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Virginia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Virginia on
Q: I have been issued a warrant of debt from Velocity Investments regarding a 5 yr old debt that was written off

The debt is 5 years old was written off by Lending Club so a bit perplexed as to what to do. Unfortunately my case is appearing on Monday, July 23. I was quoted $1000 fee by another attorney up front which I thought was a bit off given the nature of the case and my research of Velocity’s nature... Read more »

Robert R Weed
Robert R Weed answered on Jul 22, 2018

You NEED to show up in court, ask for a trial, ask for a Bill of Particulars and tell the judge your defense is statute of limitations.

That will get you a couple of months to prepare a defense, and if needed line up a lawyer.

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: My car was repossed

I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.

Robert R Weed
Robert R Weed answered on Jul 6, 2018

If you never received the 10 day notice letter, then WHAT was drafted on 6/29 and received on 7/6. I'm missing step I need to answer your question.

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1 Answer | Asked in Consumer Law for Virginia on
Q: What is the statute of limitations in Virginia for credit card debt? It is 6/23/2018 and these debts date back to 2011.
Robert R Weed
Robert R Weed answered on Jun 23, 2018

Probably five years.

Remember that statute of limitations is an affirmative defense; if you are being sued on a credit card you need to go to court and claim the statute of limitations.

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: I received a warrant-in-debt and I don't know what to do?

Hello,

To make the story short, my significant other passed away and left me to care for our daughter alone. Anyways, a few years ago I opened a loan in desperation thinking I was able to afford to pay it off but the bi-weekly payments got the best of me and it was either rent or the loan.... Read more »

Robert R Weed
Robert R Weed answered on Jun 1, 2018

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.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Consumer Law for Virginia on
Q: Emotional Support Animal with all legal documents relating to ADA necessity made to pay for travel with owner.

What kind of lawyer do I need to bring this major company to court for denying ADA rights to emotionally disabled individuals.

F. Paul Maloof
F. Paul Maloof answered on May 15, 2018

You need an ADA rights lawyer.

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: I signed a contract with a dealership, said they made a mistake and need to resign contract, the time limit expired and

Now I have to have a co-signed or cough up extra 2,200 or else they will take my car. I returned car. I was going to get refunded my downpayment but they want to charge me $900. Technically there’s no contract right? What do I do I had no idea about the time frame or deadline of having to resign... Read more »

Robert R Weed
Robert R Weed answered on Apr 26, 2018

This is called a yo-yo sale scam and it's very common.

Lawyers who specialize in car dealer fraud see this a lot.

One place to look for lawyers who do that kind of work is here. https://www.consumeradvocates.org/find-an-attorney. Good luck!

1 Answer | Asked in Consumer Law for Virginia on
Q: I currently have a garnishment. I missed the first court date due to the creditor had the wrong address.

I owe the money, but can the garnishment be stopped?

Robert R Weed
Robert R Weed answered on Mar 25, 2018

If you can PROVE to a judge that the papers for the first court date went to an address that you can PROVE you didn't live at during that time, then the judgment is not valid and they need to start over.

Virginia Judges are not quick to throw out bad judgement. Also the Judge is likley to...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Divorce for Virginia on
Q: I live in Alexandria Virginia but I need to file bankruptcy to save my home in Louisiana. I need help very badly

All of our belongings are in there and sell date is late March

Robert R Weed
Robert R Weed answered on Feb 17, 2018

OK Bankruptcy filed where you live covers all the property you have anywhere in America, so you need to talk to a bankrutpcy lawyer in Northern Virginia.

1 Answer | Asked in Consumer Law for Virginia on
Q: Hi, we have fallen 78 behind on our second mortgage. Want to make full del. Payment, but lender will not accept paymen

Payment. They have locked all of our accounts so that the only way to pay is through a collection manager. She has nor returned my calls. We have not received a demand letter or notice of default.

Robert R Weed
Robert R Weed answered on Feb 17, 2018

What happens if you just mail in the payment!

1 Answer | Asked in Consumer Law, Real Estate Law and Small Claims for Virginia on
Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.

We bought the house and closed January 10th. When looking at the house and in the description of the house was told it was completely water proofed, turned out only the back wall was. We recently had a large down pour of rain and it flooded our basement, damaging a large carpeted area, which was a... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 14, 2018

You very likely have a cause of action, and it may involve a claim for attorneys' fees and treble damages. Waterproofing can become a major expense, and restoration and replacement of carpets and walls destroyed by flooding can become a major expense. You should consult with counsel as soon as... Read more »

2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on
Q: can a funeral director hold your loved one hostage for payment when you are paying on it

the funeral home is holding remains hostage until its paid but they did not tell us he would not be creamated until it was paid and its been almost 2 months

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

Sounds like a violation of law. Contact a member of the Va. Trial Lawyers Assn as there may be a claim for "misuse of a corpse."

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1 Answer | Asked in Civil Rights, Bankruptcy and Consumer Law for Virginia on
Q: I allowed this couple to take over payments for my car I cannot afford, but they are not making payments

I am going thru financial issues where I cannot afford my car payments anymore. I am upside down in my loan. To avoid repossession I unwisely allowed this couple to take over my payments in Dec 2017. They did not make the payment in Dec 27 2017 and now its Jan and when I contact them they give me... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

Your first stop should be your local Legal Services. They can offer you legal help if you are unable to afford a lawyer. Schedule a time to speak with them.

1 Answer | Asked in Consumer Law for Virginia on
Q: Is there a limit on how much a creditor can set on a monthly payment plan to pay a an old debt?

My car insurance didn't cover the total debt from an accident. I owe an attorney $3K plus, they have suspended my drivers license until I pay them in full or $1K to set up a payment plan. Went to court to get a restricted driver's license to drive to work. The judge dismissed because I didn't have... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 16, 2018

To answer your main question; No. There are limits to garnishment proceedings, but not payment plans. If you are having difficulty paying, consult with a consumer protection lawyer to determine your rights.

1 Answer | Asked in Consumer Law and Medical Malpractice for Virginia on
Q: Can they do this?

I recently received a letter from my chiropractic group telling me that my particular doctor was no longer with the group. It also informed me that they had reviewed my records and were “discharging me from the practice”. I would no longer be able to see any of their doctors, effectively... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

Maybe find out what the problem is so that if it's a way you present you can avoid problems in the future. A physician can chose who they will see. There are many other chiropractors out there, many of them good. Try another.

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
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....
Read more »

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Virginia on
Q: Put down deposit on new car and opened a loan for the remaining balance. Loan doesn't exist according to bank (VA).

We purchased a used 2017 SUV for just under $18,000. We put a $4,000 deposit down and financed the roughly $14,000 remainder. We were pre-approved through Capital One's auto loan program. The dealership ran our pre-approval and finalized our loan. Our first payment is supposed to be due the first... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 20, 2017

You need to go back to the auto dealer and find out what is the cause of the problem. You can also file a complaint against the dealer with the Virginia DMV.

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1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on
Q: someone falsely accused me harassment and filed a protective order against me, the case was dismissed, can she appeal?

This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do

Wilfred Yeargan
Wilfred Yeargan answered on Dec 16, 2017

If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.

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... Read more »

Robert R Weed
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... Read more »

Robert R Weed
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.

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Q: A home is going to auction at the courthouse steps and it has two mortgages after it sold, is the buyer going to be

Held responsible to pay off the second mortgage

Robert R Weed
Robert R Weed answered on Nov 30, 2017

In Virginia, no, the (former) homeowner is responsible. Assuming its being auctioned by the first mortgage holder.

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