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Questions Answered by Robert R Weed
1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

There is a garnishment that could take place and they could possible take the max 25% which would prevent me from taking care of my children and myself.....i was reading about head of household exemptions and did not know if VA recognized this and if so what would the qualifications be for this.

Robert R Weed
Robert R Weed answered on Dec 20, 2017

You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge....
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2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Virginia on
Q: Put down deposit on new car and opened a loan for the remaining balance. Loan doesn't exist according to bank (VA).

We purchased a used 2017 SUV for just under $18,000. We put a $4,000 deposit down and financed the roughly $14,000 remainder. We were pre-approved through Capital One's auto loan program. The dealership ran our pre-approval and finalized our loan. Our first payment is supposed to be due the... Read more »

Robert R Weed
Robert R Weed answered on Dec 20, 2017

To answer that question better I'd need to see what papers you signed at the dealership. This could be a screw up and it could be a scam to try to cheat you out of your $4000 down payment.

You need to talk to a lawyer who specializes in car loan and car dealer law. One place to look...
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1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My mom was served for 12000 credit card debt to BOA, papers sent to bro's house, we do not live there. How to proceed?

The court date is a couple weeks away, just found out. I am POA and full-time caregiver for mom (she has dementia), we live in her house, she gets SS and small pension, no assets other than house. Could offer 3k lump sum to settle, but is that the right move? Do I even need to worry about her... Read more »

Robert R Weed
Robert R Weed answered on Dec 7, 2017

Well, they can attach a lien to the house. This is important enough to talk to a Consumer lawyer. National Association of Consumer Advocates is one place to look.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Am I liable to pay back accounting error?

I purchased a car for a reputable car dealership. When purchasing my car, they agreed to pay of my existing car loan in the amount of $2480. That was the amount I signed and agreed to on all of my paperwork. I got a letter in the mail today saying that they sent the bank a check for $2840 in error... Read more »

Robert R Weed
Robert R Weed answered on Dec 4, 2017

There should be a refund of $360 form the bank, since they were over paid. If and when that $360 comes back to you, I think you'd owe it to the dealership.

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you are on the deed with another party, and small equity line is in a Mother who has passed away,

Can you bankrupt to stop the foreclosure

Robert R Weed
Robert R Weed answered on Dec 4, 2017

Yes, filing bankruptcy will stop the foreclosure. What kind of bankruptcy you should file and how long it will stop the foreclosure is a much more complicated question.

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Q: A home is going to auction at the courthouse steps and it has two mortgages after it sold, is the buyer going to be

Held responsible to pay off the second mortgage

Robert R Weed
Robert R Weed answered on Nov 30, 2017

In Virginia, no, the (former) homeowner is responsible. Assuming its being auctioned by the first mortgage holder.

2 Answers | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: My car was repossessed. My finance company will not allow me to pay the prior amount due to reinstate. How do I resolve?
Robert R Weed
Robert R Weed answered on Nov 27, 2017

They have the right to hold out for the whole amount, like apparently they are doing.

Your only remedy for that specific car is to very quickly file a Chapter 13 bankrutpcy and that would get the car back and get you three years, or five, to pay the car off. Since that's not a very...
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1 Answer | Asked in Business Law, Consumer Law and Small Claims for Virginia on
Q: I am dealing with a company that I believe is/was false advertising. If I explain more could anyone help?

The company had lots of Black Friday incentives to earn prizes or codes that the company advertised as being able to be used on the promotions that would be offered during Black Friday. I have a screenshot of me winning the game that was titled The Black Friday Dragon Slayer and a printed coupon... Read more »

Robert R Weed
Robert R Weed answered on Nov 26, 2017

The Virginia Consumer Protection law is a false advertising law. It gives you the right to triple your money back PLUS legal fees. You can read more about that law, here. https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act/.

One place to look for lawyers who...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: Can you include joint bills in bankruptcy without other person's signature?

My ex fiance and I (never married) have several accounts together and he is now threatening to file bankruptcy. My main concern is that we are joint on a loan for my vehicle.

Robert R Weed
Robert R Weed answered on Nov 25, 2017

For sure you'll need to make sure to keep paying on the car. Although they probably shouldn't, there's a good chance they might stop billing you, but if you want to keep it, you need to keep paying.

There's a small chance his BK will leak over onto your credit report on...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: trying to do exemptions for chapter 7, where do I list electronics under - household furnishings?
Robert R Weed
Robert R Weed answered on Nov 22, 2017

Some Judges in Virginia have said that anything for the ornament of the house or convenience of the debtor is a household furnishing.

2 Answers | Asked in Banking, Business Law, Consumer Law and International Law for Virginia on
Q: Is a "bank guarantee" necessary to sell a bar of gold in Ghana?

A lady wants to sell a bar of gold in country of Ghana.She is informed she needs a "bank guarantee" to sell them.She says she has to pay $4000 dollars to gain access to buyers of the gold. Is this valid or not?

Robert R Weed
Robert R Weed answered on Nov 20, 2017

I can promise you this is a scam.

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1 Answer | Asked in Bankruptcy and Child Support for Virginia on
Q: Can I file for an increase of child support even now that my ex husband has filed for chapter 13 bankruptcy?

We divorced 6 years ago. He has made two ranks in the navy since and his pay grade has increased. My income has stayed the same. He has filed for bankruptcy with his current wife. He has been paying less than what the courts said he had to pay. The mediator said it was supposed to be $700 a month... Read more »

Robert R Weed
Robert R Weed answered on Nov 15, 2017

Yes, bankrutpcy does NOT touch child support. The bankruptcy does not change your right to ask for more for the child based on changed circumstances. t

1 Answer | Asked in Bankruptcy and Child Support for Virginia on
Q: I am losing my home and filing ch 7 bankruptcy. My ex spouse owes me $27k in child support and alimony. Will I lose it?

He has been unemployed and is now planning to pay his monthly plus some additional for arrears. If he’d payed it before I would have used it to pay my mom money back she has used to help me, paid for dental needs, or made student loan payments and/or kept my home! What is likely to happen? Best... Read more »

Robert R Weed
Robert R Weed answered on Oct 15, 2017

In Virginia, the bankruptcy trustee CANNOT grab your back child support or back alimony. It still belongs to you.

1 Answer | Asked in Bankruptcy for Virginia on
Q: Hello my name is Jeff. My mother passed away this year.I was her care provider living in her home for the last 10 years

No will.went court house filed paper work.properties in my name. Mom has a mortgage that is behind .I am desperatly looking for work. Can bankruptcy stop the creditor from putting me out of my home in V.A.?-

Robert R Weed
Robert R Weed answered on Sep 15, 2017

You can file Chapter 13 which will give you five years to catch up the house. Obviously that only works if you have income. (And you are only eligible if you have regular income, too, but hope you will soon enough.)

Chapter 7 could stop the foreclosure for a few months, maybe long enough...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: Hi, I plan to file Chapter 7. My GF sublease and payments go into my bank account. Do I have to release that info?

My girlfriend sublease an apt in NJ. When rent is rcvd, it goes into my bank account. Do I have to release that info as income to me? Does creditors look into all income going into your bank account?

Robert R Weed
Robert R Weed answered on Sep 15, 2017

You definitely need to account for that activity. Go over with your lawyer the best way to do that so it doesn't affect your eligiblity. I'd think you have an expense that offsets that income.

Usually only your most recent bank statement is looked at, but you can be ordered, or...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: I received a Warrant In Debt (Virginia). I was planning to file Ch7 prior. Can I file Chap 7 and disregard this Warrant

Credit Card debt below 5k. Warrant In Debt court date next month. Can I file Chapter 7 and not go to court/disregard the warrant or is it a must I go to court? Please help.

Robert R Weed
Robert R Weed answered on Sep 6, 2017

Yes, assuming you file Chapter 7 bankruptcy. That would block that warrant-in-debt court date.

1 Answer | Asked in Bankruptcy for Virginia on
Q: If I have large student debt ($160K) do I still have to do means test? I know loans won't be discharged.

I know I can't discharge them, but if I have a large amount of student debt as noted, do I still have to do the means test in Virginia?

Robert R Weed
Robert R Weed answered on Aug 17, 2017

It's unfair but having a student loan does not, at least in this court, help you pass the means test. Some judges look at it as a special circumstance but not here.

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Q: Can a collection agency sell your account after it has served a warrant in debt on you?

My friend was served a warrant in debt about a month ago. He has sense received another letter from a different collection agency for the same account. But the amount is less than the original one.

Robert R Weed
Robert R Weed answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.

1 Answer | Asked in Bankruptcy for Virginia on
Q: If i do a ch.13 in Virginia and later can't make the payments can i go to jail or what happens?ty
Robert R Weed
Robert R Weed answered on Jul 23, 2017

You just get thrown out of Chapter 13. that leaves you wherever you were before the Chapter 13.

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