F. Paul Maloof's answer 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 Summons for wages or a bank account.
Timothy Denison's answer 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.
Steve Miyares' answer 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 on the criminal case, he might have been irdered to pay you reatituion. The Louisiana prosecutor should be able to give you that information. Good luck
F. Paul Maloof's answer 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 the Judge and see what he says.
F. Paul Maloof's answer 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 difficult part.
Richard Sternberg's answer 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 possible. I noticed that Moneta is twice the distance for me as the drive to Charlottesville, so it is impractical to act as anything more than consulting counsel, but you need to see a litigator in your...
F. Paul Maloof's answer It sounds like her story has no legs. If she appears before a Judge, she will have the burden of proof to provide documentary evidence to prove her claims, otherwise the Judge will dismiss her case.
Matthew Lane Kreitzer's answer Do not cutit up and haul it away. That will likely result in a lawsuit. The first step is to find a local lawyer to consult regarding the process for declaring that the boat must be removed and for recovery of any costs or fees you have incurred to this date.
F. Paul Maloof's answer This is the problem with oral lease agreements. What one person thinks are the terms of the lease, another person thinks otherwise. You may have to seek a decision of a judge for a final answer.
Robert R Weed's answer The Virginia Consumer Protection law is a false advertising law. It gives you the right to triple your money back PLUS legal fees. You can read more about that law, here. https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act/.
One place to look for lawyers who do that kind of work is the National Association of Consumer Advocates, here. http://www.consumeradvocates.org/find-an-attorney
F. Paul Maloof's answer When the court takes up the Warrant in Debt and if a judgment is entered against you, then after a ten day appeals period the judgment will become final and the Claimant (Plaintiff) can file a Garnishment Summons to attached wages and bank accounts. Generally, the Plaintiff will also take the Judgment and have it recorded in the land records of the Circuit Court and that will become a judgment lien against any real estate you own. You should be well served to consult an attorney in your locale.
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