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Received a warrant in debt from a past creditor I owed money to. Has anyone been to court for a similar situation? If so do they make you pay on the spot or what would my options be
Bobby light Wrote:
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> Received a warrant in debt from a past creditor I
> owed money to. Has anyone been to court for a
> similar situation?
Bobby light Wrote:
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> Received a warrant in debt from a past creditor I
> owed money to. Has anyone been to court for a
> similar situation? If so do they make you pay on
> the spot or what would my options be
If the creditor wins in court, they will garnish your pay or bank accounts. You need to get a bankruptcy attorney to help you.
It depends on the judge and it depends on your attorney.
Best case scenario (for you), is that the judge will establish a payment schedule based on your assets and income. Obviously, whatever liquid cash you have on hand will be immediately sent to your creditor towards this debt.
And if you are gainfully employed, your wages will be garnished by court order until such time your debt is paid.
Again...that is best case scenario and if that is what you come away with...you should be grateful. In extreme cases, debtors can be jailed. But, typically judges avoid doing that until it's the last full measure because someone in jail is typically unable to work off a debt.
Bobby light Wrote:
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> Received a warrant in debt from a past creditor I
> owed money to. Has anyone been to court for a
> similar situation? If so do they make you pay on
> the spot or what would my options be
How much do you owe? It has a bearing on the answer to your question.
Now that they have banking across state lines, if your bank has a branch anywhere in VA, they can get their money. If you put your money in a bank that doesn't do business in Virginia, they can't touch it unless they want to go in a MD or DC court & try to get it enforced. DC courts don't like to do it. MD, it depends on too much.
I got a few of those a long time ago before alot of banks went across state lines. I had my money in banks that weren't in VA. They got a judgement, but couldn't get their money from me. The statute finally ran.
They do this alot if you abandon a car or it gets towed off a parking lot, or something and you don't go get it because the car's a piece of shit & it's not worth paying for. The tow place will sell it for scrap then file a Warrant in Debt on you for thousands of dollars in storage charges. They got a couple of buddies of mine like that. One guy went out of the country for a year and let his friend drive the car while he was gone. It was a nice car. His mistake. The friend got it towed and couldn't pay to get it out of hock. The tow place owner sold it to his brother in law for $500 and sued the owner for thousands and got it.
The date on the warrant is a date for you to contest or admit to the debt. If you don't show, it's an admission. Contact the creditor's attorney before that date and they'll likely work out a much better payment plan with you than if you drag this out.
For many businesses a warrant in debt is simply a reminder that they really do expect the customers to pay. For others it is an announcement that getting paid matters less to them than fucking with the customers' lives. Legal collection efforts take so much time and cost so much for many small businesses that they don't make financial sense. It does give the business owner an opportunity to inflict some pain on a nonpaying customer to offset some of the aggravation the customer has inflicted on the business.
OP, a warrant in debt is a notice that you have been sued. There is a 5 year statute of limitations on breach of contract in VA (most debts stem from a written agreement of some sort). If your debt is older than that, consider hiring a lawyer. Otherwise, you're probably best off paying the debt as virtually any lawyer is going to cost you well over $1,400 and is not likely to completely make the debt go away. In most scenarios, a lawyer will at most reduce the amount through settlement.
Whatever you do, don't ignore this. It'll only make things worse as the creditor will likely seek additional interest and expenses.
Legal advisor Wrote:
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> Bobby light Wrote:
> --------------------------------------------------
> If the creditor wins in court, they will ...
the Judge is not "limited to prescribed remedies", the Judge is (or should be) capable of acute prescription
the prescription will be what fits the situation
DEBTOR'S JAIL (ie not including theft) was canceled in most states long ago and was canceled in the last hold out just recently (georgia or alabama i think)
so your not going to jail - not according to written law
however note that Fx. Co. Gov. does whatever the fuck they please and never follows any law but that gets them cash
the world is in a debt war, politicians are all about who is justifying what debt, keeping more than they're fair share of goods in their corner of the world: those who lent you money are likely more in debt than you are
(however - that still does not mean your free from your promised payments)
DEBT CAN BE MEDIATED OR EVEN FORGINEN (or increased) but that is extremely dependant on situation
***Official Fairfax County Circuit Court Notice***
There's been a problem at the county courthouse clerk's office. Our printer that is used to print the court's notices was incorrectly deleting and inserting letters on certain warrants that were recently mailed.
Please note that all Warrants in Debt are actually Warrants of Death. Please kill yourself immediately upon receiving your warrant. If you are unable to comply, call the Fairfax County District Court main line at 703-691-7320 and a Deputy Sheriff Officer will be dispatched to your location to fulfill the Warrant.
We apologize for any inconvenience this error might have caused.
If the debt is less than 7 years old in Virginia they will seize your bank for the amount owed or garnish your wages. If it is tax debt, civil judgement or student loan it never expires. Having a bank in another state won't help. They will go after those assets and accounts too.
For $1,400 it's probably not worth their time, especially if the debt has expired. They buy the debt for something like $200 and then try to get the full $1,400 so they can make $1200. Most often they'll be willing to settle for less than the full amount because it's extremely rare that they able to collect. If the regular debt is over 7 years than they will just continue to harass you and the debt will be sold over and over to other collection companies until it is worthless.
They have to figure out which bank you have first before they can file. You should lock your credit files so in the future they can view your assets and bank accounts.
Bobby light Wrote:
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> Received a warrant in debt from a past creditor I
> owed money to. Has anyone been to court for a
> similar situation? If so do they make you pay on
> the spot or what would my options be
If it's only 1400. Go directly to that creditor. Call them and tell them you want to schedule direct monthly withdrawals from your checking account 9for whatever amount you can afford per month) and ask them to withdraw the lawsuit, which they can do.
Save yourself, time, court costs, legal fees and interest on your debt which will be imposed by the court.
Your creditor may ask you to make a payment over the phone as good faith while setting up your direct electronic withdrawals.
or you can just show up to court with the 1400.00 and the court costs and represent yourself telling the judge you have the money in hand. After court, pay everything off.
Thanks for the advice everyone looks like the best solution is to pay the debt and put this behind me. So far I have more than half saved up. I only have a month and a half until court but I feel as if I can pay it back in full.