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AnswersFrequently asked questions
Straight answers to the questions Virginians ask us most about debt-collection lawsuits, garnishment, credit reports, and what it costs to fight back.
If your question isn’t here, the fastest way to a real answer is to tell us what happened — the first case review is free. For a deeper read on any topic, browse our guides or the useful terms page.
Being sued over a debt
A Warrant in Debt is a civil collection lawsuit, not a criminal warrant — no one is being arrested. The single most important thing on it is the return date. Appear (or have a lawyer appear) and say you dispute the claim, and the court sets a trial date; miss it and the creditor can take a default judgment that day. Our Warrant in Debt defense page walks through the whole process.
It depends on the court. A General District Court Warrant in Debt gives you until the return date printed on the form. A Circuit Court suit generally gives you 21 days from the date you were served to file a written response. The deadlines are short and unforgiving, so it is worth getting the paperwork reviewed quickly — ideally before your court date.
The plaintiff asks for a default judgment and usually gets one — the court accepts the claim as true without testing it. A judgment lets the creditor pursue wage garnishment or a bank levy. Showing up costs you a morning; staying home can cost you a judgment.
They can file, but if the debt is past Virginia’s statute of limitations you have a defense that can defeat the suit — and suing on a debt the collector knows is time-barred can itself break the law. The trap is that a single payment can restart the clock, so check the dates with our free statute of limitations checker before you say a word to a collector.
Garnishment and what they can take
Only after a creditor wins a judgment against you. Even then, the law caps how much each paycheck can lose — generally the lesser of 25% of your disposable earnings or the amount above 40 times the minimum wage — and Virginia’s homestead exemption can protect more. Our garnishment calculator estimates the bite on your actual pay, and we move to stop or reduce garnishments.
Yes. Exempt income — Social Security, SSI, veterans’ benefits, unemployment, child support, and most retirement pay — is off-limits to ordinary creditors, and banks must automatically protect two months of directly deposited federal benefits. Exempt does not mean automatic, though: you may still have to claim the exemption to get the money back.
Often, yes — but the clock is short. A bank garnishment grabs whatever is in the account at once, with no 25% cap, but exempt funds, the federal two-month benefits shield, and Virginia’s homestead exemption can pull money back if you act before the return date.
Credit reports and identity theft
Often, yes. If you disputed an inaccuracy and it wasn’t fixed — or your file was mixed with someone else’s, or it shows accounts from identity theft — the Fair Credit Reporting Act may give you a claim against the bureaus and the companies reporting the bad information.
Yes. The FCRA gives consumers a private right of action against bureaus and furnishers. You can recover your actual damages — and, where the violation was willful, statutory and even punitive damages — plus your attorney’s fees, which the violator pays. Our credit-report errors page explains how these cases work.
Often not. The Fair Debt Collection Practices Act bars harassment, threats, lies, and calling third parties to reveal your debt. More than seven calls in seven days about one debt is presumed harassing. Violations can entitle you to damages, and the law can make the collector pay your attorney’s fees.
Working with the firm
The first case review is free. Many consumer-protection claims also shift fees: the FCRA and FDCPA can require the company that broke the law to pay your attorney’s fees when your claim succeeds. We’ll explain exactly how fees and costs would work for your situation during that first review — no obligation.
We represent consumers across central, eastern, and piedmont Virginia — within roughly two hours of Richmond — from our base in Glen Allen, and have appeared in Virginia’s state and federal courts since 1999. Find your city or county or your local court.
No. We handle matters by phone, email, and in the courts where your case is heard, so you don’t need to travel to us. Call 804.592.0792 or send a confidential message to get started.
These answers are general information about Virginia and federal consumer law, not legal advice about your situation, and reading them does not create an attorney–client relationship. Deadlines and dollar figures change — talk to a lawyer before you act.
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