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Virginia Collections Questions & Answers
1 Answer | Asked in Car Accidents and Collections for Virginia on
Q: 10 yr collection from a car accident (I was 16yo). Pay $17,000+ in order to get my license reinstated. Can I fight this?

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

Barry W. Kaufman
Barry W. Kaufman
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

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: salemans modified cancelled contract, forged name, then file with collections agency..what options to stop collections

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

Maria T Patente
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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

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Can a debt collection agency imply that I obtained a payday loan from several years ago with FRAUD

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

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Virginia on
Q: Is there a statute of limitations on credit card debt?

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

James H. Wilson Jr.
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James H. Wilson Jr.
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

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1 Answer | Asked in Consumer Law, Contracts and Collections for Virginia on
Q: My question is about who's responsible for a debt related to the sale/purchase of a house in Virginia.

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

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Products Liability, Collections, Insurance Bad Faith and Insurance Defense for Virginia on
Q: What should I do, enterprise wants me to pay them 14000 for damages to a vehicle I wrecked in Mexico a year ago.

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

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

Among other issues, what may be relevant is why your insurance company denied the claim.

1 Answer | Asked in Contracts and Collections for Virginia on
Q: How enforceable is a contract that was signed in Alabama but in confusing agreement, states it is signed in VA

I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Real Estate Law and Collections for Virginia on
Q: Can I be sued for damages without any receipts that the plaintiff paid that money.

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?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

You have to defend the lawsuit. If you allow a default to be entered, you're done.

1 Answer | Asked in Collections for Virginia on
Q: My father passed away he owes land tax now the county gonna take to court what do I do?

He left me his property and I have a will county transfered it to a lawyer and is threatening to sale property

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 18, 2022

Probably pay the land tax.

1 Answer | Asked in Contracts and Collections for Virginia on
Q: I am being sued for money a company said I owed from 2014. I received letter from their lawyer. What should I do?

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

Barry W. Kaufman
Barry W. Kaufman
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".

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

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

Steven Krieger
Steven Krieger
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

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Virginia on
Q: Can the other women sue for $10k she gave my husband during their affair?

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 ?

Steven Krieger
Steven Krieger
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

1 Answer | Asked in Personal Injury, Collections and Health Care Law for Virginia on
Q: Should I take the lower settlement?

I was awarded for a car accident but I appealed because it was lower than what I'd asked. I have no attorney and no help to represent Myself. I am wondering if I can still take the judges award? Can I contact the defendants attorney and ask to settle? And if I do that does My health insurance... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. It is somewhat difficult to address your questions without knowing more about the case - the forum, the terms of the award, the terms of your attorney retainer, whether your attorney asserted a lien, terms of... View More

1 Answer | Asked in Real Estate Law, Collections and Probate for Virginia on
Q: When a resident of Chesterfield , VA dies, never married or had any children, are medical bills automatically wiped off?

The decedent passed away in 2021 and we were told that the medical bills had to be paid off regardless of the passing away.

Richard Sternberg
Richard Sternberg
answered on Mar 15, 2022

Yes, the bills have to be paid ... but not by you. The creditors may file a probate estate for the decedent and/or file a claim in an existing estate, and they may get paid from the estate assets. Far more rarely, if the medical treatment was "necessary," which medical treatment is... View More

1 Answer | Asked in Collections and Elder Law for Virginia on
Q: My father was a victim of fraud I am now his POA. I need to obtain legal assistance to sort through corrective action.

My father was involved in a Publishers Clearing House scam. Police reports were filed and now receiving numerous letters from attorneys to pay back credit card debt. Need significant assistance to navigate.

Steven Krieger
Steven Krieger
answered on Nov 26, 2021

Many credit card companies have some type of fraud department that investigates these claims, but if not, I'm sure you could hire a lawyer to respond to the attorneys who are reaching out. I'm sure anyone who responds would be happy to help and will need to see the letters you've... View More

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: Can I be sued for a debt that is over 13 years old? I have no record of the account, nor does the original issuer.

I have received no letter despite being informed they sent one. They called from four different numbers, but left the same message at my number, my wife’s, my mother in law, and my mother in the same day within minutes.

We did return the call but insisted we did not know of the debt. My... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 17, 2021

In Virginia, the Statute of Limitations for a written contract/agreement is 5 years. The Statute of Limitations for an unwritten/oral agreement is 3 years. The defense of a Statute of Limitations is an affirmative defense that must be asserted in opposition to the claim of the other party.

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: Can you refile in small claims court if you missed your court date?

I filed a case in small claims court and had an emergency the day of court. I called the court later that day and asked if I could refile. I was told yes because it was dismissed without prejudice. I refiled and went to court and the judge told me that he would not hear the case because I did... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 22, 2021

You can ask for reconsideration by another judge or file an appeal.

1 Answer | Asked in Appeals / Appellate Law and Collections for Virginia on
Q: I was summoned to appear in court in 2018 but I never received any notice of the case. The judgement was defaulted.

I may have been deployed at the time but they gave no details in the paperwork I received on what the sum was for.

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2021

A Virginia attorney could advise best, but your question remains open for a month. It sounds like you might mean the other side got a default judgment against you based on non-appearance. You could consider reaching out to a Virginia attorney to review the file to determine if any options are... View More

1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: Can Advance Financial take legal action against me, garnishment, etc?

I took an online loan from Advance Financial 24/7 10/2019 for $1250. From October to March 2020 I paid them about $325 a month. In March I enrolled with Encompass Recovery Group, a debt settlement group for payday loans. They settled (late August, early September) with Advance Financial for... View More

Timothy Denison
Timothy Denison
answered on Oct 2, 2020

Yes. They can sue you for anything short of your full agreement.

1 Answer | Asked in Collections for Virginia on
Q: If my bank sells my credit card account debt, which has been closed to a collection agency in Michigan,

can they legally contact a law firm in my state Virginia and bring a lawsuit against me for payment?

Steven Krieger
Steven Krieger
answered on Sep 9, 2020

If you're residing in VA, then a lawsuit could be filed against you in Virginia. The logic is that it's more convenient for defendants to defend any claim in the location where they are residing than if the creditor would have filed suit against you where the debt originated (and make you... View More

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