Legal Question in Credit and Debt Law in Virginia

Failure to repay a loan to a family member written agreement involved

In 1995, I paid off all the bills for my niece. I received a written agreement for monthly payments. All the bills were past due with 2 of them prepared to go to court. She has not made a payment to me since July 1999, the payments for July and August were returned by the bank for lack of funds. What is the law in Virginia concerning checks that were returned? I have filed suit in Maryland to obtain judgement but do not have a hearing until January 2000. If I obtain judgement here, I was told to take the court order to Va. What actually is the procedure to obtain judgement in Va.even though I live in Maryland. She owes me approximately $5000. Thank you


Asked on 11/07/99, 5:25 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Failure to repay a loan to a family member written agreement involved

There are criminal and civil penalties for bad checks, but you have filed in MD, which has different rules. It's probably not worth dismissing and refiling at this point.

Once you have your MD judgment, you can get a "triple seal" of it (a copy cetified in accordance with certain federal legislation), and file that in VA along with an affidavit containing certain information. That is docketed and mailed by the clerk to the debtor, and becomes a final VA judgment unless a motion to vacate is filed within 21 days.

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Answered on 11/11/99, 10:55 pm


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