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Virginia Small Claims Questions & Answers
2 Answers | Asked in Civil Litigation, Car Accidents and Small Claims for Virginia on
Q: Am I responsible for damage to a car my 14 year old accidentally caused? Wouldn't the owners insurance cover the damage?

My son was riding a bike on a side street and lost control of the bike and ran into the back of a car scratching it with the handlebars. The owner was in the car at the time and immediately started yelling and cursing at him. She told my son that his parents would pay to get her car fixed. He was... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 19, 2017

The answer will depends on what your auto policy coverage states. You should contact your auto insurance agent or the insurance company and ask your questions about coverage.

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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Virginia on
Q: Rec'd a warrant in debt. Paid the debt in full 35 days b4 court. Now told to pay court costs? Prince William County VA

The plaintiff told me if I paid in full 30 days prior to court I would resolve & not have to appear. I paid that day 35 days b4 court. Now the plaintiff notified me I owe court costs. The case was continued and no judgment. Status online says case pending/continued judgment amount is blank... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 31, 2017

What you were told by the Plaintiff or the Plaintiff's lawyer and what you actually did to make the payment is your defense. It is a binding oral agreement. If the Plaintiff's lawyer is trying to squeeze the court costs out of you, he is not very professional. You should object to the demands.

1 Answer | Asked in Collections, Small Claims and Landlord - Tenant for Virginia on
Q: How can I collect on a 1/5/10 judgment for past rent on someone who moved out of VA, but will be in VA on a known date?

Judgment is dated 1/5/10 on unlawful detainer (VA Code 8.01-26) for unpaid rent. Defendant left the premises, immediately moved to W VA and did not appear in court. I have learned that defendant will be back in Virginia for a specific event in Caroline County, VA at the State Fairgrounds this... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 8, 2017

If you did not get a proper judgment against the defendant the first time you may be out of luck due to statute of limitations problems but speak to an attorney as they will need the whole story

1 Answer | Asked in Real Estate Law and Small Claims for Virginia on
Q: All parties signed a release,and emd was returned. Now the buyer want be reimbursed for apprisal, can they sue?

We could not complete sale due to financial constraints, that was not made available until closing statement was received. Buyer found another house, there was no misrepresentation according to our realtor, now after 2 months the buyer wants to be reimbursed for va appraisal and the home... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 3, 2017

If they signed a release, depending on what the release says, you should be protected. It all will depend on what the release says.

1 Answer | Asked in Business Law, Small Claims, Construction Law and Consumer Law for Virginia on
Q: I hire a company to do repairs to my house .the company started but never finished. Can I hire a lawyer to handle case?

I asked him to give me the materials that was purchase and I will get someone to finish the work. He keep saying he is going to finish it's been since March 2017.. I know he had a few family issuses but I need the work completed. We have a sign contract and he also been paid some money

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 30, 2017

Yes this would be an ideal case to hire an attorney on

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Q: Can a collection agency sell your account after it has served a warrant in debt on you?

My friend was served a warrant in debt about a month ago. He has sense received another letter from a different collection agency for the same account. But the amount is less than the original one.

Robert R Weed
PREMIUM
Robert R Weed
answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Small Claims for Virginia on
Q: I live with a person who is on the least, he does not help to pay the rent, the electric, or the cable bill.

I am unemployed who pays the bills every month. I have talked to the apartment manager, but all they care about is money. What can be done about this?

Susan Fremit
Susan Fremit
answered on Jul 4, 2017

Your question does not appear to be a criminal defense question; my field is criminal defense. You should be asking speaking to an attorney who practices in the area of landlord tenant.

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Virginia on
Q: Va Beach owner in breach of contract/lease;immediately released by Prop mgmt company effective today. I'm the tenant.

No heat or AC since 4/14/17; flooded 2nd floor took over 30hrs for service now causing mildew and mold. Owner dropped by mgmt company and my lease through August. I want to file claim for unexpected moving expenses, immediate refund of deposit and release of lease. Went to Circuit Court but I... View More

Richard Sternberg
Richard Sternberg
answered on May 31, 2017

Call the Bar in Virginia Beach, and ask if there is a landlord-tenant clinic sponsored by the Bar or a local law school in the area. If not, ask if they maintain a lawyer referral list for landlord-tenant lawyers. You may have a valuable claim.

1 Answer | Asked in Real Estate Law, Small Claims and Family Law for Virginia on
Q: I got no money from my brother regarding our mothers sold house, am I entitled to my money? And how can I get it

My mom is still alive, but within her will she stated that half the money from her house, which has since been sold, would be shared equally between my brother and me.. yet my brother took all the money from the sold house for himself.. is their anything I can do about this? I dont currently have... View More

Richard Sternberg
Richard Sternberg
answered on May 30, 2017

The Will is irrelevant if your mother is alive. The question is whether your brother had authority to act for your mother and whether he is self-dealing. If you suspect he is acting without authority or improperly, you should see a lawyer before the money is gone.

1 Answer | Asked in Civil Litigation, Small Claims and Consumer Law for Virginia on
Q: Insurance company has been charging me for years for a car that was deemed a total loss by them.

I recently discovered that a car that was totaled years ago is still on my insurance policy. The claim was made through the same insurance company that is still charging me. They cut me a check and picked up the car, but never removed it from my policy. Im attempting to get my money back for the... View More

F. Paul Maloof
F. Paul Maloof
answered on May 18, 2017

You will certainly get their attention when you file a lawsuit against them.

1 Answer | Asked in Small Claims and Internet Law for Virginia on
Q: My daughter ex boyfriend posted two explicit pictures of her on social media without her permission. Legal action?
Gary D. Godman
Gary D. Godman
answered on Apr 6, 2017

Contact the police. There is likely some criminal activity involved here, especially if your daughter is a minor.

1 Answer | Asked in Small Claims and Real Estate Law for Virginia on
Q: Question about property damage liability

We live in a townhome. A squirrel entered our attic from a hole made by a squirrel from the outside of the neighbor’s roof. The squirrel entered the neighbor’s attic via the roof hole and ate their way over to our attic. The squirrels have nested in both attics. Our roof’s surrounding wood... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 6, 2017

From the facts it is more likely the neighbor would be held responsible for the damages, but not that "liability" requires a court judgment, so it would be in your financial and time interests to work things out in lieu of suing in small claims court.

1 Answer | Asked in Animal / Dog Law and Small Claims for Virginia on
Q: i need advice...my girlfriend and i had a dog i have been paying the dogs vet bills and food bills for years

she passed away from breast cancer...her brother had the dog boarded with his groomer of many years i had told her brother i had taken care of the dog for years i have credit card statements reflecting that the brother and our groomer had him killed by our vet instead of letting me have the dog i... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 15, 2017

First, get Justia to take down /remove your contact info. You will be trolled, etc.

Second--most states do not recognize that a pet is worth more than it's market value--so if the value of a dog of that age would be $50, that would be all you would get. Whose name was the dog licensed...
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1 Answer | Asked in Small Claims for Virginia on
Q: I lent my vehicle to a friend and it overheated and he blew the engine. is he responsible for the repairs?

He drove it from Chincoteague VA to Hagerstown MD and on his way back he glanced at the gauges and saw that the car was overheating and he continued to drive it to the next exit and drove it till it quit running. I had to rent a u-Haul trailer and with my other SUV I had to tow it to a garage near... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Dec 1, 2016

There are claims you can bring against him to try to recover the money. The simplest way would be a lawsuit in the local general district court or small claims court. You could hire an attorney, but you would not recover your attorney fees from the opposing party as part of the claim.

1 Answer | Asked in Collections, Consumer Law and Small Claims for Virginia on
Q: I sold an item for about $200 over the internet who never paid. Buyer is in a different state. Am I able to collect?

I sold an item for about $200 over the internet to a member on Reddit. Since I had never sold before I had no reputation so I agreed to ship item and wait for payment after they received. I only did this since the other member had a long history on the forum so I assessed a low risk. After they... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Nov 29, 2016

You can sue them, but that is not the same thing as collecting money. And there will be complications with suing them. And it will probably cost more to talk to an attorney about it than you will be able to afford. You could pursue the matter criminally, but that will likely not accomplish much.

1 Answer | Asked in Small Claims, Car Accidents and Consumer Law for Virginia on
Q: Do I have any rights to secure more money than just book value in order to cover my loss to payoff my existing loan?

Hoping you can help. I was rear-ended yesterday morning on my way to work. I was in a Lexus IS, he was in a company truck (a Ford F150). I learn today that my car is a total loss. My understanding is that I will get book value for the vehicle. However, my loan is for more than the book value... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

The more money is your injury claim. If you got hurt you need to get a medical checkup. You aren't a crash test dumy. If your lexas was totalled that is some hit. Contact a meber of the Virginia Trial Lawyers Assn--they give free consultations.If your car is a lease that is on you. Likewise... View More

1 Answer | Asked in Small Claims for Virginia on
Q: Jurisdiction of filing for small claims case where action arose in virginia, plaintiff lives out of state
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 19, 2012

You can file your claim where the defendant resides or perhaps where the incident arose.

This answer is meant to be general information and is not meant to be legal advice.

1 Answer | Asked in Small Claims for Virginia on
Q: I am a defendant in small claims court being sued by a nonperforming burglar alarm contractor, what should i do?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 8, 2011

This depends on several things. For instance, what is the lawsuit for? If it is the alleged non-payment of a debt, then what does the contract say, or what was agreed? Were the terms of the contract or the agreement met? What evidence do you have of the agreement or the failure to comply with... View More

1 Answer | Asked in Small Claims for Virginia on
Q: What is the maximum amount I can sue for a small claim in civil court in Williamsburg, Virginia, USA?
Paul A. Prados
Paul A. Prados
answered on Feb 7, 2011

$5,000. The amount is the same throughout Virginia and is not specific to Williamsburg General District Court.

1 Answer | Asked in Small Claims for Virginia on
Q: Do I need a vadalism defense lawyer?

I am going to be charged to tampering with someone's posters and breaking a glass cup in someone's room in their apartment. What should I do?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 11, 2011

A lawyer may be able to point out some options or defenses based on the facts of your case. Many lawyers are willing to offer a free consultation. Anything more than that, though, will normally cost money--and lawyers can get expensive. There is a chance if you can't afford an attorney you... View More

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