Warrant in Debt - VA - from a debt collection agency, not the original creditor.
Hampton, VA
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Posted about 1 month ago in Debt Collection
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I have received a Warrant in Debt from a debt collection agency, not the original creditor. I have been out of work for a couple of years and I have no assets. I have been going through a lengthy divorce and have a signed Stipulation Agreement from a settlement conference. I am waiting for a lump sum cash settlement from that agreement which will be at the 90 day deadline in a month. The court date on the warrant is Dec. 8th. I am not sure that my husband will fulfill the agreement by the 90 day deadline and that would mean going through the court system some more, so, I do not know when I would have funds to take care of the debt. What do you advise? Would my settlement money be excluded from creditors, since I am 56 and this is like my retirement money for the rest of my life.
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Answers (1)Karen L Ware
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted about 1 month ago.
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You would need to research your state's laws to determine if you can protect your settlement from being garnished or seized to pay a judgment.
But, let's back up. You don't yet have a judgment against you. There are a number of things you can do to prevent a debt lawsuit from getting to the judgment stage. First you need to determine the following: (1) Do you really owe the debt? (2) Is the debt collector legally entitled to payment? (3) Were there any procedural problems with how the debt collector filed the case? (4) Are the debt collector's calculations accurate? (5) Does the debt collector have the documents to prove its case? and (6) Do you have defenses or counter-claims? If the answers to 1-5 are "yes" and you don't have defenses or counter-claims, you basically have 3 options: (1) Settle the lawsuit, preferably without a judgment's being entered; (2) Let the case go to trial and hope the other side can't prove its case and / or that your case is better; (3) Consider bankruptcy. Bankruptcy stops most debt collection lawsuits immediately. Best of luck to you. Disclaimer: I am not licensed in your state. The above is general information only and not legal advice. You should use the information only as a starting point for your research.
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