Elaine Jarvis

Elaine Jarvis

Creative solutions to businesses, consumers and families in Northern Virginia
  • Business Law, Consumer Law, Bankruptcy ...
  • Virginia
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Biography

Eleven years’ legal experience in business law, corporate formation, compliance, complex consumer litigation, regulatory, contracts and bankruptcy law.
Local experience in family law; advocate for domestic violence survivors.
Four years in Am Law (top 100 American law firms) located in DC, with
business, bankruptcy and commercial litigation focus.
Experience in automotive and construction fraud litigation.
Fifteen years’ corporate experience, gained as business owner, award-winning author and airplane owner.
Advanced knowledge of and experience working with UDAAP,
Bankruptcy rules and procedures, FDCPA, RESPA, and FRCA.
State and federal consumer protection Complaints brought alleging VCPA, TILA and other state and federal consumer law violations.
Project management experience, ranging from bringing concepts to market to overseeing large-scale document productions in response to DOJ, FTC and SEC investigations.
Managed 50 contract attorneys.
Bestselling author.
More than ten years' experience as a business owner.
Sport Pilot.
Airplane owner.
Several years' work with non-profit boards in Fairfax County, Front Royal and Winchester, VA.
Bench and jury trial experience, state and federal court litigator.
Knowledge of real estate and mortgage markets, with Virginia Certified Title Settlement Agent (VCTSA), Virginia Title Insurance Pre-Licensing Course and Virginia Certification Title Examiner.

Education
College of William and Mary
J.D. (1997) | Business and Commercial Law
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Honors: National Trial Team
College of William and Mary Logo
University of Maryland - College Park
B.A. (1994) | History
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Honors: History Honors, University Honors, Magna Cum Laude
University of Maryland - College Park Logo
Professional Experience
Managing Member
Jarvis Law PLLC
- Current
Staff Attorney
Blue Ridge Legal Services
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Publications
Articles & Publications
Strays Welcome: An Uplifting Family Comedy
St. Mark's Publishing
Wave Rising
St. Mark's Publishing
I Run: A Novel
St. Mark's Publishing
Ripple: A Tale of Hope and Redemption
St. Mark's Publishing
Certifications
Member of Bar
United States Western District Court of Virginia
Member of Bar
United States Western District of Virginia Bankruptcy Court
Virginia Certified Title Insurance
VLTA
Virginia Certified Title Examiner
VLTA
Virginia Certified Title Settlement Agent
VLTA
Awards
Seal of Excellence for Literary Fiction–I Run: A Novel
AIA
Recommended
Midwest Book Review
I Run, Recommended
Freshly-Pressed by WordPress, Media Distortion and Partisan Politics, 8/29/2012
Wordpress
Recommended
Midwest Book Review
Ripple--Recommended by Midwest Book Review
AIA Seal of Excellence for Literary Fiction–Ripple: A Tale of Hope and Redemption
AIA
Professional Associations
Blue Ridge Habitat for Humanity
Board Member
- Current
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Virginia State Bar  # 41623
Member
- Current
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Strays Welcome Interfaith Ministry
President
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ROTH (Roof Over Their Heads) of Front Royal
Secretary and Board Member
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Warren County Habitat for Humanity
Secretary
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Jurisdictions Admitted to Practice
Virginia
Virginia State Bar
ID Number: 41623
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Fees
  • Credit Cards Accepted
  • Contingent Fees
    For consumer law cases, will request retainer to write Complaint and then will shift to contingent for the remainder or agree to accept fees if awarded statutorily
  • Rates, Retainers and Additional Information
    Cash, check, Visa, Mastercard, American Express and Apple Pay
Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Consumer Law
    Class Action
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Landlord Tenant
    Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
    Antitrust Law
    Cannabis & Marijuana Law
    Marijuana Business Formation, Medical Marijuana
Languages
  • English
Legal Answers
Q. Do I have a fighting chance in court
A: First of all: make sure (absolutely sure) you show up at the first return and ask to contest everything and do NOT admit to owing anything. Then I would think about talking to a lawyer because it would appear that you do have defenses--and this assumes the lease is in Virginia: 1. You cannot be sued for utilities if the lease agreement does not account for your requirement to pay utilities; 2. The time frame they are suing for is iffy--whether you owe for the six month time period where you went without heat, for example, depends on how you gave notice and whether you filed a tenant's assertion before withholding rent--but if your lease is indeed year to year and it did not automatically renew then it is hard to see how you owe more back rent; 3. They need to send a security deposit disposition statement before coming after you; 4. They should have sent pay or quit notices and if this was during COVID they were required to apply for RRP or rent relief money; 5. There should be demand letters from the LL asking for rent payments each month; etc.
Q. What constitutes a written agreement with consumer debt?
A: I assume you mean a warrant in debt, which is a contract-based claim in general district court. First piece of advice is to absolutely appear and ask for a trial to dispute the debt. Second, in Virginia, you have the right to request all the documents that gave rise to the debt. This is called "craving oyer." Rule 7B:5 of the Rules of the Supreme Court of Virginia states that “when a suit is brought on a written contract, note or other instrument, the original document shall be tendered to the court for entry of judgment thereon unless the production of the original is excused by court for good cause or by statute.” So you have the right to ask for that. That should give you a way of arguing at trial or even before trial (at the "demurrer" stage) that you are the wrong party and that the credit card company does not have a right to go after you. To answer your question directly, you can assent to or enter into a contract electronically in Virginia and in general the statute of limitations for contract claims in VA is four years. So pleading that as a defense doesn't sound like it would work in this case.
Q. Don’t work for a company and that “company” sends you funds (cash app) can you keep it?
A: Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not legally yours--no, sorry, but take some reasonable measures to return it to sender and keep records of all your efforts.
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Websites & Blogs
Website
Jarvis Law PLLC
Blog
Contact & Map
Jarvis Law PLLC
29 Crescent St
Front Royal, VA 22630