No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?
answered on Jun 13, 2022
It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... Read more »
An inmate was sentenced to 90 years (suspended 63) for three robberies and one attempted robbery in 2001 long before the passing of Virginia House Bill 1936 which establishes classifications and sentencing guidelines for robberies. The inmate did not use a firearm in the commission of the... Read more »
answered on Oct 14, 2021
Since the law is not retroactive, hire an attorney to bring up all of the positive factors at the inmate’s next parole hearing. It is too late to do a Motion to Reconsider under Virginia Law. You have 21 days from entry of the final order to have the motion heard. It must be ruled on within those... Read more »
answered on Aug 6, 2021
A Virginia attorney could advise best, but your question remains open for three weeks. As a starting point, you could research online whether there are any law firms handling cases for the products that were involved. With some product liability law firms, this can change from month to month - the... Read more »
We lease an apartment, our adult child listed as a dependent moved out for the first time and left books behind. Can those books be legally removed, donated, sold? Are we required to hold them for a particular period of time?
answered on Jul 1, 2021
Given the facts that you reported, it appears that the property of the person who moved out was abandoned. Property that is abandoned is no longer the property of the person who moved out and can be disposed of as you see fit.
There is an outdoor grill that looks like a large portable grill on wheels and it has wheels, but the grill is connected to a natural gas pipe that was extended from the back of the house. The grill uses natural gas from the pipe as fuel for normal operation. The grill has been in the same spot for... Read more »
answered on Jun 29, 2021
In Virginia, a fixture is attached (i.e., bolted) to the ground and becomes an intricate part of the land. A grill which is movable is personal property, notwithstanding that it is attached to a gas line, and is thus not a fixture.
now all papers are signed and he still did not do the repairs, I also did not get a refund for my security deposit, my deposit was not part of the deal. What are my options.
answered on May 18, 2021
You obviously have a breach of contract case. You should file a Complaint in the Court where the property is located and seek an award for damages of the failure to make the repairs in accordance with the contract.
My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... Read more »
answered on May 1, 2021
A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... Read more »
Ultimately want to regain custody of dog due to previous owners neglect, (also found that she has 4 previous unrelated missing dog posts on fb in the last few years) the puppy was not on their property, had no collar or chip, and was in need of medical attention. I had her 5 weeks and then saw... Read more »
answered on Nov 10, 2020
You will want to hire a lawyer for the felony charges. Usually those should play out first and then if you are successful in getting those dismissed you may or may not want to talk to a civil lawyer about potential remedies.
Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.
We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.
We were separated when the... Read more »
answered on Oct 22, 2020
I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.
We notified our landlord more than 30 days in advance that our offer was approved on a house and that we would be moving our prior to Oct 1. Our landlord knew months in advance we were house hunting. We asked multiple times what the process was and if we need to find a sublease, were responsible... Read more »
answered on Oct 13, 2020
In Virginia, a security deposit in a residential lease is to protect the landlord from any property damages that the tenant has caused to the premises during the term of the lease and such damages are identified in a condition report at the time of the tenant's move-out walk through. There... Read more »
I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.
answered on Sep 17, 2020
A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... Read more »
My now ex boyfriend agreed for me to purchase a laptop for school and agreed he would make the monthly payments. Now that we aren’t together he tells me he’s not going to pay it . It is now going to affect my credit because I can’t afford to pay it since I’m not working. The total amount is... Read more »
answered on Aug 16, 2020
Given this was an oral agreement, and you claim it was breached for nonpayment, you can bring a Warrant in Debt in General District Court in the jurisdiction (county/city) where the agreement was reached. Since the amount is less than $5,000.00, this is a small claims court case in which no lawyers... Read more »
In Henrico, VA - I had filed a small claims court case against my neighbor for damages, maxed at $5000. He has requested it be removed to general district court and has retained counsel. I suing my neighbor for damaging my front, side and back yard resulting in me paying out of pocket for... Read more »
answered on Jul 27, 2020
By court rules, no lawyers are allowed in a small claims case matter in Virginia.
Contacted me yesterday. I want to make sure I do everything right!
Do we go to Clerk of Court to exchange money, does she bring $ to me then I contact courts its settled?
5 years have passed so its over $20k with the 6% interest. Can bankruptcy be filed to get out of it? But... Read more »
answered on May 26, 2020
At anytime in the process, the parties to the dispute can settle the dispute/judgment by one paying the other an amount of money that is agreed upon. A simple written and signed settlement agreement should be made part of the settlement to memorialized the agreement. After the funds have cleared... Read more »
If a police officers charges you with a crime but didn't spell the name on the summons or warrant correctly what happens?
answered on May 7, 2020
They will fix it for you if you tell them it's not spelled right.
I have phone recordings of both collections and bank. Wachovia says they stopped collections 2-3 years ago of statute of limitations.
answered on Apr 23, 2020
If the origin of the debt was in Virginia and was connected to a written agreement, there is a 5 year statute of limitations that applies to the debt. The Statute of Limitations defense is an affirmative defense so it must be raised after a lawsuit is filed.
answered on Jan 20, 2020
Generally in Virginia, a Warrant in Debt is served by the Sheriff or a Deputy Sheriff on the Defendant at that person's place of residence, however, it is possible to file a Motion based on good cause shown to request a judge to give permission for the Warrant in Debt to be served at the... Read more »
answered on Jan 20, 2020
Subject to the procedural and substantive rules of evidence that are followed in Court, it is possible that text messages will be admissible evidence in a trial in Virginia.
They moved in feb. Chased rent a few times. Late Sept they contacted landlord stating they would pay an extra 50 for being late on oct rent. They Contacted again in late oct goin to be late nov. But in nov made a partial payment for oct. Still no payment for nov. With promise to pay dec 21st.... Read more »
answered on Jan 20, 2020
The claim is for money owed. You can file a civil Warrant in Debt in the jurisdiction in which the premises is located and against the person who owes the money. Your hurdle may be to find the former roommates since the Court requires that person be served in order for the Curt to have jurisdiction... Read more »
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... Read more »
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.