Legal Question in Credit and Debt Law in Virginia

Arbitration

I have an outstanding credit card bill that I have been unable to pay that is around $5,400.00. I hired Nationwide Asset Services to negotiate the account for me, but have had no success. I have received an Arbitration Notice from an Attorney to respond or an award can be entered against me. I live in Virginia and the documents talks about the agreement being made in Delaware. My husband is disabled and on SSD and I am the only one that works. However, my husband's name is not on the Notice only my name is. Question is do they have the right to come to an agreement with out me and under the laws of Virginia what are my rights?


Asked on 4/12/07, 11:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Arbitration

If it's an arbitration proceeding for which you do not appear, the arbiter will likely make an award in favor of the card issuer for the amount of your arrearages as well as other costs such as attorney's fees plus interest and any other applicable costs.

The award can then be presented to a Virginia court by a Virginia attorney retained by the creditor for entry as a judgment against you. The judgment creditor will then seek enforcement of the judgment which could involve a levy againstr your bank account(s, filing a lien to encumber your property, as well as other measures to enforce the judgment.

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Answered on 4/12/07, 11:15 pm


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