Legal Question in Credit and Debt Law in Virginia

Request for Contiuance

I have a civil court date for debt owed to a creditor. I am trying to request a contiuance so that I can prepare and seek counsil. How do I write a request for continuance or where can I find a ''form letter'' to help me write one. Thank you.


Asked on 7/10/07, 8:58 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Request for Contiuance

Normally, the "first return date" in General District Court is not the trial date, but a date to set a trial date. So you really don't need a lawyer there - if you don't have time to get a lawyer before then, the best thing to do is go and just ask for a trial date (of course, it is best to see a lawyer first if you can, as the case may be better off removed to circuit court, or it may be appropriate to file a motion to dismiss, but those are unlikely). Your trial date will usually be a couple of months out, giving you time to get a lawyer. When you set a trial date, ask the court to direct the plaintiff to file a bill of particulars, which is a pleading stating the claim in more detail. You may be directed to file an Answer and Grounds of Defense, so make sure you get a lawyer before that is due.

If this is not General District Court, disregard the above - and get a lawyer RIGHT AWAY.

In any event, it should not take too long to get a lawyer - depending on where this is, I may be able to help, or refer you to someone who can.

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Answered on 7/10/07, 9:40 am


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