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Virginia Collections Questions & Answers
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... Read more »

1 Answer | Asked in Contracts, Family Law and Collections for Virginia on
Q: VA law on oral agreements. My ex husband and I orally agreed to pay a loan for our son's college. After my ex paid a few

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 »

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

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: I received a letter from a VA Lawyer that include the debt I owe and his fees. I am required to pay the fees too?

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 »

Robert R Weed
Robert R Weed 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 »

1 Answer | Asked in Business Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: If a UD case is non-suited, is there any way to seal this or otherwise keep it from being uploaded to the Internet?

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 »

F. Paul Maloof
F. Paul Maloof 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.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: Does anyone know if agencies reporting derogatory information upload non-suited cases? Does this affect one's credit?
F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

The Fair Credit Reporting Act, a federal law, would be where you would find the answers to your questions. I do not handle those cases. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.

F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: If a suit is in general district is later found to be in error, what is the best way to have this matter "erased"?

It appears that expunction is not available for civil cases. Can the court "seal" the file? Are there any other options that an attorney can do?

F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

The proper procedure for a civil matter as you describe is to file a Motion to Vacate and Set Aside the Judgment. It will be your burden to demonstrate to the Judge that the judgment was entered in error. If the other party agrees that there was an error, that party should endorse your Motion and... Read more »

1 Answer | Asked in Civil Litigation, Collections and Contracts for Virginia on
Q: If you pay a demand letter from a community association attorney by the date stated can they later collect lawyer fees

The lawyer via email when I asked “ we are clear now” said I’m will confirm with Hoa I believe so” then 96 days later I receive statement of account from hoa with 4 bills for professional services for 1116$ I call propert mgr the accountant calls me back and says she will look into it then... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 16, 2020

Generally, there is a provision in the HOA Bylaws for the right of the HOA to collect attorney's fees. However, the right to claim attorney's fees is not a statutory right but must be awarded by a Judge. I suspect that is the reason the HOA filed the Warrant in Debt and is probably... Read more »

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 »

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