Legal Question in Credit and Debt Law in Virginia

Plaintiff's Bill of Partic. did not calculate owed amount

I went to court for a warrant in debt and said I didn't owe the money. I also asked for a Bill of Particulars which I rec'd today. However, it did not list how they arrived at the $2,888 amount they are seeking, which I believe is crazy for a debt that was orig $500ish two or three years ago. It lists an ''orig'' creditor who assigned all right to the next creditor called ''prior'' (prior to current)and states that the ''prior'' sold its interests to the company now taking me to court. There is nothing attached showing that this is my debt other than they list an account no. I am willing to pay the $500 plus some, but their amount is unreasonable. I thought by asking for the Bill they would list where they got their figure. Now I have to answer and there isn't anything specific to answer. This is like a replay of the day trial was set. Do you owe the money and I said no. Is there a way to answer so they have to itemize their charges? Or do I answer as vague and duke it out in the courtroom? Thanks


Asked on 8/12/05, 9:41 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Plaintiff's Bill of Partic. did not calculate owed amount

Unfortunately, this is one of the silly games that goes on in Virginia courts. Most Bill of Particulars don't say anything. It is a joke.

Technically, there is a rule that says that the plaintiff CANNOT introduce any evidence that is not in the Bill of Particulars. So, you should object that the plaintiff will not be permitted to introduce any additional evidence or topics at trial not covered in the Bill of Particulars.

There is a rule that says this, but I'd have to go look up the rule number again.

In your case, that would mean they would be barred from explaining how they came up with the total. Being unable to prove that the total is due, they would lose beyond the $500 original principal that you agree on.

However, unfortunately, this rule is so often ignored that many judges do not know about it or do not take it seriously. So there is no guarantee that the judge will actually pay attention to the rule. But it is a rule in the Rules of the Supreme Court of Virginia that govern caes.

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Answered on 8/13/05, 9:09 am


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