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Virginia Collections Questions & Answers
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
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);...
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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... View More

F. Paul Maloof
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... View 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
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... View 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... View More

Bryan J. Jones
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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1 Answer | Asked in Contracts, Animal / Dog Law, Collections and Landlord - Tenant for Virginia on
Q: I Moved out December 9th and am just receiving a final move out notice stating I owe 710 for pet damages that weren’t

Present at the time of departure. I have no proof that there wasn’t any damages, how hard would it be to dispute if they have a receipt of the services rendered.

F. Paul Maloof
F. Paul Maloof
answered on Jan 4, 2018

Evidence of the condition of the premises as of the date of move out is critical to prove your side of the case.

1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

There is a garnishment that could take place and they could possible take the max 25% which would prevent me from taking care of my children and myself.....i was reading about head of household exemptions and did not know if VA recognized this and if so what would the qualifications be for this.

Robert R Weed
PREMIUM
Robert R Weed
answered on Dec 20, 2017

You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge....
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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: Tenant hasn't paid rent. I'm selling & filing a warrant. Can I add collection costs (filing fee + 200 mi trip to court

I have a tenant is is three months late on a utility overcharge (pursuant to lease clause) and 16 days late on rent. Lease has late rent fee provision of $50 after the 5th, and 15 days after utility notice, and $5 per day for any late fees after the 10th day. Two questions: Can I charge a separate... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 16, 2017

The terms if the written Lease will control. Your lease allows for the $50 late charges so you can claim them. If the lease gives you a right to claim the other expenses, you can claim them too, otherwise you cannot.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My mom was served for 12000 credit card debt to BOA, papers sent to bro's house, we do not live there. How to proceed?

The court date is a couple weeks away, just found out. I am POA and full-time caregiver for mom (she has dementia), we live in her house, she gets SS and small pension, no assets other than house. Could offer 3k lump sum to settle, but is that the right move? Do I even need to worry about her... View More

Robert R Weed
PREMIUM
Robert R Weed
answered on Dec 7, 2017

Well, they can attach a lien to the house. This is important enough to talk to a Consumer lawyer. National Association of Consumer Advocates is one place to look.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Am I liable to pay back accounting error?

I purchased a car for a reputable car dealership. When purchasing my car, they agreed to pay of my existing car loan in the amount of $2480. That was the amount I signed and agreed to on all of my paperwork. I got a letter in the mail today saying that they sent the bank a check for $2840 in error... View More

Robert R Weed
PREMIUM
Robert R Weed
answered on Dec 4, 2017

There should be a refund of $360 form the bank, since they were over paid. If and when that $360 comes back to you, I think you'd owe it to the dealership.

2 Answers | Asked in Civil Litigation, Small Claims, Collections and Consumer Law for Virginia on
Q: I received a warrant in debt for past medical bills. Can my husbands home , job or bank be garnished?

The debt is from 3/16 and we were just married in 6/17 he is the sole support and i am a full time student.

F. Paul Maloof
F. Paul Maloof
answered on Nov 3, 2017

When the court takes up the Warrant in Debt and if a judgment is entered against you, then after a ten day appeals period the judgment will become final and the Claimant (Plaintiff) can file a Garnishment Summons to attached wages and bank accounts. Generally, the Plaintiff will also take the... View More

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1 Answer | Asked in Criminal Law and Collections for Virginia on
Q: I've been charged w/ false pretense for more than $200. I've never been convicted of any crime. Can I get just probation

The charges are false pretenses for more than $200 and 2 other charges came along with that which is forgery and uttering. I've never been convicted of any crime. Can I receive just probation and no jail time?

Wilfred Yeargan
PREMIUM
Wilfred Yeargan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2017

The offenses are three separate felonies and you need immediate legal assistance to help you defend the charges. Your clean record will help you in court. I suggest contacting an experienced and well-reviewed criminal defense attorney in your area for a free consultation. The attorney can help... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Virginia on
Q: Rec'd a warrant in debt. Paid the debt in full 35 days b4 court. Now told to pay court costs? Prince William County VA

The plaintiff told me if I paid in full 30 days prior to court I would resolve & not have to appear. I paid that day 35 days b4 court. Now the plaintiff notified me I owe court costs. The case was continued and no judgment. Status online says case pending/continued judgment amount is blank... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 31, 2017

What you were told by the Plaintiff or the Plaintiff's lawyer and what you actually did to make the payment is your defense. It is a binding oral agreement. If the Plaintiff's lawyer is trying to squeeze the court costs out of you, he is not very professional. You should object to the demands.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My wife, recently passed away leaving old debt from medical bills. She had been making small payments monthly for yrs.

The debts are related to the period prior to her 65th birthday, when she became covered by Medicare The amounts collectively total in excess of $20K. My question is: As her widower am I responsible for the debt? I'm a disabled veteran age 73, at death my wife was 71. I couldn't possibly... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 30, 2017

If your name is not on those debts you are not responsible for them. However, any money she left behind solely for you would be required to pay off those debts.

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Virginia on
Q: What is the statue of limitations on a debt because of back rent?

My son left prior to his lease being up by 3 months back in Sept of 2015. He just recv'd a summons to pay back rent. At the time he had a roommate that was also leaving, but she had someone sublet the apartment for her. They are asking for the full rent.. her half as well as his half.

F. Paul Maloof
F. Paul Maloof
answered on Aug 17, 2017

In Virginia, if there was a written contract or written lease, the Statute of Limitations (SOL) is 5 years. If there was no written lease or agreement but simply an oral agreement, the SOL is 3 years.

1 Answer | Asked in Collections, Small Claims and Landlord - Tenant for Virginia on
Q: How can I collect on a 1/5/10 judgment for past rent on someone who moved out of VA, but will be in VA on a known date?

Judgment is dated 1/5/10 on unlawful detainer (VA Code 8.01-26) for unpaid rent. Defendant left the premises, immediately moved to W VA and did not appear in court. I have learned that defendant will be back in Virginia for a specific event in Caroline County, VA at the State Fairgrounds this... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 8, 2017

If you did not get a proper judgment against the defendant the first time you may be out of luck due to statute of limitations problems but speak to an attorney as they will need the whole story

1 Answer | Asked in Real Estate Law and Collections for Virginia on
Q: Short Sale in May 2010, including a Line of Credit. Short Sale written off. 1/5th of LOC. After 7 yrs, do I owe the LOC?

Short Sale was in GA, with Chase Bank. I had a line of credit on my home loan, with RBC (debt was later bought by PNC). Only a portion was written off on the LOC. Monthly bank payments since 2010 on LOC. The LOC was placed as a default to credit bureaus. After 7 years, can I stop payments?

Richard Sternberg
Richard Sternberg
answered on Jul 28, 2017

I'm not sure I understand you, but I think you are asking if an agreement to pay a debt expires after seven years regardless of its terms. While there is a model of that in the Bible called the Jubilee, historians tell us it may not have happened that way even in 1000 BCE. Today, we have 30... View More

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Q: Can a collection agency sell your account after it has served a warrant in debt on you?

My friend was served a warrant in debt about a month ago. He has sense received another letter from a different collection agency for the same account. But the amount is less than the original one.

Robert R Weed
PREMIUM
Robert R Weed
answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.

1 Answer | Asked in Civil Litigation, Collections and Identity Theft for Virginia on
Q: Proving fraud in garnishment case

A credit card was opened in my name in may 2005 when i was 17 and still living with my parent. I had no knowledge of this credit card until 3 weeks ago when my checks started being garnished before my court hearing.i contacted the collection agancy and they were supposed to send me fraud paperwork... View More

F. Paul Maloof
F. Paul Maloof
answered on Jul 11, 2017

You should bring evidence of your age in 2005 when the credit card was opened.

1 Answer | Asked in Collections for Virginia on
Q: In the state of Virginia Can you be forced to sell your home 4 unsecured debts?
John Andrew Maghamez
John Andrew Maghamez
answered on Jun 21, 2017

Yes, creditors must first place a lien on your house by having a judgment recorded in the circuit court where your house is located. Then there is something called a creditors suit which they can force the sale of your house although it is a long process that many try to avoid. Most creditors will... View More

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: I have a judgement against someone called a warrant in debt. It was issued in 2003. Can I still collect?
F. Paul Maloof
F. Paul Maloof
answered on May 24, 2017

The answer is "it depends." In Virginia, a judgment on a warrant in debt is good for 10 years in the General District Court. If you recorded a certified copy of the judgment abstract for a small fee of $10.00 in a Circuit Court in Virginia, the judgment's life will be 20 years in the Circuit Court.

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