Get free answers to your Collections legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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)... View 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.
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.
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.
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... View More
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?
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
