Mr. Andrew T. Bodoh Esq.
Thomas H. Roberts and Associates, P.C.
About Mr. Andrew T. Bodoh Esq.I am a creative and vigorous Virginia litigation attorney focusing on civil rights, serious personal injury, and related claims. I stand with my clients when opposing local government bodies, police officers abusing their power, big insurance companies, employers, doctors, or anyone else who have violated my clients' rights or harmed my clients' person, property or reputation. I have handled or assisted in cases involving Constitutional violations, personal injury cases, defamation claims, malicious prosecution cases, FOIA lawsuits, and business litigation. I am the senior associate with Thomas H. Roberts & Associates, PC, in Richmond, VA, which specializes in civil rights and serious personal injury. I enjoy finding unusual ways to reach favorable results in difficult cases. Because most people who experience civil rights violations cannot afford large firm legal fees, I look for cost-effective ways of vindicating violated rights. CASE RESULTS DEPEND ON A VARIETY OF FACTORS. EVERY CASE IS DIFFERENT. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE. 1. I prevailed before the Virginia Supreme Court in a FOIA suit to obtain records of a police officer's arrests. Ewing v. Harmon, 285 Va. 335 (2013). 2. I convinced the Virginia Supreme Court that the Commonwealth's "Takings Clause" applies to contracts, not just real estate. Smith v. Commonwealth, 286 Va. 52, 59 (2013) 3. I prevailed before the Virginia Supreme Court in a case reiterating the limits of sovereign immunity in Virginia. Wagner v. Land (013-6-071) (2013) (unpublished order). 4. I assisted in drafting a petition for certiorari to the U.S. Supreme Court concerning the rights of shareholder-employees under Title VII. Mariotti v. Mariotti Building Products. 5. I was lead counsel in a trial that secured a $250,000 verdict against a Richmond police officer in an excessive force claim arising from a traffic stop. 6. I defended local activists sued for allegedly publishing se
- Civil Rights
- Employment Law
- Personal Injury
- Insurance Claims
- Business Law
- Gov & Administrative Law
Additional Practice Areas
- Car Accidents
- FOIA/Open Government Law
Jurisdictions Admitted to Practice
- Overall: 162 Answers
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- Last 30 Days: 3 Answers
- Last 7 Days: 3 Answers
Q. I make around 200$ every two weeks. Can my pay check be garnished/withheld?
A: It may depend on who is garnishing your wages (Governments may have greater rights, and child support obligations have greater rights) and why, but this is the general codes section that may apply: § 34-29. Maximum portion of disposable earnings subject to garnishment. (a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of the following amounts: (1) Twenty-five percent of his disposable earnings for that week, or (2) The amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by § 206 (a) (1) of Title 29 of the United States Code in effect at the time earnings are payable. In the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in this section. (b) The restrictions of subsection (a) do not apply in the case of: (1) Any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by state law, which affords substantial due process, and which is subject to judicial review. (2) Any order of any court of bankruptcy under Chapter XIII of the Bankruptcy Act. (3) Any debt due for any state or federal tax. (b1) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed: (1) Sixty percent of such individual's disposable earnings for that week; or (2) If such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such order was issued, 50 percent of such individual's disposable earnings for that week. The 50 percent specified in subdivision (b1) (2) shall be 55 percent and the 60 percent specified in subdivision (b1) (1) shall be 65 percent if and to the extent that such earnings are subject to garnishment to enforce an order for support for a period which is more than 12 weeks prior to the beginning of such workweek. (c) No court of the Commonwealth and no state agency or officer may make, execute, or enforce any order or process in violation of this section. The exemptions allowed herein shall be granted to any person so entitled without any further proceedings. (d) For the purposes of this section: (1) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, payments to an independent contractor, or otherwise, whether paid directly to the individual or deposited with another entity or person on behalf of and traceable to the individual, and includes periodic payments pursuant to a pension or retirement program, (2) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, and (3) The term "garnishment" means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. (e) Every assignment, sale, transfer, pledge or mortgage of the wages or salary of an individual which is exempted by this section, to the extent of the exemption provided by this section, shall be void and unenforceable by any process of law. (f) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (g) A depository wherein earnings have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of such earnings which are subject to garnishment.
Q. if someone brings their dog to my door and my dog gets out the door and attacks their dog on my front porch am i liable
A: You may be liable, depending on what exactly happened, but you may also have a variety of legal defenses if the other party files lawsuit. You should consider filing a claim with your homeowners insurance, as they may insure you for this incident.
Q. If 86 year old single Father has Will drawn up bequeathing everything to only child. Has deed to house in Daughters name
A: The situation may be governed by the following provisions: § 64.2-422. When omitted spouse to take intestate portion. If a testator [the person making the will] fails to provide by will for a surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate such spouse would have received if the decedent left no will, unless it appears from the will or from the provisions of a valid premarital or marital agreement that the omission was intentional. § 64.2-302. When and how elective share may be claimed by surviving spouse. A. A surviving spouse may claim an elective share regardless of whether (i) any provision for the surviving spouse is made in the decedent's will or (ii) the decedent dies intestate. B. The surviving spouse of a decedent who dies domiciled in the Commonwealth may claim an elective share in the decedent's augmented estate within six months from the later of (i) the time of the admission of the decedent's will to probate or (ii) the qualification of an administrator on the decedent's intestate estate. The claim to an elective share shall be made either in person before the court having jurisdiction over administration of the decedent's estate, or by a writing recorded in the court or the clerk's office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55-106 et seq.) of Title 55. C. The right, if any, of the surviving spouse of a decedent who dies domiciled outside of the Commonwealth to take an elective share based upon the value of property in the Commonwealth is governed by the law of the decedent's domicile at death.
Q. I am 1 of 3 guarantors on a commercial lease that still has a 30 month term. How can I safely leave without liability?
A: If you are a guarantor under a valid lease, the only way out is satisfaction of the obligations under the lease or renegotiation of the lease.
Q. I live on my parents property, if my dog bites someone can they be sued as the land owners?
A: It depends on various circumstances: e.g., whether the bite took place on the property or not, why the person was on the property if so, how the dog got loose from the property if so, etc.
Q. Can i file for bankruptcy without a lawyer
A: Yes, you can file for personal bankruptcy without a lawyer, but it is not an easy process to get right.
Q. Is there a state law that states what is defined as a house
A: I am not aware of a state law that defines house for all purposes. There may be definitions for specific purposes either in statutes or in the case law, but one would have to know what area of law is relevant.
Q. A drug trafficking fake doctor files a false police report and medical records against honest patientt, what can you do?
A: There would be various criminal violations by the doctor. The patient would likely also be able to sue the doctor for damages, but the type of lawsuit would depend on the specific facts of the case.
Q. what % of wages can chapter 7 take
A: Chapter 7 does not take wages.