Legal Question in Credit and Debt Law in Virginia

Contractor filing Warrant in Debt after three years.
General contractor rebuilding my home after fire promised home completion by June 30, 2002. Insurance company notified of promised completion date and indicated that their responsibility for ''living expenses'' would end on that date. I informed contractor ( in writing ) that if home was not completed on schedule, they would be responsible for living expenses incurred through completion. Next 2 months, NO progress on house. Moved into ''budget'' motel after insurance stopped paying ''living expenses'' and lodging ( at high end hotel ) and itemized all living expenses, mileages, etc. When home finally completed in mid-August, I sent letter to contractor itemizing expenses incurred and, as previously warned ( also in writing ) deducted the expenses from the final bill. Instructed them to respond in writing and I would send check for remaining balance.
Today, 37 months later, a ''Warrant in Debt'', for me from the contractor, was received via regular U.S. Mail at my Mother's home in PA. for the total amount due. No contact was EVER attempted at my residence ( the same home that the contractor worked on in 2002 ).
Still have all receipts and list of ''living expenses'', all letters sent to contractor and pics showing construction progress.

Asked on 9/01/05, 8:56 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Contractor filing Warrant in Debt after three years.

Your first response should be to ask for a Bill of Particulars (BOP)which will require the plaintiff to spell out in detail the basis for the amount he is claiming in the warrant that you owe.

When the BOP arrives, it will then most likely

be time for you to arrange to see a lawyer who should be able to advise as to how you can most advantageously proceed to defend yourself in this lawsuit.

Answered on 9/01/05, 9:09 pm

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