Virginia Debtor And Creditor Legal Questions

You can file for hardship.  I would suggest calling the creditor and ask them to work out a "reasonable" payment.  Explain to them your current financial situation.    Scott F. Bocchio President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read More

Any time you receive a summons to go to court and you do not show up, the court will rule in favor of the other side.  This means that if you do not show up, the court will enter a judgement for mariner in the amount of $5300.00 (plus possibly other charges as well).  If you do not dispute that you owe them money, but you do not think the amount is correct, you can show up in court and tell the judge that you dispute the amount.  The Judge will then order the case to come to trial where each side presents their arguments as to why they are right.  The Judge will probably also order something called 'pleadings' which means that the plaintiff (in this case Mariner) needs to send you something called a 'Bill of Particulars' which details exactly why they think you owe the money and why the amount is correct.  After you receive the Bill of Particulars, you will have a few days to respond with a written 'Grounds of Defense' which details exactly why you believe that Mariner is incorrect.  These pleadings give the court, and the other side, a look at the evidence that will be presented at trial, and you are not able to bring up other arguments at the trial that were not included in the pleadings.  That means that if you do not submit your Grounds of Defense on time, you may be left at trial with the Judge not allowing you to make any arguments at all.  It might be worthwhile for you to speak to an attorney in your area about your options, which might also include filing for a bankruptcy either now or after a judgement has been ordered.  Again, your attorney will know more about your specific situation and can assist you.... Read More

Unfortunately, the time to dispute that judgment is long since past.  And if the judgment is docketed in circuit court, which is where judgment become a lien on property, the creditor has 20 years to collect on the judgment.  If you do not want a lien on your new house, you might want to contact the creditor directly to arrange to get it paid!... Read More

If he's earning any wage along with the tips, you can garnish the employer for the wages.  And if the tips go into some communcal pot, which is then redistributed among the staff, you should be able to garnish that as well.  However, if the customers just leave cash tips, and your debtor just pockets the cash, there's nothing you can really do about that.... Read More

Even after the judgment, you can still try to work out a payment plan with the hospital and its lawyer.  However, they have no obligation to try to work things out or to accept any proposal on your part.  Fortunately, though, most creditors would rather have cash in hand, rather than just a paper that says "judgment."  And if you do not work anything out, you should go to the court date so you at least have some understanding of what is going on.... Read More

Your wages will be garnished until the date of the hearing.  However, as part of the packet you were served with, you should have received a form that says "Request for Hearing - Garnishment/Lien Exemption Claim."  If any of those exemptions apply to you, you can request a hearing on the exemptions.  The exact procedure for that varies by court.... Read More

If by "satisfy the creditor" you mean that the judgment is satisfied, the creditor should file a release of the judgment with the court.  Once a judgment has been satisfied, a creditor cannot continue to execute on that judgment.  If, however, only paid part of the judgment has been paid, the creditor can continue to garnish that bank account until the judgment is paid in full.... Read More

Judgments in Virginia are good for 10 years, and then they must be renewed.  It's a process.  If the judgment is "docketed" in the Circuit Court, or if it otherwise "attaches" to real property (real estate), then it continues to be attached, but must be enforced within 20 years.  You have 20 years to enforce a tax lien.... Read More

Unfortunately, you do need to show them anything with YOUR name on it, and if it happens to have your wife's also, then you still must show it.  But you do NOT need to show them anything that is solely in your wife's name - that's her private business.  You need to call our law firm 540-349-3232 - We'll give you a free consultation.... Read More

The assertion of "statute of limitations" is an afirmative defense, meaning if you don't raise it, then it does not protect you.  In order to take advantage of the statute, you have to assert it in the case.  In Virginia, the statute of limitations for property damage is one (1) year.   Now, there may be some Virginia statute allowing a government to collect for damages to government property, but I gotta believe that 15 years is just way too long!... Read More

You should speak with a local consumer rights attorney.  There are various statutes that may protect you from collection actions, and the debt holder may be time-barred from filing any suits against you.  For your wages to be garnished, the debt-holder must get a judgment against you in court.  Each state has specific exemptions for what assets are garnishable, and a local consumer rights attorney will know whether any of the exemptions apply to your situation. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More