Warrant in Debt

[teacherinva]

What is the name of your state? Virginia

 

[teacherinva]

I live in Stafford County. received a warrant-in-debt via regular mail for a cash advance company based in Tennessee (Advance Financial 24/7) for $4200 + $1200 in court costs and additional fees. Venue is Prince William County although I live in Stafford County and until next week worked in Spotsylvania County the past 13 years. I thought it might be a collections ploy since nothing has been delivered regiteewd or in-person, but yesterday what looked like an unmarked police car handed me the same warrant-in-debt, so it appears to be legitimate.

About the debt: is a company I have borrowed from in the past and have paid previous loans in full. I am not 100% certain how much this company claims I still owe. Original loan amount was around 3-4K and interest 360% and they consider it a cash advance. At one time they took out $1400 from my bank account (roughly the minimum payment) without authorization. I had sent letter s to the company asking to stop all electronic withdrawals while we try to work out a solution. I had not heard back again until this warrant.

Court date: Sept 10

My questions:

1) Dismissal due to wrong County. Is this even something I can consider? At the very least I would think I could file a motion for a new venue to buy me some time. a

2) Now what? So say I get the charge dismissed or the venue changed. I imagine the creditor will merely refile in the correct county. Do I fight the charge by asking for a trial and bill of particulars? They are based in Tennessee, so perhaps the distance could prove an ally? Is there any point in trying to negotiate with the creditor now at this point?

Thank you in advance for any help understanding my options (if any)

 

[adjusterjack]

Couple of quick questions:

1 - Is this small claims court or regular court.

2 - Does the summons ask you to file a written answer or just appear in court on 9/10.

3 - When did you default on the loan? Approximate month and year will do. Perhaps shortly after the $1400 payment.

 

[quincy]

In Virginia, a warrant in debt in is a lawsuit for money filed against you in General District Court.

Here is general information on warrants in debt and an organization where you can find legal assistance:

https://www.valegalaid.org/resource/getting-sued
You can always try to settle the debt with your creditor. A reasonable settlement can save you, and the creditor, money if the lawsuit can be dismissed before trial.

You can also request of the court a transfer of the case to the area where you live but, in Virginia, a lawsuit can be filed anywhere in the state.

 

[PayrollHRGuy]

Original loan amount was around 3-4K and interest 360% and they consider it a cash advance. At one time they took out $1400 from my bank account (roughly the minimum payment) without authorization.

I'm very sure they had your authorization.

 

[quincy]

I'm very sure they had your authorization.

It would help if teacherinva would gather together and read over all loan documents and receipts for payments from this company prior to negotiations. I agree that automatic withdrawals from accounts have generally been authorized in writing by the debtor.

 

[teacherinva]

Couple of quick questions:

1 - Is this small claims court or regular court.

2 - Does the summons ask you to file a written answer or just appear in court on 9/10.

3 - When did you default on the loan? Approximate month and year will do. Perhaps shortly after the $1400 payment.

Regular court

Summoned to appear. No boxes checked for must appearing to dispute

About this time last year (Oct/Nov)

 

[teacherinva]

I'm very sure they had your authorization.

That is their belief obviously.

 

[teacherinva]

That is their belief obviously.

Thank you all for the input. I’m not pretending to be innocent here. I did borrow money. I need to pay the principle back with a legal but reasonable interest and just wanted advice what I need to do now. It sounds like talking to the lender is still the best option, but not sure how far I’ll get now that they have served and don’t want to just roll over and start garnishing my wages.I wondered if requesting changing venue is reasonable to buy time and if I should get a lawyer, appear and ask for bill of particulars (stall), or what? Thanks again for your time and sorry about typos (have to use phone, no laptop)

 

[Zigner]

The more you stall for the sake of stalling, the greater the costs.

 

[quincy]

Thank you all for the input. I’m not pretending to be innocent here. I did borrow money. I need to pay the principle back with a legal but reasonable interest and just wanted advice what I need to do now. It sounds like talking to the lender is still the best option, but not sure how far I’ll get now that they have served and don’t want to just roll over and start garnishing my wages.I wondered if requesting changing venue is reasonable to buy time and if I should get a lawyer, appear and ask for bill of particulars (stall), or what? Thanks again for your time and sorry about typos (have to use phone, no laptop)

You need to answer the complaint within the time allowed but you can motion the court for a change of venue. It will be more convenient for you to have the court hearing(s) close by.

You can contact the creditor at any time to try to settle the matter. If you head over to the Debt Collections section of this forum, you will see a "sticky" thread written by TigerD (Missouri attorney, former debt collector) on how to negotiate a settlement. It could be worthwhile for you to read the tips on negotiating that are provided there.

 

[teacherinva]

You need to answer the complaint within the time allowed but you can motion the court for a change of venue. It will be more convenient for you to have the court hearing(s) close by.

You can contact the creditor at any time to try to settle the matter. If you head over to the Debt Collections section of this forum, you will see a "sticky" thread written by TigerD (Missouri attorney, former debt collector) on how to negotiate a settlement. It could be worthwhile for you to read the tips on negotiating that are provided there.

Thank you for the tip on what I need to read. Will do so. Much appreciated!