Legal Question in Credit and Debt Law in Virginia

Debt Collections

I am about to come to the end of a lease this March 31st and I helped out my room mates with some rent and utility money ($16,000 total, between the three of them). They don�t seem to have any sense of urgency to clear the debt. I had them sign a Promissory Note from Legal Zoom. What course of action could I possibly take if they do not pay by the notes termination date?


Asked on 2/24/09, 6:25 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Debt Collections

Well, the only option that exists legally is a lawsuit. Of course you can try to persuade them. It helps to try to figure out if their reluctance is lack of scruples or lack of money. They still need to pay, but a lawsuit won't create money out of thin air, so it is something to consider. (You would have 5 years from the due date to file a lawsuit.)

I don't know what Legal Zoom is putting in their promissory notes, so I have to make some guesses about that, such as whether they included a confession of judgment provision (probably not) or arbitration provision (I hope not).

You can sue in General District Court for amounts up to $15,000, and this is much easier to do than in Circuit Court.

You say the total is around $16,000, but I would imagine that you would be suing each of the 3 separately for the amount owed by each of them separately. If that is the case, then you could bring 3 suits for less than $15,000. (Note: Although some lawyers do it, you really cannot split up 1 claim against 1 debtor into multiple suits in the GDC.)

To better preserve your position (not saying it is not preserved already), you should provide the roommates with a written demand for payment listing the total amount due, as I understand it is a running total of sorts, I think.

If you do this in person, you should have a witness with you when you do it. Without giving lots of reasons why, this is VERY important. Ask your roomates if they think that the total is correct and get them to be specific.

Try to use a witness who may be around for 6 months to a year and may be willing to come to court if it comes to that.

You are certainly very generous and I wish that I had friends and family willing to extend that much credit for such help.

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Answered on 2/24/09, 6:47 pm


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