Legal Question in Credit and Debt Law in Virginia
What should I expect in an Interrogatory hearing?
The lawyer who bought my credit card acct from the credit card co has been issued a judgement against me in the amount of $3286.00, and they have sent a letter stating that if I do not pay the judgement, they will set up an Interrogatory hearing where I will have to disclose information about my belongings, finances, etc. I don't have the money to pay the judgemen and I understand that if I don't pay it, they will take it. I don't own anything. I'm currently paying on a loan for my vehicle, but the creditor's name is on the paperwork as well as my own. I live with and share a bank account with my boyfriend of 5 years, however, the balance in our account is never more than $50. The only time I deposit or write checks out of the account is to pay my bills. He pays our rent and electric bills. I pay our vehicle insurance, my car loan, and our cell phone bills. If I have to go to an Interrogatory hearing, do I need to take copies of statements, etc? Can this, in any way, hurt my boyfriends credit? Is this the type of hearing I would need a lawyer for? I know that in Virginia creditors can garnish up to 25% of my paycheck. Do they typically take the 25%, or is that something they base on your financial situation?
1 Answer from Attorneys
Re: What should I expect in an Interrogatory hearing?
If you're the debtor who has been summoned to appear for interrogtories, the only thing you need
to bring to the hearing is your willingness to truthfully (and accurately to extent possible)answer the questions which are put to you (most of which will concern the amounts and whereabouts of your assets).
Your boyfriend's credit should not be affected in any manner by your apparent credit problems.
You do not need a lawyer for this kind of hearing.
A garnishor in the Commonwealth will always take the 25% permitted by law if he can get it.
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