Legal Question in Credit and Debt Law in Virginia

Re: Judgement court date coming up

You say that your daughter received something "from an attorney." If it was simply a letter, you have a right under the Federal Fair Debt Collection Practices Act to demand IN WRITING verification of the debt within 30 days.

However, you also mention something like a subpoena. If she received a "warrant in debt" or a motion for judgment, then her only right is to show up at court and deny that she owes the debt. You are free to communicate with the attorney and try to get it resolved. However, you cannot force the attorney to do anything. It is better to write letters than to use the phone, because letters will go in the file, whereas phone messages will be lost and forgotten.

What she should do is to show up on the court date and deny that she owes the money. The court will set a trial date. Then the creditor will have to PROVE that the money is owed and she is the right person. So the only time you can get a fair shake is at the trial when the creditor has to prove it. She might send a letter to the court now saying she denies owing the debt and asks for a trial. This is insurance against missing the court date, being late, being in the wrong courtroom, etc. But she should be sure to be in court no matter what.

Remember the attorney has no way to know whether to believe you over the telephone. So the attorney will be reluctant to make deals in advance of a trial because they are taking the risk that you might be lying. If you think it is the wrong person, you could send documentation to them that she is the wrong person. It might help.

About the interest rate: If the attorney has the original contract that your daughter signed, then they can enforce the interest rate that is written in the contract. Otherwise, the Court will award the current statutory rate which is 6% and will award this from the date of judgment (the day of the trial) and not from an earlier date. So it depends on what the contract says. Normally it's not an issue, but with credit cards the attorney may not have the contract with your daughter's signature, and then the contract's interest rate will NOT be enforced. Similarly, the judge will NOT enforce attorney's fees without the contract signed by your daughter agreeing to pay attorneys' fees.

About your car, it sounds like you loaned the money to buy the car. In that case, you are an actual lender and you would be ahead of any other creditor in claiming that car. Because you are her father, it would be suspect and you should be very careful to be honest about the amounts and details. I don't know the procedure to register this loan, but you might ask the DMV. Sorry.