§ 59.1-415 Definitions
§ 59.1-416 Representation of having won a prize, gift or any item of value
§ 59.1-417 Representation of eligibility to win or to receive a prize, gift or item of value
§ 59.1-418 Representation of being specially selected
§ 59.1-419 Simulation of checks and invoices
§ 59.1-420 Conditions for handling charges and shipping charges
§ 59.1-421 Action to enforce the provisions of chapter
§ 59.1-422 Enforcement; penalties
§ 59.1-423 Exemptions

Terms Used In Virginia Code > Title 59.1 > Chapter 31

  • Act: means the Virginia Contractor Transaction Recovery Act. See Virginia Code 54.1-1118
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application: means a request under the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Virginia Code 20-88.83
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Biennium: means a two-year period beginning on July 1 of an even-numbered year and continuing through June 30 of the next even-numbered year. See Virginia Code 54.1-1118
  • Board: means the Board for Contractors. See Virginia Code 54.1-1100
  • Claimant: means any person with an unsatisfied judgment involving residential construction against a regulant, who has filed a verified claim under this Act. See Virginia Code 54.1-1118
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property. See Virginia Code 54.1-1100
  • Convention support order: means a support order of a tribunal of a foreign country described in § 20-88. See Virginia Code 20-88.83
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1100
  • Direct request: means a petition or similar pleading filed by an individual in a tribunal of the Commonwealth in a proceeding involving an obligee, obligor, or child residing outside the United States. See Virginia Code 20-88.83
  • Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1100
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Foreign support agreement: includes a maintenance arrangement or authentic instrument under the Convention. See Virginia Code 20-88.83
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Virginia Contractor Transaction Recovery Fund. See Virginia Code 54.1-1118
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Handling charge: means any charge, fee or sum of money which is paid by a consumer to receive a prize, gift or any item of value including, but not limited to, promotional fees, redemption fees, registration fees or delivery costs. See Virginia Code 59.1-415
  • Improper or dishonest conduct: includes only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code (§ 36-97 et seq. See Virginia Code 54.1-1118
  • improvement: shall include (i) remediation, cleanup, or containment of premises to remove contaminants or (ii) site work necessary to make certain real property usable for human occupancy according to the guidelines established pursuant to § Virginia Code 54.1-1118
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed through a 900 number exchange or otherwise, and generates a service-related fee billed to a telephone customer. See Virginia Code 59.1-415
  • Person: means any natural person, corporation, trust, partnership, association and any other legal entity. See Virginia Code 59.1-415
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regulant: means any individual, person, firm, corporation, association, partnership, joint venture or any other legal entity licensed by the Board for Contractors. See Virginia Code 54.1-1118
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Value: means fair market value. See Virginia Code 54.1-1100
  • Verified claim: means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter. See Virginia Code 54.1-1118