Legal Question in Credit and Debt Law in Virginia

Re: Received Garnishment Letter From Creditor

Two things glared out at me from your question: first, a garnishment happens only after you've been sued - how is it that you didn't know you were being sued; and how is it that the creditor has a good handle on where you are now, but never gave you notice of prior proceedings? Sounds like you've got some grounds for getting the judgment vacated and/or your own judgment against the collection agency or attorney.

Mr. Southward suggested you call the creditor's attorney to get certain information, but if you got proper notice of a garnishment, all that information is on the papers they sent you. I suggest that you avoid having any contact with the creditor, their collection agency, or attorneys at all. Call the clerk of court for the court listed on the top of the suggestion in garnishment, and get what information you can about the case, when the judgment was entered, etc.

Feel free to contact me directly by email if you have further questions. I'd be interested to know more about this one. You MUST take action before the return date listed on the papers to get it cleared up. The only thing the court will consider on the return date is whether you filed an exemption claim form and whether your claims are valid. If you didn't even know you were being sued, you've got some other issues that need to be addressed before that happens.

Re: Received Garnishment Letter From Creditor

Generally, when you purchase a home, the title company performs a search for judgments against you. If there are any, then they can be liens against your property. However, these liens generally only attach if the judgment is in the county in which you own property. So if the judgment is from another county, it is possible that the title company didn't catch it because they ran their search only in the county you are purchasing in.

It is not strange to receive something only from the creditor, in fact, that's who sends it. You should call the creditor, find out what court the suit is in and then call the clerk of that court to verify the debt. The creditor generally has to provide verification of the debt, but you should request this in writing.

If you have already been approved for the loan, then they didn't catch this judgment. Call the creditor and make payment arrangements once you have verified the debt. If things get to be more murky than this, you should talk to an attorney who deals with consumer debt. If you need assitance, our office deals with consumer debt.