Virginia Small Claims Questions & Answers
Q: Received a warrant of debt for a repair but I didn't agree on the terms. Any way to fight the claim?
I asked a company for an estimate on repairs. Instead they came & did the repairs. I have contested part of the bill as unknown terms. They want me to pay for their workers to load & unload the materials at their shop. A reasonable amount was offered & had to be in installments. I do not have the... Read more »
Either pay the amount claimed, negotiate a compromise and pay that or hunker down and wait.
Q: dealing with USAA and identity theft & they continue to allow our account to be breached despite our daily calls. HELP
They’ve sent checks & debit cards to other addresses despite our contact with their fraud department. We haven’t even been reimbursed yet for our checking & savings being wiped clean. While we were on the phone Friday locking down the accounts we watched as someone transferred our savings into... Read more »
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA... Read more »
Q: I ordered something worth $110 online through a website from someone in Austrailia and I'm living in the USA. How can.
How can I get my money back?
I ordered it with my debit card, and the seller has not responded it's been 2 months since I ordered they didn't respond to my emails.
Contact the bank or institution issuing the card to see if they have provisions for resolving or adjudicating disputes.
Tim Akpinar
Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw
How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?
Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's illegal to... Read more »
Q: Can my vehicle be towed from a private property without notice?
My plates had expired and my vehicle was towed from private property (my apartment complex). The towing company said they placed a notice on my car Tuesday, however I never seen a notice. Is it a time frame that they have to give me prior to towing the vehicle?
I do not handle car towing matters. Sorry.
Q: An apartment I am renting was flooded by an upstairs neighbor. Whose responsibility are repairs after my lease ends?
The landlord informed me that if the neighbor that flooded us does not repair the damages by the time my lease is over. I will be the sole person responsible. Is this correct?
Also, is it true that as a tenant, I am required to cover a portion of the damage cost with my insurance?
The people who live upstairs are the negligent parties and are solely liable to the landlord for the damages whether before or after the end of your lease.
Renter's insurance may or may not have coverage for water damage caused by the upstairs neighbor. You should call the insurance... Read more »
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.
I know I can take a mechanics lean out on car, but when I read the law it says I can take out a $1000.00 lean, is this true and if it is how can I go about getting the rest of what owed to me the invoice on car is for $4500.00.
Help in Virginia.... Part of the issue is there is a lien... Read more »
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
Q: 0nce judgement is granted in your favor of a debt warrant, how is the money obtained?
It is assumed that the losing party will not voluntarily pay the awarded amount. In that case, once the judgment awarded in your favor becomes final (the period of an appeal has passed), then the judgment creditor can enforce the judgment by filing and setting a court date for a Garnishment... Read more »
Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?
Is it a Hipaa violation to include a complete statement of my account which includes what procedures I had done, along with a copy of the contract I signed when filing a warrant in debt with the court?
I do not handle medical collection cases so I regret that I cannot answer your question.
Q: In a warrant and debt can plaintiff take your home if they win judgement
They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.
Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.
I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I... Read more »
Unless they go back into bankruptcy court seeking relief, you shouldn’t have any worries. Likely the worst thing that happens is you could have to pay the fair market value of the property if you can’t return it.
Q: Can I take someone to court in the state in which I live, even though the wrong was done to my property in another one?
A neighbor was arrested for trespassing on my property and stealing a cellular camera. The property in question is a house/land for sale in Louisiana, but I currently reside in Virginia(moved last year). I cannot fly to Louisiana for court proceedings, as the airfare might be more than the small... Read more »
Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence... Read more »
Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement
I was not the driver at fault.
The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation
Q: i recently requested that my car (titled, insured, and registered to me) be returned by my father but he refuses
on grounds that its been on his property for a year (really its only been about 11 months) although
i never explicitly nor legally transferred possession. he's also claiming that it belongs to him based on repairs (tires, heat). if i take him to court, what are my odds of getting back my... Read more »
If you can prove the title to the car is in your name, you have a very good chance of success in court.
Q: My roommate and I share a lease. He moved out overnight and cut off utilites. Are there any legal actions i can take?
He has harassed me and has been violent the entire time I've lived here. I was planning on moving out and have been looking for places. He knows this. Then last night he moved out all of his stuff and cut off the utilities. Now i do not have the option to move out and have to find a roommate... Read more »
Depending on what the lease states about the obligations of the tenants, you may be able to file a lawsuit in Court for breach of lease against your co-tenant.
Q: Can a landlord, steal everything out of your rental And move someone else in during that same 2 days?
Long story short. When he realized i not only was bad sick from the black mold and needed him to help get me out of there, he tried scaring us and intimidating us with his friends. Ive got pics and videos of the infestation. Ive got him on phone recording talking with my fiance and at first hed say... Read more »
This is a criminal law matter. I do not handle that type of case. You need to call the police and make a complaint. Good luck.
Q: What are the rules on being charged a full months rent when I'm moving out on the 12th of a month?
In my case I am military, have submitted my orders to the property managers stating that I need to move to another state and am leaving my current command on the 12th of March. The property managers have told me that I have to pay the full March rent and keep all utilities on until the end of... Read more »
There are some special rules for active military. Why don't you stop in and talk to a JAG Officer?
Q: Landlord sent charges to a collections agency while disputing the original charges. Can it still be reported to credit?
We moved out, documented the condition in photos, videos and receipts of cleaning/replacements. We received an itemized list of damages on day 47 but postmarked on day 45. They kept our security deposit and say we still owe 877. One of the damages they listed was for something we have... Read more »
Even though you are bringing a claim for your SD in small claims court, the landlord has the right to bring a separate claim for the alleged damages. If the landord brings its claim in small claims court, you may be able to have both claims consolidated and heard at the same time. You can notify... Read more »
Q: I sold my truck to my brother. I financed it at 5% interest. He stopped making payments and balance owed is $4200
This was a verbal agreement. I have records of all payments made and also email of terms of agreement. Can I take him to small claims court?
You are able to bring a claim against your brother in small claims court in Virginia. You will have the burden of proof to persuade a Judge that you should be awarded a judgment. That may be the easy part. Collecting the money from your brother after the judgment is entered will be the more... Read more »
Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.
We bought the house and closed January 10th. When looking at the house and in the description of the house was told it was completely water proofed, turned out only the back wall was. We recently had a large down pour of rain and it flooded our basement, damaging a large carpeted area, which was a... Read more »
You very likely have a cause of action, and it may involve a claim for attorneys' fees and treble damages. Waterproofing can become a major expense, and restoration and replacement of carpets and walls destroyed by flooding can become a major expense. You should consult with counsel as soon as... Read more »
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