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Virginia Questions & Answers
1 Answer | Asked in Personal Injury and Products Liability for Virginia on
Q: My Mom is being represented by a Firm out of our state of residency . She got Cancer from using Round up.

We have heard of multiple settlements, with substantial payouts, related to the Round up Litigation. My Mom continues to get emails from the Firm handling her case telling her to be patient " they are working on it". Mom is becoming increasingly ill and cancer is spreading. What should... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2021

A Virginia attorney could advise best, but your question remains open for two weeks. What you are describing sounds like a matter for a survival action, involving continuation of a lawsuit in such circumstances. These are governed by state law, if Virginia has such provisions, and only a Virginia... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: My mother is going to be a resident alien through the US Embassy in Bogota, use form I-824 for husband and child blw21.

I am a US Citizen and I petitioned my mother. Her husband is not my father and they married after I was 21 and she has 3 children under 21 (my siblings). Can my mother use form I-824 Follow to join to petition her husband and children under 21?or does my mother need to submit form I-130?

Adan Vega
Adan Vega answered on Apr 3, 2021

As a permanent resident, your mother will need to file a relative petition on behalf of her spouse.

An experienced immigration attorney can provide you with personalized guidance to avoid delays with this case matter.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: So even though it was an email and not a physical letter? And there isn’t 31 days in April. Only 30. So what about that?
F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2021

Email is considered by the courts as written notice, especially if the lease provides for such notices to be sent by email. As long as the date of the notice was the day before the ;last day of the month, the termination date the the last day of the following month.

5 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: My old landlord sold my house I’m living in to a rental company in February but my lease didn’t expire until March 31st

I was told I had to pay the new rental company March rent since they now own the house. However, the new rental company sent me an email saying I have 30 days to vacate because they are not renewing my lease. They said I have until April 31st to move out completely. Since my lease ended March 31st... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2021

In Virginia, the owner/landlord of a property which is rented to a tenant has the right to sell the property to another party. The new owner is obligated to respect the current lease until the lease term ends. Based on what you stated, your lease's term ended on March 31, 2021 and the lease... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Virginia on
Q: Do military police count as “law enforcement”?

I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?

Matthew Crowley
Matthew Crowley answered on Mar 30, 2021

Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: Is there anything I can do legally giving the situation below? Thank you in advance!

The owner gave me a conditional offer which I accepted, where the salary would increase after training period, the conditional terms were met during my performance review (which was excellent). At that time the owner stated they would not be honoring the initial agreement and another agreement was... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 30, 2021

This situation sounds unfair, but the only way your termination could be unlawful is if you were targeted for termination based on your race (or other protected trait like sex, disability, age, or religion). Offer letters are not contracts, and an employer's failure to give you a promised pay... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Can you stay at the house of a relative if they don't want you to? Isn't that illegal?
Richard Sternberg
Richard Sternberg answered on Mar 29, 2021

Maybe. I need more information. Is the person staying a spouse? Is it a dependent child? Even if there is no duty of support, criminal law only becomes involved if there is a crime, such as breaking and entering or trespass, so calling the tenancy illegal stretches the common meaning of illegality.... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord hold me responsible for paying rent until a replacement tenant is found?

specifically, asking after a fixed term lease is up, not when leaving a lease early.

F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2021

If the lease you have is a written one year term lease that was not renewed, then by operation of law in Virginia, the lease become a month-to-month tenancy. The month-to-month tenancy may be terminated by either the tenant or the landlord by giving the other party a written 30 day notice in the... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Hi my landlord passed away three weeks - he had no will and him and his wife were estranged (I have never met his wife)

His handyman is advising I continue to send money in P.O. Box - no one has came to my home to advise me of anything and no one can help - should I continue to send payments via P.O. Box or put money in a bank escrow account there is no information in my lease concerning Steps to take if he is... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2021

Based on the facts you reported, it is a clear risk to send your rent payment to a PO Box without some written clarification from the next of kin of the decedent. You may want to send a letter to that PO Box and request the person who rents that PO Box to contact you to discuss the situation.

1 Answer | Asked in Personal Injury for Virginia on
Q: Do I have to wait until treatment is done to send a demand letter to the property insurance for a slip and fall?

I had an accident on a plaza parking lot which left me currently using a walker. There was a witness and camera footage that hasn’t been persuaded due my attorney saying that I have to wait until my treatment is complete to move forward with a demand letter. They also told me that they won’t... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 27, 2021

A Virginia attorney could advise best, but your post remains open for two weeks. As a general practice nationwide, plaintiffs' attorneys will usually wait for the conclusion of treatment to send a demand letter. The insurance carrier is not going to want surprises in terms of additional... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Try to ask a question to divorce lawyer in Virginia. Marriage is invalid under the United States Uniform Marriage

Marriage is invalid under the United States Uniform Marriage for these reasons: a marriage in which one party has a sexual physical defect. American law also stipulates false marriages as invalid marriages. U.S. law provides for these conditions for revocable marriage: a marriage in which one party... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 27, 2021

You have been misinformed and most of your statements are incorrect or erroneous. The validity of marriage is largely a state law matter. Different states have different requirements for a valid marriage. While there are some common elements in many states, any person considering the validity of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is selling his house, what kind of notice is he required to give me?

Giving no notice from landlord about putting hishouse on the market. Is he required to give me a lease stating that we are on month to month lease

F. Paul Maloof
F. Paul Maloof answered on Mar 26, 2021

In Virginia, there is no notice required to be given by the Landlord to the tenant when the premises is placed up for sale because the new owner is required to assume the existing lease as well as recognize the rights of the existing tenant.

1 Answer | Asked in Car Accidents for Virginia on
Q: I was involved in a car accident and the other driver was completely at-fault (and they admitted that to the police).

I already filed a claim with my insurance, but now the at-fault party’s insurance is calling me...Should I talk to them?

Chris White
Chris White answered on Mar 26, 2021

You should call me for a free consultation (434) 660-9701

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How should I request a dismissal through driving school or a deferral for a traffic ticket in Virginia?

I got a speeding citation for driving 37 in a 25 MPH zone in Virginia. My only other ticket was in April 2019 and it was out of state (84 in 65 MPH zone). I did take a defensive driving class in June 2018 for a ticket dismissal.

In my circumstance, should I request the court/judge for a... Read more »

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

If you took a driving class for a dismissal less than 5 years ago, many judges will not give you the option again. Speak with a traffic attorney in your specific jurisdiction to see if there is any extra info you can give that might help your chances of a reduction or dismissal.

1 Answer | Asked in Family Law for Virginia on
Q: If I don't show up for a cps hearing which I have been accused of child abuse and neglect can I get put in jail
Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

If you don't attend a court hearing to which you have been summonsed, you risk being held in contempt for failing to appear, which can include jail time. Failing to appear could also mean that the court finds that you have abused the child if you are not there to defend your case. Speak with... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: 46.2-835 but the described charge is 52/35 is the ticket invalid?

The described charge is speeding 52 in 35, or is it just a speeding ticket then with the wrong Law section?

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

Sounds like the officer may have accidentally filled in the wrong code section. As you likely noticed, 46.2-835 references turning right on a red light. Keep your court date as the judge is likely to allow the officer to verbally amend the error in open court. Contact a traffic attorney to look... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: In VA, what are the consequences of violating a court order regarding overnight contact with paramour? See more info.

The paperwork states, “Neither party shall expose the child to a paramour on an overnight basis..” Overnight is defined as of 8pm-8am. Would violating this order, with the support of evidence/proof be grounds to overturn a existing custody agreement?

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area... Read more »

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: I have joint custody and pay child support. The mother is withholding the kids. Can I put child support in escrow?

On 1/25/2021, the court ruled on joint custody and child support. The mother found out I am in a new relationship and now refuses to adhere to the legal agreement and is demanding I bring her everything in my home I bought our kids. She never fully complied with the order; I do not know where she... Read more »

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

It's a good theory but ultimately not allowed - support and visitation are two separate issues in the eyes of the court. Support should still be paid as ordered, and a show-cause may be appropriate for the violation of the visitation order. Speak with a local family law attorney about how to... Read more »

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