Legal Question in Credit and Debt Law in Virginia

Re: can i request a trial

If you are talking about the first appearance date, the first time that the caes comes to court, then that is the purpose of the court hearing. They wil ask you if you agree with the claim or not. If not, they will set it for trial.

However, what you are asking is whether your ex-husband's responsibilty is a valid defense for your to avoid paying.

That really depends on the nature of the debt, and the contract.

Generally speaking, if BOTH of you were originally responsible for the debt, then the creditor can sue EITHER of you, usually based on (a) whom they can actually find, and (b) who actually has some money to get.

Your usual remedy would be to sue your ex-husband to pay you back for any money you pay to this creditor.

The deal between you and hour husband does NOT stop the creditor from you suing you, him, or both together, and getting money from anyone they can.

But if the original contract or the nature of the debt means that he is responsible, and NOT YOU AT ALL, then you may be able to defeat it.

It really depends on the situation that created the debt.

Re: can i request a trial

At the return date, you can request that a trial date be set. In fact, most courts do not try cases on the first return date. Of course, your ex-husband's liability may not mean that you are not also liable. If he agreed or was ordered in a divorce proceeding to pay this debt, it does not mean that, as to the creditor, you are not still liable.