Virginia Civil Litigation Legal Questions

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

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

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

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

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

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

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

Was the money already due, or did you have an agreement to pay it in installments which you have not breached?  If the former, your friend is under no obligation to accept payment over time, and can sue you to get the money due right now.  If he/she succeeds in getting a judgment for the money due, he/she would be able to garnish your wages, to the extent permitted by law in Virginia, to enforce the judgment.... Read More

You have all of the elements of a potential personal injury claim.  Ordinarily when an establishment knows of a hazard in their premises, they have a duty to warn their invitees, for instance by posting a "wet floor" sign.  If they didn't do this, that will probably be sufficient to show negligence.  Your wife has suffered an injury due to their negligence, in that her back condition has been aggravated.  The only missing piece of the puzzle is whether she suffered any damages from the injury.  Surely there is pain and suffering, but since she was already in pain it may be hard to quantify that.  If she has sought medical treatment, then the cost of the medical treatment can be recovered and usually something more to account for the pain and suffering.  She will almost certainly need an expert witness to prove that the slip and fall injury caused more damage to her back than what already existed.  This can be tricky with preexisting injuries, but it can be done. 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

Generally, a default judgment will be vacated when either (a) the court lacked jurisdiction over the judgment debtor, usually because he/she/it was never properly served, but sometimes because the debtor lacked sufficient contacts with the jurisdiction so that it was unconstitutional for the Court to exercise jurisdicition over him/her/it, or (b) the debtor has a reasonable excuse for having defaulted and a meritorious defense to the claims.  Since it has been 10 years since the judgment was entered, option (b) is probably not viable, especially since many jurisdictions have a time limit within which you must seek to vacate a default.  This wouldn't apply to a judgment entered without jurisdiction, which is null and void from the beginning, but would apply if you didn't appear because, for example, you had a health crisis 10 years ago. ... Read More

The claims adjuster was full of baloney-they are liable for foreign objects...but having said that, taking the $100 and getting it fixed is probably a good idea  as the damages aren't expensive enough to justify spending money on a lawyer.  In my humble opinion, you made the right call.... Read More

Assuming these accusations are not true, it sounds as if they are accusing you of criminal behavior, which is defamation.  If you have these statements in writing showing they were disseminated to other people, then you may have an airtight case for defamation.  Of course you will have to show that these things are not true, if they have some evidence of it.  But if you win, you could receive a monetary award to compensate you for the damage to your reputation.   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

It should be easy to find a lawyer in the county in which you wish to file suit.  You can find one on the Lawyers.com site or there are many other lawyer-matching services on-line.  But you should consider whether you will pay more for the lawyer than your case is worth.  Unless there is a contract or statute that provides for attorney's fees, you will have to pay your lawyer yourself and you will not be able to get this back from the adverse party, even if you win your case. Since you say it is a small claims case, I assume it not for a lot of money.  But once a lawyer gets involved, it cannot technically be heard in the Small Claims Court, but will have to be moved to the regular General District Court.   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

It would have been nice if you had just nonsuited and started over. If you are at the appeal stage in Circuit Court, you can file a motion seeking leave to file an Amended Complaint/Bill of Particulars, file a praecipe to put it on the Motions day docket for hearing, and the Judge will almost certainly allow you to file a cleaned up document. Judge's don't like to see dismissals on techniucal items that can be fixed, and the rules provide that leave to amend should be liberally given... Read More

You are right to be skeptical, as there are so many scams out there.  From what you say, they have not provided you any proof of their legitimacy and until they do so, I would not send them any money.  Did they have information about the debt you owe that would suggest they got the information from the source?  A law firm without a website?  I have never heard of such a thing.  If they file a lawsuit against you, then you will know it is legitimate and you can deal with it at that point, but until then I would be tempted to tell them "so sue me" or to demand they stop calling.   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

In order for her to file for a protective order against you, ordinarily she would be required to provide a sworn affidavit laying out the allegations.  When you are served with notice of your court hearing, you would ordinarily be given a copy of this affidavit, so I am not sure why you did not receive that.  You may want to go to the courthouse prior to the hearing and check the court file to see if there is additional information in there that you were not provided. It is unlikely that the court would order a mental health evaluation of her because the case is not against her, it's against you.  I think the best you can do is bring witnesses with you who can attest to her erratic behavior and prior false accusations.  Beyond that, it is important to have a lawyer in a case like this to make sure your rights are protected. 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

Provided that the proper formalities are observed (i.e. that the assignment is approved by the required number of independient directors, or shareholders), a corporation can assign a cause of action (assuming the claim is assignable; there are a few types of claims which are not) to its majority shareholder, who could then prosecute it in his own name.  The corporation has an obligation to its shareholders and (depending on its situation) its creditors to get adequate consideration for the assignment, and there may also be tax consequences to the assignment.... Read More

Yes. Unless you have an employment contract providing otherwise, you can be fired for any reason,at any time, other than race, religion,sex, mental or physical handicap, etc. It's never good to be intoxicated at a business function, no matter what others are doing-nothing good can come of it.... Read More