warrant in debt

Yes the judge should be lenient just make sure that you show up for court so they do not get a default judgement. Tell them your financial situation and perhaps the judge will order the attorney to work payments out with you, every state is different on how much they can garnish. What state are you from? Many go for the full amount of 25% but in your situation perhaps they will do only 15% as was in my sister's case.

What state do you live in? That way I can post your state's judgement exemptions.

VIRGINIA STATE LAWS

Interest Rate: Legal:8% Judgment:9% or contract rate whichever is higher

Statute of Limitations
Open Acct:3 Last charge or payment
Written Contract:5
Domestic Judgment:20
Foreign Judgment:10
Sales of goods under article 2 is 4 years

Bad Check Laws (civil penalty): Lesser of $250 or three times check amount

General Garnishment Exemptions: See federal law below.

Federal Garnishment Exemption

Federal Law exempts from garnishment 75% of disposable earnings per week,
or an amount = to 30 x federal minimum hourly wage, whichever is greater.
Where federal law provides larger exemption, it supersedes any state law.




VA Exemptions

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. Virginia permits every householder exemption of real and personal property from creditor process arising out of a debt, an amount up to $5,000.00 in value, and an additional $500 in value for each dependent. (VA Code 34-4.) In addition, Virginia provides certain enumerated poor debtor's exemption. Some of these exemptions include the family Bible, wedding and engagement rings, family portraits and heirlooms not to exceed $5,000.00 in value, burial ground, wearing apparel, household furniture and furnishings, book, tools, and motor vehicle not to exceed $2,000 in value. (VA Code 34-26.) Court award or settlement proceeds from personal injury or wrongful death actions generally are also exempt. (VA Code 34-28.1.)
In a bankruptcy proceeding, a debtor, who is a resident of Virginia, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even if the federal exemptions may be more beneficial in his situation. (VA Code 34-3.1.)

Here's a link to the overview of the SCRA:

http://www.defenselink.mil/ra/mobil/pdf/scra_info-paper.pdf


http://www.defenselink.mil/news/newsarticle.aspx?id=31078

Bumping for an update.

I received a Warrant in Debt in the State of Virginia from current husband. It was as he put it for remodeling my home. The judgement he is seeking will be marital assets and will be included in our divorce in which I will be retaining a Lawyer May 1, 2009. I go to court April 21, 2009. Will the judge continue this based on my concerns of it being marital assets?

My husband was taken jugement against and is on disabilty and me also. We are unable to pay this debt. What now?

well this sounds like to me that you may be uncollectable. maybe someone else can come across and post more. Im under the impression that they cannot garnish disability, and scince this is your only income you are probably uncollectable. but i could be wrong. maybe me bumping this thread, someone with a little more knowledge will be able to verify this.

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While doing a routine check of my credit last month, I was surprised to find a court judgment for a Warranty of Debt from an extermination company that I had a contract dispute with. The Warranty of Debt was issued in May of last year. When I filed a complaint against the company with the BBB, I discovered that the Warranty of Debt was "posted". We never received any notice of court proceedings and would certainly have gone to court to dispute this. I know that there is a limited amount of time to appeal, but after checking the Virginia statute for "posting" a Warranty of Debt summons, I discovered that the company issuing the summons was supposed to also send by mail a copy of the Warranty within 10 days of the court date. We did not receive any letter either. Do we have any recourse?

Atty for Dell has filed a Warrant in Debt for an old balance. The Atty contact me once about 2 years ago and I sent a letter with a $20.00 check asking them if Dell would accept $20.00 per mo. No answer and no response. Now I have to go to a hearing next month. I have cancer, had surgery, going thru chemo and radiation. I now have it in my pancreas. I'm on Social Security Disability. Will the judge releive me of this debt or what should I expect?

Do you need a lawyer to get a warrant of debt on someone? We have renters who are not paying and have been ordered to get out.

My son is at basic training. He took care of all of his bills before he left. One of the bills with a law office did not take the payment out of the account. They always call for approval before the money is taken. No phone call was made. My son cannot access his cell phone and the customer service rep mis typed the home phone number by one digit. They said they could not make contact. One look on whitepages and they would have had the correct number. My daughter in law called them about ten days later to ask why the payment did not come out and made the payment at that time. She was told everything was fine. Can she make the law office honor what was set up with her husband before he entered basic training?

I was served a warrant in debt in Virginia and am set to go to court in July. I will no longer be in this area, I start a new job at the beginning of the month. We have looked into hiring an attorney to handle this for us, as there is some question about the validity of the debt. If I do not appear and judgment is made against me, what is the worse that can be done. This is for a $3000 medical bill. One of 4 accounts with the same office, 3 of the 4 accounts were paid in full and this one was not mentioned and I did not know about it until I was served the warrant.

What if I have a Warrent in Debt in Virginia but I don't have a job? How should I handle?