Archived
What is implied by the words, "...is taking its first voluntary non-suit in the above-captioned matter..."?
Benjamin's answer
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Answered on February 10, 2014
Under Virginia law, a non-suit is effectively a dismissal of the cause of action against some or all of the defendants. The plaintiff is permitted...
Archived
Can I file a lien on a spouses property, if the debt and the property is not joint?
Benjamin's answer
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Answered on February 10, 2014
If the property is only in the wife's name, and the wife has not agreed to liability, then you cannot place a lien on her property.
If the...
Archived
Wife says she is leaving, I will need to sell the house quickly to avoid foreclosure, is she entitle to any proceeds?
Benjamin's answer
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Answered on February 03, 2014
The important question here is whether or not she is on the title of the home. If not, then you should be able to sell the property without issue,...
Archived
My car has been repossessed a few years ago- now they want to take me to court- i guess to try in collect on the remaining
Benjamin's answer
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Answered on February 03, 2014
Mr. Hinz is correct - you will want to consult with an attorney on the specifics of this question, whether or not your creditor has filed suit....
Archived
If you had a 1st & 2nd mortgage with the same lender and the property goes into foreclosure
Benjamin's answer
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Answered on February 03, 2014
The easiest way to get the sales information would be to contact the foreclosure attorney who presided over the sale. When you received the notice...
Archived
I am looking to find out where I need to go to write a homestead deed for personal property I have filled a chapter 7 a
Benjamin's answer
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Answered on February 03, 2014
Yes - in order to claim the homestead exemption under Virginia Code 34-4, you must prepare a completed homestead deed, listing all property that...
Archived
Deferred adjudication ,sealing, expungement, purging of records in Virginia
Benjamin's answer
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Answered on January 30, 2014
Under Virginia law, expungement is only permitted in the event of acquittal, nolle prosequi (the prosecutor deciding not to prosecute), dismissal,...
Archived
Can a college who agreed to a balance settlement agreement which included waiver of partial balance in an email retract offer?
Benjamin's answer
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Answered on January 30, 2014
In general, a contract cannot be withdrawn after it has been accepted. Once you've agreed to the terms, they're bound to them as long as you keep...
Archived
What can I do if my car dealership ran extra credit checks for my husband to get a vehicle "after"
very specifically told them
Benjamin's answer
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Answered on January 30, 2014
Pursuant to the Fair Credit Reporting Act, no person can obtain a credit report except for a purpose authorized under the act. While one such...
Archived
I am currently in a Chp13, trying to complete payments in March. Have just received a motion for relief from mortgage company
Benjamin's answer
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Answered on January 30, 2014
Assuming you are not pro se, then as the others have stated, you would want to speak with your attorney about this matter. This is exactly the sort...
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