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Questions Answered by L. Ilaine Upton
1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: I have a student loan in va it's not federal but not private . Is there a statute of limitation?

Promissory note says 2011. Attorney general has it now and is taking my tax refund. Just filed a chapter 7

L. Ilaine  Upton
L. Ilaine Upton answered on Jan 25, 2019

The loan has to be either federal or private. There is no other option. Ask for a copy of the promisssory note, if you don’t have it anymore. And a payment history. That’s your first step to figuring this out.

3 Answers | Asked in Bankruptcy for Virginia on
Q: do I need a bankruptcy lawyer
L. Ilaine  Upton
L. Ilaine Upton answered on Oct 27, 2018

Probably a good idea. You don’t know what you don’t know. We do. We can make sure it’s the right time to file. We can help protect your assets. We can advise you against making common errors and help you fix them before you file. I think what I do is important, and necessary. That’s why I... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I receive monthly child support payments. Will I still get them if I file for bankruptcy?
L. Ilaine  Upton
L. Ilaine Upton answered on Sep 17, 2018

Yes, your right to child support payments is not affected by bankruptcy. Also, in Virginia, the bankruptcy trustee cannot take your child support payments away from you, which is not true in every state.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: Will I still have to pay spousal and child support if I file for bankruptcy?
L. Ilaine  Upton
L. Ilaine Upton answered on Aug 24, 2018

Absolutely. Spousal and child support CANNOT be discharged in bankruptcy. Period.

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2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Q: In a warrant and debt can plaintiff take your home if they win judgement
L. Ilaine  Upton
L. Ilaine Upton answered on Aug 20, 2018

They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.

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2 Answers | Asked in Civil Litigation for Virginia on
Q: I’ve been in a joint lease for about 4 months, is there any legal action I can take to get my name off?

after I moved back home my roommate & her boyfriend decided to stay & my name is still on the lease.. I haven’t been there for a month now & she refuses to add her boyfriend and release me from the lease & is still looking for me to help pay rent.

L. Ilaine  Upton
L. Ilaine Upton answered on Jul 17, 2018

No, not really, not if you and she can't agree to this. You could ask the landlord, but don't expect anything out of this. You're the one who moved out. If her boyfriend is helping with the rent and you're not on the hook, thank your lucky stars.

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2 Answers | Asked in Collections for Virginia on
Q: Can a hoispital collect a bill they say I owe from 19 years ago

I was on their assisatance in 1999 a single Mom but they said I have to have the paper to prove it I have no paper it’s been too long Do I have to pay this

L. Ilaine  Upton
L. Ilaine Upton answered on Jul 10, 2018

In Virginia, the statute of limitations to collect a medical debt is either five years or three years, depending on the facts, but I wonder whether the hospital got a judgment against you? If so, the limit to collect a judgment from general district court is ten years, but it can be renewed for... Read more »

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1 Answer | Asked in Collections for Virginia on
Q: I filed WID; she's been served & is now demanding info; ret. date in Aug; do I have to respond or "see you in court"?

Numerous communications went ignored before I filed the Warrant.

L. Ilaine  Upton
L. Ilaine Upton answered on Jul 9, 2018

I am assuming she requested a Bill of Particulars. If that is the situation, yes, you do need to respond according to the rules of court. If the requests are informal, please consider whether your failure to cooperate will be seen by the court as prolonging the dispute. If the dispute can be... Read more »

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: My car was repossed

I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.

L. Ilaine  Upton
L. Ilaine Upton answered on Jul 6, 2018

The lende does not have to give you notice before repossessing your car, just before they auction it. If the car hasn’t been auctioned yet, ask the lender how much money they need to give you back your car. Expect to pay repo fees. If you can’t come up with the money now, you can file Chapter... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I live in Fairfax, VA, and want to file for bankruptcy. If I pay my mortgage, can I hang on to my residence?

My main goal is to not lose my house. I want to discharge my other debts (credit cards and such) but hold on to the house I live in. Is that possible? How do I do that?

L. Ilaine  Upton
L. Ilaine Upton answered on Jun 28, 2018

The surest way to keep your house in bankruptcy is file Chapter 13, but you might be able to keep your house in a Chapter 7. This is a situation where you need a very experienced bankruptcy lawyer, one with experience in keeping houses.

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2 Answers | Asked in Civil Litigation for Virginia on
Q: A pymt of an agreed amt is now being refused in full. Does accepting ck, tho demanding Bal, cancel amt still owed?
L. Ilaine  Upton
L. Ilaine Upton answered on Jun 28, 2018

Do you have a written settlement agreement? If so, what does it say? If not, do you have something in writing to prove it, like a series of emails? That would be what controls in this situation.

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2 Answers | Asked in Civil Litigation for Virginia on
Q: In civil cases, does the judge or jury know most of the information that came out during discovery about each side?
L. Ilaine  Upton
L. Ilaine Upton answered on Jun 18, 2018

No, during the trial the judge and jury only know what the witnesses testified to in court and what is contained in the exhibits which were admitted into evidence. The judge may also know information that was contained in pretrial motions, but not the jury. The jury only knows what evidence came... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I spaced out on adding one of my creditors to my bankruptcy filing. Can I file an amendment?
L. Ilaine  Upton
L. Ilaine Upton answered on Jun 18, 2018

Yes, if the case hasn't been discharged yet. You will need to pay the bankruptcy $31 to add the creditor, and follow the court rules to notify the creditor of the addition. The court requires to file the amended schedule and an amendment cover sheet. You need to send the creditor a copy of the... Read more »

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3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I go bankrupt if I am married

I don't have joint anything

L. Ilaine  Upton
L. Ilaine Upton answered on May 28, 2018

Yes, with no joint debts, you can file for bankruptcy without your spouse. It should have no effect on your spouse financially. However, both of you should check your credit reports regularly to make sure they are accurate and dispute inaccurate statements.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I had filed bk chapter 7 in 2015. I was under impression I had reaffirmed my home mortgage and have continued to pay.

I recently discovered I had not reaffirmed the mortgage. I began reviewing my credit info and discovered this and that the mortgage company has closed the account with a balance owed as 0. No payments have been reported since the bk. At this point if I walked away from the house would this effect... Read more »

L. Ilaine  Upton
L. Ilaine Upton answered on May 27, 2018

It is a very sad fact of life that once your personal obligation for your mortgage is discharged in a Chapter 7, the lender will not report your payments, even though they are on time. I have struggled with this for many years as a bankruptcy lawyer, and have no solution. If it makes you feel any... Read more »

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2 Answers | Asked in Collections and Contracts for Virginia on
Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

I did piece-work as a contractor for a Virginia corporation from 2015 to 2016 for which I was not paid. The total amount due is over $16,000. No written contract, but the work was well documented and the rate they pay was the same before and after the work I did. I sent them an invoice in... Read more »

L. Ilaine  Upton
L. Ilaine Upton answered on May 24, 2018

The statute of limitations for an oral contract in Virginia is three years. For breach of contract, you can sue via a Warrant in Debt, but for a corporation, it is a bit tricky. You should talk to a lawyer to get this right, even if you decide to go it alone. You may be able to find someone to... Read more »

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2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.

I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I... Read more »

L. Ilaine  Upton
L. Ilaine Upton answered on May 21, 2018

If they win on the Warrant in Detinue, they can have the sheriff come to your abode to pick up the items. Seems like not much will happen since they have an old address and you don't have the stuff anymore, but who knows? When they said they didn't want the stuff, did they put in writing? I'd... Read more »

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3 Answers | Asked in Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: Husband moved joint owned both pay mtg do I have to reimburse his half he didnt live in it

He chose to move getting divorce and will split equity he wants what he pd back since didn't live here

L. Ilaine  Upton
L. Ilaine Upton answered on May 17, 2018

This issue should be addressed in either your separation agreement or your final decree of divorce.

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1 Answer | Asked in Collections for Virginia on
Q: What is the VA statute of limitations on the collection of medical debts?

I have medical debts totaling $1,500 sitting on my credit report for over 5 years. I have contacted the collection bureaus listed, but they no longer have my account. What is the VA statute of limitations on the collection of medical debts? Thank you.

L. Ilaine  Upton
L. Ilaine Upton answered on May 16, 2018

The statute of limitations for medical debt is 5 years. A derogatory remark can stay on your credit report for 7 years. You can dispute the debt with the three credit reporting agencies directly. Start with annualcreditreport.com

https://www.annualcreditreport.com/index.action

1 Answer | Asked in Bankruptcy for Virginia on
Q: Should I file a warrant in debt?

I was going to file a warrant in debt today, but the person told me they are filing bankruptcy. Is it worth my time to file the warrant? Will the warrant be discharged in bankruptcy?

L. Ilaine  Upton
L. Ilaine Upton answered on May 16, 2018

Whether it's worth your time and money to get a judgment against someone who says they are going to file bankruptcy is basically a question of whether you believe the person or not. If your debt is the only major debt, they might be willing to settle with you. Whether the debt is discharged... Read more »

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