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Virginia Questions & Answers
2 Answers | Asked in Real Estate Law for Virginia on
Q: How costly and complex is correcting an erroneous deed in Virginia?

I own a 1.8-acre parcel adjacent to an 8.2-acre parcel, which had an erroneous deed of sale filed by its previous owner. The original deed granted access to a cabin for two people, including myself, to the 8.2-acre parcel. However, a subsequent deed incorrectly changed this access to only the 1.8... View More

Richard Sternberg
Richard Sternberg
answered on May 7, 2025

If there is really no dispute among any of the current title owners of both parcels, it might merely be a matter of filing a corrective deed and trying to talk the registrar out of taxing the transaction. If the lack of a dispute is mostly from your perspective, then it is litigation. Either way,... View More

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2 Answers | Asked in Family Law, Immigration Law and Estate Planning for Virginia on
Q: Can I hire a VA lawyer for a CA prenup with specific clauses?

I am a California resident looking to hire a Virginia resident lawyer to draft a prenuptial agreement governed by California law. I seek advice on whether a non-local lawyer would be knowledgeable about California prenuptial agreements. Specifically, I need to include a spousal support/alimony... View More

Richard Sternberg
Richard Sternberg
answered on May 7, 2025

I think you are better off retaining California counsel who tells you they are familiar with or can become familiar with the federal pension issues. The Federal Government is in California and protecting pensions from it is part of a California lawyer's role when preparing a prenup. Further,... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Consequences of first violation 46.2-859 in VA

I received my first traffic violation ticket under code 46.2-859 for mistakenly passing a school bus while students were onboarding. The incident happened a day before, and I was caught on the spot by the officer who issued the ticket. I am required to appear in court next month. What potential... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2025

The maximum penalty that you face is up to one year in jail, a license suspension up to 6 months and up to a $2,500 fine.

Every judge is different with these charges. However, it is more serious if kids were in the process of onboarding. This is something you generally want to prepare for...
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2 Answers | Asked in Estate Planning and Immigration Law for Virginia on
Q: Can I include non-U.S. residents, like my wife, in a Simple Will?

Can I include non-U.S. residents, specifically my wife who isn't a U.S. citizen and resides full-time in the Philippines, in a Simple Will? We have one child, and I want to ensure my wife has financial protections when I pass away. My significant assets are held in bank accounts and a... View More

Richard Sternberg
Richard Sternberg
answered on Apr 26, 2025

You probably should sit down with a lawyer for a consult. You may not need a Will at all if all of your assets are liquid like bank or stock accounts. The beneficiary clauses work so well that such planning has long ago earned the informal name of a "poorman's will." There will... View More

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1 Answer | Asked in Real Estate Law and Consumer Law for Virginia on
Q: Can a real estate company sell a home "as-is" without disclosing known septic problems in Virginia?

I bought a home "as-is" about 5 months ago. Before purchasing, I asked the real estate company if there were any septic system problems, and they claimed there were none. However, I've learned from a neighbor that the real estate company was informed of septic issues before the sale.... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 26, 2025

The law on this is complex and not helpful to you.

First, Real estate agents (the 'company' in your question) only know what the actual seller/former owner tell them. Unfortunately, sellers either don't tell or lie to their agents about the property. If the seller,...
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1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Received an email claiming subpoena from Ashburn court, unsure if legitimate. How to verify?

I received an email from "Legal Compliance <[email protected]>" claiming they have a subpoena from the District Court for the City of Ashburn. The email requests information about my account login activity, IP logs, and email content for January 2023 and states... View More

Amy McMullen Harber
Amy McMullen Harber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2025

Without reviewing the document, it would be difficult to assess the validity. That said, there is no District Court of the City of Ashburn. Ashburn is a location within Loudoun County, Va. but does not have a separate Court. The Loudoun County Sheriff's Office is the primary law enforcement... View More

1 Answer | Asked in Animal / Dog Law and Family Law for Virginia on
Q: How can our shelter obtain legal ownership of a dog from an incarcerated owner in Virginia?

I work at a private animal shelter, and we are currently housing a dog that was brought to us by a police officer after the owner was arrested. We wish to file for legal ownership of the dog to facilitate adoption, as holding it long-term in the shelter isn't feasible. The dog was brought in... View More

Richard Sternberg
Richard Sternberg
answered on Apr 22, 2025

Perhaps there is some statute that helps, but I have never heard of one. A dog is property in most states, including the Commonwealth. An incarcerated individual doesn't lose their property without due process of law. The easiest answer is to ask her to sign over the dog as a gift, and, a... View More

1 Answer | Asked in Real Estate Law and Contracts for Virginia on
Q: Am I responsible for maintaining a co-owner's property with sanitation issues?

I share ownership of a property with a relative. I live in one house while the relative, who is a part-owner, lives in another house on the same property. There is no written agreement between us regarding maintenance responsibilities. Currently, there is an issue with sanitation being allowed to... View More

Richard Sternberg
Richard Sternberg
answered on Apr 19, 2025

While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to... View More

3 Answers | Asked in Immigration Law for Virginia on
Q: Marriage certificate recognition in US and visa options

I am a US citizen planning to marry a Yemeni citizen in Egypt. The Egyptian embassy isn't accommodating any marriage certificate notary appointments. If we get the marriage certificate notarized at the Yemeni embassy in Egypt, will it be recognized in the US, particularly in Maryland?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 14, 2025

So the US immigration service will recognize any marriage performed anywhere in the world as valid, as long as the marriage where performed, is recognized as valid. So if there seems to be any doubt that the service and ceremony that will be performed in the country in the Middle East will be... View More

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3 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Virginia on
Q: Can I receive points on my record for a dismissed traffic ticket in Virginia?

In North Carolina, I received a traffic ticket for running a red light which led to a car wreck determined to be my fault. There were no injuries, and my insurance covered all the damages. The ticket was dismissed by the District Attorney on the day of my court date with no conditions. I had one... View More

Amy McMullen Harber
Amy McMullen Harber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

You generally would not receive DMV demerit points in Virginia for a charge that was dismissed. That said, the best way to verify whether NC might have reported the charge to Va. is to request a copy of your driver transcript from DMV. If you learn the dismissal was reported & VA has imposed... View More

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2 Answers | Asked in Gov & Administrative Law and Real Estate Law for Virginia on
Q: HOA hasn't held meetings or elections in 10 years and doubled dues without a membership meeting. Seeking advice on electing a new board and establishing governance.

My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about... View More

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2025

The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: Concerns for re-entry to U.S. for conditional green card holder after trip to Italy?

I'm a Canadian conditional green card holder, sponsored by my wife. I entered the U.S. on a B-2 visa in April 2023, married a couple of months later, and received my green card in March 2024. I have no criminal record or legal issues. We've planned a trip to Italy for less than 10 days at... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2025

Your conditional green card will allow you to exit and enter the United States for vacation trips. You should not stay out of the country for more than six months at a time, and you should bring your conditional green card with you at all times as well as your passport. As long as the conditional... View More

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3 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Do they check previous tax forms for citizenship?

I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More

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4 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Virginia on
Q: Is it standard for insurance to require waivers for future claims in settlement offers?

I was involved in a rear-end collision while stopped at a traffic light. I visited the hospital two days later and was prescribed painkillers. The pain persisted, leading me to return to the hospital a month later. I've been in contact with the at-fault driver's insurance company. They... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2025

They generally present claimants with a release. What you describe as a disclosure appears to have the general effect of a release in precluding your rights to future claims or money. One would need to see the exact terms of your documents to advise meaningfully, but in general their purpose is to... View More

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2 Answers | Asked in Internet Law and Civil Litigation for Virginia on
Q: Concerned about default judgment in Virginia DMCA case without personal identification details.

I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More

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3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 24, 2025

You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More

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3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.

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3 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Is it illegal search and seizure if evidence was found without a warrant or arrest?

While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2025

You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Received speeding ticket with incorrect last name; how to proceed?

I received a speeding ticket last Saturday for driving 75 in a 55 mph zone. However, my last name was incorrectly written on the ticket. I have not contacted the issuing authority about the error, and this is my first traffic violation. The ticket may have been issued out of town. How should I... View More

David G. Parker
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answered on Mar 18, 2025

I'm not sure what you mean by "issued out of town" but something to keep in mind is that a Virginia summons should include your license #, your address, other identifying information, and (usually) your signature. I wouldn't assume that this error would prevent the charge from... View More

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3 Answers | Asked in DUI / DWI and Criminal Law for Virginia on
Q: I have a DWI and Failure to Appear charge from 2018 in Virginia. What are my options to resolve this without jail time?

In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More

David G. Parker
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answered on Mar 16, 2025

I would certainly gather documentation showing the admission to and discharge from the facility. It would also be wise to consult with an attorney who practices regularly in the jurisdiction where this all occurred. They might be able to give you some insights into the standard penalties for the... View More

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