Warrants in Debt Attorney Alexandria VA
Everyone who lives in Virginia at some time or another must deal with warrants in debt. A warrant in debt is a summons to come to court and answer for an alleged wrong, whether it be an unpaid debt, contract dispute, or some injurious act. If you need to file or have been served with a Warrant in Debt in Virginia please find a civil law attorney who can help you if you live near Fairfax, Loudon, Arlington, or Prince William counties. They are used instead of a standard complaint because they are quicker to deal with than a standard lawsuit. However, this expediency comes at a cost as the limit you can ask to recover in a warrant in debt is $25,000.00. So if you need a quick recovery of any amount less than that amount, you should consider choosing it as your means of recovery.
Filing a Warrant in Debt
If you have been wronged by another person in a quantifiable amount of less than $25,000.00, a warrant in debt is the way to go. The warrant in debt is a standardized form that can be found on your court’s website or in person at your court’s clerks office. Simply fill it out with your information, the person who wronged you’s information, and the amount you have been damaged. You are not done yet, however. You also need to provide evidence of the alleged wrong. For this, you can provide an affidavit, the contract, receipts for your damages, and anything else that shows your damages. You will also need to fill out an affidavit that states whether the other party is in the military or not. Once you have all of these documents, you are ready to file. The cost to file a warrant in debt varies among courts but you should expect to pay up to $100. The fee usually also includes the fee for the sheriff to serve the alleged offender. Service is necessary to obtain a judgment.
Receiving a Warrant in Debt
If you receive a warrant in debt, do not panic, it just means someone is accusing you of wronging them. The first question you should ask yourself is how am I receiving this document? If you are being served by a sheriff or process server, or you found the warrant posted to your door, then you will have to go to court. If you receive it in the mail, or the person accusing you of wrongdoing hands it to you, then you can ignore as that person has not met their service requirements under the law. On the court date in question, the first thing that the judge will ask is “How was this person served?” and if there is no affidavit from the landlord or process server, the case will not move forward.
My Court Date
If you or your accused have been served correctly, don’t expect much from the first court date. The judge will ask the person being accused if they admit to the wrongdoing and the amount of damages. If the answer is no to either or both of those question, the court will pick a day for a trial. You will have to return on that date to fight the case and remember, the burden is on the accusing party to prove they were damaged in that amount in the manner alleged.
Bill of Particulars and Grounds of Defense
Occasionally, you will hear the judge order a Bill of Particulars and a Grounds of Defense in a given case. These are documents where the facts are spelled out for each party and the judge to consider. The person who filed the warrant must first file the Bill of Particulars and then shortly thereafter the person being accused files their Grounds of Defense. Either party can ask the judge for these pleadings and if either party fails to file theirs in time, it can be considered a default and that party could lose the case before trial.
Contact Us to Settle a Warrant in Debt
If you need help from a credible attorney who is experienced with situations like these, please give us a call at (703) 672-2165 to get the assistance you need or fill the form below.