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Virginia Collections Questions & Answers

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 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 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 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 given to... 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 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 discuss... 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 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 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 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 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 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 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 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 somewhere. Once a... Read more »

2 Answers | Asked in Bankruptcy and Collections for Virginia on

Q: Would filing a homestead deed protect my motorcycle?

I have car fmv at $ 4575 and motorcycle fmv at $ 2310. I am "collection proof" regarding all other assets.

Timothy Denison answered on Apr 20, 2018

You can use the auto exemption for the car and the wildcard or catchall provision for the motorcycle. The homestead exemption does not apply.

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1 Answer | Asked in Collections and Bankruptcy for Virginia on

Q: I am "collection proof" and would like to protect my motorcycle from levy. Would a VA homestead deed do this?

Other assets are covered as exemptions. No home and only receive social security payments.

Robert R Weed answered on Apr 20, 2018

You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?

2 Answers | Asked in Civil Litigation and Collections for Virginia on

Q: how to write up a homestead deed for filing garnishment exemption of wages?

F. Paul Maloof answered on Apr 16, 2018

You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.

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2 Answers | Asked in Contracts, Civil Litigation, Collections and Landlord - Tenant for Virginia on

Q: Recd warrant in debt 4 VA rental surrendered 2/13. Due to biz fail. Stat of limitations? No prev contact prior to cert

We live in Fl since then. Am on TTD & undergoing back surgeries. Court date next wk. what should I do?

Timothy R Johnson answered on Apr 11, 2018

Hire a local attorney to defend the case. If you don't do anything, you will have a default judgment entered against you, and at some point, the plaintiff may pursue assets of yours in Virginia (if any), and if the amount is significant enough, possibly against you in Florida.

If your...
Read more »

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1 Answer | Asked in Landlord - Tenant and Collections for Virginia on

Q: I live out of state and an apartment complex c/o debt collector is suing me. What do I do?

I rented the place with another tenant end of september ‘13. I was kicked out by other tenant in December ‘13 then other tenant moved out January ‘14. I understand we are both responsible for paying rent after. I got a judgement about two months after she moved out. I didn’t have a job from... Read more »

F. Paul Maloof answered on Apr 10, 2018

If the party suing you has the warrant in Debt properly served, the court will have jurisdiction over you and may enter a judgment against you. You should hire a lawyer to represent you in court.

1 Answer | Asked in Bankruptcy, Real Estate Law and Collections for Virginia on

Q: What is the best way to hire a good attorney for a case?

Richard Sternberg answered on Mar 5, 2018

1) The Old Fashioned Way: talk to a lawyer you know and trust, and ask them to refer you to someone; or,

2) Do it the new Internet way by asking a question on line and then checking out the reputation of the lawyers who answer (if you’d be happy with the whole world knowing your facts);...
Read more »

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia on

Q: Landlord sent charges to a collections agency while disputing the original charges. Can it still be reported to credit?

We moved out, documented the condition in photos, videos and receipts of cleaning/replacements. We received an itemized list of damages on day 47 but postmarked on day 45. They kept our security deposit and say we still owe 877. One of the damages they listed was for something we have... Read more »

F. Paul Maloof answered on Feb 19, 2018

Even though you are bringing a claim for your SD in small claims court, the landlord has the right to bring a separate claim for the alleged damages. If the landord brings its claim in small claims court, you may be able to have both claims consolidated and heard at the same time. You can notify... Read more »

2 Answers | Asked in Criminal Law and Collections for Virginia on

Q: Is obtaining money under false pretenses a crime in Chesapeake? I have a copy of the cashed check for $1375. No show.

I also have a copy of the work order and text messages from him stating he would start the work on the agreed upon date. He didn't show and is ducking all phone calls. Is there anything legally I can do?

Susan Fremit answered on Feb 5, 2018

You need to send a letter to the individual giving him 2 weeks to complete the work. (Make a copy of that letter for your file.) If the work order is not completed in 2 weeks, take the work order and text messages, along with the copy of the cashed check to the magistrate's office in your county... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on

Q: can a public defender charge any type of fee to the defendant

I did not request any council; Essex County, VA chose to assign me a public defender and said I had to have one. I complied being foreign to the county and just wanting to get through the arraignment without any issues. I finished up with no issues or charges to remain on my record after completing... Read more »

Bryan J. Jones answered on Feb 2, 2018

You can be charged fees for being represented by court appointed counsel. You should contact the clerk's office to find out how much they are charging you.

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