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Virginia Civil Litigation Recent Legal Answers from Lawyers

Virginia Civil Litigation Recent Legal Answers from Lawyers
No judgement is valid if you were never served HOWEVER (a) the documents do not necessarily have to be personally delivered to you to be served; and (b) even if you weren't served, the plaintiff may claim that you were, resulting in a judgment being entered against you which you would have to vacate by proving to the court that you were never served properly.  Bottom line is that you shouldn t just ignore this, but rather should contact the clerk of the court to find out what is going on in your case.  Depending on how much is at stake, you may want to hire a lawyer. ... Read More
No judgement is valid if you were never served HOWEVER (a) the documents do not necessarily have to be personally delivered to you to be served; and... Read More
Having signed a contract acknowledging that you damaged the heating unit and agreeing to pay for the new one, it is almost certainly now too late to challenge that claim unless you can show that the agreement is invalid for some reason, such as fraud or duress.  You appear to be claiming that you were under duress when you signed the contract because you needed to have the apartment heated for your children, but I don't think this will fly because the law is that you are not under duress if you have the opportunity to go to court to seek relief.  If you didn't believe that you should be responsible for the new heating unit you should have sued your landlord to compel the landlord to install a new unit at the landlord's expense, instead of signing a contract agreeing to pay for the new unit.... Read More
Having signed a contract acknowledging that you damaged the heating unit and agreeing to pay for the new one, it is almost certainly now too late to... Read More
What state was the funeral home in?
What state was the funeral home in?
No, but the client can fire the lawyer and then, assuming the party is an individual, not an entity (like a corporation or llc) represent himself or herself.
No, but the client can fire the lawyer and then, assuming the party is an individual, not an entity (like a corporation or llc) represent himself or... Read More
The next step is collecting on the judgment, which typically involves garnishing wages and bank accounts.  If you don't have the information about where they work or bank you can summons them to court to answer debtor interroagories, which is basically just you asking them any questions for this information.  You can also file your judgment with land records to put a lien on any real estate they might own and it's possible to seize any items of value they might have.  You may want to hire a collections lawyer to help you out with this.... Read More
The next step is collecting on the judgment, which typically involves garnishing wages and bank accounts.  If you don't have the information... Read More
It sounds like he has not met the terms of his release if he is harassing you with a lawsuit when he was supposed to leave you alone.  You will want to find an attorney close to the county in which his lawsuit is pending, but I'm not sure what part of the state you are in.
It sounds like he has not met the terms of his release if he is harassing you with a lawsuit when he was supposed to leave you alone.  You will... Read More
That is terrible that you trusted someone who is supposed to love and stand by you and she has completely screwed you over!  Once you signed the house over to her you essentially relinquished your rights to it.  It's not like a marriage where you may retain rights to it even without your name on it.  However, there may be some hope in trying to show that the retitling of the house to her was a fraudelent transfer, if you received nothing of value from her in the transaction.  There ordinarily has to be done SOME benefits to both parties for a contract to be valid.  This is not a contract case; it's a property case, and I'm not entirely sure if there is a comparable doctrine for property transfers, but again maybe on some kind of fraud theory.... Read More
That is terrible that you trusted someone who is supposed to love and stand by you and she has completely screwed you over!  Once you signed the... Read More

Can I sue chick-Fil-a

Answered a year and 8 months ago by attorney Bruce Robins   |   1 Answer
 Your husband can sue, but I would not as he has suffered no damages; although he was choking, the problem was resolved with no expense and (presumably) no lasting damage.  Even if your claim was not dismissed, you would not collect much.  I would think that a complaint to the corporate office might get you further.... Read More
 Your husband can sue, but I would not as he has suffered no damages; although he was choking, the problem was resolved with no expense and... Read More
That depends - what were the terms on which you let your ex use the car?  Was it a gift, or was your agreement that she could have it under her name and use it only as long as the two of you were together?  Given the change in title, it appears to be a gift, and thus irrevocable.
That depends - what were the terms on which you let your ex use the car?  Was it a gift, or was your agreement that she could have it under her... Read More
Married or not, you have no responsibility for the actions of someone else or someone else's dog (with limited exceptions for married people that are not applicable here).  However, it is unclear to me that you had no responsiblity for the dog, as you state that "our dog" was not on its leash.  Also, whether you own the dog or not, if it was in your care and YOU decided not to have it on the leash, you could be liable for your actions if they are found to be negligent.  However, neither of these potential bases for liability has anything to do with whether you are married to your fiance or not.  In sum, your assets could possibly be at risk, but not because you are married or unmarried, at the time of the incident or now.... Read More
Married or not, you have no responsibility for the actions of someone else or someone else's dog (with limited exceptions for married people that are... Read More
Assuming that the property was owned by your grandfather (i.e. that he had not gifted it to her, it was not jointly owned, etc.), it would pass according to his will, which might have to be probated, particularly if there are any disputes as to anyone's rights to it.  If your grandfather had no will, his property would pass according to the laws of intestacy.  I am not familiar with the intestacy laws of D.C., but in general intestacy laws don't protect girlfriends; property would be divided amongst close surviving relatives.  Thus, for example, if your grandfather was survived by any children, grandchildren may not receive anything.... Read More
Assuming that the property was owned by your grandfather (i.e. that he had not gifted it to her, it was not jointly owned, etc.), it would pass... Read More
A contractual choice of forum provision (i.e. that "all legal hearings would be in the state of the seller") is generally enforceable. so the case would be heard in Virginia.  Absent such a provision, the case probably could have been heard in either Virginia or Michigan.  However, the "$15,000 fine" is probably not enforceable.  It will likely be considered a penalty, and therefore unenforceable, rather than a valid liquidated damages provision. "Costs" are not the same as attorneys' fees.  "Costs" are minimal, i.e. filing fees, fees for service of the complaint, etc.  IF you meant to include attorneys fees, generally you would have to be much more specific, and also provide for mutuality, i.e. that the losing party will pay the winner's attorneys' fees, whomever wins.  At any rate, regardless of the contract, I don't think the buyer would be responsible for costs or attorneys' fees if the buyer wins the case. ... Read More
A contractual choice of forum provision (i.e. that "all legal hearings would be in the state of the seller") is generally enforceable. so the case... Read More
You can state that you believe you had the right of way for a number of reasons, "including but not limited to Code of Virginia Section 55-.......," etc etc   It would be best if you state all the factual reasons that you believe support your having had the right of way, and if you find more Code Sections to support the facts you state, you'd likely be allowed to state as much. The best course would be to thoroughly review the code sections on traffic and then list anything that possibly supports your claim. The idea of a BOP and Grounds of Defense is to avoid "stealth" positions.    Good luck... Read More
You can state that you believe you had the right of way for a number of reasons, "including but not limited to Code of Virginia Section 55-.......,"... Read More

Can I sue my ex boyfriend for taking the car away from me?

Answered 2 years and 10 months ago by attorney Bruce Robins   |   1 Answer
If he gave the car to you, he  has no right to take it back.  However, it may be hard to prove that he gave you the car, if he claims that he only allowed you to use it while the two of you were together.
If he gave the car to you, he  has no right to take it back.  However, it may be hard to prove that he gave you the car, if he claims that... Read More

Can cancer treatment center make me sign a confused judgement

Answered 2 years and 11 months ago by attorney Paul J. Neal, Jr.   |   1 Answer
You mean "Confessed Judgment" and no they cannot make your sign it. Check with your bank to get a copy of your check, or with the insurance company for a copy of their check if you just sent it on, and explain to them what happened. You are not necessarily responsible for your husband's medical bills, except emergency treatment, unless you signed an agreement to be responsible for them. Be very very careful about signing anything unless a lawyer reviews it.  If they sue you and you can prove it was already paid, they may have to reimburse you for your legal fees. ... Read More
You mean "Confessed Judgment" and no they cannot make your sign it. Check with your bank to get a copy of your check, or with the insurance company... Read More
Yes, but you will have to show that the fall was due to some negligence on the mall's part, like a spill which had not been cleaned in hours (if it had occurred only minutes before, the mall might not be negligent for having failed to clean it up in that short a time frame.)  If she fell for reasons having nothing to do with the mall's negligence, for example if her shoes were not tied, the mall would have no responsibility.... Read More
Yes, but you will have to show that the fall was due to some negligence on the mall's part, like a spill which had not been cleaned in hours (if it... Read More
You can likely amend your complaint.  I suggest you contact an experienced attorney to help you however.  Andy Baxter, an attorney with my firm General Counsel, P.C., is excellent. 
You can likely amend your complaint.  I suggest you contact an experienced attorney to help you however.  Andy Baxter, an attorney with my... Read More
No, only the wages of the judgment-debtor can be garnished.  If the judgment is against the wife too, then she can be garnished.
No, only the wages of the judgment-debtor can be garnished.  If the judgment is against the wife too, then she can be garnished.
Every jurisdiction has post-judgment procedures by which a judgment creditor can collect on the judgment, usually including garnishing wages, restraining assets, and/or causing assets to be auctioned off.  You need to find out what the Virginia procedures are and follow them.  The clerk of the court may be able to help you.... Read More
Every jurisdiction has post-judgment procedures by which a judgment creditor can collect on the judgment, usually including garnishing wages,... Read More
Serve the Registered Agent for CT Corporate Systems, which name should be available from the SCC.
Serve the Registered Agent for CT Corporate Systems, which name should be available from the SCC.

Spousal Liability

Answered 4 years and a month ago by attorney Bruce Robins   |   1 Answer
You would not be liable for your husband's negligence, but you could be liable for your own.  For example, you could theoretically be considered negligent for allowing your husband to drive your car in his condition, if a jury believes that you did not act reasonably under the circumstances, and that your negligence caused, or contributed to causing, damage to another.  You might also, possibly, have a problem with insurance fraud if, knowing about your husband's seizures and that he was continuing to drive, you obtained or renewed an automobile insurance policy without reporting this material fact.  Also, regardless of fraud, if you and your husband have an automobile insurance policy in which you are both listed drivers, the premium will likely skyrocket if he causes an accident. Obviously, even if you are not personally liable, if your husband hasto pay a large amount of damages (above the amount covered by insurance), it is likely to lower your standard of living as well. Incidentally, settlements are agreements.  If you don't agree to be responsible for paying a settlement, you are not.  However, a plaintiff may not agree to any settlement if you do not bind yourself to it, in addition to your husband being bound.... Read More
You would not be liable for your husband's negligence, but you could be liable for your own.  For example, you could theoretically be considered... Read More
No, creditors should not be able to seize any of your property or garnish any of your accounts or wages, if you were not the one who contracted with them.  In fact, any jointly held property that is in both names should be vulnerable either, which is one reason why people tend to jointly title property. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
No, creditors should not be able to seize any of your property or garnish any of your accounts or wages, if you were not the one who contracted with... Read More
Not a pretty situation but the loss could have been much worse. I'd suggest contacting the Sheriff's Department to see if he can be pursued criminally for misrepresenting his license status. If that's unsuccessful, that's about all you can do. Getting a judgment is unlikely to get your money but you can file a warrant in debt in District Court, and if you get a judgment, docket it in the Circuit Court Clerk's office and if he ever buys or inherits land, your lien attaches.  Good luck.... Read More
Not a pretty situation but the loss could have been much worse. I'd suggest contacting the Sheriff's Department to see if he can be pursued... Read More
Assuming you are acquitted or the charges are dropped, you can have the records of your charge expunged.  If the allegations are so improper that there was no probable cause for even bringing them, you may have a claim for malicious prosecution and/or defamation. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
Assuming you are acquitted or the charges are dropped, you can have the records of your charge expunged.  If the allegations are so improper... Read More
I don't agree with what you say (in fact, I think it's really stupid), but I'll defend to the death your right to say it.   I agree with you that this statute, to the extent that it purports to regulate private political speech, violates the First Amendment.  The city would have a better chance if it claimed some other reason for regulating the sign, such as a zoning violation unrelated to the content of your message.  The fact that the sign has been around for so long, and that the city has never previously had an issue with it, even when it contained political messages, would likely convince any court that any reason the city put forward for regulating the sign other than its content was a pretext. If the city enforces its statute, however, it may cost you a lot of money to fight it.  In that event, it's possible that the ACLU would be willing to handle the case for you without charge. ... Read More
I don't agree with what you say (in fact, I think it's really stupid), but I'll defend to the death your right to say it.   I agree with you... Read More