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Trial venue change and Asset statement form in Virginia

Date: Tue, 03/02/2010 - 15:41

Submitted by Nasim1267573302
on Tue, 03/02/2010 - 15:41

Posts: 17 Credits: [Donate]

Total Replies: 5


My wife recently got a warrant of debt from Capital One Bank to appear Richmond county court but we live in Prince William County. She wrote letter to the judge to change the venue of the trial with the reason that credit card was not opened in that county and that county is out of our residential jurisdiction. Also she can not drive that far with a little baby. Is it a valid reason to transfer the case? Or she should write any other reason. She mailed it just by First class mail. This credit card debt is in her name, absolutely nothing related to me. Will this debt affect me in future? If judgement goes against her, will it affect my income ? Currently she is unemployed and I an working. Can the judgement creditor garnish my salary? I saw California Asset statement form that askes spouse's place of employment and income. Is this something concerning? How can I get a Virginia Asset statement form just to see the questionares. Please advice me. Thanks a lot...Nasim


California is a community property state which may require the spouse to be responsible for the debt incurred by another spouse if the debt was incurred after marriage. But, Virginia doesn't fall under this category. So, her debt mightn't affect your score or your wage.


lrhall41

Submitted by SC on Tue, 03/02/2010 - 23:48

( Posts: 3937 | Credits: )


Hi Nasim,

I don' t think there is so much to get worried about. It' s true that, Virginia doesn' t come under community property jurisdiction, so your' re on the safer side.Moreover, your wife' s debt is not going to have any direct impact on your credit score, income and neither it' s going to garnish your earnings.


lrhall41

Submitted by Chris Samuels on Wed, 03/03/2010 - 03:26

( Posts: 174 | Credits: )


Quote:

Originally Posted by Nasim1267573302
My wife recently got a warrant of debt from Capital One Bank to appear Richmond county court but we live in Prince William County. She wrote letter to the judge to change the venue of the trial with the reason that credit card was not opened in that county and that county is out of our residential jurisdiction. Also she can not drive that far with a little baby. Is it a valid reason to transfer the case? Or she should write any other reason. She mailed it just by First class mail. This credit card debt is in her name, absolutely nothing related to me. Will this debt affect me in future? If judgement goes against her, will it affect my income ? Currently she is unemployed and I an working. Can the judgement creditor garnish my salary? I saw California Asset statement form that askes spouse's place of employment and income. Is this something concerning? How can I get a Virginia Asset statement form just to see the questionares. Please advice me. Thanks a lot...Nasim


the others gave spot on advice in regards to your concerns about the potential garnishment.now the question of venue is cut and dried.you must be sued in the county you reside in.bringing up the baby was okay,but uneccesary.i would keep up on this as if they don't change the venue.you can get any judgement vacated for improper venue.cut and dried they have to sue you in prince william county not richmond county.


lrhall41

Submitted by paulmergel on Wed, 03/03/2010 - 05:10

( Posts: 15514 | Credits: )


I wrote letter to the honorable judge mentioning the improper venue. The letter was in simple first class mail. I was much worried about receiving of the regular mail. Looks like it worked. Judge did not give any verdict. Trial date already passed and when I check the status of the case online in that court, the result column is empty. Neither plaintiff or dismissed. What does it mean ? After few days, I got letter from another law office for the same debt telling unless you dispute within 30 days, it is a valid debt. First time it was directly by credit card company sueing in the wrong venue. After my dispute with improper venue, now it is with a different law office. What should I do ???? Please advise...Thanks a lot.


lrhall41

Submitted by Nasim1267573302 on Tue, 03/23/2010 - 17:35

( Posts: 17 | Credits: )