Legal Question in Credit and Debt Law in Virginia

Re: Pay debt before hearing

Contact the plaintiff's attorney and make the payment through him/her, so that there will be no issue about communicating to the attorney that the case has to be dismissed.

Re: Pay debt before hearing

If you do not dispute the debt, the time to act is NOW. If you pay the debt before the hearing debt, not only will the case be dismissed but it MUST be dismissed (because it is moot, to put it simply). So if you pay the debt before the hearing date, the attorney CANNOT get a judgment against you, because there are no losses.

The attorney will want to wait and see if your check(s) actually clear the bank. So the sooner you act the better.

If you need a payment plan, you should contact the attorney immediately and propose one. Or if you need a little more time. It is better to write a letter, because these law firms get swamped with phone calls and won't remember half of the phone messages. But a letter will go straight into the file.

You can pay either the original creditor or the attorney. You can write the check payable to either. However, if you send the check to the provider of medical services, it is possible that they will FAIL to TELL the attorney. This happens! So the attorney could go to court and take a judgment against you out of ignorance. Mail a photocopy to the attorney also, if you send the money to the medical provider. In fact, for that matter, why not file a copy with the court as well? Make sure you put a cover letter that identifies the court's file number and the plaintiff and the defendant, so they will know where to file it.

If you need time to pay, most attorneys will postpone "continue" the case for a couple of months, maybe longer, to give you time to pay. But it is ultimately their client's decision. Remember it is NOT the attorney's money. It is their client's money.

Also, a question you have to look at is if the attorney is asking for attorney's fees and/or a high rate of interest.

To get more interest than 6% from the court date, your signature must be on a contract (which might be one small paragraph on a form about something else) EXPLICITLY AGREEING to a higher interest rate. If they send you a bill stating at the bottom that interest applies, this does NOT count. You must have signed something AGREEING to a higher interest rate. They cannot simply tell you unilaterally.

The same is true with attorneys' fees.

So you may want to propose that you will pay the principal in full but you dispute some or all of the other charges. At least see what they say. Send the principal amount as soon as you can, and then tell them (IF) you are disputing the rest, or if you are willing to pay some part of the other charges.

You WILL have to pay the court filing fees if it goes to court, so you may as well agree to pay that.