There are several statutes that deals with situations like this, depending on the circumstances. If, however, one is looking to sue to enforce the signer's duties under the note, or looking to defend a suit on such a note, the principles governing such a suit are regulated in part by statute... View More

Assuming there is a valid debt to begin, the applicable statute of limitations can limit how long a creditor has to collect that debt. The time period set by that statute of limitations depends on a few things, like whether the debt was base on an open account, a written contract, an oral... View More

Far more facts are needed to answer in any manner other than a general way.

It is difficult to have a judgment vacated. It is possible to vacate a judgment if a mistake has been made, but you need to act quickly. Seeking to vacate a judgment without an attorney increases your risk that the... View More

You can make an appointment with your local Circuit Court clerk's office to open an Estate for the deceased. There is an accounting process where your father's creditors receive partial or no payment in the instance of insolvent Estates.

Providing copies of a death certificate to... View More

If by "repo" you mean enter his property and steal his car from in front of his house, the answer is no. That is the traditional meaning of repossession which is a contractual right only available in certain situations.

You can have a sheriff "levy" on the vehicle. You... View More

There are ways to pay off your judgment in incriments, especially if the judgment creditor agrees to the payment terms. If they don't agree, there are limits to how much the creditor can garnish, but they could also try to seize and auction your property. There is no way, though, to force a... View More

If the car has been repossessed and sold, you owe the remaining deficiency balance. You may be sued for that amount likely on a breach of contract theory.

It is time to sue. Likely this will be done in the General District Court which is faster and cheaper. Obtain an attorney, especially if you believe any of the Defendants will appear and contest the damages.

You likely have a valid contract and can sue her. If she has made no payments and you have not transferred title, you might have more options. Consult an attorney with a brief statement of facts, a copy of the car title, and information about the location of the car and your daughter.

Va Code s. 6.1-330.56 was repealed but the same provision of law was enacted under Va Code s. 6.2-304. In other words, this law is still on the books, but in a different place. Also, I suspect you have misread the law. This law actually allows someone to dispute a high interest rate if the... View More

The primary law is the federal Fair Debt Collection Practices Act. You can read the text of the act at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf.

Generally they can unless the collector "knows or has reason to know" that your employer does not allow you to recieve such calls at work. Check out the link here to 15 USC 1692C:

http://www.law.cornell.edu/uscode/15/usc_sec_15_00001692---c000-.html.

For a garnishment under Virginia law, a creditor must go through a specific garnishment procedure after establishing his legal claim to the money. One part of this procedure requires the Clerk of the Court to sent notice, a summons, and certain forms to the person whose money is to be garnished.... View More