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Virginia Collections Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: In VA does a creditor simply fill out a form to extend a judgement or must it go to court? Will the debtor be notified?

Will I be notified and given a chance to go to court for the renewal (extension) or just notified afterward (or not)?

Will the coronavirus and court closures affect the statute of limitations? I'm almost certain it expired at the end of April.

If so, details will be appreciated.

F. Paul Maloof
F. Paul Maloof answered on May 30, 2020

If the judgment was recorded in a circuit court in Virginia, as the 20 year period for the first period of the judgment approaches, you must file with the same circuit court a Motion to Renew the Judgment. If the Motion is granted, it will extend the judgment for anther 10 years. The debtor's... Read more »

2 Answers | Asked in Landlord - Tenant, Collections and Small Claims for Virginia on
Q: Warrant in Debt for a tenant; judgement 9/2/15 Wants to settle. Do we go to Clerk of Court or how do I proceed?

Contacted me yesterday. I want to make sure I do everything right!

Do we go to Clerk of Court to exchange money, does she bring $ to me then I contact courts its settled?

5 years have passed so its over $20k with the 6% interest. Can bankruptcy be filed to get out of it? But... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 26, 2020

At anytime in the process, the parties to the dispute can settle the dispute/judgment by one paying the other an amount of money that is agreed upon. A simple written and signed settlement agreement should be made part of the settlement to memorialized the agreement. After the funds have cleared... Read more »

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Virginia on
Q: Do credit card companies typically renew judgements after 10 years in VA? I'm 3 years away from the 10 year mark.

I want to know my best move. I'm looking to buy property in 3-4 years and am concerned about the judgements against me. They are 7 years old for 6k and 4k at time of judgement. Do they automatically renew? What is the process for renewal and how would I know if it was renewed? They... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 25, 2020

Generally credit card companies and their attorneys will renew judgments just before the 10 year period arrives. It is not automatic and counsel must file pleading with the court.

1 Answer | Asked in Collections for Virginia on
Q: Can a company back bill me 3 yrs later?

I rented a mobile storage unit. I was to be on auto billing monthly. I was auto billed for the first 9 months after that the inadequate employee stopped doing his job and did not bill me monthly for auto billing. 3 yrs later they pick up the unit. Six months after pickup they send a bill for... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 2, 2020

Generally yes, they can still collect because you have not fulfilled your requirements under the contract. However, there are two areas of law you should look at in Virginia: 1) what is the statute of limitations on breach of contract and debt collection, and 2) did they waive their right to... Read more »

1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: I need help filling out a garnishment summons & suggestion for summons in garnishment.

My housemate didn't pay her half of rent & utilities for 3 months, so I had to pay both my share and hers to the landlord. I got judgment for over $2500 from the court. But she finally moved out, and I don't know where she went. I know where she works, though. Can I use her work... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 18, 2019

I handle the filing of Garnishment Summons for wage attachments and for bank account attachments. I charge by the hour. If you want to retain my services, please give me a call so I can send you an Engagement Agreement for your signature before I begin the work. Thank you.

1 Answer | Asked in Collections for Virginia on
Q: What does it mean to have an account charged off? If this happens on an account does it mean you continue to pay?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

When a creditor charges an account off, it does not mean the debt goes away. A creditor will typically turn it over to a collections agency and they will begin pursuing payments from you. The important thing to remember is just because an account is charged off does not mean the debt goes away.... Read more »

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Going back to April 2009 a judgement was put against me for a credit card in General District Court. Had some problems.

Received a garnishment summons today through my employer for a court date in October 2019 in Circuit Court. What are my rights in regards to Statatue of Limitations in the State of Virginia? Do I just show up for the court date and explain to the Judge this is time barred and the case should be... Read more »

Robert R Weed
Robert R Weed answered on Jul 9, 2019

It's not time barred. Once they have a judgment against you they can garnish for ten years; AND they can extend it for another ten.

If you have a judgment you need to either pay, or file bankruptcy. Only very rarely do they just go away.

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Can a vendor keep my deposit?

I paid a singer for an event a deposit, the amount was half the cost of his services. There was no form of contract or agreement created detailing services or if the deposit was non-refundable. About a week after he was paid, and over a month before the event, I decided I no longer needed his... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

This sad incident should convince you--and perhaps teach others who learn about it--to ALWAYS get personal service contracts like this in writing, spelling out all the details. The singer is used to--and happy--to sign contracts; but the singer is probably much happier when folks like you give him... Read more »

1 Answer | Asked in Collections, Consumer Law and Contracts for Virginia on
Q: I hired a property manager for my unit in Puerto Rico. She collected the taxes for the Tourism company and was supposed

to file them for me. They say they have not received the forms or taxes. I live in the US mainland, Virginia. Is there a way I can get the records she says she filed or the money I paid her back? Thank you.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2019

If you and the property manager have a written contract you should look to it first, before doing anything. If you do not have a written contract you might be out of luck. But in either event you can always hire a lawyer licensed to practice in Puerto Rico to help you get the missing money back.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: I have a student loan in va it's not federal but not private . Is there a statute of limitation?

Promissory note says 2011. Attorney general has it now and is taking my tax refund. Just filed a chapter 7

L. Ilaine  Upton
L. Ilaine Upton answered on Jan 25, 2019

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.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

Is it a Hipaa violation to include a complete statement of my account which includes what procedures I had done, along with a copy of the contract I signed when filing a warrant in debt with the court?

F. Paul Maloof
F. Paul Maloof answered on Nov 9, 2018

I do not handle medical collection cases so I regret that I cannot answer your question.

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Virginia on
Q: Wage Garnishment

I had a tenant that I had to have evicted for nonpayment thru the court. The court put in a judgement for me and the amount that was asked and the tenant left the property. The tenant and I agreed to a payment plan after the fact and it was signed by both parties for a monthly amount she said she... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 25, 2018

If you file a garnishment summons, you and the employer are required to appear before the court. The clerk's office will give you a list of required documents that are required and the forms of service if process. If any money is withheld by the employer, it will be sent to the court and... Read more »

1 Answer | Asked in Collections for Virginia on
Q: In VA. I have a dentist collection from maybe 2015 or 2014. The debt collector never got in contact with me until now.

Can the debt still be collected? If no one ever provided me the information to pay (who/where/how much) and didn't contact me for 3 years? Thanks!

Thomas Woodward Ashton
Thomas Woodward Ashton answered on Aug 18, 2018

It depends. Did you sign an agreement at the dentist's office to pay for treatment? If so, then the statute of limitations could be 5 years, not 3. Also, if they already have a judgment against you, it could be longer that 5 years. This is very fact-specific, and is something you should... Read more »

1 Answer | Asked in Banking, Civil Litigation and Collections for Virginia on
Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go
F. Paul Maloof
F. Paul Maloof answered on Aug 9, 2018

If you mean: $40,000 you should contact the FBI.

2 Answers | Asked in Collections for Virginia on
Q: Can a hoispital collect a bill they say I owe from 19 years ago

I was on their assisatance in 1999 a single Mom but they said I have to have the paper to prove it I have no paper it’s been too long Do I have to pay this

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 10, 2018

Each state has its own statute of limitations. Google your state's name, "breach of contract," and "statute of limitations." My guess is that the claim is time-barred. Certain actions, like a payment toward the debt, might restart the statutory period.

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1 Answer | Asked in Collections for Virginia on
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"?

Numerous communications went ignored before I filed the Warrant.

L. Ilaine  Upton
L. Ilaine Upton answered on Jul 9, 2018

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... Read more »

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: I received a warrant-in-debt and I don't know what to do?

Hello,

To make the story short, my significant other passed away and left me to care for our daughter alone. Anyways, a few years ago I opened a loan in desperation thinking I was able to afford to pay it off but the bi-weekly payments got the best of me and it was either rent or the loan.... Read more »

Robert R Weed
Robert R Weed answered on Jun 1, 2018

The reason bankruptcy is in the law is NOT really so donald Trump could keep his casinos. It's so you can clear these debts and get back to good credit and get on with your life. You need to talk to a bankrutpcy lawyer.

2 Answers | Asked in Collections and Contracts for Virginia on
Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

I did piece-work as a contractor for a Virginia corporation from 2015 to 2016 for which I was not paid. The total amount due is over $16,000. No written contract, but the work was well documented and the rate they pay was the same before and after the work I did. I sent them an invoice in... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 24, 2018

The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.

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1 Answer | Asked in Collections for Virginia on
Q: What is the VA statute of limitations on the collection of medical debts?

I have medical debts totaling $1,500 sitting on my credit report for over 5 years. I have contacted the collection bureaus listed, but they no longer have my account. What is the VA statute of limitations on the collection of medical debts? Thank you.

L. Ilaine  Upton
L. Ilaine Upton answered on May 16, 2018

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

1 Answer | Asked in Bankruptcy and Collections for Virginia on
Q: Can your check get garnished before the court date?

I got an email from my job saying that my check will be garnished. I never got the summons, phone calls, or letters they supposedly sent. I got proof that I never got the summons because supposedly thought I worIed at another location. My company emailed me a copy of the summons supposedly happened... Read more »

L. Ilaine  Upton
L. Ilaine Upton answered on May 16, 2018

The date on the garnishment summons is the "return date," which is the date that the creditor goes to court to collect the garnishment checks. Your pay will be garnished, typically 25% of your take home pay, until that date. In order to garnish you, there has to be a judgment... Read more »

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