Questions Answered by L. Ilaine Upton

Q: I have a student loan in va it's not federal but not private . Is there a statute of limitation?

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Jan 25, 2019
L. Ilaine Upton's answer
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.

Q: do I need a bankruptcy lawyer

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Oct 27, 2018
L. Ilaine Upton's answer
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 practice bankruptcy law.

Q: I receive monthly child support payments. Will I still get them if I file for bankruptcy?

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Sep 17, 2018
L. Ilaine Upton's answer
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.

Q: Will I still have to pay spousal and child support if I file for bankruptcy?

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Aug 24, 2018
L. Ilaine Upton's answer
Absolutely. Spousal and child support CANNOT be discharged in bankruptcy. Period.

Q: In a warrant and debt can plaintiff take your home if they win judgement

2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Answered on Aug 20, 2018
L. Ilaine Upton's answer
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.

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?

2 Answers | Asked in Civil Litigation for Virginia on
Answered on Jul 17, 2018
L. Ilaine Upton's answer
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.

Q: Can a hoispital collect a bill they say I owe from 19 years ago

2 Answers | Asked in Collections for Virginia on
Answered on Jul 10, 2018
L. Ilaine Upton's answer
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 another ten years. The limit to collect a judgment from circuit court is twenty years, but it also can be renewed.

If they are trying to collect a debt, they have to prove that you owe it. If...

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"?

1 Answer | Asked in Collections for Virginia on
Answered on Jul 9, 2018
L. Ilaine Upton's answer
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 resolved informally, this is something that the court will prefer.

Q: My car was repossed

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Answered on Jul 6, 2018
L. Ilaine Upton's answer
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 13, get the car back, and pay the money you owe over time. You need an experienced Chapter 13 lawyer for this. Good luck.

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

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Jun 28, 2018
L. Ilaine Upton's answer
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.

Q: A pymt of an agreed amt is now being refused in full. Does accepting ck, tho demanding Bal, cancel amt still owed?

2 Answers | Asked in Civil Litigation for Virginia on
Answered on Jun 28, 2018
L. Ilaine Upton's answer
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.

Q: In civil cases, does the judge or jury know most of the information that came out during discovery about each side?

2 Answers | Asked in Civil Litigation for Virginia on
Answered on Jun 18, 2018
L. Ilaine Upton's answer
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 in during the trial.

Q: I spaced out on adding one of my creditors to my bankruptcy filing. Can I file an amendment?

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Jun 18, 2018
L. Ilaine Upton's answer
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 amended schedule, and a copy of the notice of meeting of creditors. Mail it to the address for sending notices, not the address for payments, if those are different.

Q: Can I go bankrupt if I am married

3 Answers | Asked in Bankruptcy for Virginia on
Answered on May 28, 2018
L. Ilaine Upton's answer
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.

Q: I had filed bk chapter 7 in 2015. I was under impression I had reaffirmed my home mortgage and have continued to pay.

2 Answers | Asked in Bankruptcy for Virginia on
Answered on May 27, 2018
L. Ilaine Upton's answer
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 better, in the Eastern District of Virginia, judges won't let you reaffirm your mortgage. Yes, you can walk away from this obligation without any recourse. I do not believe this would affect your...

Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

2 Answers | Asked in Collections and Contracts for Virginia on
Answered on May 24, 2018
L. Ilaine Upton's answer
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 handle this on a contingency basis if the corporation has deep pockets.

Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.

2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Answered on May 21, 2018
L. Ilaine Upton's answer
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 answer the warrant in detinue with a copy of your duscharge and a copy of the letter, but, I'd show up, just in case. If things go haywire you should talk to a lawyer about them violating the discharge.

Q: Husband moved joint owned both pay mtg do I have to reimburse his half he didnt live in it

3 Answers | Asked in Civil Litigation, Divorce and Real Estate Law for Virginia on
Answered on May 17, 2018
L. Ilaine Upton's answer
This issue should be addressed in either your separation agreement or your final decree of divorce.

Q: What is the VA statute of limitations on the collection of medical debts?

1 Answer | Asked in Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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

Q: Should I file a warrant in debt?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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 depends entirely on what the debt is. If it's plain old breach of contract, no fraud, yes, it will be discharged.

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