Legal Question in Civil Litigation in Virginia

debt owed

in '03 I let my sister & her husband use my credit card, they agreed verbally to pay it off by Dec '03. It's now 2007. they have been habitually late on monthly payments to me, after the 1st 8 -10 months being late I informed them in writing I would be charging a $35 lafe fee. I have much documentation on this matter. At the end of '04 all past due payments and late fees were paid. Some late fees in '05 & '06, I just recieve a money order for the bal on the credit card, but they are refusing to pay the remainding late fees I charge them for having to tie up my personal funds for their debt to protect my credit. They have been late with payment 16 out of the past 24 months. Do I have a chance of winning if I take them to small claims court? I've been more than patient and they've gotten things they wanted during this time and not made payments to me for months at a time. It's time someone puts them in their place. Can you help with advice?


Asked on 3/14/07, 10:31 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: debt owed

It may be time for someone to "put them in their place", as you put it,

but you as a close family relative, in the interest of future family harmony, are not likely the one best positioned to do it.

Better forget about the late charges and be content with your recovery of the principal on the loan. (Furthermore, late charges are an item usually associated with avaricious credit card issuers rather than loans between family members.)

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Answered on 3/14/07, 11:02 am


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