Baffled by Judgment

[tperk100]

What is the name of your state? Virginia

I own a small corp. I filed filed a Warrant in Debt on behalf of my corp to collect money owed under a contract with a consumer. The defendant had written a check to the corp for the proper amount however it was returned for insufficient funds. I spent a lot of time an effort tracking down and unsuccessfully pursuing payment. I went to court on behalf of my corp. I am not an attorney. I had asked for a judgment of $750, which included the contract amount of $295, $190 time spent attempting collection (per the signed contract) and $250 pursuant to Va Code

( 8.01-27.2. Civil recovery for giving bad check. In the event a check, draft or order, the payment of which has been refused by the drawee because of lack of funds in or credit with such drawee, is not paid
in full within thirty days after receipt by the drawer of written notice by registered, certified, or regular mail with the sender retaining an affidavit of service of mailing or other sufficient proof of mailing, which may be a U.S. Postal Certificate of Mailing, from the payee that the check, draft or order has been returned unpaid, the payee may recover from the drawer in a civil action brought by the filing of a warrant in debt, the lesser of $250 or three times the amount of the check, draft or order. The amount recovered as authorized by
this section shall be in addition to the amounts authorized for recovery under § 8.01-27.1. No action may be initiated under this section if any action has been initiated under § 18.2-181. The drawer shall be obligated to pay the cost of service and the cost of mailing, as applicable. )

I was very surprised to receive a judgment that included ONLY the contract amount, court costs, and interest. When I asked the judge he would not tell me why I could not recover for my time or under the VA Code referenced. He simply stated that he did what he was bound to do under the law and that I should have consulted with an attorney.

Can anyone explain to me why this happened? Where did I go wrong?

Thanks much

 

[FlyingRon]

I was very surprised to receive a judgment that included ONLY the contract amount, court costs, and interest. When I asked the judge he would not tell me why I could not recover for my time or under the VA Code referenced. He simply stated that he did what he was bound to do under the law and that I should have consulted with an attorney.

Are you an attorney? You can't bill you time as legal costs if not.

 

[racer72]

Where exactly in the statute does it reference the collection for time spent attempting to collect on the debt? I don't see it listed. It appears the judge gave you everything you asked for that was within the scope of the law.

 

[tperk100]

Sorry, I copied the wrong statute. Here is the correct one.

§ 8.01-27.2. Civil recovery for giving bad check. In the event a check, draft or order, the payment of which has been refused by the drawee because of lack of funds in or credit with such drawee, is not paid
in full within thirty days after receipt by the drawer of written notice by registered, certified, or regular mail with the sender retaining an affidavit of service of mailing or other sufficient proof of mailing, which may be a U.S. Postal Certificate of Mailing, from the payee that the check, draft or order has been returned unpaid, the payee may recover from the drawer in a civil action brought by the filing of a warrant in debt, the lesser of $250 or three times the amount of the check, draft or order. The amount recovered as authorized by
this section shall be in addition to the amounts authorized for recovery under § 8.01-27.1. No action may be initiated under this section if any action has been initiated under § 18.2-181. The drawer shall be obligated to pay the cost of service and the cost of mailing, as applicable.

Asking for time spent is per the terms of my contract with the consumer.

 

[ForFun]

Sorry, I copied the wrong statute. Here is the correct one.

§ 8.01-27.2. Civil recovery for giving bad check. In the event a check, draft or order, the payment of which has been refused by the drawee because of lack of funds in or credit with such drawee, is not paid
in full within thirty days after receipt by the drawer of written notice by registered, certified, or regular mail with the sender retaining an affidavit of service of mailing or other sufficient proof of mailing, which may be a U.S. Postal Certificate of Mailing, from the payee that the check, draft or order has been returned unpaid, the payee may recover from the drawer in a civil action brought by the filing of a warrant in debt, the lesser of $250 or three times the amount of the check, draft or order. The amount recovered as authorized by
this section shall be in addition to the amounts authorized for recovery under § 8.01-27.1. No action may be initiated under this section if any action has been initiated under § 18.2-181. The drawer shall be obligated to pay the cost of service and the cost of mailing, as applicable.

Asking for time spent is per the terms of my contract with the consumer.

Did you send the required written notice that the check had been returned unpaid? If so, did you wait at least 30 days after such notice to begin proceedings?

What did your Complaint look like? Did you plead everything correctly...add attachments of the contract...etc?

 

[tperk100]

Yes, yes, yes. I am meticulous about documentation and procedure.

Do you suppose that the judge was not cooperating because I am not an attorney and I was "representing" a corp?

BTW, I have successfully handled cases exactly like this in the past....in other courts in our area.

 

[lizjimbo]

Service is accomplished by the court

Are you reading the "cost of service" to mean the effort you expended. The cost of service is the cost the court expends on servicing or presnting the warrant to the other party. This is a cost included in your filing of a warrant in debt.