John Tarley Jr.’s Answers

John Tarley Jr.

Williamsburg Litigation Lawyer.

Contributor Level 10
  1. Mom died with no will but left behind a tax refund check

    Answered almost 4 years ago.

    1. John Tarley Jr.
    2. Geneva Nicole Perry
    2 lawyer answers

    No, there is no other way. The system is set up so that heirs are not deprived (or cheated) of their rightful share of a deceased person's estate. Therefore, if your mother did not have a will, somebody needs to be appointed her personal representative. That is done at the Circuit Court's clerk's office. From there, the personal representative can determine all the assets owned and any debts owed. The net proceeds of the estate are divided up by the heirs. The personal representative must...

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  2. Is this an action at law or equity or both?

    Answered almost 4 years ago.

    1. John Tarley Jr.
    2. Alan James Brinkmeier
    2 lawyer answers

    This is not an actual question, but a summary of an actual case from 1985. http://openjurist.org/787/f2d/726/laaperi-v-sears-roebuck-and-co-inc-laaperi

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  3. I signed a contract with a builder/friend to finish my deck and patio. Contract was $15K. I gave him cash for labor and signed

    Answered almost 4 years ago.

    1. John Tarley Jr.
    1 lawyer answer

    An attorney would need much more information to answer our question. I would advise you to contact a construction law attorney in your area. Here is some general information pertinent to your situation. By statute in Virginia, if a contractor takes an advance for a construction project upon a promise to perform construction, removal, or repair and then fails or refuses to perform such promise, that contractor can be prosecuted for larceny. Here's a link to that statute: http://bit.ly/d1Uckh....

    2 people marked this answer as helpful

  4. I have civil suit for a detinue and conversion, pre trial has passed, my bill of particulars filled and there grounds of

    Answered almost 4 years ago.

    1. John Tarley Jr.
    1 lawyer answer

    Your question is confusing, but assuming you filed the detinue action in General District Court, the short answer is "yes, you can amend your detinue action and your Bill of Particulars with the court's permission." File a motion to amend as soon as you can including all the information you want to include. The judge should hear your motion just prior to beginning the trial. Most often the judge will grant a motion to amend so long as the other side is not prejudiced by a lack of notice.

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  5. Can I seek monetary compensation from a car loan?

    Answered almost 4 years ago.

    1. John Tarley Jr.
    1 lawyer answer

    Sure, you can sue her. Whether you can recover is another question. As you have already correctly determined, both of you are fully liable on the car loan. However, between the two of you, you made an oral agreement that you each would be responsible for half of the total amount. Therefore, your lawsuit will be based upon that oral agreement. Although you can sue on this oral agreement, the difficulty will be proving that the oral agreement existed. She may deny that she made such agreement,...

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  6. Can a landlord garnish my wages because i ask to cancel my lease before my move in date?

    Answered almost 4 years ago.

    1. John Tarley Jr.
    1 lawyer answer

    You did not provide enough information for a full and complete answer, so I will provide you with general information. Nobody can garnish anything until they obtain a judgment against you. In your case, your landlord would have to sue you and win. Once the landlord obtains a monetary judgment, the landlord can try to collect on that judgment. A wage garnishment is one way to collect on that judgment. On the other hand, to determine whether the landlord could prevail in a breach of lease...

    2 people marked this answer as helpful

  7. Enter your question here. e.g., Do I need a real estate attorney?How is the best way to enforce subdivision restrictions?

    Answered almost 4 years ago.

    1. John Tarley Jr.
    2. Charles Edward Mcwilliams Jr.
    2 lawyer answers

    You need an attorney experienced in real estate litigation, especially the enforcement of restrictive covenants. Assuming that you are correct, that covenants exist restricting fences, then you could file a lawsuit requesting an injunction to order the removal of those fences. You did the right thing by meeting with the owners, but if they will not agree, then it's time to turn it over to an a real estate litigation attorney.

    2 people marked this answer as helpful

  8. Contractor given $12K - Has done little to no work on home in a year's time.

    Answered almost 4 years ago.

    1. John Tarley Jr.
    1 lawyer answer

    They have a powerful option. By statute in Virginia, if a contractor takes an advance for a construction project upon a promise to perform construction, removal, or repair and then fails or refuses to perform such promise, that contractor can be prosecuted for larceny. Here's a link to that statute: http://bit.ly/d1Uckh. To begin the process, you would need to send a request for a return of the advance by certified mail, return receipt requested, to the contractor's address as listed in the...

    2 people marked this answer as helpful

  9. I have a court date to sue someone in small claims court.

    Answered almost 4 years ago.

    1. John Tarley Jr.
    2. Andrew Daniel Myers
    2 lawyer answers

    This question does not have a simple answer. Generally, Virginia judges will grant you court costs and interest. However, one issue will be whether you are entitled to interest because your contract has a clause regarding interest, or because you are asking the judge to award interest as permitted by statute (if your contract provides for interest, you have a better chance of having interest awarded). Another issue is whether the judge will grant you pre-judment interest (interest from the...

    2 people marked this answer as helpful

  10. Community regulations

    Answered almost 4 years ago.

    1. John Tarley Jr.
    1 lawyer answer

    It sounds like you are asking whether the school can penalize the student from parking on the street. The answer is "probably not." If the streets are public, as you said, and if the HOA cannot control the parking on public streets, then the issue is whether the school permits students to park off-campus. Many students can't afford, or don't want to pay for a parking pass for the school, so they park on public streets. So long as the school allows students to park off-campus, and the students...

    2 people marked this answer as helpful