Legal Question in Credit and Debt Law in Virginia

Re: Collection Agency Dispute

First, be careful with such bills. Sometimes creditors will list the original charges and then they will list "Charge-off" or "Write-off" and list a negative amount reversing the charges. THIS DOES NOT MEAN YOU DON'T OWE THE MONEY. This is simply moving the charges from the current books to "bad debts." In effect, they are transferring the account to collections. So it is possible that the bill is showing a $0 balance because they have moved it to collections.

Generally speaking collection agencies are only ASKING you to pay them. They have no power to do anything legally. So they can ask you to pay, but it really does not mean anything.

Because they are only ASKING for money -- and you can simply say "NO" -- usually you would not have a reason to sue them.

However, debt collection is regulated under a Federal law, the Fair Debt Collection Practices Act. If the debt collection agency violates the FDCPA in various ways, such as harassing you at work after being told not to, etc., then you might be able to sue them.

If they KNOW that the debt is not legitimate (because you told them, with evidence from THEIR client; THEIR client told them no money is due) that could be a violation of the FDCPA and you could sue them. But you would have to study up on the FDCPA.

NOTE: If you sent information to "A" debt collection agency a year ago.... make sure this is not a DIFFERENT debt collection agency. Creditors often pawn off unpaid accounts from one agency to antoher to see if someone can squeeze juice out of a rock.

The Clerk's office at the court house will NOT give you legal advice, because they are not licensed attorneys. The Warrant in Debt form they gave you is the correct form to file a lawsuit up to $15,000. If you ask them where information goes on the form, they will tell you a lot. But if you ask "How do I...?" they will freeze up and say "We can't give you legal advice" (and they can't).

To fill out the WID form you will ahve to find the registered agent for the defendant in Virginia, or else fill otu forms to serve the Secretary of the Commonwealth, which is a pain. Ask for forms for service upon the Secretary of the Commonwealth to serve an out-of-state defendant.

Re: Collection Agency Dispute

I would strongly suggest you retain an attorney to help you. Claims under the Fair Debt Collection Practices Act and Fair Credit Reporting Act are not typically done via Warrant in Debt (state court). Instead, they are done in federal court. I would be happy to consult with you for free and/or refer you to someone who does these cases.