I am fully aware that I owe this debt. There is no disputing it. I had a previous payment arrangement, but I was unable to continue, as I've had many competing debts since the death of my sister in 2015, and caring for my niece and her living expenses. I also loaned large amounts of money to my sister prior to her death. I am terrified and don't want to file bankruptcy. I have worked very hard to pay my bills and improve my credit score.
Some credit agreements include an acceleration clause that makes the entire sum due and payable upon default. Nevertheless, a creditor or the holder of the debt may accept partial payments. Typically, the credit agreement also provides that the acceptance of partial payments is not considered a waiver of the holder's right to demand full payment.
A plaintiff creditor may still seek judgment against a debtor who is making partial payments, although the debtor may try to raise the defense of an accord and satisfaction, that the plaintiff creditor has settled the debt by agreeing to accept payments.
The foregoing is intended to be general legal information concerning Virginia law based on the scenario as written and not legal advice to anyone in particular. The information provided should not be relied on as legal advice or as an appropriate basis for any legal action, and it's provision does not establish an attorney-client relationship with the reader. Information shared or provided on a public forum is obviously not confidential or private. Every situation is unique and you should always immediately consult with a Virginia attorney to discuss all your options in light of your particular circumstances before acting.
You can certainly try to make payment arrangements to avoid a judgment. Call the lawyer who filed the Warrant in Debt. Be aware that they have no obligation to work with you on this debt anymore because you’ve defaulted more than once. At this point, they’re more likely to accept a large lump sum rather than monthly payments. They might be more willing to work with a lawyer, so think about hiring one.
This answer is for information purposes only, in order to assist consumers in researching their legal issues.
Since the other two lawyers answered your question directly, let me say something else. Is this your only bad debt?
If this is the beginning of three our four credit cards that you can't afford to pay, why not talk to a bankrutpcy lawyer. For someone whose credit has gotten as bad as yours, bankrutpcy is usually the fastest way back to good credit.
I'm NOT your lawyer. Giving you some ideas to discuss. I'm in Stafford, Sterling and Annandale.
If you received a warrant in debt then that means a case has been filed against you. Please make sure you read the warrant in debt and understand that a hearing date has been set. If you fail to appear at the first return date on the warrant in debt, a judgment in the full amount can be entered against you.
Many times, by hiring an attorney, they are able to negotiate with the other side to either pay the amount or some type of payment plan so that no judgment is entered against you and the case is dismissed (and things like your credit are not affected).
Feel free to reach out to an attorney. Best of luck.
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You can always try to make payment arrangements. Contact the attorney that filed the WID and ask to do so. They may or may not have authority to set up payment arrangements. Do not be surprised if they go ahead and take the judgment, even if they agree to take payments. I urge you to go to the hearing and tell the judge about any arrangements you set up now and ask that the court not enter judgment. The judgment gives the creditor to garnish your wages and bank accounts.
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