Gloucester, VA asked in Bankruptcy for Virginia

Q: Someone has been renting our home and stopped paying rent. They owe us $3000. Can this be forgiven through bankruptcy?

They have moved out, but tell us they cannot pay the rent. However, when they wanted to stay in the house, they asked "If I can get you the money today, can we stay?" This makes me think they are able to pay us but just do not want to.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: It can be discharged, although depending on when they file and what evidence you can muster, you may be able to prove they defrauded you, which makes in nondiscgargeable. Absent other facts, I believe the court will discharge it.

L. Ilaine Upton agrees with this answer

L. Ilaine  Upton
L. Ilaine Upton
Answered
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: It won't cost very much to file a Warrant in Debt in Virginia, since the debt is less than $5000, and neither of you can have a lawyer there. Make sure you read the instructions for the form carefully, and follow the rules exactly. You need to have the name and the current address. You need to pay the filing fee, and pay the sheriff to serve them. You should also mail a copy to the address. Go for it! Good luck!

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