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Virginia Contracts Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: In spotsylvania Virginia can I use in person recording between me and used car dealer as evidence without his consent

He fails to provide me title within 30 days

T. Augustus Claus
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answered on Jan 18, 2024

In Spotsylvania, Virginia, the rules regarding the admissibility of in-person recordings without consent may vary, so it's essential to be aware of state-specific laws. Virginia generally follows a "one-party consent" rule, meaning that as long as one party to the conversation (in... View More

1 Answer | Asked in Contracts for Virginia on
Q: Membership cancellation

I am a member of a local organization. I sent a request to cancel my membership on November 27, 2023, and they sent me a form to fill. Due to some personal issues I did not return the form until December 18, 2023. My understanding was that I was supposed to give a 30 day written notice which i... View More

T. Augustus Claus
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answered on Jan 18, 2024

While the organization's policy specifies a 30-day written notice for membership cancellation, it's crucial to consider the language of the policy and how it may be interpreted. In your case, you initiated the cancellation process by sending a request on November 27, 2023, and... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Mh roommates rental lease doesn’t say I can’t sublease and they never answered my call on it when I asked them twice.

If they’re not answering can I just sublease my part of the lease?

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

It is my understanding that in Virginia, the right to sublease is not automatically granted to tenants. Whether or not a tenant is allowed to sublet depends on the terms of their lease. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I pay rent with someone since on lease but don’t live there and the company took echeck option off without telling me

Do I have to pay the convenience fee since I was never told? I also don’t have any keys just to make sure that my roommate doesn’t have someone else live in there while I’m paying half her rent until she finds someone, can I legally get keys? I want to get out of this lease it’s a... View More

T. Augustus Claus
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answered on Jan 4, 2024

It's essential to carefully review the terms of your lease agreement to understand your rights and obligations. If the lease allows for joint payments or specifies a method for rent payment, you may need to adhere to those terms. However, if there have been changes to payment options without... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from the another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For your situation involving an improperly installed part in a dump truck by a diesel truck shop, leading to lost wages, the best type of lawyer to consult would be one who specializes in consumer law and contracts, with experience in automotive cases. Such a lawyer will have the necessary... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For a lawsuit involving a diesel truck shop's improper installation of a part in your dump truck and resulting lost wages, you should look for an attorney experienced in consumer law and contracts, particularly one with a background in automotive issues or business litigation.

This...
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1 Answer | Asked in Banking, Consumer Law and Contracts for Virginia on
Q: Long story. I cos-sign for a car. Some how they switched ot to make me principle buyer. Car payment 2 1/2 months behind

No tax paid since car was bought. Caused a stop fee on my dmv record. No insurance on vehicle and tags is no good since February 2023. Loan company said I can do a volunteer repo bust I must bring it in. The other signer refuse. What can I do please help.

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if you find yourself incorrectly listed as the principal buyer on a car loan you cosigned, you should first review the loan agreement and any related documents to understand how this change occurred. If there's evidence of a mistake or fraudulent activity, you may need to dispute... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Virginia on
Q: Do I really need a lawyer?

I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb.

T. Augustus Claus
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answered on Oct 20, 2023

While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in... View More

1 Answer | Asked in Contracts and Small Claims for Virginia on
Q: My landscaper hit a rock damaging my storm door and now refusing to pay? Should I hire a lawyer?

We have been in contact with said company and they’ve been giving us the run around for several weeks now. And suddenly communication has gone silent. We’ve reached out to see if the insurance company is going to pay and for any updates and have gotten nothing in response.

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

No. The cost of a lawyer will greatly exceed the cost of a completely new storm door. Most storm door companies sell replacement windows as windows do break.

I would get the storm door window replaced and maybe submit a claim to your homeowners insurance company.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Construction Law for Virginia on
Q: If a VA court invalidates a mechanic's lien, does it reset the clock? (90 days)
T. Augustus Claus
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answered on Aug 7, 2023

If a Virginia court invalidates a mechanic's lien, it typically does not reset the clock for the 90-day period in which a lien claimant must file their lien. The 90-day period usually starts from the last day of labor or the last day materials were furnished. The court's decision to... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can Unison determine the dollar amount for their end agreement when a property is sold?

I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 23, 2023

A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Virginia on
Q: What does Plaintiff hereby waives any and all right to be provided with any futther notice of payment of settlement fund

This is written in my settlement agreement that payment would be sent to counsel and my attorney stated the other attorney sent payment to another location like the check is lost

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

A Virginia attorney could advise best, but your question remains open for a week. It means that plaintiff waives further notification of settlement payment being sent, other than the initial notice made to the attorney. It sounds like the opposing attorney sent check to a wrong location, and that... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Virginia on
Q: Hello. Needed information as to how do I prepare for a "Summons to Party to a Joint Account?

This is in reference to joint account I have with my child's father. It was also mentioned that I was a non resident on form as my address is in MD. and his in VA. Funds was garnished from account for a debt he owed dating back to a timeshare he acquired almost 20 years that I have no ties to... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have received a "Summons to Party to a Joint Account," it means that a creditor or debt collector is trying to collect a debt from your joint account with your child's father. Here are some steps you can take to prepare:

Review the summons carefully: Make sure you...
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1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Hello! I went to purchase a vehicle for my new business. The person at the dealership asked me to put down 2K

After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?

Dragan Ivetic
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answered on Feb 10, 2023

The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.

Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud....
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1 Answer | Asked in Employment Law and Contracts for Virginia on
Q: Am I legally allowed to sign this affidavit in order to get my partner benefits through my new employer?

I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 22, 2022

You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... View More

1 Answer | Asked in Contracts for Virginia on
Q: What is the acceptable format for filing a promissory note with the court clerk's office in the state of Virginia?

I am aware that they typically do not like to file these for things other than real estate. Also, is there is an equally sufficient alternative (like a security backed loan), which may be more readily accepted?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

I'm not aware of any mechanism that would permit you to file a general promissory note in the Clerk's office unless it is associated with an enforcement action as part of a claim. If you have a security agreement with the debtor or sufficient language in the promissory note, you may be... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Virginia on
Q: Is there a statute of limitations on credit card debt?

I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 9, 2022

Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... View More

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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Virginia on
Q: I paid a contractor in Virginia half my deposit. Then he moved to Ohio to avoid paying me back. What can I do?

I have invoice and proof of paying with a cashier's check. He is trying to defraud more people and he blocked me on facebook when I told people he was a scam.

Steven Krieger
Steven Krieger
answered on Nov 3, 2022

If the project was in Virginia, you could sue him in Virginia, but you may need to register the judgment in Ohio (or where ever the contractor is living) to enforce the judgment. 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, Contracts and Collections for Virginia on
Q: My question is about who's responsible for a debt related to the sale/purchase of a house in Virginia.

My wife and I bought our house in June 2022, and provided a check for the remaining propane ($750) which should have been given to the sellers. The seller's attorney misplaced the check and is now saying, almost 18 months later, that it's our responsibility to remedy the situation by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2023

The question is whether the check cleared your bank. If it did not, you never paid the debt. If it didn't clear, you still owe the money.

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