Legal Question in Credit and Debt Law in Virginia

Re: Warrant in debt

WHEN did he not appear? If it was less than 10

days ago, he should go TOMORROW MORNING to the

courthouse and ask the Clerk of the Court for

the General District Court for the forms to

APPEAL the case. He has only 10 days.

Actually, first, I should ask if he agrees that

he owes the money. Although he can get a whole

new trial, as if the first case never happened,

it may be a waste of time if he will not be

able to challenge some or all of the debt,

because it is correct. But if it is not correct,

he can get a whole new trial.

YES, the creditor's attorney can garnish his

wages, and can garnish your bank account as well.

First, of course, they have to find out what

bank you use and/or where he is employed.

Although I would encourage you to pay off the

judgment (if it is valid) as fast as you can,

including because of interest, and because it is

the right thing to do, I would recommend some

immediate measures to protect you against them

taking the money TOO fast and disrupting your life.

1) Immediately take out as much money as

possible in CASH, and try to build up enough

CASH to pay the rent or mortgage. A real danger

is that they can garnish your bank account,

which will freeze your bank account. Then you

will not be able to pay the rent or mortgage,

and you will get evicted and thrown out on the

street. This is a real tragedy and I have seen it

happen, not often, but just once is one too many.

So try to go to a cash economy until you

know you have enough cash always on hand to pay

next month's rent or mortgage.

2) If you have direct deposit, cancel it

immediately.

3) When you can do it smoothly, change banks.

4) If the debt is only your husband's, have

separate checking accounts, in DIFFERENT banks, one with only your name on it and try to keep

all the money there.

The problem is that Virginia law has a

serious problem in it. If they garnish his

salary, then Virginia law protects at least 75%

of his salary, and maybe more than that. They

can only take 25% of his salary above a certain

minimum amount.

However, once you put that same paycheck

into the bank, they can take 100% of the exact

same money from out of the bank account. That is

completely stupid, but that is the law as it now

exists.

5) Another thing you should do is write to them

and propose a monthly payment plan. Do not

give them any information in such a voluntary

letter about where you work or bank. DO NOT

SEND CHECKS which tell them where you bank.

But if they feel that you are working with them voluntarily to pay it off every month, then

maybe they will not do anything else. It is possible that they will say "no" your payment

plan is too small. Then they will take "debtor's

interrogatories" and learn his financial situation

under oath, and then AGREE to the SAME payment

plan that they earlier rejected without having

all the facts.