Legal Question in Consumer Law in Virginia

How do I write a grounds of defense?

My son bought a used car, the car broke down the same day he bought it, it broke down a total of 3 times s all in under one week's time. He got the car back to the dealer and when asked if my son could return the car because it kept breaking down the used car dealer said yes, my son then asked to be reimbursed the deposit he put down only to be told he could return the car but couldn't get his deposit back. My son then received a letter from the car dealer saying that he owed over a thousand dollars on the car and that the car was listed as repossed which we don't understand since he returned to the car due to the fact it was not in good working order and he has a witness that will verify that the car dealer agreed to take the car back plus the amount the car dealer claims he owes is more than what the agreed upon price and not including deducting the deposit amount. He has been trying to rectify this issue and now it has gone to court and he has to write a grounds of defense and so far we can't find information to help us write a grounds of defense. What format do we use in a grounds of defense and are there any forms to use? Any help would be greatly appreciated.


Asked on 2/14/03, 12:05 pm

2 Answers from Attorneys
Daniel Hawes Hawes & Associates

Re: How do I write a grounds of defense?

First thing I'd do is look up the Virginia Consumer Protection Act, section 59.1-200 and -204 in the code, which you can find in the reference section of every public library in Virginia. Note, in particular, that you can receive an award of attorneys' fees if you have to hire an attorney to help you handle any case in which a retailer violated the Act.

If you have to write a grounds of defense, that means the case was brought in the Circuit Court; if your case is in the General District Court, then the pleading you need to file is called an "Answer and Grounds of Defense".

Legal forms are not check-the-box-fill-in-the-blank type forms, they're simply examples of the format and style of the document. There are forms you can use, see the books in your local law library called "Virginia Forms".

Be sure you file your pleading on or before the date it's due, with a copy mailed to the lawyer for the other side. Take a duplicate to the clerk's office and ask to have the copy file-stamped for your records. If you don't file on time you can lose the case just for that reason.

Be sure you respond to the allegations of fact in the Motion for Judgment or Bill of Particulars, as appropriate, in numbered paragraphs. You have to either admit or deny everything they say against you. If you can't either admit or deny, say "denied" and explain your answer. At the end of all that, stick in a paragraph called, "Affirmative Defenses" and include a complete description of the facts you intend to prove at trial to show that you don't owe the money. (Be sure you're up on the law of evidence and civil procedure before you go to trial.) Then (optionally) stick in a paragraph entitled, "Counterclaim" and ask the court to award you however much money you think the plaintiff owes you.

Be prepared to respond to discovery requests and to file your own discovery requests.

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Answered on 2/14/03, 1:25 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: How do I write a grounds of defense?

If in fact the dealer is treating the return of the car as a repossession and has reported it as such to one or more of the major credit reporting agencies, your son in the counterclaim paragraph

may wish to make a claim for damages to his credit

rating as a result of this adverse and inexcusably false report from the dealer.

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Answered on 2/14/03, 4:53 pm


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