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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Collections and Consumer Law for Virginia on
Q: I had a vehicle repossessed w/a judgement to pay remaining balance 2001 what is the Statute of limitations on this in VA
Gary D. Godman
Gary D. Godman
answered on May 27, 2016

Generally, the statute of limitations on judgments is 20 years, with another 20 years if requested by the owed party. You're likely still on the hook. Sorry.

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: if someone has a vehicle of someone's and will not give it back to the real owner with the title, can owner just take it

person one is keeping a vehicle of person 2 (the real owner) will not give it back because he said person 2 owes him money. can person 2 just go get the vehicle?

Gary D. Godman
Gary D. Godman
answered on May 25, 2016

I'm afraid the answer is "it depends," especially if the car is placed on private property. Contact the Stafford County Sheriff's Office and be prepared to show them the paperwork. If that doesn't work, speak with a local attorney to take it through the court system. I... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: can I sue an iPhone repair store for taking parts out that are not associated with repair

Screen replaced, then was inresponsive hours later. Took it back they fixed again then, week later repeats itself. Believe I called them to fix again.. Then before I could I broke the screen dancing. Figuring they won't replace a screen I broke, I decided to take it else where. The man who... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on May 19, 2016

Potentially. You should seek out a local attorney to discuss the specifics of your case, the cause of action that should be filed, and how best to pursue.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Virginia on
Q: I received a warrant in debt (Civil Claim for Money) in Suffolk, VA but we are moving to Florida next week before the

hearing we are a military family. My husband is the active component what do I do? I was not served the papers they were in the mail and it has no case #

Gary D. Godman
Gary D. Godman
answered on May 18, 2016

There is a section of law called the "Servicemembers Civil Relief Act" that provides some protections as far as court appearances are concerned. Since this is coming up fast, you want to contact a general practice / debt protection attorney in your area ASAP to help defend your case. If... View More

1 Answer | Asked in Collections and Consumer Law for Virginia on
Q: A "mediator" called attempting to settle a debt between me and a company. No payments since '07. VA SOL make this done?

Oral contract via phone, has been 9 years since I heard from these people, claimed they sent notices to an address I have not lived at for 9 years, not one phone call or message received. Mediator claims the company is taking me to court 9 years after they stopped receiving money from me. I am in... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 26, 2016

You really should reach out to a Consumer Protection attorney based on what you just stated, as they may have violated Federal Law.

1 Answer | Asked in Consumer Law, Education Law and Contracts for Virginia on
Q: contract?

I signed a contract with a college saying that If I live in Z area, I must purchase a dining of X size or greater. I previously did not buy a dining plan due to me living in area Y. I moved into Z area late in the semester. The college then charged my account for a dining plan that is smaller than... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

Under your thinking then, they should just charge you X size plan, full price, as that is what you agreed to. Does that work better or worse for you?

1 Answer | Asked in Consumer Law and Tax Law for Virginia on
Q: My loans were forgiven due to a medical hardship (disability). Is there any exception to making that income?

There were exceptions but I didn't fit any that I saw but I'm not a lawyer. It seems unfair to forgive the loans and then make it an incredible amount to tax. The same hardship should not make it income in some cases. I'm ready to have the original 77,710.00 active again. It's... View More

Russell J. Haynes
Russell J. Haynes
answered on Apr 7, 2016

Yes, Congress in its infinite wisdom, chose to treat the forgiveness of debt as income for tax purposes, despite the liquidity problem that comes with a taxpayer being so broke a bank won't chase them for money, but then hitting a broke person with a big income tax bill. But they do it... View More

1 Answer | Asked in Consumer Law and Criminal Law for Virginia on
Q: 2 people's names are on a title with an "and"'in between and one goes to jail can the person who went to jail be removed

The person who could end up in jail has no valid license as well and no insurance on the vehicle, they just have their name on the title as well, just wondering if they can be removed without their consent signature since they would be in jail

Susan Fremit
Susan Fremit
answered on Mar 9, 2016

This is not a criminal law question, it is a consumer law question.

1 Answer | Asked in Consumer Law for Virginia on
Q: Enterprise rented a car in my name to another person without my consent. My name and info were on the contract.

I reserved a vehicle at the Richmond, VA airport location. When I arrived, the agent told me the vehicle had already been rented. The staff got me going and said it would be fine. I find out through my Enterprise app, that the car they rented was in my name, not the actual renter's. All of... View More

Susan Fremit
Susan Fremit
answered on Feb 14, 2016

If you have not sustained any damage as a result of your situation, you likely do not have a case for legal action. However, you might want to contact a civil litigator for a consultation.

1 Answer | Asked in Consumer Law for Virginia on
Q: What loan documents does the non-borrowing spouse have to sign?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

Have you asked the lender? They are the ones to ask about this.

1 Answer | Asked in Consumer Law for Virginia on
Q: can a repair shop exceed 10% of an oral estimate
Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

It may depend on how they explained the estimate. A local lawyer can verify based on the specifics of what was said.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is...
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1 Answer | Asked in Consumer Law for Virginia on
Q: Am I responsible for repaying a persona guarante loan?

I signed an personal guarante contract for an ex employer, who went out of business. Am I responsible for paying?

Charles Snyderman
Charles Snyderman
answered on Jul 4, 2014

We would need to see the personal guarantee document. However, in general, by signing a personal guarantee, you are promising the lender that you will pay the debt if the borrower defaults.

1 Answer | Asked in Consumer Law for Virginia on
Q: What are my rights as a customer that had their suit donated by a dry cleaners in northern Virginia?

Was unable to pick up suit for four months, but stayed in constant communication with owner of dry cleaners, and was assured that they would hold to suit. However, when I went to pick up suit i was told it was donated. No warning of donation was given prior, and no records of donation were... View More

Paul A. Prados
Paul A. Prados
answered on Feb 4, 2011

You could sue based under a tort and a contract theory. There are also consumer protection laws that might apply. Unless it was a $5,000 suit, it probably is not worth hiring an attorney.

Try to work something out with the dry cleaner. It is likely that an answer to "where/when/why...
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1 Answer | Asked in Consumer Law for Virginia on
Q: Bldg contractor in ffx va; gave a one line email est for repairs at my hse; no contract or work done; he sent $350 bill.

No promise of work was made to this contractor. He claims that he brought an engineer to survey the site and that the engineer must be paid $350 for his time. The home owner did not authorize any expenditure. Is this contractor or the engineer within their legal rights to expect to be paid?

Paul A. Prados
Paul A. Prados
answered on Jan 31, 2011

Generally no, but there are exceptions. None of your options are good though. $350 is generally not worth hiring an attorney. If you pay, you will never get the money back. If you do not pay you might be sued. You might want to pay for a 1/2 hour of a junior attorneys' time to advise you... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Is it lawful for business to deny a refund if return made within 20 days and purchaser has receipt?
Paul A. Prados
Paul A. Prados
answered on Jan 18, 2011

Retailers have the right to set terms and conditions of refunds within their own establishment. Many retailers will also reserve the right to deny refunds in any circumstance they deem appropriate. Look at your receipt and the refund policies at the store. If you appear to be on solid ground you... View More

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