Legal Question in Credit and Debt Law in Virginia

Re: Credit Card Collections

They cannot garnish your wages without first obtaining a judgment -- certain tax liens and guaranteed student loans are the exception. In addition, if they do not already have a judgment, suit may be barred by the statute of limitations.

I urge you to discuss this with local counsel.

Re: Credit Card Collections

They would need to sue and get a judgment before they can garnish. The statute of limitations does not start to run until you default, so even if the charges are old, they are still timely. There is no reason from what you say that would indicate that the debt is non-dischargeable in bankruptcy.

Re: Credit Card Collections

the cause of action they'd sue on is called "open account". the statute of limitations begins to run as of the date of the LAST STATEMENT they sent you. not the last day you sent in a payment or charged anything.

the ex is liable both to the credit issuer and to you to half the extent you pay the joint debt and assuming there's no contractual reason why it should be otherwise (e.g., a p.s.a. or final decree of divorce to the contrary).

quick, pronto, send the collection attorney a demand for verification. you've got thirty days from the date of the FIRST communication you receive from the debt collector that contains a written description of your federal rights. read that description and demand verification of the debt, including any written evidence they rely upon to show that you actually owe money.