Must a Landlord Accept Rent After an Eviction Lawsuit in Virginia?

The Virginia Residential Landlord Tenant Act includes provisions allowing landlords to accept rent after an eviction lawsuit and still preserve their rights to evict.  This is called accepting rent with reservation in Virginia.  It also has rules allowing tenants to take steps to fully dismiss an action for unlawful detainer by paying their rent.  This is called redemption.  Below is …

Misrepresentations in Real Estate Sales in Virginia

Buying a home is an exciting time for purchasers.  But is can also be unnerving.  Buyers must be diligent and careful in making a purchase. Sometimes, a seller or realtor will make misrepresentations in real estate sales in Virginia to induce buyers to purchase.  These misrepresentations may be intentional or negligent.  Often, buyers do not discover the misrepresentation until after …

The Virginia Homestead Exemption and Judgment Lien Creditors

The Virginia Homestead Exemption allows debtors to protect certain property from the debt collection process. It allows the debtor to select any property, whether real or personal, to protect.  “Real property” means real estate.  Except in limited circumstances, creditors must obtain a judgment in order to garnish wages or bank accounts or levy and sell property.  Once they receive a …

Residential Leases in Virginia Bankruptcies

For debtors, deciding what to do with a residential lease is an important part of filing a bankruptcy. For landlords, receiving a notice that a tenant has filed bankruptcy can be unnerving and confusing.  Below is more information regarding residential leases in bankruptcies and steps landlords and tenants should consider. How Courts Treat Residential Leases in Virginia Bankruptcies In a …

How to Win Default Judgment in Virginia General District Court

Virginia allows plaintiffs to obtain default judgment against a defendant that fails to appear in Virginia General District Court. However, there are numerous rules and steps a plaintiff must follow to obtain default judgment. One misstep can cause serious delay and, in some circumstances, dismissal altogether. The Williamsburg Newport News Civil Litigation Attorneys at Collins & Hyman can help ensure …

The Basic Process of a Virginia Chapter 7 Bankruptcy

A Virginia Chapter 7 Bankruptcy can be the road to brighter future. Below is a step-by-step explanation of the basic process of a Virginia Chapter 7 Bankruptcy provided by our Williamsburg Newport News Bankruptcy Attorneys. The Rules The Federal Rules of Bankruptcy Procedure and local rules of the bankruptcy court govern the procedure of a Virginia Chapter 7 Bankruptcy.  Newport News …

Parties in a Virginia Chapter 7 Bankruptcy

There are a lot of moving parts in a Virginia Chapter 7 Bankruptcy. Knowing the different players and the common terminology for those parties can help demystify the process.  The following is provided by our provided by our Williamsburg Newport News Bankruptcy Attorneys. The Debtor The debtor is the individual filing the petition in a Virginia Chapter 7 Bankruptcy, the person …