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The lawyers made an agreement( without my consent) and case was dismissed but still shows up on record keeping me from getting another place to rent Actually a Tenants Assertion...
GV23007008-
AM
Case
Dismissed
Tenant's
Assertion
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answered on Feb 16, 2024
Your terminology "tenant assessment" does not have meaning in Virginia. Do you mean an Unlawful Detainer? If you had an unlawful detainer that was dismissed, then you had a good outcome. You can file for expungement of a dismissed unlawful detainer 30 days after the date of dismissal.
I lost my job last Oct, but im back to work full time and can now pay all the past due. I'm about 3 months behind.
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answered on Feb 15, 2024
In Virginia, paying the full past due amount on your mortgage can indeed halt the foreclosure process, assuming the lender hasn't already completed the foreclosure sale. When you pay off the entire amount you owe in arrears, including any late fees and legal costs incurred by the lender as... View More 
Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.
answered on Feb 15, 2024
Keep in mind that in the State of Virginia the statute of limitations on the enforcement of the underlying Deed of Trust is 10 years from the maturity date (VA Code Section 8.01-241). If the Deed of Trust does not state the maturity date, the statute of limitations on the enforcement of the... View More
Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.
answered on Feb 15, 2024
You've left out some important information - when was the mortgage taken out, when was it's original due date, and a few other things. I have a lot more questions than answers at this point.
That said, the odds are that the holder of the debt may still be able to foreclose on the... View More
The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More
answered on Feb 13, 2024
You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More
I was charged with simple assault in VA. I walked towards my accuser but nothing else as shown on video. He was never touched or threatened. No one but me seems to have the video. The prosecutor does not have it to give to my lawyer. Would my lawyer have to turn this over to the prosecutor? Is it... View More
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answered on Feb 12, 2024
If you are charged with assault and the video shows you just walked towards the accuser and did not assault him, it sure sounds like that video could help prove your case for you. Either way, good or bad, your attorney does not have to provide that information to the prosecutor. Everything you tell... View More
In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?
For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.
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answered on Feb 23, 2024
As a sole proprietor engaging in e-commerce under a different name, you typically only need to register a DBA (Doing Business As) in the state where your business is located. This allows you to legally operate your business under a name other than your own. While there are no federal requirements... View More
In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?
For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.
answered on Feb 12, 2024
If you are operating your business under an "assumed" name, "trade" name or a "fictitious" name, you should file the propert fictitious name certificate in every state that you are doing business and you should confirm that your entity is authorized to do business in those states.
I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.
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answered on Feb 11, 2024
I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you... View More
My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin... View More
answered on Feb 8, 2024
With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 7, 2024
A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 26, 2024
I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Generally speaking, the Executor or the Administrator of a decedent's estate is responsible for the debts of the estate, assuming the estate has sufficient assets to pay the claims. Virginia Code Section 64.2-528 provides the order of priority when paying debts.
I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More
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answered on Feb 4, 2024
The protection of your tax return, including the American Opportunity Credit, in a Chapter 7 bankruptcy depends on various factors and the specific laws in your jurisdiction. Typically, tax refunds, including credits like the American Opportunity Credit, may be considered part of your bankruptcy... View More
I filed my Chapter 7 bankruptcy in 2023 but the trustee said he would let me know how much or my taxes he will take to pay creditors once I completed my taxes. I have recently filed my 2023 taxes and I was wondering what part of my taxes is automatically protected? Will the amount I received from... View More
answered on Feb 26, 2024
Your tax return is something that should have been listed as an asset in your schedules and should also be protected in Schedule C. In Virginia, child tax credits and the Earned Income Tax credit are automatically protected if listed properly using the proper exemption. Any remaining portion of... View More
I have severe Rheumatoid arthritis which also means I have no immune system. I require the assistance of a walker to walk and require a lot of medical attention.
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answered on Feb 1, 2024
Health conditions can be a factor in sentencing, but are not guaranteed to result in a sentence without incarceration. Gathering supporting documentation which details your diagnosis, hardships, medication(s) required, etc. would be a good idea, as that is something the judge could consider at... View More
My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local... View More
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answered on Jan 31, 2024
Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such... View More
Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?
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answered on Jan 27, 2024
Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More
I am seeking clarification on a specific aspect of Form I-485, Part 8, Item Number 18, which reads as “Are you presently or have you EVER been in removal, exclusion, rescission, or deportation proceedings.” Following a referral by USCIS, I had an asylum case before the EOIR immigration court,... View More
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answered on Jan 26, 2024
Yes, if you were granted asylum by an immigration judge with the Executive Office for Immigration Review (EOIR), then you were previously in removal proceedings.
The immigration court system within EOIR oversees removal proceedings - these are administrative proceedings to determine... View More
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