Legal Question in Credit and Debt Law in Virginia

Re: debt validation

You put in your subject heading "debt validation" so I am worried that your attorney is asking you for an AFFIDAVIT to validate the debt (very common, and best practice) rather than a power of attorney. You should make sure you understood correctly. An affidavit to validate the debt is very important and necessary.

For routine legal matters, such as collection of a debt, a Virginia attorney should NOT need a power of attorney signed by you. I have handled several hundred, possibly a thousand, debt collection cases in 11 years as a Virginia attorney, and I have never needed a power of attorney from a client.

However, you have not told us what exactly the attorney is doing for you. There are situations where you would want to give a power of attorney such as to buy or sell land or enter into some contract. So I don't know for your question if there is a valid reason for needing a PoA or not. But for routine legal matters, it is normally not required.

If an attorney wants one, that should be okay. But make sure that the terms of the power of attorney are strictly limited to the purpose, and do not give general, sweeping powers on all matters.

What IS required and very important (in addition to a signed "fee agreement" -- contract for the attorney's legal services), is that you sign an AFFIDAVIT swearing under oath that the facts in the lawsuit (or other action) are true, and that the debt is owed.

If the attorney has your sworn affidavit, then you can get a default judgment (if the defendant does not answer). But if you do not give a sworn affidavit, then you will have to travel up to Virginia and testify. (You might have to do that anyway if the defendant asks for a trial.)

Re: debt validation

If you hire an attorney to represent you in a matter, he or she can file papers in court, send letters, etc., but not withdraw money from your bank account etc without a power of attorney. When you hired the lawyer, did you think the lawyer could sell your house?

Re: debt validation

I don't agree. I don't think any person automatically has power of attorney without something signed to that effect (ie, usually a document called a Power of Attorney, or a document that has power of attorney language in it specifically authorizing the attorney to sign specific documents for you).