Not sure what a Warrant In Debt looks like? Here’s a Warrant In Debt form and example below: To initiate a debt collection lawsuit in Virginia, the debt collection company will need to fill out a document titled Warrant In Debt (Civil Claim for Money) and make arrangements to serve you with this document pursuant to Virginia Code § 16.1-79. This date and time typically appear in the upper right hand corner of the Warrant In Debt you receive from the sheriff or process server. However, the amount you save in filing fees may wind up being spent on gas and other travel expenses since, in order to dispute a Warrant In Debt, you need to appear before a judge on a specific date and specific time. That’s right: there is no filing fee to submit a Grounds of Defense in Virginia. You may also consider submitting SoloSuit’s Answer form to help you strengthen your case and assert your affirmative defenses.Īn advantage to Virginia's unique system is that you do not need to shell out money to respond to a Warrant In Debt. You can fill out this Grounds of Defense form and bring it with you to court on the date set forth by the Warrant In Debt. It is also a formal request for the plaintiff to submit a more detailed explanation of why you do owe it, known as a Bill of Particulars. However, if you plan to dispute the debt, you must go to court and submit a Grounds of Defense document.Ī Grounds of Defense gives you the opportunity to list your reasonings for why you should not be held liable for the debt. To prepare for your court date, you can fill out a Grounds of Defense and submit it to the court (or you can just wait to submit it in person).Ĭheck out this video for tips on how to win your debt collection lawsuit:Īs mentioned above, Virginia does not require a formal “Answer” to be filed into the case before the court date. So, if you want to avoid a default judgment and fight back against your Virginia debt lawsuit, you must prepare to appear in court on the date outlined in the Warrant In Debt. Then, the defendant (person being sued) must appear on that day to avoid a default judgment.Ī default judgment means you lose the cause automatically, and the plaintiff can garnish your wages or seize your property to get their money back. This means that the plaintiff (the creditor or debt collector that is suing you) must schedule a court date within sixty days of delivering the Warrant In Debt to the opposing party. After the warrant has been issued and delivered for service it shall not be altered, nor any blank filled, except by order of the court.” “A civil action in a general district court may be brought by warrant directed to the sheriff or to any other person authorized to serve process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding sixty days from the date of service thereof, to answer the complaint of the plaintiff set out in the warrant. While there is no deadline to respond to a debt lawsuit in Virginia, Virginia Code § 16.1-79 clearly states you must appear in court if you want to defend yourself in a debt lawsuit case: Respond to the lawsuit before the Virginia deadline This includes information specific to filing in Virginia, like state deadlines, forms, and filing fees. This article is designed to help make the process of responding to a debt lawsuit less confusing and easier by giving you a step-by-step overview of Virginia's legal debt collection process and how to respond. However, failing to take proper action could seriously penalize your bank account. Please understand that getting served with a Warrant In Debt does not mean you could be subjected to jail time. You may have taken note of the word “warrant.” This may sound like some sort of a criminal violation it is not. It is important to be proactive and learn what to expect when you’ve been sued for debt in Virginia.īelow, you will find helpful topics on how to answer a Summons for debt collection, which is referred to as a “Warrant In Debt” in Virginia. Your feelings of anxiety and stress are understandable, but they shouldn’t consume you or stop you from taking action. You may be struggling financially and are concerned about getting stuck in costly litigation, going to court, testifying before a judge, and so forth. Getting sued for debt in Virginia can be stressful and overwhelming. Virginia is for lovers, not debt collection lawsuits. You may also consider submitting SoloSuit’s Answer form to help you strengthen your case and assert your affirmative defenses. You can fill out a Grounds of Defense form and bring it with you in preparation for the court date. However, if you want to dispute the debt, you must show up in court on the date outlined in the Warrant In Debt. Summary: In Virginia, there is no deadline to file a response to a debt lawsuit.
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