Legal Question in Credit and Debt Law in Virginia

Re: Judgement against me

First, of course, it is not a prosecutor in a civil case. This is only a civil lawsuit.

Second, when people say they have "paid this" frequently the creditor is asking for additional interest or costs. So the creditor does not agree that you have "paid this" if they think there are additional items on the account such as interest that have not been paid. So I would advise you to demand a complete accounting of what charges they say are on your account and what payments they record receiving from you, to figure out how they calculate the total.

If you discover that you have not really paid it all, you should make arrangements before the court date, to avoid a judgment on your record.

If you did not ask for a bill of particulars, and there is still a month or so before the trial date, you can file a motion for the judge to order a bill of particulars. That means that the creditor must give you complete information about the debt and how they calculate the debt. Specifically tell the judge that you are saying you paid and you specificaly want a detailed accounting of payments.

Third, you could issue a "subpoena duces tecum" to the collection agency to give you all of their records of payment, etc. You might also issue a subpoena to the plaintiff in the lawsuit. (I am assuming that is different.) Go to the clerk of the court and ask for the forms. While they will shy away from giving legal advice, they will usually show you how to fill out the form correctly.

If the plaintiff is not able to produce the financial records to show that you paid, they will probably lose in court.

The plaintiff has the burden of proof that you owe the money. They cannot simply say it, they must prove it. However if they have solid records (or so it appears to the judge) and you don't have any evidence, they might win.

Also, if you paid by check, your bank should be able to find the check, even it involves research

looking for a payee by that name, or a check by that dollar amount over a range of months.

ALSO -- You say you paid this in 2001? I would assume that that means the debt was even older.

If your original payment was DUE more than 5 years ago, then it is outside the statute of limitations. (3 years for a verbal contract)

At the trial, get up and object to the debt based on the statute of limitations. If you do not object, the statute of limitations will be ignored. You have to object to take advantage of the SoL.

If the judge has ordered you to file an "answer," DO NOT MISS YOUR DEADLINE or you will lose automatically. Call the court to be sure what the date is.