Virginia Contracts Legal Questions

This is something any family law attorney should be able to help with.  It's in the nature of a post-nuptial agreement.  Our office is in Tysons, so you may want to find someone closer to you.  But it's something we could handle remotely via email and Zoom and then you could get it notarized at your bank or local UPS Store.  ... Read More

As with most cases involving written contracts, it is impossible to give a definite answer without reviewing the contract terms. That being said, you will likely need to find a commercial litigator to help you try and recover monies from the contractor (or his company, if you had an agreement with his company as opposed to him individually). Your lawyer may be able to get the contractor to be more responsive that you have been, but there is never a guarantee that will be the case. Depending on the amount owed, you may be able to file a warrant in debt in general district court in Virginia, which is usually a faster and cheaper process than filing in circuit court. But, in most cases, the amount at issue has to be less than $25,000.  If the contractor files bankruptcy then you would have to file your claim as a creditor in the bankruptcy proceeding.  Best of luck to you in finding a resolution. ... Read More

Individuals do not prosecute criminal cases.  They are brought by the local prosecutor (usually a Distict Attorney acting on a citizen's complaint) and will probably have to be brought in the state in which the moving company operates.  Assuming that you suffered damages from the forgery, you can bring a civil case against the moving company in Virginia if the moving company has sufficient contacts with that state to allow the state to exercise jurisdiciton over it.  If the moving company moved  you to Va., you can probably sue in VA.  However, you should look at the contract you signed with the moving compalny to see if it has a mandatory arbitration provision or a provision specifying the court in which any litigation could be brought.... Read More

On its face, it appears that you have an enforceable contract, but of course I have no way of knowing what basis your ex might have to claim that it is invalid.  Were you both of age and competent?  Was there any fraud, duress, or undue influence involved?  Did you fulfill all of your obligations under the contract?  Was the contract ever modified? ... Read More

Your daughter does not have to attend a private school thqat her parents don't want her to attend, but whether you would still be obligated under the contract you signed once she left depends on (a) what the contract provides; and (b) whether there is any basis to invalidate the contract.  There is no such basis apparent from your question, unless when you write that "it's not like I thought it was going to be" you meant that you had been defrauded into contracting, i.e. that there was a factual misrepresentation made to you by the school which it knew to be false and which you relied on in contracting.  In most cases, such a misrepresentation would have to be in the actual written contract to be a basis for negating it.... Read More

I would think that the date would be controlling and you should have a good claim against them for any damages you incur as a result of their breach of the contract.  However, it's possible that it would be considered a mutual mistake of fact, in which case they may be able to wiggle out of it.  It's an interesting issue and may require additional legal research to see if any courts have addressed this before.... Read More

If the documents back up what you state as the facts in your son's case, I'd  suggest suing the Dealer where he is located for the difference between the new car price and the value of the car now that it is used with 2500 miles on it. You ( your son) should be able to do that in small claims court. Some car dealers will do anything to get a sale to make their numbers and when they prey on our military members I think you may find a judge who would rule in your son's favor. Thank your son for his service.... Read More

Thank you for asking this question. It highlights the idea that contracts are negotiable and that signers should be familiar and comfortable with the documents.  Large companies have in house counsel which spend much of their time reading and revising contracts for customers and suppliers. Virginia law also requires certain things to be in writing and signed. These lawyers seek the best interest of their company and work with the other lawyers of customers and suppliers to create a contract that best meets everyones' needs.  If you are unhappy with the provisions, you should go to the decision maker and lay out what you dislike. You should also have some ideas of what you would like to see in the clause as well.  Often, when certain parties want or need the business they let certain portions of the deal slide for the sake of keeping the business. In the end, you will be responsible for the writing you sign.    NOTE: This material is for information only. It does not constitute legal advise nor create an attorney-client relationship. Always consult and retain a competent Attorney when facing legal opportunities and challenges.... Read More

It is hard to provide you with definite answer without reviewing your lease agreement (because it is possible that the lease agreement could leave the car dealership the right to fix mistakes in the lease).  That being said, if the lease agreement was signed, it was a valid contract and it should be enforced at .10 cents a mile.  Review the agreement, does it provide dealership right to revise/redo agreement?  If not, tell them that you have enforceable contract and do not agree to signing another one.  If they get aggressive with you, contact a local attorney to assist (and perhaps write simple letter to dealership).  One last thought, if you are getting pressure from sales person, you should call and send letter to dealership general manager.  State that you have valid contract and don't appreciate pressure from dealership.  State that you have had good relationship with dealership and would like to continue relationship for servicing of vehicle --but, if they continue trying to redo agreement, you will not only find another location to service car, but also you will post your displeasure on social media sites like Yelp and Google+.... Read More

You have to commence an arbitration against the other party because there is an arbitration clause in your contract.  Neither of you has a choice to sue in Court, unless you both agree to it.  If the other side doesn't respond to your demand for arbitration, you may (given the history here) be able to get a default award in the arbitration, and have that award confirmed in Court.  If not, you will have to get a Court order compelling the other party to arbitrate.... Read More

Your lawyer can charge for the time spent, but if he did not complete the job, he cannot charge you the full flat fee, if it is  more than the time spent.  You are free the change lawyers at any time.  He should provide you with an invoice detailing the time he spent on your case and showing what you have been charged. 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

You need to find a lawyer in the state in which the timeshare was sold.  You posted this for Virginia lawyers.  Is the timeshare in Virginia?  Any lawsuit would have to be filed in the state in which the transaction was done or in which the company does business or where specified in the contract. 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

There is really no such thing as a private criminal suit.  Criminal actions are brought by the government to punish people for crimes.  Civil suits are brought to recover damages for civil wrongs (breach of contract, fraud, etc.)  The two are in no way mutually exclusive.  Thus, if someone steals your money, the goverment may prosecute a criminal action against the perpetrator for theft, while you would sue the perpetrator for damages sustained by reason of his/her conversion of your property.  Here, you loaned your friend some money and he has breached the contract to repay that money.  You can sue for breach of contract and possibly other causes of action (breach of fiduciary duty, fraud?).  Depending on the actual facts, he may also have committed crimes, for which the government may (if you alert it) prosecute him.  Either way, if the wrongful acts occurred so long ago, there are likely to be problems with the statute of limitations.... Read More

If you did not sign as a co-signer or guarantor on the account, then there is no privity of contract for them to sue you directly.  The should be a defense to any lawsuit they bring against you.  It's possible that they are just trying to intimidate you to get you to pay them. 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

With some exceptions (personal services contracts, for example), the death of a contracting party does not relieve his/her estate from performing under the contract.  Although technically you personally are not obligated, your husband's estate is, as a practical matter it works out the same since you are the sole beneficiary of the estate.... Read More

If your father was not competent to enter into a contract, the contract is not binding on him.  Although having Alzheimers doesn't necessarily mean that he was incompetent at the time he entered into the contract, his guardian (if he is permanently incompetent, a guardian should be appointed for him) will probably have a good chance of gettng your father's obligation invalidated.... Read More

Garnishment proceedings are only available after the conclusion of a lawsuit, when a judgment is obtained, and the losing party refuses to pay the amount the court ordered him or her to pay to the winning party. In your case, before you could obtain any garnishment, you would have to sue your daughter and son-in-law, win, and obtain a judgment against them. At that point, you would become what is called a "judgment creditor." If your daughter and son-in-law refused to pay you the amount they owe in the judgment, you might be able to institute garnishment proceedings against them pursuant to Virginia Law.  If you wish to avoid having to pay rent for your daughter and son-in-law, there may be other options available to you, depending on the provisions contained in the lease agreement and any co-signer or guaranty documents you may have signed in connection with the lease. ... Read More

You say that there was no contract, but from the facts you provided it seems as if there was.  Although some types of contracts need to be in writing to be enforceable (and even then there are some fact patterns which may give rise to exceptions), most do not.  The main types of contracts which have to be in writing in most jurisdictions are those for the sale of real estate, those for the sale of goods over $500, and those which cannot be completely performed within one year.  It does not appear that the agreement you allege, which seems to be an agreement for your wife and her friend to perform services for the photographer in exchange for future royalties, fits into any of these categories and therefore, although Virginia law may require other types of contracts to be in writing of which I am not aware, it is probably enforceable even though oral.  Your wife and her friend can sue the photographer for breach of contract.  Of course, it would be easier for your wife and her friend to prove their case if they had something in writing.  Also, although you say that the photographer agreed to make your wife and her friend "his team", you don't say that he agreed to keep them as "his team" for any specific period of time; he could have fired them the next day.  Remember, an agreement to keep someone employed for more than a year would most likely have to be in writing to be enforceable.  Also, since there is no sales history, your wife and her friend will have a very difficult time proving the amount of damages they sustained from the breach, and may not recover anything for their lost profits claim.... Read More

I do not see how you can be liable for the vehicle, if you were not a co-signer on the loan.  Ordinarily they will repossess the vehicle or you can make arrangements to turn it in, if you do not want to assume the loan.  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 to answer this question, I would have to review the contract to see exactly what it says about termination.  It will be entirely based on the contract itself.  If it would be a breach of the contract to terminate, then we would have to look at what the damages would be to the parent in order to determine your potential liability.   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

There is no general right to "file a lien" to secure payment of consulting services. You must first sue and obtain a money judgment. The judgment is a lien on certain assets of the debtor that can be expanded on court order. No liens, other than mechanics and materialmens liens, are automatic.... Read More

As mentioned in the previous response, unless your existing contract contains a "duration" term -- a promise by your employer to continue to employ you for a specific number of months or years -- that contract is terminable by either party on an at-will basis. Since your latest inquiry does not mention a "duration" term, I assume it contains none and is therefore terminable, and therefore renegotiable, by your employer at any time.... Read More

I think there is something you are missing. In the United States, in the absence of an express "duration" term in a contract of employment, employment is on an "at will" basis. That means that, without breaching the agreement, either party may insist on changes at any time for any reason or no reason at all, and may terminate the relationship for similar reasons or non-reasons if agreement to the new terms is not forthcoming. Your posted facts do not suggest that your employer has done anything wrong or that you are entitled to any kind of recovery.... Read More

I would suggest you write in your own words exactly what you expect the venue to provide, what charges you are responsible, what the timeframes are, and then identify all the things you are required to do and when you are required to do them, and then take that document to a lawyer to see what needs to be added to the document to be sure it is comprehensive.... Read More