Virginia Civil Litigation Legal Questions

The simple answer is there is no "form"; it takes a petition filed in the Circuit Court, alleging the necessary elements for a temporary injunction (s/a TRO), followed by a hearing in Court where evidence is presented to substantiate the clam. Be forewarned that one element to prove is that you have a reasonably good chance of succeeding on the merits, and even if granted, a bond is normally required before the Order will be issued.     I suspect this is pretty tough territory for a non-lawyer.  Good luck.  ... Read More

The statute of limitations is 5 years from the date they breached the agreement, if it was a written agreement.  Of course, you have to prove it was a written agreement.  File a Warrant in Debt in District Court-the worst that happens is you lose your filing fee. I'd suggest writing them first telling them you are going to file if they don't pay and perhaps that will stir some action.... Read More

Circuit Court judgments can be appealed but the procedure is pretty technical and there are very strict time deadlines.  Consult an attorney immediately if not sooner, if you plan to appeal.    A recorded judgment is a lien on any real property in the name of the defendant in the county where the judgment is recorded. A judgement against a husband or wife, but not both, does NOT attach to real property the own as tenants by the entirety (see your deed for this).   Property against which there is a lien can be sold but it takes a separate suit in the Circuit Court to do so, generally called  a Creditor's Bill". ... Read More

It doesn't sound like they ever signed to give you a lien on the title so you will need to file a warrant in debt, get a judgment, and then levy on the truck to get it sold to satisfy the judgment. Depending upon the value of  the truck, and whether there is already a lien on the title, it might not be worthwhile to pursue the truck.... Read More

I am not familiar with the law of Virginia, but assuming that it is the same as the jurisdictions in which I practice, you have no right to file a lis pendens unless your claim affects title to the real property.  Your claim for money damages alone is not sufficient.  However, if you sued to impose what is known as a "constructive trust" over the house, based on the theory that the owner used your money to buy, or increase his equity in, the house, you may be able to file the lis pendens.  You may have to ask the Court for permission to amend your complaint to add a claim for constructive trust.... Read More

Probably.  If someone leaves papers open in front of you, they would generally be considered to have waived whatever rights to privacy they may have had.  This is an analogous situation.  However, I can't guarantee that a judge will see it the same way.  However, most court proceedings allow for discovery, where you can demand that the other side produce any relevant documents.  Serve your adversary with a document request.  If they don't comply, and you can prove it, you may win your case just on that basis.... Read More

Did the bank have reason to know that your mother was deceased or that the checks were fraudulent?  If no one notified the bank of your mother's death, and the family member had a right to write checks against the account while your mother was alive, then the bank may have done nothing wrong. . ... Read More

Yes, if you are personally sued, and you lose, the judgment is yours. Depending upon the circumstances you might be able to get out of a suit, but if you commit a negligent act, even if working for a LLC, you can be personally sued too. This is a very general answer as it depends upon the facts, so if you have been sued, see a lawyer ASAP.   Good luck,... Read More

If you can establish that the rifle was an unconditional gift, you will win.  However, your friend may claim that you were supposed to pay for it, or more likely that you were supposed to return it when you were done with it, or that it was a conditional gift, i.e. that he gave it to you with strings attached, such as that you would keep it and use it for hunting.  If so, the outcome may depend on who the Court believes (although I would look into the statute of limitations issue, which may be important depending on what your friend's claim is; for example, if he claims that you agreed to pay him for the rifle within 30 days after he transferred it to you, his claim is almost certainly too late.)... Read More

I would need to know more information than the question gives, but expungement in Virginia is fairly straighforward.  If the charge ended in a finding of "not guilty" or was dropped by the Commonwealth or was "otherwise dismissed" then it is entirely likely that it can be expunged with the proper filings and court appearances.  There are a few hoops to jump through and it can take several months, but if you qualify it will usually work out.  I do recommend having a lawyer help you with it.  Be advised however, that if you were convicted (found guilty or pled guilty) then in Virginia, at the present time, expungment is not an option.  Your question indicates that you were charged but does not say what the ultimate outcome of that charge was.  That fact will be very important in determining whether or not expungment should be pursued.... Read More

Once you signed the lease, you were obligated for the payments. It sounds like they have already obtained a judgment as that must be obtained before a garnishment can be filed so you're likely too late to fight the claim. The only way to stop their actions are to either reach an agreement with the lawyers regarding payments, or file a petition in bankruptcy. The latter will seriously damage your credit so don't do it lightly. You could call the lawyers,  tell them you're prepared to go ahead and file bankruptcy, which means they will get nothing more and may have to even repay some of what they're already received, and offer some discounted lump sum amount (less than what's owed) for a release of any further claim against you. It can't hurt to ask.... Read More

It is hard to advise you, since the factual basis for your claims is not clear from your inquiry. An attorney needs to review your "right to sue" letter and assist you in determining whether it is worth the bother to file a civil action. The barriers to such lawsuits are substantial and most are dismissed before trial. Without an understanding of these principles, which are well understood by your former employer's attorneys, you will be at an almost insurmountable disadvantage. In general, these cases are not handled on a pro bono basis.... Read More

You should contact a local lawyer to get advice about your husband bringing a defamation case against the coworker. In general, if a person says something untrue about you to someone else, without a reasonable belief that what they said is true, and the thing they said is a negative thing about you, you may be able to bring a claim for defamation.  I assume from your question you believe the coworker falsely, and with knowledge that it was false, told a superior that your husband did something towards her that was improper.   Issues you will want to discuss with the lawyer include what is the likelihood the coworker has sufficient income or assets to pay any judgment, and whether there is a possibility to recover punitive damages.... Read More

Your father in law can sue by filing the appropriate paperwork with the court. At the trial, the court will decide whether you owe the money sought. In making that determination, the court will consider any relevant evidence your father in law produces that shows you agreed to pay him the money he seeks.  The court will also consider any lawful defense you raise, such as that you never agreed to repay him, whether the debt is too old ( called the statute of limitations ) or whether the agreement needed to be in writing to be enforceable. Not all agreements need to be in writing, it depends on the particulars of his claim whether this debt needed to be in writing.   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

It is unclear from your question how much you paid them, and what you expect them to do.  In general, if they have failed to comply with your agreement, you can sue them in the local general district court for the damages you have sustained, and to get the court to order them to return your van to you, or give you the value of the van.  Check with a local attorney for details on what type of damages you can recover ( such as rental costs if you have rented a car ) and what type of evidence you will need to bring to court.  ... Read More

Having not seen the court order, I cannot speak with certainty, but it is hard for me to imagine a court order that would order him to pay you by a certain deadline and then let him off the hook if he is not aware of it before then.  It sounds to me like he is in contempt of court.  If you want him to be charged with bigamy or fraud, you can file charges at the magistrate's office, but it will be up to them whether or not to pursue it.  I do not think bigamy is a very high priority for the prosecutors.  It sounds like you already brought civil bigamy and fraud claims against him in the form of the annulment.  Certainly you should file your Rule to Show Cause and try to collect what you are due.  I think you've put up with enough abuse from this man and I don't see any reason why you should continue accepting his calls.  By all means, block his number.  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. .... Read More

I am having trouble understanding your question.  If you bought a mobile home and financed it through a credit union or a bank or similar financing company, they lender normally records their lien on the title, and holds the certificate of title in their possession .  Once the loan is paid in full, they should release the certificate of title to you with the original note marked paid.  I do not see how a Treasurer's office would have anything to do with this situation, unless they also filed a deed of trust on the home, in which case they may cause a release of the Deed of trust to be filed in the local circuit court records.  That method is often used once the wheels are removed and the home is attached to real estate.... Read More

There is no longer a process for removing a case from the General District Court to the Circuit Court.  That was abolished several years ago.  However, if you do not like the result you obtain in the district court, you can appeal it afterwards.  There are very strict deadlines to note your appeal and in some cases there will also be an appeal bond required.   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. ... Read More