Legal Question in Credit and Debt Law in Virginia

Debt Collection

I was in an accident (minor) about 1.5 years ago, in which I rear-ended another car. After one year, the other party's insurance agent sent me an invoice to pay (I didn't want to use my insurance) for $2,000, but no detail. I had repeatedly sent letters asking for detail. Then I got a letter from a law office in VA for collection. Eventually, they sent me some estimates, but no ''final bill''. Additionally, their letters would state that a court date was being set and that I ''could dispute in court that is my right''. Of course, I questioned this as well. Now I have received a letter stating that they have provided me the info (they haven't) and that a court date has been set for April 12. I have not received any other legal notice from any court. Can they do this?


Asked on 3/20/07, 4:35 pm

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Debt Collection

Can they file a lawsuit? It appears they believe you owe money and you will not pay. There is no general requirement that a party keeps up the back-and-forth with the other party prior to filing a lawsuit. Whether they prevail in the lawsuit, or there are specific facts to change the analysis, will be up to your lawyer. As they said, you have the right to dispute their claims in court.

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Answered on 3/20/07, 4:46 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Debt Collection

A letter from a collection agent is not the equivalent of a summons or notice to appear issued by a court. Until you are lawfully served with such, I would not be too concerned about disturbing any plans which you may have already made for April 12, 2007, to spend that day in ways other than at the local courthouse.

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Answered on 3/20/07, 5:20 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Debt Collection

You will need to be properly served regarding any court proceeding. However, if you are served they may bring a claim for amounts allegedly due. They will need to establish the existence of debt and you are entitled to dispute it.

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Answered on 3/21/07, 12:33 am


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