Virginia Department of Social Services: What You Need To Know

The Department of Social Services (“DSS”) is an organization created by the Virginia government. DSS was created to help people get state and federal benefits, protect children from abusive parents, prevent people from taking advantage of individuals with disabilities or special needs, and help with adoption proceedings.

If DSS has become involved in your life, it is because there is some concern about a friend or family member that needs help or protecting. Alternatively, you may be under investigation for some alleged wrongdoing. What do you need to know before you interact with DSS?

DSS Works With Law Enforcement

In order to provide people with the protection or services they need, DSS works closely with local law enforcement. Law enforcement may be notified about any information that DSS obtains during their investigations.

For example, if DSS is doing a family assessment on your family, and you admit to leaving drugs or alcohol in areas where children are located, that information could make its way to law enforcement. If you admit to using any controlled substances to DSS, that information may also make it to law enforcement. Be careful about what you admit to DSS.

There Are Several Types of DSS Workers

There are several different types of workers that are employed. During the time you are working with DSS, you may meet several different individuals. It is important to know who these individuals are and what their roles are. That way, if you have any questions about the status of your case, you will know who to talk to.

If you are dealing with a child that has been placed in foster care, you will likely have at least two (2) different workers. There will be a worker who does the initial investigation to determine placement options, and a worker that works directly with the foster care provider. If you have questions regarding how a child is adapting to foster care, the foster care worker is the better person to speak to.

DSS is Trying to Help

If you are the subject of an investigation, if you believe a child or an adult with disabilities is being abuse, or if your children have been taken away, keep in mind that DSS is trying to help your family. You should immediately report any possible family abuse. DSS’s goal is rarely to initially prevent someone from ever seeing their family again. DSS is there to try and identify safety and health issues that would make the home unfit.

If a family member has been taken away or placed under a protective order, DSS is required to work with you to identify services that can help return the child to your home. Some common types of services include substance abuse evaluations, mental health evaluations, in-home therapy, parent mentors, medication management, and family meetings at DSS’s office. The types of services that will be recommended depend largely on the needs of each individual family. You may have more or fewer services depending on why DSS is involved.

Why You Need a Lawyer if DSS Contacts You

As previously stated, DSS works closely with law enforcement. Additionally, DSS has a heavy caseload and may delay in getting you the services you need. If you say the wrong thing to DSS you could be subject to criminal proceedings. Alternatively, a delay caused by DSS may result in a significant period of time where you could have your child returned to you. A lawyer can help you understand what information could be dangerous to share, how best to receive the services your family needs, and how to interact properly with DSS. If DSS is involved in your family, make sure you consult a lawyer.

Virginia Real Estate Law: What Types Of Lawsuits Are There?

If you own or share real estate with another person, there is a decent chance you will have a property dispute with that person at some point. Virginia law provides for specific types of lawsuits that deal with real estate disputes. Common types of disputes include; one person wanting to sell the property but the other wanting to hold it, relatives requesting compensation for improving the value of the property, and disputes as to who actually owns the property.

So how are these disputes brought to the court, and what are some things the court will consider in dealing with these disputes?

Quiet Title Lawsuit

The first type of lawsuit dealing with real estate is known as a “quiet title” action. The reason this type of lawsuit is called quiet title is because you are “quieting” disputes over who holds the title to the land. For example; there may be a dispute over whether someone had the authority to sell a piece of land, or whether they intended to sell the land to one person instead of another.

A quiet title lawsuit is brought in the circuit court where the property is located. In a quiet title lawsuit, the parties are attempting to convince the judge that they have a better right to own the property than the other person. A judge in a quiet title action is trying to determine who actually owns the property. Judges will often consider the chain of title, who sold the property to whom, and compensation.

Partition Lawsuit

The second type of lawsuit dealing with real estate is known as a “partition lawsuit.” This type of lawsuit happens when two people own a piece of real estate. One of the parties may want to sell the property, but the other person wants to continue living there. If the two are unable to divide the property to settle the dispute, a court can step in.

In a partition lawsuit, the court is trying to determine what will happen to a piece of real estate given the nature of the dispute. Common outcomes include, but are not limited to, forcing on party to buy the other out, forcing the sale of the real estate, or forcing the parties to simply subdivide the real estate.

Declaratory Relief Action

The third type of lawsuit dealing with real estate is known as a “ declaratory relief action.” The purpose of this kind of lawsuit is to determine whether an easement, covenant, or restriction is valid. For example; if the person who owned the property prior to you put a restriction that “no shed can be built in the backyard,” then a declaratory relief action may be appropriate. Alternatively, if a neighbor had been granted access to a trail through your property, and they are now using it to run a full-time tourism business, you can challenge the use of the easement through a declaratory relief action.

In this type of lawsuit, the court needs to look at the type of easement in dispute, how the easement was created, and what has changed since the easement was created.

Why You Need a Real Estate Lawyer

Real estate law can be very complex. If you are having a dispute with another person over the use or ownership of real estate, it is important that you contact a lawyer. The lawyer will need to locate expert witnesses to support your case and track down old documentation to show how the land had previously been used. Failure to hire a lawyer in these kinds of cases may result in losing your valid claim.

Virginia Property Disputes: How To Get Your Stuff Back

Have you loaned a friend your car for the evening and they are refusing to return it? Did you break up with your significant other and they are refusing to give your dog back? Did your parents kick you out of the house and your stereo system is still there that you paid for? Virginia law protects people from having their personal property withheld from them.

So what is the process for getting your property back from someone who is unlawfully withholding it?

How Much Time Do You Have?

The first thing you need to be aware of is the timeline for filing your claim for stuff with the court. There are three different deadlines depending on whether you have a written contract with the person holding your property, an oral contract, or no contract at all.

For example, if you have a written contract with a storage company, and they are refusing to return your property even if the contract allows it, you have five (5) years to demand your property back. If you have an oral contract whereby your friend is borrowing your lawnmower, then you have three (3) years from the date you demand the property back.

In contrast, there is less time if you are dealing with a situation where there is no contract. If you need to get your dog back from your significant other, you only have two (2) years to do so. If you fail to file at the right time, you may never get your property back.

What Do You Need To File With the Court?

The process is started by filing a document known as a “Warrant in Detinue.” This document must identify the specific property you allege the other person is withholding. For example, if you are dealing with a dog you should identify their name, breed and age. It is also a good idea to provide documentation proving that you are the owner of the dog to the court. This applies whether there is a written contract or no contract. If there is no contract, you should attempt to locate proof of purchase such as receipts from your credit card company or your bank.

What if the Property is Stolen?

Alternatively, you may need to consider contacting your local Magistrate if the person who is holding your property has no right to do so. This may be considered theft. They may be in trouble with the police if they have stolen your property.

Why You Need a Lawyer.

Failure to follow the specific procedures provided under Virginia Law may cause your case to be thrown out. For example, if you do not provide adequate proof of ownership or enough description of the property, you will lose. If you do not timely file, you will lose. Therefore, if you are in a property dispute you should immediately contact an attorney to determine what your rights are.

Virginia Landlord Disputes: Getting Your Money

Let’s say you have gone through the eviction process and have been granted a judgment from the court saying that your tenant owes you for rent, late charges and/or damage to the property. Money will not necessarily immediately be deposited into your bank account. Many times, tenants will refuse to pay a judgment after the case is over. This can often lead to a frustrating series of events where you will not be able to pay for the damage done to your property.

So how do you get the money the judge said you were entitled to? This is a process known as collections, and it can be a very complicated process. Virginia law creates a specific procedure for obtaining money that is owed to you from a court case. These procedures include, but are not limited to, forcing the other party to identify their assets, taking money from their paycheck, taking money from their bank accounts, and even forcing them to sell personal property.

So how does that process work, and what do you need to know?

How to Find Assets

The first step in the process is figuring out the best way to collect from the opposing party. Some people have money sitting in their bank accounts and receive very little from their wages. Other people do not save money and instead live paycheck to paycheck. Finally, some people have a lot of fancy personal belongings but no bank account or wages to speak of.

In order to determine the best way to collect against the other party, you need to learn of their assets. This is accomplished through a process known as “debtor interrogatories.” In Virginia, you can force the other party to come to court and testify, under oath, as to the location and nature of any of their assets. This is a valuable tool, and it can save time and money of filing to take a non-existent bank account.

There are several other methods for finding assets that a good attorney will have at their disposal.

How to Take Money From Wages

If you find out that the other party is making a lot of money, it may be worth filing what is known as a “wage garnishment.” This procedure allows you to force their employer to withhold money from the opposing party’s paycheck and submit it to the court.

However, some people do not earn enough. There are laws in Virginia which limit the amount of disposable income you are allowed to garnish.

How to Take Money From a Bank Account

If you find out the other party is keeping a lot of money in their bank accounts, then the next step may be to file a “bank garnishment.” This procedure lets you force a bank to identify the accounts that the other party holds and the amount of money in the account. Some of the dangers of this process include limitations on taking money from joint accounts, or limitations on taking social security income.

How To Force The Sale of Personal Property

Finally, you can force the other party to sell assets that are worth a lot of money to pay their bills. If they have a massive 70-inch television they use to watch the super bowl, you may be able to force them to sell that property. This is done through a process known as a “writ of fieri facias.” However, there are limits on the types of personal property that can be taken.

Why You Need A Collections Lawyer

You should hire a lawyer to help you navigate your way through the collections process. There are many notice requirements and filing requirements, as well as time requirements, for collecting on a judgment. Most collections attorneys will take these cases on contingency if it is a high enough value. Seek out a local attorney if you are looking to collect.

Virginia Landlord Disputes: What Happens at Court?

If you have given the appropriate notice to your tenant and have filed the appropriate paperwork with the court, the next step in the eviction process involves a series of court dates. It is important to know what is required of you at these court dates in Virginia. In Virginia, there are three major types of court dates; a) the first return, b) hearings on motions and c) the trial date.

So what are these three different types of court dates?

The First Return Date

The first date you are given by the court is known as the first return date. This date is to make sure that you have filed all the appropriate paperwork to begin the case. This court date is also the time in which the court will determine whether or not your tenant has received service of process of the paperwork you have filed. Before the court can do anything, your tenant is entitled to receive a copy of the paperwork.

If your tenant has received paperwork but fails to show, you may be entitled to a “default judgment.” This means that, because they did not show up, you will not have to go through the trial process. However, if your tenant does show up, they have the right to contest the charges.

Many judges in Virginia will require the tenant to answer whether they owe any rent or not. If rent is owed, you may be entitled to a “writ of possession,” which grants you your property back. However, that is not the end of your case. Even if you are given possession, you must have a trial to determine how much money you are entitled to.

If you own an LLC or a trust, you do not need an attorney at this first return date. You do, however, need an attorney for any subsequent hearings such as a trial.

Motion Day

If the tenant hires an attorney, their attorney may file any number of different documents against your eviction proceedings. Their attorney may even file a counterclaim, or a claim for money against you. If the other side hires an attorney and files any paperwork, it is imperative that you immediately seek out an attorney. Failure to do so may result in you owing money to the tenant!

Trial Day

Eventually, if the matter is not settled, you will be given a trial date. On the trial date, you are required to prove to the court the specific grounds for which the eviction is sought (if not for failure to pay rent) and the amount of damage the tenant has done to the property.

Judges are looking for documentation to prove how much money you will need to spend to get your property back in working order and how much rent is owed. Therefore, you will need to bring with you to the trial date documents including, but not limited to, quotes for repairs, accountings of late charges and rent and photographs of the damages.

Why You Need a Lawyer

Navigating these different stages of the court process can be very confusing. If the other side hires a lawyer, their lawyer can do any number of things to make you lose your case. For example, failure to follow certain rules or to file certain documents automatically makes you lose. As stated before, if you own an LLC or a Trust you may be required to have an attorney no matter what. Therefore, you should seek out an attorney before even sending the initial notice to your tenant.