Get free answers to your Collections legal questions from lawyers in your area.
As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without... View More 
answered on Sep 24, 2024
None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the... View More
I like to know if there is a way to collect from the small business owner.
answered on Sep 8, 2024
Yes, you can collect, but you first have to confess the judgment to the clerk if you haven't already done that. Then, you can start the involuntary collection efforts like garnishing wages or bank accounts or levying personal property. I'm sure anyone who responds would be happy to help... View More
It was a Medical Malpractice case. They did not respond in time.
answered on Aug 30, 2024
If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.
Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a... View More
It was a Medical Malpractice case. They did not respond in time.
answered on Aug 9, 2024
Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More
The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More
answered on Jun 23, 2024
Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.
Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes... View More
My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More
answered on May 2, 2024
You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More
I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.
Can I complain to the Virginia Bar? Or is a civil... View More
answered on Apr 10, 2024
Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More
I was involved in a minor accident at 16 with permit. No injuries or emt required on site. Afterwards, get a letter stating license suspended until payment of $14,000 to GEICO. 10 years have passed and total is now $17,000+. I feel this is unacceptable to ask being that I was a minor and a... View More
answered on Jan 11, 2024
The law is that if you cause an accident, you have to pay or face license suspension. The fact that you were a minor, or that you have kids, or you were a student has no bearing on anything. You didn't get a letter - you received a copy of a judgment. The judgment is now 10 years old, and now... View More
In Virginia, I currently have multiple wage garnishments due to debts. The first garnishment began and is expected to be completed by the first week of June. There is a hearing scheduled for September this year concerning this garnishment. I would like to know if the next garnishment can begin... View More
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answered on May 15, 2025
In Virginia, wage garnishments can generally overlap if there is more than one garnishment order in place. The timing of the second garnishment is not automatically tied to the completion of the first. If the first garnishment is expected to end in early June, the second garnishment could start... View More
I am the debtor in a garnishment case in Portsmouth, Virginia. I received a letter from the attorney for the judgment creditor, Wells Fargo, stating that the creditor desires the garnishment against me to be dismissed. This letter is the only communication I've received regarding the release... View More
answered on May 1, 2025
A dismissal of the garnishment has no effect on whether you remain liable on the judgment.
I received a collection agency notice from an attorney regarding missed dues payments for my HOA in Suffolk, VA. The original amount of $242.76 increased to $775.71, and the HOA refused to accept the original payment, directing me to deal with the collection attorney instead. They claim our account... View More
answered on Apr 17, 2025
The legal fees to resolve the dispute will exceed the value of the disputed amount. Then, you might lose.
I recently became aware of a credit card debt judgment from September 29, 2019, when my bank account was garnished on January 14, 2025. I spoke to a collection representative today for the first time, and there is a court hearing scheduled for tomorrow. What is the statute of limitations on... View More
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answered on Apr 13, 2025
In Virginia, the statute of limitations for collecting a credit card debt judgment is generally 20 years. This means that the creditor or collection agency has 20 years from the date of the judgment to collect the debt, either through garnishment or other collection methods. Since the judgment was... View More
I recently learned of a garnishment on a judgment entered against me in October 2016, which I was unaware of because the notice was sent to an old address. I have a lease from July 2016 showing a different address at that time. My employer was the first to notify me, and I have no details on the... View More
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answered on Apr 13, 2025
If you didn’t receive proper notice of the judgment, you may be able to challenge it by filing a motion in the court that issued the judgment. In your motion, you’ll want to explain that you never received notice because the summons or court documents were sent to an address where you no longer... View More
In Arlington, Virginia, I need to fill out a Garnishment Form to send to a bank. This is my first time dealing with a garnishment case, and I have the defendant's name and disposition paper ready. How much should I realistically expect an attorney to charge me to complete this form, preferably... View More
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answered on Mar 24, 2025
For garnishment cases in Virginia, you'll need to consider several factors that affect the total cost:
Attorneys in Virginia typically charge between $203-$464 per hour depending on their practice area and experience level with criminal attorneys at the lower end ($203/hour) and tax... View More
I have a judgment against me due to a personal guarantee on a business loan. My business closed in 2020. I never received notice of the court case, and didn't attend it. Recently, the sheriff appeared at the house I live in, stating he will seize items for auction. I am married, and my wife... View More
answered on Mar 19, 2025
Your problem is very complex - much too complicated for an internet answer board which is designed to give you a quick response or help you to the 'next step'. Your issue is way beyond that. Find and consult a lawyer experienced in this area of the law to get more information about your... View More
A lien was placed on my bank account for personal pretty taxes, to which the communication was sent to an address I am not associated with at all so I had no knowledge of the lien being placed against me.
The car also hasn’t been registered in VA since 2022 and was unregistered for two... View More
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answered on Oct 7, 2024
To dispute the personal property taxes, you need to gather all relevant documentation that shows the vehicle was not registered during the period in question. This could include proof of non-registration, your current residence outside Virginia, and any relevant records showing the car was not in... View More
My wife and I bought our house in June 2022, and provided a check for the remaining propane ($750) which should have been given to the sellers. The seller's attorney misplaced the check and is now saying, almost 18 months later, that it's our responsibility to remedy the situation by... View More
answered on Nov 21, 2023
The question is whether the check cleared your bank. If it did not, you never paid the debt. If it didn't clear, you still owe the money.
Got into an accident in my truck.
Insurance paid for a rental car.
I went to Mexico in the enterprise rental car.
Got into an accident.
Enterprise had the vehicle transported to El Paso, Texas.
Enterprise tried to bill my insurance company, they denied the... View More
answered on Jul 25, 2023
Among other issues, what may be relevant is why your insurance company denied the claim.
A salesman came to my son's home Nov 29th, demonstrated vacuum cleaner. Purchased, signed contract...had 3 days to cancel contract. Dec 1st he cancelled contract, salesman came picked up vacuum and took all paperwork including his copy of the contract stating he didn't need it anymore.... View More
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answered on Mar 20, 2023
Yes, your son could pursue a private right of action under the Virginia Consumer Protection Act. In these cases, any intentional or willful actions that violate the act enable the Plaintiff to recover treble (triple) the damages and attorney fees. The Virginia Consumer Protection Act creates a... View More
I never received the 1st notice, I only received the 2nd notice, and the notice says that the debt was incurred several years ago, and that because my check came back as NSF, that i INTENDED TO DEFRAUD, the payday loan company. Add on i sent them a DEBT VALIDATION LETTER on the 21st of February,... View More
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answered on Mar 2, 2023
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from using false, deceptive, or misleading statements in an attempt to collect a debt. Implying that you obtained a payday loan with fraud, without evidence to support that claim, could be considered a violation of... View More
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