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.... Read 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... Read 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,... Read 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... Read more »
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... Read 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... Read more »
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... Read 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... Read 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... Read 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.
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... Read 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".
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... Read more »
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... Read more »
The decedent passed away in 2021 and we were told that the medical bills had to be paid off regardless of the passing away.
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... Read more »
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.
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... Read more »
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... Read more »
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.
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... Read more »
answered on Apr 22, 2021
You can ask for reconsideration by another judge or file an appeal.
I may have been deployed at the time but they gave no details in the paperwork I received on what the sum was for.
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... Read more »
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... Read more »
answered on Oct 2, 2020
Yes. They can sue you for anything short of your full agreement.
can they legally contact a law firm in my state Virginia and bring a lawsuit against me for payment?
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... Read more »
payments to me by check, he stopped paying. I continued to pay my share and his share. Can I sue him for the amount he was supposed to pay, but did not? Thanks, Cathleen
Thank you for your reply. I don't understand the cited text from the statute. If my ex and I agreed to pay for our... Read more »
answered on Aug 17, 2020
Parents in Virginia have no legal obligation to support their capable, able-bodied adult children. However, the parents of a child may create a binding legal obligation to pay for their child's college education. Virginia Code Section 20-155 validates marital agreements provided they are in... Read more »
I owe a debt for some dental expenses. I never received the final notice that the debt was going to collections. So I was under the impression that my insurance was working this issue, per a conversation I had.
The letter caught me by surprise, because the debt stated was 50% more then the... Read more »
answered on Aug 6, 2020
Maybe not.
Did your written agreement with the dentist say anything about attorneys fees? If not, then they may not be able to collect them. Did it say "reasonable" attorneys fees. What's reasonable if so far all that's been done is to write a letter.
Is this... Read more »
Related to the prior question: "Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2
The case did not result in an eviction nor a collection" You will see a lot of these as first time civil defendants seek to pay arrears after Unlawful Detainer (UD)... Read more »
answered on Jul 20, 2020
In Virginia, eviction matters are generally not under seal. You may want to seek a formal opinion from an attorney in the jurisdiction where you reside on your questions.
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