All Questions

Federal Procedure filing in Virginia: Background, I had a case in a federal district court that went on for a year and a half and got dismissed due to me missing a court ordered deposition. The lawyer at the time said that a Motion to Reconsider would be filed, but wouldn't do it because they never get granted in that court, and what was left was an appeal in the 4th Circuit (which I got excellent advice here on). I went pro se on the Motion to Reconsider. My attorney withdrew from representing me, and I filed a Motion to have a Stay of Current Counsel while I found an attorney I could retain for the hearing on the Motion to Reconsider, and I filed a Continuance. My motions were denied. On the Motion to Reconsider hearing it was denied, and I was told to sit down and had nothing but sniffles. Then the judge put in an order that I cannot file anything in that court anymore because my case was in Appeals Court. Question: What do I file if I need to make an amendment or correction on the record that is incorrect and kept being repeated, starting from the opposition's filings and then repeated by the judge at my denied Motion to Reconsider. Is it a correction form, a Motion to Amend? Note: The amendment is that it keeps being typed and said that I missed 3 depositions, and I did not. The first was a mutual reschedule due to my doctor's note that I should not be at any work or out (I am a 74 year old senior), and the second I missed due to bronchitis and had doctor's notes for that. At that time my attorney could have put a "Protective Order" on my deposition and did not. Then they filed a request to the judge that it be court ordered, the judge signed the order, and on the morning of, at the law office of the opposition, I had a panic because I was at the doctor's office and they wanted to take x-rays and a COVID test (I had no COVID but the doctor said to stay away from people for 2 to 3 days). I had an anxiety attack (I have a mental health condition similar to Asperger's or adult autism). I now realize my attorney was not sensitive or in tune to that, and that the court nor the opposition attorney knew that, but I did not broadcast it, though I suffer from it and am embarrassed by it. Anyway, can I file a request to that court and to that judge to correct inaccurate data? Why is this important to me? Because it can show on the appeal that it was not 3 no shows with intent or disrespect, that the first one was a mutual reschedule.

Bankruptcy Law and Procedures, Virginia. Background: Am a senior in my 70s and attempted to do a bankruptcy in reality to ward off a wrongful foreclosure, and I thought to ease the aggression of build up of medical bills plus miscellaneous debt. I filed and did the basic paperwork and filed in person at the bankruptcy court in [address redacted] and I brought all the papers correctly and forms to the clerk's window in May 12th 2024, and in June 7th 2024 I had my first court appearance on it, and I was to include my credit counseling certificate, and it's the mandate, as you already know. Well, I took online the credit counseling, I paid for it with my debit card, yet they did not email me the certificate until 2 days later in my email. I did not think of it in detail, but when I went to court the judge said that the certificate shows I took it two days later than the due date required and before formal filing. I went alone without my niece or a friend, and I have a stuttering problem with a mental health condition. I tried to speak up and tell him that the receipt shows that I took it on that day, I did not pay for and then take the counseling and then get the certificate. He denied my bankruptcy filing. I had 10 days to appeal that, I do not remember why I did not appeal, I was so drained and overwhelmed and feeling alone, swallowed up from the system. Then the law firm that was managing the mortgage company accelerated the day of foreclosure date, they reapplied the process, for July 18th. But they moved the date up to August 21st and did not get a letter on that. Well, the house got foreclosed on wrongfully, and I have been fighting that battle still, overturning 2 eviction attempts, a lawsuit for one year and a half that got dismissed on a technicality due to my health and a missed deposition. It's now in appeal in the 4th Circuit Court. Main question: it's still within the 2 year mark of that denied bankruptcy filing, I would have to do it by the first week of May to bring it to federal court. Can I bring a dispute or appeal to federal court or higher that the denied bankruptcy based on a computer clerical error is not rightful to proceed on that path? I read recently at a lobby room at the courthouse that was possible, and upon filing an appeal on that, if it is approved, it can revert back to when I filed in May 2024, and that would then have to reverse the action of that foreclosure law firm. Is that so? Can you guide me to the path of how I can salvage the past that was taken from me due to these chain of events.

Virginia unlawful detainer stay questions: There was an April 8th trial directed from the interim lawyer regarding a motion to dismiss and stay, and he presented to the court, judge, and opposition a stay due April 15th at $3,700.00. I cannot afford that on my SSI of $812.00 a month. I am a 76 year old senior with a mental health disability. Note: I filed an "ex parte emergency stay modification of April 15th enforcement" motion, and had not read about the other motions related to a stay. Question I asked before on Friday: what sequence of these do I file first? The senior legal aid worker said I should file a motion to rehear to modify the conditions. The challenge is that the motion I filed Friday and the ones I would file today in the afternoon would not be heard until this Friday, all at once, and I feel that the ones I file today will have to be presented by my interim lawyer, unless this week, when I ask for a co-counsel relationship, he withdraws. I cannot speak clearly. I have a severe stuttering condition and cannot be clear due to shyness or my mental health condition, which is like a form of Asperger's or adult autism as an example. I am embarrassed. Here is a list of motions I was guided to file. Which one, in which order, in Fairfax County Circuit Court, Virginia, or state court? Motion to Stay Unlawful Detainer Pending Federal Appeal: is this different from the stay for modification? Motion to Reduce or Waive Escrow/Bond: they did not charge the bond amount yet, only $3,700, but if I do not pay on time, they charge the full back amount as a bond and process of possession. Motion to Dismiss Based on Pending Title Litigation: what is the formal language I would use for that? Indigency/Fee Waiver: is this the form you mean that I would pre-file at the clerk's window before all the above? What is your guidance? This has to do with a refile of the same case involving a wrongful foreclosure. It went to federal court as a lawsuit and was dismissed because I missed a seventh note stating my anxiety, when there were six doctors' notes. It is now on appeal in the Fourth Circuit Court. Part two: can I file a TRO or preliminary injunction in the Circuit Court of Fairfax County building, or am I correct that I keep being told that can only be done "after an eviction"?

When you're forced to go pro se because your attorney, someone you respect a lot, does not file or do what you had asked to save your case, even with proven examples or case law, what do I file with the court? I am forced to file pro se because I want the court to know about the discrepancy in the General District Court of Alexandria, Virginia.

My dad has been arrested after 20 years of running from the law for past due child support that's accumulated to over 200k. This is in Virginia. I want to know if I should get an attorney for this or if my mom should.

Seeking a lawyer that could write my Formal Brief of Appeal for the 4th Circuit Court of Appeals in Richmond Virginia from a Dismissed lawsuit case in United States Federal Court of Alexandria Division Eastern Division due to a fight against a high conflict Mortgage servicer that has alot of case law and the dismissal was due to me missing a court ordered dipositon due to my mental health illness and that day I was actually at doctors getting prepped for x rays from being sick since last October and testing for Covid that was with non result but they told me to stay away from people 2-3 days, My Interim attorney withdrew being bitter that the case was dismissed and I filed a Motion to Reconsider and a Motion to Stay Counsel but the Judge Denied them and said I just appear to have "sniffles"

I've got a couple of questions. I'm a big fan of an attorney I've worked with before and trust his judgment. I've got probate issues and real estate questions.

Am I allowed on a salary employee to have a non-compete in Virginia? We are an insurance agency.

Hello, I currently serve on the board of a condominium association in Virginia. Recently, there has been growing dissatisfaction among a number of residents regarding the direction of the community and certain decisions made by the current board leadership. Some residents are considering circulating a community-style letter or newsletter to inform other owners about these concerns and encourage broader discussion within the community. The intent would be to raise awareness, build support among residents, and potentially begin the process of organizing a petition to remove the current President and Co-President from their leadership roles and pursue a change in leadership, as allowed under our governing documents. The letter would likely be distributed informally to residents and may be done anonymously to avoid personal conflict or retaliation. Before doing so, I would like to understand any potential legal risks involved, particularly regarding defamation, fiduciary duties as a board member, or any other issues under Virginia condominium law. Specifically, I'd appreciate guidance on: Whether distributing a letter like this could create legal exposure for me as a board member Whether anonymity changes the legal considerations Any language or types of statements that should be avoided to reduce defamation risk under Virginia law Whether encouraging residents to organize around leadership changes could create issues under condominium governance rules From a practical standpoint, I would also appreciate your perspective on the real-world risk of defamation exposure in a situation like this, for example, how courts typically view opinion-based community criticism versus statements that could be interpreted as factual allegations.

I've recently become a board member on my condo's HOA and have become aware of some pretty shady practices. I've tried bringing the issues to the attention of the president and other board members; however, they don't seem to care or have any regard for the Virginia condo laws. I had the support of one of the other board members, and at this point I was going to create a letter to circulate and post on each of the unit doors to alert the residents and rally support. I want to have my letter reviewed to make sure that I'm not putting myself at any legal risk or causing defamation to anybody.