Legal Question in Credit and Debt Law in Virginia

Re: Prepare a Summons To Answer Interrogatories

I think this question goes beyond asking about legal rights and opportuninties, so that people will not make mistakes or be taken advantage of, and really becomes a question of asking lawyers how to do a lawyer's work without paying the lawyer for his work. There are many questions that I think are important on this board to keep people from making a legal mistake. Most attorneys will counsel that they are giving general legal advice, but you should consult a lawyer about your particular details. Here, this type of very detailed question really asks "If I hired an attorney, what would the attorney do if he were present?" as a direct substitute for having an actual attorney.

Some questions are obvious. But an attorney might see opportunities from certain information, that would be intertwined with the attorney's legal knowledge about how to follow up and would be dependent on each case. An attorney would be listening to the answers and considering what type of enforcement action would fit with each fact or circumstance.

However, you don't need to have the list of questions to file the Summons. Your question sound like you are trying to come up with the questions before filing the Summons. That is not necesary. You can attach a list of REASONABLE documents you would like the person to bring with him, and that must be attached to the Summons.

Concerning the bankruptcy and judgment question, I have not looked at it recently, but as I believe a judgment in circuit court is good for 20 years and is NOT renewable. You have 20 years and that's all. A judgment from general district court is good for 10 years, but it can be renewed to last for 20 years. Everyone always does this by docketing the judgment in circuit court.

A bankruptcy cancels any unpaid debts that are outstanding (unpaid) at the time the bankruptcy is confirmed. However, there are exceptions to what debts can be discharged, depending on what the debt arises from. For example, some types of debts arising from a divorce or child support cannot be discharged in bankruptcy. A lawsuit from a malicious act (like beating someone up in a bar brawl) are not dischargeable.

Furthermore, bankruptcy law is far from simple in that regard. The trustee will take what assets the person has and attempt to distribute them to pay off as many of the unpaid debts as possible. So, after exemptions that protect some of the debtor's assets, even in bankruptcy you might get paid some of your judgment. It depends on the person's financial situation.

However, federal bankruptcy law trumps state law with regard to any debts. So the controlling factor is bankruptcy law, and nothing else matters once a debtor goes into bankruptcy.