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Virginia Small Claims Questions & Answers
2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
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... View More

Timothy Denison
Timothy Denison
answered on May 21, 2018

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.

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1 Answer | Asked in Small Claims for Virginia on
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... View More

Steve Miyares
Steve Miyares
answered on May 18, 2018

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... View More

1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on
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.

Christian K. Lassen
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Christian K. Lassen
answered on Apr 2, 2018

The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
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... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 23, 2018

If you can prove the title to the car is in your name, you have a very good chance of success in court.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Virginia on
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... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 11, 2018

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.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Personal Injury and Small Claims for Virginia on
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... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 3, 2018

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.

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Virginia on
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... View More

Richard Sternberg
Richard Sternberg
answered on Feb 22, 2018

There are some special rules for active military. Why don't you stop in and talk to a JAG Officer?

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1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia on
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... View More

F. Paul Maloof
F. Paul Maloof
answered on Feb 19, 2018

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... View More

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
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?

F. Paul Maloof
F. Paul Maloof
answered on Feb 15, 2018

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... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Small Claims for Virginia on
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... View More

Richard Sternberg
Richard Sternberg
answered on Feb 14, 2018

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... View More

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: Warrant in detinue in Va?

2 years ago my dad sold me his 1969 camaro for a dollar. Recently he has went into nursing home. He lived by himself and his house is paid for. He is 14000.00 due to nursing home. My aunt came in from Florida hasn't been here to even check on him in over 2 years and is poa has filed a warrant... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 31, 2018

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.

1 Answer | Asked in Small Claims for Virginia on
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

I am still waiting to have it removed...he comes by or returns calls about every other month. But has not removed it...do not want it's title if there is one..I have someone who will cut it up and haul away but the owner will not return my calls

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 5, 2017

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.

1 Answer | Asked in Small Claims and Landlord - Tenant for Virginia on
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?

Hi! So I was staying with a friends family and paying rent. I also helped with utilities and groceries if I ate them. Her aunt (homeowner) had become increasingly controlling (telling me I needed her permission to date people, entering my room without permission, and drinking every night- there... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 4, 2017

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.

1 Answer | Asked in Business Law, Consumer Law and Small Claims for Virginia on
Q: I am dealing with a company that I believe is/was false advertising. If I explain more could anyone help?

The company had lots of Black Friday incentives to earn prizes or codes that the company advertised as being able to be used on the promotions that would be offered during Black Friday. I have a screenshot of me winning the game that was titled The Black Friday Dragon Slayer and a printed coupon... View More

Robert R Weed
PREMIUM
Robert R Weed
answered on Nov 26, 2017

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...
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2 Answers | Asked in Car Accidents, Gov & Administrative Law and Small Claims for Virginia on
Q: My personal vehicle was damaged by a state vehicle on state property. Can I sue?

I work for the state and my truck was hit by a state vehicle. Approx 1000.00 damage. I have 1000.00 deduct. I was told i had to use my own insurance but the fault was the states and it was admitted as well as a police report. Would it be bgetter to take the dept of Corrections or the State of VA... View More

Jan F Hoen
Jan F Hoen
answered on Nov 8, 2017

You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.

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2 Answers | Asked in Civil Litigation, Small Claims, Collections and Consumer Law for Virginia on
Q: I received a warrant in debt for past medical bills. Can my husbands home , job or bank be garnished?

The debt is from 3/16 and we were just married in 6/17 he is the sole support and i am a full time student.

F. Paul Maloof
F. Paul Maloof
answered on Nov 3, 2017

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... View More

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1 Answer | Asked in Car Accidents, Insurance Defense and Small Claims for Virginia on
Q: Warrant in debt claiming that I owe about 6500 to Geico Insurance.

I have been served with warrant in debt claiming that I owe about 6500 to Geico Insurance.

The incident happened in June of last year. I was driving at the intersection of glebe and columbia pike in Arlington when I rear endeded in to another car at the red light. The lady in the car in... View More

Jan F Hoen
Jan F Hoen
answered on Oct 19, 2017

Because you were uninsured, the claim would have been paid by the other driver's uninsured motorist coverage with GEICO. They now have the right to pursue you through subrogation for what they had to pay.

If you wish to contest the damages, you should retain counsel. GEICO will have...
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1 Answer | Asked in Landlord - Tenant, Municipal Law and Small Claims for Virginia on
Q: How should I prevent my car wrongfully being towed?

Recently my neighbours told me they stopped a tow truck from towing my car in my apartment complex. Each car is to have a parking sticker on their windshield. What the towing company is known to do is to tow a car with a sticker and remove the sticker once towed. Would taking time stamped photos of... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 15, 2017

A time stamped photo is a great idea. If you are then towed, call the police and report the car as stolen.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for Virginia on
Q: In small claims court if defendant wins can he claim travel and other expenses to attend court?

sued in small claims for full return of deposit before tenant was informed of amount withheld. Tenant did not move out until 12 hours after expiry of lease and our real estate agent conducted walkthrough with her. Issues arose when agent complained that tenant removed light bulbs and it was... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 5, 2017

Unfortunately, travel expenses to court are not an allowable claim in a landlord-tenant case under the laws of Virginia.

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: my company was paying all my cc bills which where used for company expenses i'm still a partner can I sue in small cc

i'm still a partner in the company my Business partner has locked me out of everything in the company i used all my credit card to fund company expenses the company stopped paying them i want to see if I can sue in small claims court in Virginia for breach of responsibility

F. Paul Maloof
F. Paul Maloof
answered on Oct 2, 2017

In Virginia, a small claims case will be any amount up to $5,000.

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