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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 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
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
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
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
I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing
answered on Jan 16, 2023
Without being able to read the contract, which we cannot do in this forum, nobody can give you an answer except that you should take the document to a local attorney to determine its enforceability. The likelihood is small that a mistake like that would render the contract unenforceable.
I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... View More
answered on Dec 9, 2022
Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... View More
My landlord is suing me for damages. I received my bill of particulars but only estimates no receipts can the judge rule in the plaintiff's favor without any proof that is what she paid?
answered on Sep 29, 2022
You have to defend the lawsuit. If you allow a default to be entered, you're done.
He left me his property and I have a will county transfered it to a lawyer and is threatening to sale property
I owned an LLC that sold flooring for a company from 2011 thru 2014. I told the owner I was starting another LLC and would not be working for them full time, but I would still help them. The owner was very rude and threatened to sue me for jobs they installed for me. I could not afford a lawsuit so... View More
answered on Sep 11, 2022
Well, did you get a letter or were you served a complaint? There's a big difference; if it's just a letter then you haven't been sued. In anybevent, hire a lawyer. Defending a lawsuit isn't as easy as saying "I don't owe him any money".
In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.
In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... View More
answered on Jun 28, 2022
You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... View More
No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?
answered on Jun 13, 2022
It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... View More
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