If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


Contact Information
First Name*
Last Name*
Phone: (999-999-9999)*
Preferred Contact Method:
Email:  
Preferred Contact Time:
State of Residence:*

Comments:

Virginia Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Virginia's Statutes Of Limitations. Virginia phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Virginia Fair Debt Collection Consumer Practices Guide summarizes Virginia's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Virginia Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Virginia’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Virginia Debt Exemption Law!

Virginia Statutes

Virginia has opted out of federal bankruptcy exemptions, Virginia Code Annotated § 34-3.1.

Wages: Virginia Code Annotated §§ 34-29, .32, -33.

Homestead: Virginia Code Annotated §§ 34-4, .4.1, ·6, ·14, -18, and -22.

Tangible personal property: Virginia Code Annotated §§ 34-4, -4.1, -6, ·14, -18, .22, ·26 through ·28.

Benefits, retirement plans, insurance, judgments, and other in intangibles: Virginia Code §§ 34.26, ·28.1, -34.

Virginia Debt Statutes of Limitation

Your debt may have expired under Virginia’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Virginia Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Virginia Debt Statutes of Limitation

Open account: 3 years from the last payment or last charge for goods or services rendered on the account.

Written contracts (non-UCC): 5 years.

Sale of goods under the UCC: 4 years.

Virginia Judgments: 10 years, and renewable (extended) to 20 years.

Foreign judgments: 10 years.

Virginia Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Virginia’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Virginia law.

Virginia Wage Garnishment Procedural Requirements

On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, to issue a writ of fieri facias at the expiration of twenty one days from the date of the entry of the judgment and place the same in the hands of the proper officer of such court to be executed and take his receipt therefor. Virginia. Code Ann. _ 8.01 466.

To ascertain the personal Statutee of a judgment debtor to which the debtor named in a judgment and fieri facias is entitled, upon the application of the execution creditor, the clerk of the court from which such fieri facias issued shall issue a summons against any debtor to, or bailee of, the execution debtor. The summons shall require him to appear before the court from which the fieri facias issued or a commissioner of a county or city contiguous thereto, or upon request of the execution creditor, before a like court or commissioner of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, to answer such interrogatories as may be propounded to him by the execution creditor or his attorney, or the court, or the commissioner, as the case may be. As a condition precedent to such a proceeding, the execution creditor must furnish the court with a certificate setting forth that he has not proceeded against the execution debtor under this section within the six months last preceding the date of such certificate. Virginia. Code Ann. _ 8.01506.

Any money, bank notes, securities, evidences of debt, or other personal Statutee, tangible or intangible, which it may appear by such answers are in possession of or under the control of the debtor or his debtor or bailee, shall be delivered by him or them, as far as practicable, to the officer to whom was delivered the fieri facias, or to some other, or in such manner as may be ordered by the commissioner or court. Virginia. Code Ann. _ 8.01507.

On a suggestion by the judgment creditor that, by reason of the lien of his writ of fieri facias, there is a liability on any person other than the judgment debtor, a summons in the form prescribed by _ 8.01512.3 may be sued out of the clerk's office of the court from which an execution on the judgment is issued or be sued out of the clerk's office to which an execution issued thereon has been returned against such person. The summons and the notice and claim for exemption form shall be served on the garnishee, and shall be served on the judgment debtor promptly after service on the garnishee. Service on the judgment debtor and the garnishee shall be made pursuant to subdivision 1 or 2 of _ 8.01296 (mainly personal service).

When making an application for garnishment, the judgment creditor shall set forth on the suggestion for summons in garnishment the last known address of the judgment debtor, and shall furnish the clerk with an envelope, with first class postage attached, addressed to such address, whereupon a copy of the summons and the notice for exemptions form shall be inserted into such envelope by the clerk and sent to the sheriff with the process to be served. The judgment creditor shall furnish the social security number of the judgment debtor to the clerk, unless excepted by law. The judgment creditor shall, in the suggestion, specify the amount of interest, if any, that is claimed to be due upon the judgment, calculated to the return day of the summons. He shall also set out such credits as may have been made upon the judgment. Virginia. Code Ann. _ 8.01511.

Interest Rate at which Judgments Accrue The judgment rate of interest shall be an annual rate of nine percent, except that a money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or at nine percent annually, whichever is higher. Interest at the judgment rate, where no rate is fixed by the contract, shall apply to both prejudgment interest and to post judgment interest. Virginia. Code Ann. _ 6.1330.54. Applicable Forms Garnishment Summons, Virginia. Code Ann. _ 8.01512.3. Notice of Exemptions, Virginia. Code Ann. _ 8.01512.4. 4.0.

Virginia (Debt Collector) Call Recording Law

Under Virginia State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Virginia is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Virginia.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

Hosting and Legal Marketing by:
Hosting and Legal Marketing by AFC Legal Marketing