Virginia Collections Questions & Answers

Q: What are my options? How can I pursue contempt of court for non payment of child support?

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Answered on Jan 2, 2019
F. Paul Maloof's answer
I do not handle child support matters, such as yours. Sorry.

Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Answered on Nov 9, 2018
F. Paul Maloof's answer
I do not handle medical collection cases so I regret that I cannot answer your question.

Q: Wage Garnishment

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Virginia on
Answered on Aug 25, 2018
F. Paul Maloof's answer
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 you on the return date.

Q: In VA. I have a dentist collection from maybe 2015 or 2014. The debt collector never got in contact with me until now.

1 Answer | Asked in Collections for Virginia on
Answered on Aug 18, 2018
Thomas Woodward Ashton's answer
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 with an attorney who can give you legal advice based on your spefici set of facts.

Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go

1 Answer | Asked in Banking, Civil Litigation and Collections for Virginia on
Answered on Aug 9, 2018
F. Paul Maloof's answer
If you mean: $40,000 you should contact the FBI.

Q: Can a hoispital collect a bill they say I owe from 19 years ago

2 Answers | Asked in Collections for Virginia on
Answered on Jul 10, 2018
Ronald J. Eisenberg's answer
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.

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"?

1 Answer | Asked in Collections for Virginia on
Answered on Jul 9, 2018
L. Ilaine Upton's answer
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 resolved informally, this is something that the court will prefer.

Q: I received a warrant-in-debt and I don't know what to do?

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Jun 1, 2018
Robert R Weed's answer
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.

Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

2 Answers | Asked in Collections and Contracts for Virginia on
Answered on May 24, 2018
F. Paul Maloof's answer
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.

Q: What is the VA statute of limitations on the collection of medical debts?

1 Answer | Asked in Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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

Q: Can your check get garnished before the court date?

1 Answer | Asked in Bankruptcy and Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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 judgment has been entered, and the appeal period has run, it's almost impossible to do anything about it unless there was bad service of process. Bankruptcy may be an option for you.

Q: Would filing a homestead deed protect my motorcycle?

2 Answers | Asked in Bankruptcy and Collections for Virginia on
Answered on Apr 20, 2018
Timothy Denison's answer
You can use the auto exemption for the car and the wildcard or catchall provision for the motorcycle. The homestead exemption does not apply.

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

1 Answer | Asked in Collections and Bankruptcy for Virginia on
Answered on Apr 20, 2018
Robert R Weed's answer
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?

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

2 Answers | Asked in Civil Litigation and Collections for Virginia on
Answered on Apr 16, 2018
F. Paul Maloof's answer
You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.

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

2 Answers | Asked in Contracts, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Answered on Apr 11, 2018
Timothy R Johnson's answer
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 message means that the property was surrendered in February 2013, there's a chance, depending on what exactly happened and on the terms of the contract, that you may be able to allege that the contract's...

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

1 Answer | Asked in Landlord - Tenant and Collections for Virginia on
Answered on Apr 10, 2018
F. Paul Maloof's answer
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.

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

1 Answer | Asked in Bankruptcy, Real Estate Law and Collections for Virginia on
Answered on Mar 5, 2018
Richard Sternberg's answer
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); or

3) Go to Avvo.com and plug in the legal topic or the prospective lawyers’ names or the geographic area and then get answers, names, reviews, and endorsements all in the same place.

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

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia on
Answered on Feb 19, 2018
F. Paul Maloof's answer
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 the Judge and see what he says.

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

2 Answers | Asked in Criminal Law and Collections for Virginia on
Answered on Feb 5, 2018
Susan Fremit's answer
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 and ask that the person who was a "no show" be charged with construction fraud, which is a felony considering the amount exceeds $200.

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

2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on
Answered on Feb 2, 2018
Bryan J. Jones' answer
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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