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Victoria Allen’s Answers

698 total

  • Which court should I look to pursue my case, and under which statute? What should the attorney specialize in?

    I signed a settlement agreement that released someone from a COMPLAINT OBJECTING TO DISCHARGE in a chapter 7 bankruptcy cases. In a nutshell, the defendant lied and provided false statements in discovery and committed perjury during depositions t...

    Victoria’s Answer

    Go speak with a bankruptcy attorney and/or a contracts attorney. Without knowing the contents of the settlement agreement, there's no way to tell if you have been directly damaged. Also, if the defendant committed fraud or perjury, a bankruptcy attorney may be able to help you determine what can be done (if anything). As I don't practice bankruptcy law, I can't give you anymore information. Good luck.

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  • Am I obligated to stay and pay two months' rent to our landlord, even though he sent us an informal eviction notice already?

    Our landlord has texted us a 60 day eviction notice (not served), with which we as tenants are happy to comply because we are fed up with his inconsistencies and failure to maintain the property as described early on in our landlord-tenant relatio...

    Victoria’s Answer

    This doesn't sound like an eviction notice so much as termination of the lease. Without the lease itself, it's hard to know for certain. It is common to have a lease whereby either the landlord or the tenant must give 60 days notice of request to terminate the lease even if it is at the expiration of the lease. My guess is you have a situation like that occurring - that it's really simply notice they want you to move and they're giving you that 60 day notice. If that is the case and you were to leave before then, you could easily be held liable for the remaining two months.

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  • Children riding with a parent on a suspended license.

    I have physical custody of the children. We share joint legal custody. My ex-husband has lost his license due to past child support. I do not want you to deny visitation to him but my concern is my 12 year old daughter who has anxiety disorder alo...

    Victoria’s Answer

    You are right to be concerned, and should be for any child, not just one that has anxiety concerns.

    That said, I think that your approach to simply ask him to have someone else drive is a good option. If you express it as you have here, he really shouldn't take offense. Another option may be for you to drive the children to him rather than having him pick them up.

    The courts always prefer if parents are able to work out their issues and concerns. Hopefully he will listen to your concerns and also recognize that it is in the best interests of your daughter. And hopefully he will get caught up in past child support and have his license restored soon.

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  • What are my legal rights

    Greetings, in Feb. 2016 I sold my 1998 boat, motor ,and trailer on craigslist for $2450.00. Now the buyer want me to pay for repair work to replace fuel line, fuel filter pump in the amount of $524.30. He has operated the boat several times and ...

    Victoria’s Answer

    This sounds fishy to me. (Pun not intended.) Though I do not deal with boat sales, a sale like this is most likely an "as is" sale unless you have made any expressed guarantees. You should print out your Craigslist ad and make sure you haven't made any guarantees or warrantied the boat for future repairs. It is possible there are finer points of laws in boat sales that I am unaware of, but if this was a regular vehicle sale, and you made no such guarantees or warranties, the title was clean and transferable, and the vehicle was able to be registered, the purchaser wouldn't have a leg to stand on.

    You may want to meet with an attorney in your area that offers a short consultation just to review.

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  • What do we do with a home whose mortgage hasn't been paid in 8 years and hasn't been foreclosed?

    In 2005, my husband and his ex-wife bought a home for $260,000 in Suffolk, VA. They separated approximately three years later in 2008. My husband could not afford the mortgage payments and told the mortgage company to foreclose after trying to sho...

    Victoria’s Answer

    A deed in lieu would simply transfer the property to the mortgagor without need of foreclosure.

    There's no way anyone here can tell you the best option as all the facts are not clear. You would need to seek the advice of an attorney. I would suggest taking any documentation (assuming you are on the note) with you for review. In addition, it appears as though it was your ex's obligation, but you don't indicate whether you quitclaimed the home to him during your divorce. A quitclaim deed in itself will not absolve you of mortgage obligations, but it may well be that you have a separation agreement that will shift any loss to him for tax purposes (you will be 1099ed for any shortfall).

    You really need to get together all of your documentation and meet with an attorney. Many will offer a short free consultation and give you an idea of how you can proceed.

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  • I have physical joint and the father has joint non cust of our daughter can he have her for 4 only days out the month?

    My daughters father refuses to speak with me regarding our child. He does not help me to raise her or discipline her. He continues to pick her up and wont let me know what is going on with her. I don't know where he takes her or who he leaves her...

    Victoria’s Answer

    There is no specific rule as to how much time a non-custodial parent has with their child or children. The judge looks at the specific facts in each case and determines the visitation based upon that.

    Your questions are a little confusing to me in that you seem to want him to spend more time with the child, but then also object that you don't have sufficient contact with the father when he has the child.

    It is true that you cannot control him when he has custody. It is also his time to share visitation with his family members as he sees fit. This is a good thing - a child benefits from contact with all family members, not just the parents.

    If there is some evidence that the child is being placed in danger, that would be something different. In addition, the parents should share reasonable information with one another and should certainly discuss major decisions that must be made surrounding the child - such as medical needs, schooling, etc. That is the impact of joint legal custody.

    If there has been a change in circumstances, you can submit a Motion to Amend custody and visitation. Or if the father is in direct violation of a court order or a consent order, you may file for a show cause.

    You should really take any existing order to an attorney for review and they will be better able to advise you if there is something that can or should be changed based upon the facts and even the judge that would hear any case that may arise.

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  • What information can I get through FOIA from Police Department? How many years do they keep evidence such as dash-cam video?

    I wanted to file a FOIA request for records from my trial. I know that some records are at the discretion of Police Department but are some mandatory such as police report, statement from witness etc? This is now 6 months after the trial.

    Victoria’s Answer

    If these items were introduced at trial, you should be able to get them from the Court Records simply by requesting them. Whatever you can't get from there, particularly if it was not introduced, you should be able to get through the FOIA request to the Police Department. You may need to try one or two divisions to get the items you need.

    I always ask for everything I want. If they don't provide it, they should tell you why. As to the length of time something is kept, I believe it is specific to the County. You shouldn't delay any longer as you don't indicate when the incident occurred.

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  • How can I work directly with the co-parent, ie eliminate the hostility and aggression of his girlfriend?

    Dad has filed to modify custody of our children. We have joint legal custody(Mom has primary physical historically & currently) and due to a historically adversarial relationship, we have been practicing "parallel parenting" in lieu of co-parentin...

    Victoria’s Answer

    The Guardian ad litem can typically help in this sort of situation. You don't indicate whether either of you have independent counsel, so I will assume you do not for purposes of this response. If you do, this is something you need to address with your attorney.

    In situations like this, it is important to document interactions between you. Just be careful that you are not responding in kind since that will also show you in a negative light. If the girlfriend is insinuating herself into the equation in a negative manner, it can certainly have an impact. And if the communications break down enough, the Court may actually find that sole legal custody is in the best interests of the child.

    Remember that the children are what matter here. Focus on how the negativity and attacking impacts the children, not you individually. If it is detrimental, let the GAL know the nature of the impact. He/She would certainly make suggestions to the Court to alleviate anything that may be harming the children.

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  • Do I have a leg to stand on?

    Me my daughter and son went through the drive through at McDonald's. They are 4 and 3. After we received our food they said they had to go potty. I parked and took them inside. While in the men's restroom my son was on the toilet, my daughter was ...

    Victoria’s Answer

    What is your specific question? Did you have medical bills that you are asking for? Is the changing station still broken and potentially dangerous and you want to force them to fix it? I would suspect that if you were to ask them to reimburse your medical costs, they would.

    It is very lucky that your daughter was not seriously injured. And it was good to fill out the incident report since this puts them on notice of a potentially dangerous problem. I am sure they will take it seriously and fix the problem.

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  • Can I take my daughter to court to collect on $500 that said she would contribute to her grandmothers funeral

    My daughter agreed to pay 500 dollars toward her grandmothers funeral. Now because of a arguement with her sister she refuses to pay it and someone else has to pay it. Can my daughter be taken to civil court so the person can get there money back ...

    Victoria’s Answer

    No one is required to pay funeral costs unless they contracted with a funeral home directly. If someone offers to pay, it is really just a gift which can be rescinded. The estate must pay toward the funeral if there are assets in the estate.

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