Legal Question in Credit and Debt Law in Virginia
My daughter and son-in-law are 12 months behind in making payments on a loan I provided them. The amount remaining on the debt is some $12,000 of a $21,000 loan. I am a resident of Georgia; they of Virginia Beach. Apparently, there is a procedure called "debt warrant" that needs to be invoked to begin proceedings for garnishment of my son-in-law's wages (he's retired military and has an excellent-paying job as a civil servant in VAB). Does the $12,000 debt fall within the purview of suing in small-claims courts for either garnisheeing his pay or forcing him to begin repayment; is there a statute of limitations on a personal debt such as this?
Thank you.
Robert
1 Answer from Attorneys
No, there is a $5000.00 limitation on claims filed in a Virginia
small claims court.
In your situation, you would need to file your case in the regular general district
court which has a jurisdictional limit of $15,000.00 in order to first
obtain a valid and enforceable judgment agaisnt your Virginia debtors after which
you could have a Summons in Garnishment issued out of the general district
court to your son-in -law's employer(and your daughter's as well--if she has one).
Yes, most debts in the Commonwealth are subject to a statute of limitations
and the one referenced here is probably five years(assuming it was executed
in writing).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
