Legal Question in Bankruptcy in Virginia

Need legal advice

Eight years ago when my son was 20 yrs old he had a car repossessed with a balance owing of 1300..the company retained a judgment against him, which he never received..if it was posted on the door he never received it..but they are saying as long as it was posted on the last known address it was considered ''good service''.. the only thing that was received was a letter in the mail stating when and where the car was going to be sold.........from then until 2 weeks ago we had never heard a word from them..his employer received a wage garnishment against him for over 4000..he now has his own home, a new vehicle, and court ordered child support.. with the garnishment he stands to lose everything...he talked with the company and ask them to set payments that he could afford and to stop the garnishment..or he would have to file bankrupcy, which he doesnt want to do..but they said that filing would not do away with this debt..and that they have 20 years to collect on a judgment..is this correct?..and can you offer any suggestions on what he can do ..short of losing his home and having to move back home until this is repaid at the rate of 22% interest...Thank you for any help you can give..


Asked on 3/08/05, 11:21 am

1 Answer from Attorneys

John Sawyer Sawyer & Azarcon, P.C.

Re: Need legal advice

Your son needs to consult with a local bankruptcy attorney, ASAP. It is very likely that your son will not be able to contest service of process or be able to wait out the 20 year judgement statute of limitations.

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Answered on 3/08/05, 1:17 pm


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