Virginia Small Claims Questions & Answers
Q: I ordered something worth $110 online through a website from someone in Austrailia and I'm living in the USA. How can.
1 Answer
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in
Banking, International Law and Small Claims
for
Virginia
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Timur Akpinar's answer
Contact the bank or institution issuing the card to see if they have provisions for resolving or adjudicating disputes.
Tim Akpinar
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
1 Answer
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in
Civil Litigation, Small Claims and Traffic Tickets
for
Virginia
on
Answered on Mar 3, 2019
Answered on Mar 3, 2019
Daniel P Leavitt's answer
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 possess than you subject yourself to liability if you get caught. The same applies to radar detectors (illegal in some states and not others), speed limits (vary among the states), window tints (vary among...
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 possess than you subject yourself to liability if you get caught. The same applies to radar detectors (illegal in some states and not others), speed limits (vary among the states), window tints (vary among...
Q: Can my vehicle be towed from a private property without notice?
2 Answers
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in
Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant
for
Virginia
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
Q: An apartment I am renting was flooded by an upstairs neighbor. Whose responsibility are repairs after my lease ends?
F. Paul Maloof's answer
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 company and ask.
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 company and ask.
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
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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
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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
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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.
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