Legal Question in Credit and Debt Law in Virginia

breach of contract

i notified a credit card company i could not make the 12-01 payment.. However, i had insurance that would make the payment. they defaulted. the credit card did

not contact me as to the problem. i assumed the bill had been paid. i did not receive any statements for a few months then i received a collection lettter from

a collection agency. i thought it was a mistake and then imreceived one more letter, then a warrant of debt from a court outside my home county about 75 miles away.i counterclaimed on not being notified of

the insurance default. to my knowledge i had performed my end of the contract, the interest was up to 24+% and i have never had a contact otherthan a pre-approved application. the company invaded my financial privacy. i did not give them authority to research my financial records. i did not receive a bill from december 2001 until may 2002(i believe). i

believe this is a violation of the rico act. any advice? the date for litigaton is april 12, 2002. however, i have federal jury duty and will request a continuance. any help appreciated.


Asked on 1/12/02, 11:54 pm

1 Answer from Attorneys

John Sawyer Sawyer & Azarcon, P.C.

Re: breach of contract

Your casse is extremely complicated. The insurance defense and violation of privacy claims do no appear to have merit. You do have venue objections and a third party claim (not a cunterclaim) against the defaulting insurer. I encourage you to consult with local counsel.

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Answered on 1/13/02, 9:47 am


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