Legal Question in Credit and Debt Law in Virginia
filing a warrant in debt for an amount exceeding $15000
I am separated (divorce not finalized) but I am attempting to collect money from my estranged wife to help pay the mortgage payment - otherwise, the house will go into foreclosure soon.
The Stafford County, VA Circuit Court clerk's office informed me there is no form to issue a warrant in debt at this amount and said I would have to research it or speak to a lawyer. So - how do I file/issue a warrant in debt in Stafford County, VA Circuit court to my estranged wife?
She is half owner (on the deed and loan), so she is equally responsible for the debt and her half would amount to $20,760 / yr. Also, since she didn't pay anything from her income in 2007 toward the mortgage (as she left me in Jan 07 and moved to Florida), I would want $20,760 in REARAGE payments - totaling $41.520.
2 Answers from Attorneys
Re: filing a warrant in debt for an amount exceeding $15000
Is there a divorce case pending? This may need to be addressed in terms of a property settlement. I suggest contacting an attorney.
Re: filing a warrant in debt for an amount exceeding $15000
A warrant in debt is a Virginia pleading designed for use in the general district court with a jurisdictional limit of no more than $15K. The proper pleading for such a matter as yours in the circuit court is now by way of complaint(for judgment).
However, considering the fact that your spouse now apparently resides in Florida and that a divorce may be (if not already) pending between the two of you, a more realistic approach(as already suggested by attorney Strupp) would be for you to collect your claimed arrearages through the divorce property disposition/settlement process rather than through direct litigation involving your wife's apparent default on her mortgage note obligation.
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