Virginia Recent Legal Answers from Lawyers

You can be sued for anything, but the statute of limitations on a 2003 credit card debt has likely expired unless it was extended for some reason, such as you making a payment or otherwise acknowledging the debt within the limitations period.  Please note, that while hte limitations period on the debt has likely run, if the creditor had already sued you and obtained a judgment against you, the limitations period for collecting on that judgment has not run.    P.s. even thugh you assert that you never had a debt that high, you have to remember that interest at a high rate is accruing on any balance for a long time, plus your contract likely will also  provide for certain expenses of collection to be added to your debt.... Read More

Custody cases are always challenging because of the highly charged and emotional nature of the facts.  If the child has been with her grandparents for 14 years and is doing well, the court wants to know what is the "change in circumstances," that warrants modification of the order? Also, what facts led to the grandparents obtaining custody?  What is the wording of the existing court order?  The law presumes that the best interest of a child is served by living with biological parents.  However, that presumption is rebutted, when a parent is divested of custody in favor of a third party (i.e. grandparents).  If you relinquished custody and a court finds that your parental presumption has been rebutted, it may be easier for the grandparents to prevail in a custody contest. If you have lost your parental presumption, you will show the court that a material change in circumstances has occurred since entry of the last order and that modification of that order is in the best interest of the child.  You stated that you were previously on drugs but have been cleaned for 6 years.  These facts may give rise to a change in circumstances but what other facts do you rely on in support of your changed circumstances? How frequently do you see the child?  Do you have visitation rights? If so, have you been exercising those rights during the past 14 years? How would you describe your relationship with the child and her siblings? Unfortunately, there is no cut and dry answer and I can not offer proper guidance without reviewing the original court order to see what was agreed to by all parties or ordered by the court. Further, what are the facts at this time that lead a court to make a change after all of these years? I suggest that you confer with an experienced family lawyer in your area to discuss the matter in greater detail.  Lawyers charge by the hour, so you need to work out payment details for the initial consultation in advance of scheduling a call to avoid any confusion.  Best of luck ~... Read More

While you may use a statutory Durable Power of Attorney signing before a notary, if the person granting it may need help due to current or future disability, they may want to grant additional powers or give additional direction.  For this you will want to consult an elder law attorney,  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

A sponsor is under a legal duty to reimburse the government if the foreign national, who he sponsored, receives public benefits. Thats the general rule but there are exceptions that are too numerous to mention here. If she is not accepting any public benefits, then you dont have anything to worry about. ... Read More

You must prove the line of descent.  Take your documents to a probate attorney who practices in the county in which your grandfather lived and died for review.  Note that if your grandfather had a Will, your father may not have been named or, if named, the Will may not pass things to his children if he died.  In either instance you will not inherit.... Read More

Yes.  The case would cover all damages caused by the contractor's breach, inclduing both the additional money you will have to pay to complete the job for which the contractor was engaged and the damages caused by the errors (which can be either the cost to fix or the diminution in the home's value, depending on the exact facts.  However, there may be lower courts where jurisdiction is limited to under $25,000, or a similar sum, so you have to make sure that you sue in the right court.  You can't do this in small claims court, for example.... Read More

It's very unlikely that an established attorney would handle this type of case for a set fee, because the attorney has no control over how much time he/she willll have to put in.  It may be that a settlement can be reached right away, or the defendant may insist on taking numerous depositions and making numerous motions, all of which the attorney would have to spend time on.  It's even less likely in a $20,000 case, since the set fee would have to be pretty low.  You might have a better chance if the contract required the loser to pay the winner's attorneys' fees, and the fee could be a set amount plus whatever the court awards as attorneys' fees.  Then if the defendant drags the case out, the lawyer could at least have a chance of recovering for the extra time.... Read More

In addition to firing the caregiver, you can report the theft to the police and, if you have enough evidence that this caregiver took the jewelry and what she took (pictures of the jewelry, receipts), hire a lawyer to sue her for conversion (converting your mother's property to hers).  Please keep in mind that your mother may have put the jewelry somewhere and forgotten -- or that your brother may have taken it.... Read More

You have a breach of contract claim against your contractor.  He both breached the contract with the specific question of 9 feet ceilings.   He also violated the building codes which are implicit any contract.   The problem is the contractors insurance may not cover this defect unless there was ancillary damage to other parts of the property.   I am presuming you did not require or request a bond as most residential owners do not.   Hopefully your contractor has some assets and/or some scruples and will fix the problem for you at his cost. ... Read More

Probably not.  I'm assuming you din't record the contract, which means that the buyer had no way to know that you had an interest in the property.  As what is known as a bona fide purchaser for value, the buyer has the right to enforce ithe sales contract.  In other words, since the buyer did notthing wrong, your recourse is against your brother.  You probably can't stop the transacton, but may be able to get money damages from your bother and sister-in-law. An oral contract with your brother to purchase real estate probably would not hold up, since contracts for the sale of real property are required to be in writing.   There are some exceptions where the parties are fiduciaries to each other, and brothers could be considered fiduciaries, but it's a long shot. However, you don't have an oral contract, you have a written contract.  The fact that it was lost does not mean that the contract was in writing, although obviously it will be much harder to prove that you had a written contract if you can't find it, but  there could be ways. For example, your brother may just admit it, and defenda on some other ground.  Or you may have an email between you and your brother referring to the written contract.  Or some other way.  It's a long shot, but not completely impossible.... Read More

Under Virginia law, when analyzing a party's obligations to a contract, you must look to the four corners of the agreement.  In other words, without seeing the entire contract, no one is going to be able to answer the question accurately.  That said, without providing legal advice, I suspect that your contract likely only relates to the subject matter of your employment and that your employer would; 1. not be interested in your fantasy novel, and 2. probably will never know you are writing one.  That said, they could make a claim based on the limited language you have cited.  If, for example, you turn out to be a modern-day JRR Tolkein, they could sue you, claiming you wrote your book on the company dime (and time), and thus the work is owned by the company.  The safest thing to do is get explicit permission in writing from the company in writing, confirming that they relinquish all claims to your particular work of authorship.  Finally, do not forget to file a copyright application for your work.  ... Read More

You should contact your attorney.  If your case is alraedy filed, in most cases, a debtor should not purchase any property, including a vehicle, until the trustee has reviewed the case and issued a Notice of No Assets in the case.  In most cases, debtors will not be able to bet financing from a lender until they have their discharge.   If you have not filed yet, you definitely need to speak with your attorney before puchasing.  Purchase of a new vehicle could cause a delay in when you are able to file by up to 6 months. ... Read More

Mr. Breeden, In response to your question, do not accept the statements of the other party as fact.  Contact the guardian ad litem directly and ask what his recommendation is.  The  criminal record of your fiance may be a concern, depending on what the nature of the crime was. Litigation generally creates tension between the parties.  In any motion to amend, you must first demonstrate that there has been a material change in circumstances since the entry of the current order.  Then, you must demonstrate that what you are asking for is in the best interest of the children. The duties of the GAL are established in the Standards to Govern the Performance of Guardians ad litem for Children* which is available on vacourts.gov.   If the guardian ad litem has previously represented the other parent, they would be  conflicted from representing the children.   * http://vacourts.gov/courtadmin/aoc/cip/programs/gal/children/gal_performance_standards_children.pdf)... Read More