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Sammid J Mansoor

Sammid Mansoor’s Answers

51 total

  • What to file in circuit court to collect on a 75,000.00 prommissory note

    i have a note signed and notirized for $300,000.00, so far he is not paid $75,00.00 what forms do i fill out in circuit court

    Sammid’s Answer

    In Virginia, our courts have different jurisdictional limits.

    For cases which are less than $5,000 you can go to small claims court, based on a warrant in debt, affidavit of claim, and service member's affidavit. In small claims court the judge will hear your argument and the defendant's defense and make a ruling based on the testimony. Attorneys are not allowed to represent clients in small claims court.

    For cases which are $25,000 or less, you can go to general district court, based on a warrant in debt, affidavit of claim, and service member's affidavit. In GDC the judge will, ask if the amont is in dispute, and if so, set it for trial. Here you may be asked to file a Bill of Particulars, a detailed story on why you think the other party owes the money. The Defendant will file an answer, his reasons why he doesn't owe the mney. The judge will then have a trial and based on the pleadings and testimony, make a ruling. Attorneys are not required in GDC, howver most actions are brought by attorneys, so an attorney is recommended.

    For cases over $25,000, you need to go to circuit court. It is highly recommended that you have an attorney in CC. CC has more stringent rules and procedures which must be followed. Failure to properly follow these rules and procedures could result in your case being dismissed, often with prejudice, meaning that you forever have lost your claim.

    If you need more information, we offer a free consultation.

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  • If I have a loan that I used my home as collateral but then the home was foreclosed on. Am I responsible for that loan?

    I was buying a home from like 1998 to 2007 and while buying the home I got a loan for some improvements and consolidation (home loan and improvement loan are different banks). On that loan I used my house for collateral. Since then, I lost my hom...

    Sammid’s Answer

    Assuming your facts: When you chose to secure your loan with your home, you allowed the creditor to collect any past due monies due from you from the pledged asset, in this case your home.

    Since most homeowners have a mortgage on their home, that asset is already pledged to a creditor. When a new creditor accepts that collateral as security, they put themselves in line on the equity of the property. This line referred to as priority determines who gets whatever equity is available in a first come first serve order.

    If your house was foreclosed on by the mortgage company, and assuming the mortgage company was first in line, they would first satisfy their outstanding balance, and if there were any proceeds left, they would pass that amount on to the next creditor, and the next, until all the lines have been satisfied.

    If there are any proceeds left, they would be returned to you. However, in most cases, there are no proceeds left and a deficiency occurs. In these situations, the debtor would still be liable for the balance. The creditor however is now in a difficult situation, as they are now mostly likely an unsecured creditor.

    Most creditors prefer security, when they were secured and are now displaced, many will attempt to improve their standing. They accomplish this by seeking a judicial lien, basically they sue you for the balance, and obtain a judgment against you. This judgment when properly recorded places them in line for any other assets you have. There are several ways that they can proceed to collect, including levy (asking the sheriff to come get enough items to cover the judgment) or garnishment (having the courts collect it from your bank accounts or pay check).

    That being said there are several alternatives you may pursue, such as settling the debt with the creditor and or bankruptcy. Both alternatives are best pursued with the assistance of an attorney.

    If you need any other assistance we offer free consultations.

    Sam

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  • Are we liable for the full-year tuition in light of the wrongful dismissal process?

    Our child started in a private school's pre-school program in September and was terminated within a couple of weeks. We had only one teacher-parents meeting during this period of time and never met the school's counsel. We offered to have our ch...

    Sammid’s Answer

    Courts view contract disputes differently than many other causes of actions. As contracts are generally between parties who willingly enter into an agreement, the courts view is that the parties should know what obligations and rights they are creating. That being said there are several defenses to contracts which may be applicable. But as the last attorney accurately stated, without a careful review of the document, no attorney would be able to evaluate your rights or obligations.

    Should you require any additional information, we do offer free consultations.

    Sam Mansoor
    www.loudounlawyer.com

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  • My lease has an end date of 8/31/2010 landlord has an end dae of 9/30/2010 whose date is correct?

    I have to give a 60 day notice when I want to move and not renewal the lease so I contacted the landlord to find out about it. The explained that the lease that I have has an incorrect date on it for when my lease is up and that what they have in ...

    Sammid’s Answer

    The written lease contract will prevail. Assuming that the contract is validly executed.

    Send the landlord a well drafted letter that explains that pursuant to the lease executed on ..., for the property located at ... Notice is hereby given that upon termination of the lease term, you plan to vacate the premises and terminate the lease.

    Good Luck, if you found this helpful, click on the “thumbs up” below, and should you need any more assistance, please feel free to contact me.

    Sam

    The Mansoor Law Firm, PLLC, also owns and operates the Virginia Virtual Law Firm, at www.onlinevalegalforms.com. The Virginia Virtual Law Firm is a cost efficient consumer resource that provides inexpensive limited legal services by way of attorney drafted legal forms and letters.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    116 R Edwards Ferry Rd NE
    Leesburg, VA 20176
    (703) 404-7733
    www.loudounlawyer.com
    www.onlinevalegalforms.com

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Consistent with Avvo policy, this communication is intended as general information and not specific legal advice. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. Attorney is licensed to practice law only in the Commonwealth of Virginia. Responses are based solely on Virginia law unless stated otherwise. www.loudounlawyer.com & www.onlinevalegalforms.com

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  • Is Saturday considered a business day in Virginia as it pertains to contracts?

    I signed a contract for air conditioning service. I then got a better deal and cancelled the first contract within the 3 (three) business days as stated. I was then sent a bill for almost $1,000.00 stating that I didn't cancel in time because Sa...

    Sammid’s Answer

    It all depends on the contract; a contract that has been drafted properly will include definitions.

    First look to the contract, if it contains a definition for business days, then that is what will control.

    Now look at the definition, since a lawyer probably drafted it, and contract lawyers enjoy their weekends, it probably does not include Saturday as a “business day.”

    If the contract is silent as to the definition, then the contract term is ambiguous, and open for interpretation. (Typically by a judge)

    You argument will be that in the “normal” use of the term, business days are Monday – Friday and does not include Saturday, otherwise why would there be a distinction. And that was your understaninding at the time of contract formation.

    Their argument would be that “business days” would include all days that they are open.
    The good news is that ambiguities are charged against the drafter, because if they wrote it, they should have been more precise.

    It appears that the company is trying to push you around. A well drafted letter from an attorney will probably push back hard enough for them to return your deposit. I need more information, in order to advise you more.

    Good Luck, if you found this helpful, click on the “thumbs up” below, and should you need any more assistance, please feel free to contact me.

    Sam

    The Mansoor Law Firm, PLLC, also owns and operates the Virginia Virtual Law Firm, at www.onlinevalegalforms.com. The Virginia Virtual Law Firm is a cost efficient consumer resource that provides inexpensive limited legal services by way of attorney drafted legal forms and letters.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    116 R Edwards Ferry Rd NE
    Leesburg, VA 20176
    (703) 404-7733
    www.loudounlawyer.com
    www.onlinevalegalforms.com

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. www.loudounlawyer.com & www.onlinevalegalforms.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • My landlord has stated i and my husband can not be on the property for any reason. Also our belongings are still there.

    Also I have notified the police and they aren't doing anything.

    Sammid’s Answer

    We need more information to be able to answer this question. Generally, if you are not in breach of the lease, the landlord should not be able to deny you access to the property.

    Good Luck and if you need further information, feel free to contact me.
    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    116R Edwards Ferry Rd NE
    Leesburg, VA 20176
    (703) 404-7733

    NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom.
    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. www.loudounlawyer.com & www.onlinevalegalforms.com
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • Is a will legal if it is done with a womans maiden name and not with her legal married name?

    my mother in law did a new last will and testament. THe new will was done in her maiden name and she has been married 2 times. Can the will be legal if it is done with her maiden name?

    Sammid’s Answer

    Short answer - The will needs to properly identify the testator (person making the will). If your mother-in-law never officially changed her name to the married name(s) and still officially goes by her maiden name, then it probably properly identifies her. I would recommend a statement in the will indicating her aliases.
    You can obtain a simple inexpensive will at www.onlinevalegalforms.com. With this service, you will answer a questionnaire. An attorney will review your questions, draft your will and you can then download it.
    Look to my legal guide – Written Will Requirements in VA for more information.
    Good Luck and if you need further information, feel free to contact me.
    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    116R Edwards Ferry Rd NE
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. www.loudounlawyer.com & www.onlinevalegalforms.com
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • Can the local company that I was dealing with take me to court even if I didn' sign a contract?

    I had termites and the exterminating company came out to inspect and they found termites.I never signed the contract to start any treatments because I wanted to talk it over with my husband and the technician called threatening to take me o court.

    Sammid’s Answer

    I agree with the attorney above you do need to answer any complaint. You can probably send the company a letter demanding that they stop collection attempts. There are letter available at www.onlinevalegalforms.com. under legal services-> loans and collections. This service will ask you to fill in a questionnaire, an attorney will review your complaint and draft your letter for you, and then you can download it and mail it. Since the amount he is trying to collect is less than calling his lawyer it will probably resolve your problem. If it doesn’t feel free to call me and we can discuss possible remedies available to you.

    There is a legal concept that you need to be aware of which may open you to liability known as Quatum Meruit. It basically says the law will imposes an obligation against a party, who request the services of another, to pay reasonable compensation for the services performed.

    Quatum Meruit also known as quasi contract or unjust enrichment bars a party from benefitting from the labor of another without compensation. The courts will infer that a contract existed between the parties and reasonably compensate the injured party for services provided.

    I need to know more about the engagement in order to determine if liability exists. For instance were you aware of a fee for the estimate? Does this company advertise "free estimates"? Did you respond to an ad for a "free estimate"? Did the technician inform you of any possible charges before he came out? etc.

    Good Luck and if you need further information, feel free to contact me.
    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    116R Edwards Ferry Rd NE
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. www.loudounlawyer.com & www.onlinevalegalforms.com
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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