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being sued for cc debt in VA...help, please!

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jcwang
Established Member

being sued for cc debt in VA...help, please!

Hi, everyone, I'm not sure if this is the right place to be posting this but I need some serious help. I just received notice that I am being sued and am a defendant in a Virginia civil suit for a past credit card debt that has gone to collections. The debt is mine. I'm not sure what to do now...the court hearing is in 2 1/2 weeks in Richmond. I no longer live there (I know that doesn't matter) and have since relocated to the DC metro area so that is pretty far from me currently. What can I do to avoid having any personal assets levied/garnished (my car and my salary in particular; they are my only assets)? I don't have the money to settle. Please help? If you guys need any additional information please do not hesitate to ask...time is of the essence! I appreciate any help, thanks!

Message 1 of 12
11 REPLIES 11
RobertEG
Legendary Contributor

Re: being sued for cc debt in VA...help, please!

Bringing civil action against you is clearly demonstration of their seriousness.

It appears that you admit to the debt, so I wont suggest any tactics to dispute the debt.

The fiirst thing you should do is to get an attorney.

If you cant afford that expense, and thus reap  the legal advice they can give, then you have to do it yuourself.

When sued, the very first thing you must look at is your legal defense.

Regardless of any facts of the case, if you show up in court, and can show that the legal statute of limitations for debt collection has expired in your state, that is an absolute, affirmative legal defense that will get you immedaite, and summary judgment in your favor.

But must first prove the SOL to the judge.

I believe that VA statute of limitations on debt for credit cards (open accounts) is initially 3-years from your date of first default on the card.  But I also believe that VA statute provide for reset of the SOL  as 3 years from the last payment or last charge for goods or services rendered on the account.   So carefull check out the VA SOL statute, and the dates of any last payments or last charges on the account.

I dont offer advice on what your actual SOL is.  You need to order up a copy of your debt collection SOL for VA.

When you go to court, and assert your SOL defense, you need to know the exact dates that govern its expiration, and have documentary proof of those dates.

If you have all that, then your defense is totally affirmative, and will be affirmative in dismissal of their action.

 

OK assume you have no SOL defense.  Then,the WORST thing you could do is to not show up in court.  The plaintiff wiill ask for garnishment of property and maybe wages.  The judge wiill assess, and rule.  If the judge concludes that you did not even care enough to show your presence in court, the judge might just also issue as part of his or her judgment a garnishment.  So, at the very least, no matter what, at least show up in court, and talk to the judge.



 

Message 2 of 12
Anonymous
Not applicable

Re: being sued for cc debt in VA...help, please!


@jcwang wrote:

Hi, everyone, I'm not sure if this is the right place to be posting this but I need some serious help. I just received notice that I am being sued and am a defendant in a Virginia civil suit for a past credit card debt that has gone to collections. The debt is mine. I'm not sure what to do now...the court hearing is in 2 1/2 weeks in Richmond. I no longer live there (I know that doesn't matter) and have since relocated to the DC metro area so that is pretty far from me currently. What can I do to avoid having any personal assets levied/garnished (my car and my salary in particular; they are my only assets)? I don't have the money to settle. Please help? If you guys need any additional information please do not hesitate to ask...time is of the essence! I appreciate any help, thanks!


The SOL in Virginia is the same as that in Maryland and D.C. -- three years for credit card debt.  If your last missed payment was more than three years ago, show up in court and tell the judge the debt is time-barred.

 

If, however, the debt is not past the SOL, you have a problem.  The best thing is to show up and speak with the creditor.  Ask about a confession of judgment where you make regularly scheduled payments on the debt and then the court action is dismissed once the debt is paid off.  Most creditors will agree to that as it is better a bird in the hand than two in the bush; just because they obtain a judgment does not mean they ever see any $$.  Make sure that whatever terms are accepted are terms you can comply with 1,000% because if you default the judgment will automatically be entered against you and you'll probably lose the value of any payments you have made prior to default and still have to pay the original debt.

 

If you do not show up, they will obtain a default judgment against you.  It's unlikely they will be able to take your car, but garnishing your wages is almost a sure bet as well is attaching any bank accounts you might have.

Message 3 of 12
Anonymous
Not applicable

Re: being sued for cc debt in VA...help, please!

How much was the debt ... did you move before legal action was brought against you ... just curious?

 

How were you served?

Message 4 of 12
jcwang
Established Member

Re: being sued for cc debt in VA...help, please!

daboss28,

 

The debt is approx $5200 (give or take a few dollars). I did move before legal action was taken; this debt was accrued while I was in college and didn't know any better (doesn't matter, I know). I was served via mail...the only reason I even got the notice is because it was sent to my girlfriends house. It was addressed to my college address from my senior year (almost 2 years ago) and I just received it yesterday because I was visiting her and had all my mail forwarded there. 

 

RobertEG and O6,

 

From both of your verbage, I am a bit confused as to how the SOL actually works. Does SOL start from the date of LAST delinquency (as in the most recent missed payment) or from the FIRST time I missed a payment? This particular CC is a bit different, I was delinquent and then paid it off (parents), and then delinquent again leading into collections. I would greatly appreciate any clarifications as I'm pretty new to this. 

 

Thanks to everyone for the responses thus far.

Message 5 of 12
Anonymous
Not applicable

Re: being sued for cc debt in VA...help, please!


@jcwang wrote:

daboss28,

 

The debt is approx $5200 (give or take a few dollars). I did move before legal action was taken; this debt was accrued while I was in college and didn't know any better (doesn't matter, I know). I was served via mail...the only reason I even got the notice is because it was sent to my girlfriends house. It was addressed to my college address from my senior year (almost 2 years ago) and I just received it yesterday because I was visiting her and had all my mail forwarded there. 

 

RobertEG and O6,

 

From both of your verbage, I am a bit confused as to how the SOL actually works. Does SOL start from the date of LAST delinquency (as in the most recent missed payment) or from the FIRST time I missed a payment? This particular CC is a bit different, I was delinquent and then paid it off (parents), and then delinquent again leading into collections. I would greatly appreciate any clarifications as I'm pretty new to this. 

 

Thanks to everyone for the responses thus far.


Unless the debt is established by a contract or promissory note under seal, the SOL is not usually tolled by payments unless the account was brought current.

 

To be safe, calculate three years from the due date of the last payment you failed to pay. 

Message 6 of 12
finnewbie
Valued Member

Re: being sued for cc debt in VA...help, please!

 


@Anonymous wrote:

@jcwang wrote:

Hi, everyone, I'm not sure if this is the right place to be posting this but I need some serious help. I just received notice that I am being sued and am a defendant in a Virginia civil suit for a past credit card debt that has gone to collections. The debt is mine. I'm not sure what to do now...the court hearing is in 2 1/2 weeks in Richmond. I no longer live there (I know that doesn't matter) and have since relocated to the DC metro area so that is pretty far from me currently. What can I do to avoid having any personal assets levied/garnished (my car and my salary in particular; they are my only assets)? I don't have the money to settle. Please help? If you guys need any additional information please do not hesitate to ask...time is of the essence! I appreciate any help, thanks!


The SOL in Virginia is the same as that in Maryland and D.C. -- three years for credit card debt.  If your last missed payment was more than three years ago, show up in court and tell the judge the debt is time-barred.

 

If, however, the debt is not past the SOL, you have a problem.  The best thing is to show up and speak with the creditor.  Ask about a confession of judgment where you make regularly scheduled payments on the debt and then the court action is dismissed once the debt is paid off.  Most creditors will agree to that as it is better a bird in the hand than two in the bush; just because they obtain a judgment does not mean they ever see any $$.  Make sure that whatever terms are accepted are terms you can comply with 1,000% because if you default the judgment will automatically be entered against you and you'll probably lose the value of any payments you have made prior to default and still have to pay the original debt.

 

If you do not show up, they will obtain a default judgment against you.  It's unlikely they will be able to take your car, but garnishing your wages is almost a sure bet as well is attaching any bank accounts you might have.


If the debt is not past SOL and you absolutely cannot go to court, but are willing to settle with the creditor, then call them. See if they will send you out a settlement agreement that lists the terms that you both agree to and they will probably avoid court action altogether (ie when your case # is called up, the lawyer will tell the judge that you've settled outside of court). In cases I've observed such as this one, if civil courts in VA work like they do in NYC, the lawyer will basically corner you before you both address the judge and try to get you to negotiate to a settlement agreement anyway. I am guessing that they make more money from settlements that way than from obtaining the actual judgement, which may garner a smaller sum.

 

Message 7 of 12
Anonymous
Not applicable

Re: being sued for cc debt in VA...help, please!


@finnewbie wrote:

 


@Anonymous wrote:

@jcwang wrote:

Hi, everyone, I'm not sure if this is the right place to be posting this but I need some serious help. I just received notice that I am being sued and am a defendant in a Virginia civil suit for a past credit card debt that has gone to collections. The debt is mine. I'm not sure what to do now...the court hearing is in 2 1/2 weeks in Richmond. I no longer live there (I know that doesn't matter) and have since relocated to the DC metro area so that is pretty far from me currently. What can I do to avoid having any personal assets levied/garnished (my car and my salary in particular; they are my only assets)? I don't have the money to settle. Please help? If you guys need any additional information please do not hesitate to ask...time is of the essence! I appreciate any help, thanks!


The SOL in Virginia is the same as that in Maryland and D.C. -- three years for credit card debt.  If your last missed payment was more than three years ago, show up in court and tell the judge the debt is time-barred.

 

If, however, the debt is not past the SOL, you have a problem.  The best thing is to show up and speak with the creditor.  Ask about a confession of judgment where you make regularly scheduled payments on the debt and then the court action is dismissed once the debt is paid off.  Most creditors will agree to that as it is better a bird in the hand than two in the bush; just because they obtain a judgment does not mean they ever see any $$.  Make sure that whatever terms are accepted are terms you can comply with 1,000% because if you default the judgment will automatically be entered against you and you'll probably lose the value of any payments you have made prior to default and still have to pay the original debt.

 

If you do not show up, they will obtain a default judgment against you.  It's unlikely they will be able to take your car, but garnishing your wages is almost a sure bet as well is attaching any bank accounts you might have.


If the debt is not past SOL and you absolutely cannot go to court, but are willing to settle with the creditor, then call them. See if they will send you out a settlement agreement that lists the terms that you both agree to and they will probably avoid court action altogether (ie when your case # is called up, the lawyer will tell the judge that you've settled outside of court). In cases I've observed such as this one, if civil courts in VA work like they do in NYC, the lawyer will basically corner you before you both address the judge and try to get you to negotiate to a settlement agreement anyway. I am guessing that they make more money from settlements that way than from obtaining the actual judgement, which may garner a smaller sum.

 


If you mean the lawyer earns more money that way, many times they do.  I mean, most of the time they are paid a flat rate regardless of the outcome.  If they can earn the same amount obtaining a negotiated settlement prior to court vs. a somewhat more complicated and drawn-out process with iffy results, smart money is on the quick kill.

 

For the creditor it is also usually a smart move based on economics.  Creditors tend to recover more when there are negotiated settlement agreements and it also allows the crdeitor to avoid the risk of actually having the judge decide on the merits of the case.  Judges in NYC do not usually just dismiss the case rather than enter a confession of judgment or hold the case in abeyance until such time as either the settlement agreement has been fulfilled or the debtor defaults.  If the latter, usually a judgment is automatically granted against the debtor and then the fun & games begin.

Message 8 of 12
llecs
Moderator Emeritus

Re: being sued for cc debt in VA...help, please!


@jcwang wrote:

Hey all, I apologize in advance for starting a new thread but my situation is a bit time sensistive and I need the most exposure as possible. My previous thread stated that I was being sued in Va (now live in Md) for a cc debt I incurred while in college; the debt is mine. I went through my credit reports and now, I'm even more confused than before. As for as the VA SOL goes, am I looking for dates with the collection agency (the one that is suing me) or from the original creditor? Also, does the fact that I sent a DV letter to them and they never got back to me (as far as I know) count for anything in this scenario? My thought process is as follows:

 

The first delinquency with the original creditor was in Jan '07 (SOL applies) but the date when the CA actually purchased the debt was Feb '09 it looks like (SOL does not apply). So given that information, I am going to assume worst case scenario that the Va SOL will NOT apply in my case and now, aside from requesting a continuance (which I will have to do anyway for scheduling reasons but will only delay the inevitable), I really have no idea what steps to take next. I have a little money saved up (not enough to pay the debt in full) and am considering turning to an attorney but also do not know how much that will cost and/or benefit me. I also am facing the issue of being tried in Va but living in Md so the distance issue of obtaining an attorney becomes a factor. I am looking for some direction from anyone who has either been through this before or is willing to help. Thank you everyone in advance, I really do appreciate any advice and suggestions that are provided.


 

OP, the above comes from your other thread...

 

If DOFD is 1/2007, and you are 100% certain you didn't bring this TL current beyond that date, then you are OK. You can show up and use SOL as a defense. In the Commonwelath (I'm in No. VA), the only thing that can reset SOL is a written acknowledgment that you owe the debt and that you'll pay in such and such schedule (written promise to pay). A payment cannot reset SOL in VA.

 

Ignore the dates from the CA. They don't matter when figuring out SOL, other than to take their word that your DOFD was on such and such day. Ignore the purchase date.

 

If I was in that situation, and have been here in VA, I would drive down and show up. I'd use SOL as a defense (debt is time-barred) and have the VA Code citation in hand to be ready. I'd also have proof from the OC showing the DOFD as well as your CRs showing the DOFD. Finally, I would do some more digging into process service in VA, as someone may have mentioned already. VA has a section within the Code dedicated to service and you may not have been properly served. I don't remember specifics, but I have a family member who is a process server and remember reading through the law and mentally noting how specific it was on the topic. I believe, by law, a letter won't cut it, even if certified. You had to be served by a company that does that or by someone from the sheriff's office. They can also tack it on your door or residence if not there. It would say "Writ of Summons" and lists the plaintiff, you, principal, interest, fees, etc. If you ever lost, then they still can do anything. They have to repeat the process via a "Writ of Garnishment" before even collecting.

 

 

 

 

 

 

 

 

Message 9 of 12
Anonymous
Not applicable

Re: being sued for cc debt in VA...help, please!


@llecs wrote:

@jcwang wrote:

Hey all, I apologize in advance for starting a new thread but my situation is a bit time sensistive and I need the most exposure as possible. My previous thread stated that I was being sued in Va (now live in Md) for a cc debt I incurred while in college; the debt is mine. I went through my credit reports and now, I'm even more confused than before. As for as the VA SOL goes, am I looking for dates with the collection agency (the one that is suing me) or from the original creditor? Also, does the fact that I sent a DV letter to them and they never got back to me (as far as I know) count for anything in this scenario? My thought process is as follows:

 

The first delinquency with the original creditor was in Jan '07 (SOL applies) but the date when the CA actually purchased the debt was Feb '09 it looks like (SOL does not apply). So given that information, I am going to assume worst case scenario that the Va SOL will NOT apply in my case and now, aside from requesting a continuance (which I will have to do anyway for scheduling reasons but will only delay the inevitable), I really have no idea what steps to take next. I have a little money saved up (not enough to pay the debt in full) and am considering turning to an attorney but also do not know how much that will cost and/or benefit me. I also am facing the issue of being tried in Va but living in Md so the distance issue of obtaining an attorney becomes a factor. I am looking for some direction from anyone who has either been through this before or is willing to help. Thank you everyone in advance, I really do appreciate any advice and suggestions that are provided.


 

OP, the above comes from your other thread...

 

If DOFD is 1/2007, and you are 100% certain you didn't bring this TL current beyond that date, then you are OK. You can show up and use SOL as a defense. In the Commonwelath (I'm in No. VA), the only thing that can reset SOL is a written acknowledgment that you owe the debt and that you'll pay in such and such schedule (written promise to pay). A payment cannot reset SOL in VA.

 

Ignore the dates from the CA. They don't matter when figuring out SOL, other than to take their word that your DOFD was on such and such day. Ignore the purchase date.

 

If I was in that situation, and have been here in VA, I would drive down and show up. I'd use SOL as a defense (debt is time-barred) and have the VA Code citation in hand to be ready. I'd also have proof from the OC showing the DOFD as well as your CRs showing the DOFD. Finally, I would do some more digging into process service in VA, as someone may have mentioned already. VA has a section within the Code dedicated to service and you may not have been properly served. I don't remember specifics, but I have a family member who is a process server and remember reading through the law and mentally noting how specific it was on the topic. I believe, by law, a letter won't cut it, even if certified. You had to be served by a company that does that or by someone from the sheriff's office. They can also tack it on your door or residence if not there. It would say "Writ of Summons" and lists the plaintiff, you, principal, interest, fees, etc. If you ever lost, then they still can do anything. They have to repeat the process via a "Writ of Garnishment" before even collecting.

  


 

Nail & mail.  Commonly used in VA, MD and, of course, D.C.

 

The judgment creditor may or may not decide to have the court issue a summons beforehand to have the judgment debtor questioned about any possible assets they may have, but that is not mandatory and even then the summons is only sent First Class Mail.  For garnishment, however, there must be personal service, but only after the bank or employer has been served meaning that by the time you are served your $$ has been zapped.

 

 

Message 10 of 12
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