Virginia Business Litigation Legal Questions

Whether or not you can sue for the entire amount now depends on whether there was an acceleration clause in the contract.  This is a standard clause which provides that if there is any default in payment, the entire amount becomes immediately due and owing.  If there is no such provision in your contract, you can only sue for the amount past due at this time, and it would probably be a better idea to wait until the entire amount is overdue to start your lawsuit.  As to whether it would be worth it, it depends on (a) whether the debtor can pay any judgment; and (b) how valuable your time is (I assume that you would handle the suit yourself, as it seems a simple case.)... Read More

Any answer here will depend on the contract you signed.  If you were contractor and the contract says are you paid on monthly basis, then you may not be owed the money.  I think that would be unlikely, however.  So, you should have attorney reveiw contract -- or, better yet, just file small claims court action.  It is easy and you can do yourself.... Read More

The Judge CAN force you to do almost anything, but that doesn't mean that he/she will.  If the photographs would be relevant to any issue in the litigation, however, it is likely that the architect will have the right to photograph them during the discovery process (although, if it is important to you, the Court may restrict the architect's right to use the photos to anything other than the litigation.)   I'm assuming, by the way, that you're talking about photos of the inside of the store.  Anyone can photograph the outside of the store which is open to public view.... Read More

If they will not pay you, a well-worded demand letter from a lawyer might do the trick, but if not, you should be prepared to file suit.  Depending on the amount owed, it could be filed in the General District Court, if it is $25,000 or less.  If they owe you more than this, it will have to be filed in the Circuit Court.  Once you obtain a judgment against them, it becomes a collections issue, which can be accomplished through garnishing bank accounts and seizing business assets, among other things. 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

Leaving aside what causes of action you may have (from what you've written it doesn't seem like copyright infringement to me, but that doesn't mean that you may not have a claim based on the misappropriation of your business idea), the statute of limitations should run from when the wrong was committed, i.e. when your idea was stolen (or possibly when you knew or should have known about your idea having been stolen), not from when you created your idea.  Your claim, depending on what the facts turn out to be, may not be very strong, but if the company using your ideas just recently started doing so, you should not have a limitations problem.... Read More

You have a written agreement to pay $1,050, right? The dealer agreed to accept $525. What makes you think you don't have to pay at least $525? In legal terms, it sounds as if you have settled whatever claims you have against the dealer in return for your agreement to a reduced balance. Generally, used personal property is sold "as is."... Read More

You have some options. 1. The easiest, cheapest and least likely to produce results is to send a demand letter. This is a letter that demands payment of the account by a stated date (you pick one, generally at least ten days after sending the letter) and threatens litigation if the account is not paid by that date. It adds gravitas to the demand if you send the letter by certified mail, return receipt requested. 2. You can hire an attorney to send the letter referred to in the preceding paragraph. If you already have an attorney working for you on an hourly basis, you can have him send the two letters for at most a few hundred dollars. A letter from an attorney is far more likely to produce results than a letter from the creditor. 3. You can turn the accounts over to a collection agency, which will attempt to collect the accounts on a contingent-fee basis (often 30%). Most of the collection efforts they make will be calls and letters that you or your attorney could also make. 4. You can turn the accounts over to an attorney for collection. Some attorneys take these matters on a contingent-fee basis.  The attorney will sue to recover and remit the net amount recovered, after his fees and disbursements. 5. You can sue in small claims court without an attorney.... Read More

Your mother has a right to bring an action against the company that did the work as well as the company that hired them to clean out the home.  If you have a power of attorney, you may be able to file suit on behalf of your mother.  Your mother can recover both the value of the goods that were taken out of the house   ( personal items and furniture ) and any loss in value to the home caused by the removal of items which are not personal items, such as carpet.  One concern will be how to document what was in the home at the time it was cleaned out.  Hopefully, you and other family members will have photos or other documents to prove what was in the home.  I suggest you consult with a lawyer about the power of attorney issue and how to file suit - since your case will not qualify for the small claims court.   This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.... Read More