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Virginia Questions & Answers
1 Answer | Asked in Employment Law for Virginia on
Q: Can you get fired while in the middle of a PIP (improvement plan)?

Working full time. Getting audited by client. Score are between 98%-100%. Top performer. Boss put me on a pip for something I was never trained on. Did a review after 30 days on the pip with rave reviews on how I was doing. 4 days later I got fired. I was told I was making mistakes still while on... View More

Lindsay A Freedman
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answered on Nov 14, 2023

In Virginia, unless you have an employment contract or government/union due process protections, you are generally considered an employee at-will. This means that generally a company can terminate you for any or no reason — so long as they are not violating a law.

Many employment laws...
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1 Answer | Asked in Real Estate Law and Banking for Virginia on
Q: Mortgage loan officer told me 5 days before closing to defer student loans or pay 7500 extra. App won’t process in time.

Nelnet is the loan company and won’t process a deferment or income driven payment plan in that time frame, leaving me no choice but the pay the 7500 extra to buy down, despite us definitely being eligible for the income driven payment plan. Can I do anything about this? I feel so helpless like I... View More

James L. Arrasmith
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answered on Nov 13, 2023

In this situation, where your mortgage loan officer has requested a deferment of your student loans or an additional payment of $7500 shortly before closing, and Nelnet is unable to process the deferment in time, you do have some options.

First, communicate with your loan officer about the...
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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from the another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For your situation involving an improperly installed part in a dump truck by a diesel truck shop, leading to lost wages, the best type of lawyer to consult would be one who specializes in consumer law and contracts, with experience in automotive cases. Such a lawyer will have the necessary... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For a lawsuit involving a diesel truck shop's improper installation of a part in your dump truck and resulting lost wages, you should look for an attorney experienced in consumer law and contracts, particularly one with a background in automotive issues or business litigation.

This...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord deduct for carpet cleaning fees when I have provided a receipt that proves I already had the service done

Carpet cleaning was required in my lease as a part of move out. The landlords and property manager did not provide a recommended cleaner when they reminded us to have the carpets cleaned before move-out, so I contracted one myself. During the in-person move out inspection, I informed the landlord... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if your lease required carpet cleaning and you've complied by hiring a professional service, the landlord should not typically deduct additional carpet cleaning fees from your security deposit, especially if you provided a receipt.

The key here is whether the carpet was...
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1 Answer | Asked in Criminal Law and Animal / Dog Law for Virginia on
Q: In VA, if someone is banned from possession/ownership of animals are they allowed to live with someone who owns animals?

My friend was recently banned from possession/ownership of animals. He has not had a final hearing yet and been convicted of anything but the judge already ordered the ban. Does living with my friend mean that I also wouldn't be able to own any? What are the chances of them appealing the ban?

Daniel P Leavitt
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answered on Nov 25, 2024

If he is not allowed to possess animals or own them then he would be wise to not be in a home where there are animals lest he get charged with an offense.

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Can I file a suit against someone in small claims court without their name or address if I plan to subpoena the info?

I live in Virginia.

Delivery driver for GrubHub hit and ran my parked vehicle, all evidence is on footage but too dark too see license plate. Law enforcement and customer service are not willing to help because there were no injuries. Is it possible to file a case without the name and... View More

Daniel P Leavitt
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answered on Nov 20, 2024

This is a civil question not traffic tickets. I believe you can file a John doe suit but again that's not a question for traffic tickets. Law enforcement should do their job and investigate as hit and run is a misdemeanor. I would go up the law enforcement chain and get them to do their job.... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: 13yo daughter desperately wants us to have full custody of her and get away from her train wreck of a mother.

Her mother is somewhat unstable and likely bi-polar (opinion) but our oldest daughter left her at 16 and never went back and now our youngest, 13, begs us to not make her go to her house. We have shared custody, half the week with us and half the week with her mother. Her mother has been caught... View More

Richard Sternberg
Richard Sternberg
answered on Nov 18, 2024

I’m not sure what you are asking, but it is obvious that you need to consult with a lawyer who covers child custody and family issues. Seek a lawyer who practices in your judicial circuit.

1 Answer | Asked in Immigration Law for Virginia on
Q: Hello, my Name is Marvin and I was adopted my my aunt ( my mom’s sister ) I was 17 soon to be 18 by then.

It was considered only for my own benefit but I want to reunite my very ill grandmother with my Biological Mother. Could i sponsor my mom? And why she keeps being denied a visa to come here for a few days? It’s the second time she tried.

James L. Arrasmith
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answered on Nov 15, 2024

I understand this is an emotionally complex situation, especially with your grandmother being ill and your desire to reunite her with your biological mother. This must be difficult for everyone involved.

Immigration and visa situations can be complicated, and there are many reasons why visa...
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1 Answer | Asked in Estate Planning for Virginia on
Q: Our house is in my husbands name. He passes away. Do I have to go through probate in virgina?

Is a living trust needed?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 14, 2024

You should not have to go through probate in the typical fashion because the real estate should pass directly to the heirs at law pursuant the intestate laws of Virginia. I highly recommend you contact an attorney to understand your rights and the process.

1 Answer | Asked in Personal Injury for Virginia on
Q: My boyfriend sent me threats over the phone. So when I seen him By my neighborhood.I hit him with my car.

They now charge me for hitting him with my car. Is he going to get a charge too for making threats first ?

Michael J. Mandelbrot
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answered on Nov 7, 2024

Doubtful. You committed potentially a felony - assault with a deadly weapon. You were not under the threat of imminent harm (unless he was pointing a gun or weapon at your car). You should have driven away and sought a restraining order if you were under threat of imminent harm by his threats.

1 Answer | Asked in Immigration Law for Virginia on
Q: A Cuban entering USA with an I94 parole, canthat person file their own i130 and i485 without a family support affidavit

Similarly if Cuban husband is us citizen can he file i130 and I485 for wife without doing a family support affidavit?

James L. Arrasmith
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answered on Oct 29, 2024

When you enter the USA on an I-94 parole, filing an I-130 and I-485 typically requires a family support affidavit. This affidavit, known as Form I-864, demonstrates that you have adequate financial support and are not likely to rely on public benefits. Without this affidavit, your application might... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for Virginia on
Q: Can an equal opportunity employer include restrictions on immigration sponsorship in job postings?

Hello, I came across a job posting with the following statement: "To be eligible for this program, you must be authorized to work in the U.S. We do not offer any type of employment-based immigration sponsorship for this program. Likewise, JPMorgan Chase & Co. will not provide any... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand your concern about the job posting you came across. An equal opportunity employer is obligated to comply with laws that prohibit discrimination based on protected characteristics like race, color, religion, sex, national origin, age, disability, or genetic information.

However,...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 24, 2024

Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

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1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Q: Husband has named beneficiaries for all his investment accounts and our cars are in both of our names.

The only Tangible property that would go through probate would be contents of our house. Can probate be avoided if he adds a codicil to his will, specifically stating what items in house would go to his daughter's upon his death. ( TOD for household items). We have separate wills, husband has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Oct 21, 2024

With respect to your real estate, considering talking to an attorney about a Revocable Transfer of Death Deed to avoid the probate of that assets.

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Municipal Law for Virginia on
Q: How can I challenge Oakllands blight ordinance for 20 years I have been harrassed unjustly by tbuilding inspection dept.

Ever since I pulled Owner Builder permits to put A new foundation under my home, I have been targeted by the permit dept. Unfairly. I have lived in Oakland since the 1980's prior to pulling permits I had NEVER been questioned or targeted by Oaklands fledgling blight ordinance inspectors, Ever... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm sorry to hear about the challenges you've faced with Oakland's blight ordinance. To begin addressing this issue, start by gathering all documentation related to your interactions with the building inspection department. This includes permits, inspection reports, correspondence,... View More

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you've rec'd a foreclosure notice and considering bankruptcy, can you keep your home if you have equity?

I think it's called an automatic stay

James L. Arrasmith
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answered on Oct 17, 2024

When you file for bankruptcy, the automatic stay goes into effect immediately, stopping the foreclosure process temporarily. This gives you some breathing room to explore your options and assess your financial situation without the threat of losing your home right away.

If you have equity...
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1 Answer | Asked in Civil Rights and Medical Malpractice for Virginia on
Q: my husband’s in Mount Olive correctional facility. He’s had a lot of health issues

The Prison doctor did bloodwork on him. Told him that everything looked good. Three days later he was rushed out for emergency surgery. He’s had a heart attack. He’s been told he had sugar problems. He had his gallbladder taken out after surgery. He had internal bleeding and yesterday his legs... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm so sorry to hear about your husband's health struggles. Start by contacting his attorney to ensure he receives the necessary medical attention and to discuss any concerns about his care. If he doesn't have legal representation, seek out a lawyer who has experience with inmate... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a tenant in my house for almost months I got a court date coming up.How can I have someone to represent me since

Also can I request for the back rent leading up to the court date?

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with an attorney who regularly handles landlord-tenant disputes. If you have an unlawful detainer action pending in a district court then an attorney should be able to assist you. The lawyer should be able to explain to you the possible remedies (such as ordering... View More

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