Legal Question in Credit and Debt Law in Virginia

I live in Virginia and a judgment was done without giving proper notice to me. Because I didn't know there was judgment against and really what the even was, I began paying a collection company because they claimed they would garnish my wages if I didn't. I paid this collector $3500 before realizing I could take the to court. My judgment got vacated. Then they filed again and served me properly this time. They did their bill of particulars and I did my grounds of dense. They have now non-suited their warrant in debt. I believe they can still refile with in 6 months, but how do I get the $3500 I've paid them back?


Asked on 1/09/14, 3:35 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If this collector refiles its non-suited case, then file your counterclaim against it for the $3500 + costs, and , if it doesn't, then you could still file your own warrant in debt against it on the grounds that this judgment was a nullity at law and therefore an invalid basis for the company's claim that it could garnish your wages if you didn't pay it, and, furthermore, a means by which it could unjustifiably enrich itself at your expense.

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Answered on 1/10/14, 8:55 pm


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