Legal Question in Civil Litigation in Virginia
Regarding Warrant in Debt
My wife was recently sued by Warrant in Debt in a Virginia civil court and I believe this to be due to the fact that she was ignorant of court procedure. I would like to know if there is any recourse for appeal in such a matter.
A brief history: My wife was sued for breach of contract. She had witnessesto the fact that the equipment she contracted to purchase was defective and that she returned the equipment to the plaintiff who issued her what she mistakenly believed to be a receipt. She heard nothing further of the matter for two years, when she received a letter from an attorney representing the plaintiff. In court, it was demonstrated that the plaintiff's inventory and accounting records were incomplete and inaccurate.The plaintiff admitted his records were possibly inaccurate. My wife, however, did not know she could call herself as a witness and the plaintiff's attorney managed to keep several of her witnesses from testifying on her behalf.The judge ruled in favor of the plaintiff. He told my wife that she "should have had an attorney". Any information regarding how we might appeal this matter would be greatly appreciated.
2 Answers from Attorneys
Happy to Help if in Northern Virginia
If your wife is being sued in in Northern Virginia, we'd be happy to help.You can call the office at 703-691-1888 to schedule an appointment with myself orBill Lyden, another attorney in my office. The initial consultation fee is $75, and after that we bill at an hourly rate. The total anticipated charges can be discussedfurther at the initial consultation.office.
Short Time to Act
I don't know how "recently" the judgment against your wife was obtained, but Virginia Code Section 16.1-97.1 only allows you 30 days within which to request a new trial. Also, Virginia Code Section 16.1-106 only gives you ten days to note an appeal to Circuit Court.
The foregoing is not to be deemed the giving of legal advice or the establishment of an attorney-client relationship.
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