Legal Question in Credit and Debt Law in Virginia

Collection Agency

In May of 08 I lost my husband and his income. I immediatlly got an attorney to help me with a loan modification. I also did not want to file bankruptsy so i went into a debt settlement program for my credit cards. I have 4 in the program have settled . One of the remaining is in collections and the company does not want to hear that they just want the card payed. I told them i would send them my settlement funds they said its not enough.My debt to income ratio is in the negitive each month yet they still tell me they will get a warrent in debt than a garnisment and of course have threatened a lien againist my home. If it comes to all this will a judge here in virginia consider my debt to income and take into consideration that i am trying to make good on this debt or issue the judgement and lien?


Asked on 5/26/09, 1:45 pm

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

Re: Collection Agency

Unfortunately for you, if the matter comes before a judge, your debt to income ratio will likely have little to do with whether or not the court will enter a judgment against you. What will count most importantly is whether the plaintiff can prove its claim(s) against you by a preponderance of the evidence in terms of what they allege that you owe.

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Answered on 5/29/09, 12:06 am


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