Legal Question in Credit and Debt Law in Virginia

what happens if you lose a civil law suit over a credit card debt


Asked on 5/05/10, 4:50 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

I am not 100% certain what you are asking in this, but I have done debt collection for 11 years (as well as defending against debt collection), so I think I can guess.....

If you go to court and lose a civil case, ANY type of civil case, lawsuit, dispute debt collection....

NOTHING HAPPENS.

Not that day, anyway.

We do not have debtor's prisons any more (abolishined in England hundreds of years ago).

If you lose, the judge enters an order (a "judgment") deciding that you owe the money.

The judge signs the order and puts it in the file.

You then walk out of the courthouse the same as you walked in.

Debt collectors will try to frighten you. Debt collectors often lie. Many people are afraid of what will happen to them in court.

But you will walk out of the courthouse, and nothing will happen to you... YET.

If htis is in General District Court, you can then APPEAL the judgment and get a whole new trial in Circuit Court. You have to file an appeal within 10 days. And you have to POST THE MONEY that you owe within 30 days.

Also, you can then PAY the judgment (the debt).

What if you cannot pay it all at once? Well, then you have to pay a little at t ime.

THEN the creditor can start to take some action.

They will report the debt (probably) to the credit bureau and it will go on your credit report.

They can then try to GARNISH (take money out of) yoru bank account.

If they know what bank you use, they can take money right out of yoru account.

THIS CAN GET SEROIUS.

If you need money from your bank account to pay your rent or your mortgage, and they take the money out of your bank account, then you will not have money to pay your rent or mortgage.

So if you think you will lose a civil case, you should take CASH out of your bank account and have enough money IN CASH to pay your rent or mortgage.

This can also be a problem if you have DIRECT DEPOSIT, because your money will keep going into your bank acocunt for several pay periods before you can change it.

Then the creditor can also GARNISH YOUR WAGES. THey can order you employer to pay a percentage of your wages to the creditor.

They can also order you to come in and answer questions about your finances.

But that is all. (If you don't show up to answer questions, the court can find you in contempt and that can be a problem.)

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Answered on 5/11/10, 3:35 pm


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