Legal Question in Credit and Debt Law in Virginia

Re: Consumer Rights

You're asking in effect for a monograph of sorts

on debtors'(and therefore, conversely, on creditors') rights in the Commonwealth which would require far more space (not to mention time) that what is alloted and suitable for this BBS.

You can find out a great deal about this subject

beginning with your local library(and helpful librarian) as well as any of the law libraries

in your area which are maintained either by law schools or local bar associations and which allow access by members of the general public.

Re: Consumer Rights

If by "debt collectors" you mean a collection agency, NOT an attorney, they can take NO action

against you whatsoever, except to (a) call you

and ask you to pay, (b) write you and ask you to

pay, and (c) refer the debt to an actual attorney.

The first time a collection agency contacts you,

demand that they contact you only in writing,

and KEEP A LOG of when they called and when you

told them NOT to call you on the telephone.

In Virginia, you SHOULD make sure they have your

current address, because it can really hurt you

if a lawsuit is served on your OLD address, where

you might never know about it until it is too late.

If they refuse your demands that they stop calling

you, you can sue them for violations of the Fair

Debt Collection Practices Act (FDCPA).

As SOON as you have an address from them (theirs)

send them IN WRITING a letter saying that you

dispute the debt and that you demand verification

of the debt.

NOTE that the FDCPA allows the debt collection to

"assume" that the debt is valid if you do not

dispute it IN WRITING in 30 DAYS. What is the

effect of this...? NOTHING. It means NOTHING.

But it doesn't hurt to dispute it in writing.

Now, what can an attorney do? Nothing. Until

a lawsuit has been filed, you have been officially

served, and the attorney has actually WON the

lawsuit. It burns me up to hear of debt collectors threatening to garnish wages or such

nonsense. NOTHING can happen until the attorney

files, serves, and WINS a lawsuit.

(The obvious exception is repossession of a car that secures a debt or foreclosure, but those are special cases.)

If an attorney actually WINS a lawsuit, then, of course, they can do a lot to get the money from you. (Corporations can not go into court without an attorney. But some creditors might serve a lawsuit without an attorney. Object in court.)