#Bill of particulars virginia code#

Hire a Virginia Attorney: An attorney is permitted to appear on your behalf (you do not have to attend the hearing) on the date scheduled (or rescheduled as necessary).

You have the following options after you’re served with a warrant in debt: Defendants are not legally obligated to take any action on a warrant in debt in Virginia, but failure to do so can have dire consequences. As such, many defendants are familiar with the nature of the obligation before receiving a warrant in debt. Most warrants in debt are filed when previous collection attempts have failed. What to Do After You Received a Warrant in Debt in Virginia Any payments you make towards the outstanding debt will be considered and subtracted from the amount claimed before judgment is entered. Plaintiffs must include the amount of the original debt so you’ll understand for which obligation you’re being sued, and many plaintiffs will include additional information to help you identify the origin of the obligation. It’s common not to recognize the name of the alleged creditor as many debts are sold and resold to third-party collection or consolidation agencies.

The type of debt owed, i.e., whether under a contract, note (mortgage), or unpaid account balance.

The amount of the original debt owed including the interest rate and any claimed litigation cost and attorneys fees being sought.

This will be within sixty (60) days of service

The date and time you’re scheduled to appear before the GDC to dispute the debt.

The city/county and address of the General District Court where the warrant was filed and you may appear.

A warrant in debt should contain the following information about the claim:

The warrant is presented to either the sheriff or authorized process server for delivery to the alleged debtor.

#Bill of particulars virginia code#

Virginia Code § 16.1-79 authorizes creditors to file a warrant in debt in the debtor’s local General District Court, a lower-level court in the Commonwealth. Interpreting Warrant in Debt (Civil Claim for Money) Received from Virginia It acts as (1) a summons appear before the appropriate GDC on the date listed to dispute the claim and/or (2) notice that if you do not appear, formal judgment may be entered against you in the amount claimed.īut what does this mean for you and your business? What should you do to dispute a claim, and what are the legal consequences if a judgment is entered against you? The experienced Virginia business consumer attorneys at McClanahan Powers, PLLC, can answer all these questions and more. A warrant in debt serves as an expedited motion for judgment in Virginia. It means the plaintiff claims that you or your business owes them money. If you received a document titled “warrant in debt,” which is an outdated legal phrase loosely translating to “demand to secure money owed,” you’ve been sued in Virginia General District Court (GDC) to recover an outstanding financial obligation. But, while warrants are typically precursors to an arrest, search, or seizure in the criminal justice system, Virginia is one of many states that still utilize “warrants” in a civil context. Seeing your name as the subject of a warrant in debt is enough to make any business owner’s heart stop.