With a court order in hand, the debt collector can also get direct access to money in your paycheck or bank account through wage garnishment or a bank account levy. In this case, it’d be a court order for you to pay what the plaintiff claims you owe. If you don’t respond to Warrant in Debt, you risk losing the lawsuit by default.Īs mentioned above, there is a notice section in the Warrant in Debt that explains that failing to appear at the scheduled hearing can lead to a judgment. What Happens if You Don’t Respond to the Lawsuit? Be sure to meet any court-ordered deadlines in the meantime! And always contact the court if your address changes. Your trial may be several months from your initial appearance. The judge will make a decision at or after the trial. At the trial, you’ll essentially tell your story, again, to the judge in person (or remotely) after the plaintiff tells their side of the story. At this point, you should have a good idea of why you’re being sued and how you’re going to try to stop it. It might sound intimidating to go to a trial, but the trial will be scheduled after you’ve gotten the Bill of Particulars and filled out the Grounds of Defense. While you’re at the initial court hearing, you can ask for a trial along with your request for a Bill of Particulars to learn more about details of the debt the plaintiff alleges that you owe. Step 4: Ask for a Trial and Await Next Steps You can usually do this in person or via mail, but call the clerk of the court listed on your forms to verify your options. That’s also your deadline for filing a copy with the court. You need to do this by the date listed on the top of the Ground of Defense form. You can send the form in the mail or deliver it in person. You should be able to find the plaintiff’s name and address on the Warrant in Debt. The final portion of the form is the “Defendant’s Certificate.” When you sign and date this, you are telling the court that you sent a copy of the form to the plaintiff or their attorney. You Must Deliver a Copy of the Grounds of Defense Form to the Plaintiff This could be in the form of receipts, billing or account statements, correspondence with the creditor or debt collector, a credit report, or anything else that helps illustrate your claim. You don’t owe the debt because you were wrongly identified as the debtor or because of an identity theft issue.īe sure to include proof to back up your defenses and affirmative defenses. The debt is too old and the statute of limitations has expired. Here are some common affirmative defenses in debt lawsuits: These are reasons that the plaintiff shouldn’t win whether or not their claims are true. But you can also use affirmative defenses. If you write that you deny the claim(s) against you, this is simply raising a defense. The second portion of the form labeled “To the Defendant'' is where you write in your defenses to the claims the plaintiff has brought against you. The person or company suing you (or the lawyer representing them) is the plaintiff. The top portion of the form lists the court name and location and the names of the parties in the lawsuit. Each of their claims against you is listed in numbered sections. This is a formal court document that the plaintiff fills out to explain why they think you owe the debt. Be prepared to request this from the judge. This is an important and easy way to make sure that the plaintiff must explain exactly why they believe you owe the debt and must prove that they, in fact, own the debt and can legally collect on it. This is done in an official document called a Bill of Particulars that the plaintiff can be ordered to fill out and file. ![]() You can also ask the court to order the plaintiff to give you more detailed information about the debt they claim you owe. It’s still a good idea to dress formally (like you would for a job interview), arrive early, and address the judge as “your honor.” Step 2: Ask for More Detailed Information on the Debt It’s an opportunity for you to let the judge know that you don’t agree with the claims against you. This initial appearance isn’t run like a trial. If the hearing date or time doesn’t work well for you, call the clerk of court to ask what you need to do to reschedule it. You must show up to the hearing if you want to respond to the plaintiff’s (the person suing you) claims against you. The Virginia Warrant in Debt will list the date, time, and place of your court hearing. ![]() It can be broken into the following steps:Īttend the scheduled hearing (listed on the Warrant in Debt).Īsk for more detailed information about the debt.Īsk for a trial and await next steps from the court. ![]() Virginia has a unique process for responding to debt lawsuits. Get Started with Upsolve How Do You Respond to a Virginia Warrant in Debt?
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