them.

1 Answer | Asked in Criminal Law and Consumer Law for Virginia on
Q: A motor vehicle has been parked on the shoulder of a two lane country road for 3 days. Can I take it and claim it?
Steve Miyares
Steve Miyares
answered on May 10, 2017

Vehicles abandoned for more than 48 hours can be claimed by another person as an abandoned vehicle. However, before being able to claim ownership, there are certain requirements of providing proper notice to the vehicle's lawful owner and giving them the opportunity to reclaim the vehicle.... View More

2 Answers | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Virginia on
Q: How can a dismissal for improper venue be overturned after Appeals Court affirmed?

Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?

Brian Lehman
Brian Lehman
answered on Mar 5, 2017

If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.

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2 Answers | Asked in Consumer Law, Products Liability and Juvenile Law for Virginia on
Q: Is it legal for me to sell alcohol or tobacco in a store that I work in if I'm under 18?

I just wanted to know if either one is legal here or if they are both illegal....

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 27, 2017

In most states, you must be 21 to sell alcohol, although I am unsure about the sale of tobacco products.

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1 Answer | Asked in Collections, Consumer Law and Small Claims for Virginia on
Q: I sold an item for about $200 over the internet who never paid. Buyer is in a different state. Am I able to collect?

I sold an item for about $200 over the internet to a member on Reddit. Since I had never sold before I had no reputation so I agreed to ship item and wait for payment after they received. I only did this since the other member had a long history on the forum so I assessed a low risk. After they... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Nov 29, 2016

You can sue them, but that is not the same thing as collecting money. And there will be complications with suing them. And it will probably cost more to talk to an attorney about it than you will be able to afford. You could pursue the matter criminally, but that will likely not accomplish much.

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: Can a contract legitimately renew without notifying me?

I have a contract with a dumpster company that I have been trying to cancel for a while. The contract officially ends November 13th. I called to cancel and they said that renewal has already begun because they didn't receive written notice 120 days in advance as per contract. I told them they... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Nov 8, 2016

If the contract says that you need to cancel through written notice 120 days in advance, then a court is likely to enforce that.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Virginia on
Q: Just bought used car that was inspected (Va. State inspection) and shouldn't have passed due to tire tread depth?

The dealership inspected the vehicle and passed the same month I bought the vehicle. Both tires on the rear look good as far as outer tread but the center of the tire is worn down below code. Is this legal and how do I deal with the issue. Its a used vehicle with as is no warranty. But can it be... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 6, 2016

If it being inspectable was part of the deal--i.e. it was inspected before sale, then it's presumed that it met inspection requirements. Have it checked out to see if anything else is below the line, ask the dealer to give you new tires as part of the deal was inspectability. They don't,... View More

1 Answer | Asked in Small Claims, Car Accidents and Consumer Law for Virginia on
Q: Do I have any rights to secure more money than just book value in order to cover my loss to payoff my existing loan?

Hoping you can help. I was rear-ended yesterday morning on my way to work. I was in a Lexus IS, he was in a company truck (a Ford F150). I learn today that my car is a total loss. My understanding is that I will get book value for the vehicle. However, my loan is for more than the book value... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

The more money is your injury claim. If you got hurt you need to get a medical checkup. You aren't a crash test dumy. If your lexas was totalled that is some hit. Contact a meber of the Virginia Trial Lawyers Assn--they give free consultations.If your car is a lease that is on you. Likewise... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Is the SOL in VA for credit card debt from the date of last payment or from when a collector picks up the debt?

I haven't made a payment on a credit card since 2010 and the debt is in collections. Can the collectors send me to court or is the debt considered past the SOL because it's been over 5 years since I've made a payment?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Aug 17, 2016

Generally speaking, the statute of limitations period depends on whether this was an open account or a closed account, and when the last payment was made. If you have a question about your particular case, you need to hire a Consumer Protection attorney in your local area.

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: After apllying for credit, i was sent a contract can i be charged for the charges even though its not my signature

This application was done at a repair shop

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

You can be charged for the reasonable cost of repairs; not sure what the charges are. You can't be charged for a contract you didn't sign.

1 Answer | Asked in Bankruptcy and Consumer Law for Virginia on
Q: I have a VA judgement for 6k on a bank loan (2009) creditor has never contacted me. Any steps to negotiate payment plan?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jul 5, 2016

Depends on more information to determine the strength of your negotiating position. You may want to reach out to a Consumer Protection attorney.

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