Purchased an item on ebay via Paypal (end of Jan), seller offered 30 day money back guarantee and returned the item upon seller's agreement to accept (early Feb). USPS tracking# (shipping provided by merchant) confirms delivery & signature by sell...
You probably have not missed the 60 day window because they issued the contingent credit.
You should consult with a consumer protection attorney shortly because there are short time limits.
The lawyer handling my bankruptcy recommended filing Chapter 13 and then converting to Chapter 7. He did not think that my income was enough to qualify for Chapter 13. I stated on the bankruptcy form that I plan to file lawsuit against the service...
There is a case in Virginia that says that failing to list the claim is irrebuttable proof that either the claim doesn't exist or has no value.
Make sure it is listed.
However, just as important, the bankruptcy court is the wrong court to litigate this. You should either litigate this in state court or federal district court. The bankruptcy court does not have jurisdiction
I hired someone to do a job and they didn't do it. I am filing a Warrant in Debt. I have an address for the person, but I think they may have given me an address where they no longer live. What can I do?
Filing a lawsuit and serving an address is not effective. They can come back later, even years later, and fight the case.
You would be well advised to do a google search, maybe a facebook search, and see if you can find them.
A wise old lawyer once told me that there are 3 elements to every lawsuit.
1- liability- did they do something wrong.
2-damages- is it worth anything
3- collectabillty- will you ever see a dime.
If you fail on any one of those 3, you are just wasting time.
With that in mind--
A judgment is just a piece of paper. It says they owe you, but it does not mean they have to pay. Only that it is owed.
Next, you have to collect. Do they work? Do they have a bank account? Do they have an other assets?
My experience is that people like this have none of these, and suing them only makes you feel better, and out the filing fee and a days worth of work to come to court.
Unless the money is several thousand, move on. You will just make yourself upset.
In 2015, i disputed this civil judgement and the case was deleted from my credit report. Now i recieved a letter from the same law firm charging me again with fees and interest. I do have a print out of my the judgement deleted from my report.
There is a difference between an item on your credit report and a judgment.
An item on your credit report could be removed for any number of reasons, including that it is too old, or they could not verify the social security number.
HOWEVER, just because the entry of the judgment is not on your credit report does not mean that there is no judgment. It just isn't being reported. Shortly, NO judgments will be on credit reports.
You may still owe the money, and the judgment may still be "live"
Based on what you have described, you should talk to a consumer protection lawyer. There are some really good ones in the Hampton Roads area.
I recently bought a solar system package for $34,700. The contractor sent the loan to a lender and they reported to all 3 credit reporting agencies that I owed them $59,875. That is the amount I would have paid had I paid the minimum payment of $3...
Seems misleading at best.
Now that you have used your home equity ro pay it off, have they reported that it is paid in full and releases the lien?
I won a judgment last week against my prior tenants for unpaid rent and damages. I know they won't pay voluntarily, so I want to file a garnishment against their wages and bank account. How long do I have to wait before I file the paperwork to ...
A General District Court judgement is not final for 10 days after the hearing.
It can be modified for 21 days after the hearing.
If a party wishes to appeal, the judgment is not a judgment at all at that point. You get a brand new trial in the Circuit Court.
The safe thing to do is to wait between 30 and 60 days after the hearing to issue any sort of garnishment.
However, if you did not get proper service on them the judgment is never final. They can ask for the judge to reconsider the judgement forever. But you should worry about that only if they bring it up.
Hello. I received a warrant in debt from Virginia. I am a resident of NC and currently reside here (I cannot just leave the state and drive in such short time notice). I received a warrant in debt 5 days ago in the mail and paid the listed contact...
You can write a letter to the clerk explaining that you paid the debt and that you therefore dispute owing anything.
If you paid and their lawyer takes judgment anyway, there may be a claim against them and their lawyer for violations of the federal fair debt collection practices act.
Father in law had an Emergancy quad bypass surgery. He is retired and his wife's only income is 900$ a month. We got a court order saying we owe $250000.
The Bad news is that with a court order ("judgment") that your father in law owes the money, there is no way to fight the fact that money is owed.
There are ways to deal with the debt including payment plans and bankruptcy, but you would need to talk to a lawyer to determine which would be best.See question
How to handle credit card debt when you are sued in Virginia
Your question does not have enough facts to answer.
How old is the debt?
Is this a creditor or debt buyer?
Is this yours or someone elses? (eg: mistake identity or ID theft)
How much are they suing for?
Generally, defense of a collection matter is possible, but the facts are VERY important as to what recommendations can be made.See question