Guarantor Personally Liable Under Note ‘Carve-Out’
A non-recourse promissory note guaranteed by defendants has a “carve-out” that covers transfer such as liens that arose when defendant failed to pay city utility bills on the apartment complex...
View ArticleVeterans, Unemployment Benefits Exempt from Creditor
A Richmond Circuit Court dismisses a judgment creditor’s garnishment action against a debtor who has properly claimed exemptions in veteran’s benefits and unemployment benefits. The creditor cited as...
View ArticleLandlord Garnishes Guarantor Bank Account
In a lessor’s efforts to collect from the guarantor on a furniture store lease by pursuing a garnishment action against guarantor’s bank account, the Supreme Court of Virginia affirms the trial court...
View ArticleLawyer Fees Approved for Default Judgment
An Alexandria U.S. District Court Magistrate Judge says the court has jurisdiction over defendant debtor, who has been properly served, and the magistrate judge recommends default judgment pf...
View ArticleLender’s Damages Claim Goes to Trial
In a lender’s suit to collect on real estate loans to two separate defendants, the Richmond U.S. District Court grants summary judgment to plaintiff on defendants’ uncontested liability; however,...
View ArticleJudgment Debtor Wins Back Garnished Wages
A judgment debtor who owes $343,260 to Trident Systems Inc. for breach of fiduciary duty, misappropriation of trade secrets and violating the Virginia Computer Crimes Act wins back $2,135 garnished...
View ArticleGuarantor’s Cross-Claims Cover Different Issue
As plaintiff bank settled its collection action on a Promissory Note by settling with six guarantors and jointly moving for a voluntary dismissal, a Norfolk U.S. District Court says a defendant who...
View ArticlePACER Search Supports Fee Request
Although defendant guarantors question whether a senior associate has enough experience in federal court to justify his $325 hourly rate, an online search shows over 20 federal cases in which he is...
View ArticleCourt Dismisses Student Loan Debtor’s FDCPA Claim
A woman who defaulted on her 1991 loan to attend Yale School of Nursing has her suit alleging the U.S. Department of Education violated the Fair Debt Collection Practices Act by taking payments from...
View ArticleBank’s Interest Had Priority Over Tax Lien
In a case in which the bank acquired its security interest under a deed of trust before the IRS filed a tax lien, but recorded the security interest after the tax lien notice, the bank has priority...
View ArticleNo ADA Claim for Student Debt Collection
A lender trying to recover $4,444 in student loan debt from plaintiff wins summary judgment in plaintiff’s suit in Alexandria U.S. District Court alleging the lender’s ostensibly routine collection...
View ArticleCompany, Pro Se Borrowers Liable on Notes
A Charlottesville U.S. District Court says defendant company and two individual defendants, all of whom defaulted on two notes for loans from plaintiff trust company, are liable for deficiencies of...
View ArticleBuyer Sues Over BMW Repo
As there is a factual dispute over whether plaintiff purchased her BMW in the ordinary course of business, the Alexandria U.S. District Court denies defendant finance company’s motion for summary...
View ArticleBanks Want Arbitration for Payday Loan Claims
A plaintiff who has filed a putative class action seeking to avoid collection on payday loans he obtained online has his case sent back to the district court, as the 4th Circuit says the trial court...
View ArticleBank Must Try Claims Against Guarantors
A bank suing debtor hotel partnership and its individual guarantor debtors is not entitled to summary judgment as there remain disputed factual issues concerning conduct of a foreclosure sale,...
View ArticleCar Buyers Lose Claim for Repo Relief
The 4th Circuit affirms a district court decision rejecting plaintiff car buyers’ suit for relief from defendant creditors’ alleged violation of repossession notice requirements under Maryland consumer...
View ArticleGarnishment Summons Quashed for Non-Final Order
A Fairfax Circuit Court grants defendant’s motion to quash garnishment summons in five separate proceedings; because the judgment order against defendant was an interlocutory order that did not resolve...
View ArticleNo Defenses to Confessed Judgment
A Fairfax Circuit Court denies defendant’s motion to set aside a confessed judgment of $703,363.96 on a promissory note defendant executed for a loan by plaintiff; although defendant says the parties...
View ArticleCreditor Liens Attached to Tax Refunds
Defendant debtors held a fixed property interest in their respective 2015 tax refunds as of midnight on Dec. 31, 2015, and plaintiffs’ liens of fieri facias attached to those funds; the Rockingham...
View ArticleCreditor Had Proof Burden in Garnishment Action
In this dispute over SunTrust bank’s response to a garnishment summons to cover a judgment obtained by a landlord against a furniture store and its guarantor on the lease, a circuit court erred by...
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