Virginia Small Claims Questions & Answers
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
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?
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.
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.
Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?
1 Answer
| Asked
in
Civil Litigation, Contracts, Small Claims and Collections
for
Virginia
on
Answered on Nov 9, 2018
Answered on Nov 9, 2018
F. Paul Maloof's answer
I do not handle medical collection cases so I regret that I cannot answer your question.
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
L. Ilaine Upton's answer
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.
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.
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.
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?
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
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
Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement
1 Answer
| Asked
in
Insurance Defense, Small Claims and Car Accidents
for
Virginia
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Christian Lassen's answer
The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation
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
F. Paul Maloof's answer
If you can prove the title to the car is in your name, you have a very good chance of success in court.
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?
1 Answer
| Asked
in
Contracts, Landlord - Tenant and Small Claims
for
Virginia
on
Answered on Mar 11, 2018
Answered on Mar 11, 2018
F. Paul Maloof's answer
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.
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?
1 Answer
| Asked
in
Landlord - Tenant, Criminal Law, Personal Injury and Small Claims
for
Virginia
on
Answered on Mar 3, 2018
Answered on Mar 3, 2018
F. Paul Maloof's answer
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.
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?
2 Answers
| Asked
in
Real Estate Law, Landlord - Tenant and Small Claims
for
Virginia
on
Answered on Feb 22, 2018
Answered on Feb 22, 2018
Richard Sternberg's answer
There are some special rules for active military. Why don't you stop in and talk to a JAG Officer?
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?
1 Answer
| Asked
in
Civil Litigation, Collections, Landlord - Tenant and Small Claims
for
Virginia
on
Answered on Feb 19, 2018
Answered on Feb 19, 2018
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.
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.
Q: I sold my truck to my brother. I financed it at 5% interest. He stopped making payments and balance owed is $4200
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.
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.
Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.
1 Answer
| Asked
in
Consumer Law, Real Estate Law and Small Claims
for
Virginia
on
Answered on Feb 14, 2018
Answered on Feb 14, 2018
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...
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...
Q: Warrant in detinue in Va?
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.
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.
Q: I have a barge that has been left attached to my dock for three years. The owner was hired to repair dock.,that was done
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.
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.
Q: I have no lease and said explicitly that my stay in her house was temporary. I gave 10 days notice. Do I still owe rent?
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.
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.
Q: I am dealing with a company that I believe is/was false advertising. If I explain more could anyone help?
1 Answer
| Asked
in
Business Law, Consumer Law and Small Claims
for
Virginia
on
Answered on Nov 26, 2017
Answered on Nov 26, 2017
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
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
Q: My personal vehicle was damaged by a state vehicle on state property. Can I sue?
2 Answers
| Asked
in
Car Accidents, Gov & Administrative Law and Small Claims
for
Virginia
on
Answered on Nov 8, 2017
Answered on Nov 8, 2017
Jan F Hoen's answer
You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.
You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.
Q: I received a warrant in debt for past medical bills. Can my husbands home , job or bank be garnished?
2 Answers
| Asked
in
Civil Litigation, Small Claims, Collections and Consumer Law
for
Virginia
on
Answered on Nov 3, 2017
Answered on Nov 3, 2017
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.
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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