Legal Question in Credit and Debt Law in Virginia

Re: how do i submit a counter claim or counter sue to a wrongfull warrant of debt?

You say that your two previous attorneys "both laughed.they wont(sic)take the case because it is so clear they that they dont(sic)have an(sic)case and feel that I could argue this case just as well as they could..."

If all the foregoing is true and correct, then why haven't you done so(defeated your adversary in a legal forum)----all by your lonesome and without the aid of counsel?

Re: how do i submit a counter claim or counter sue to a wrongfull warrant of debt?

Without knowing the details of WHY you think

the Warrant in Debt is not valid, it is a little

hard to give you very meaningful advice.

In general, it is very hard to counter-sue

(counter claim) for a lawsuit. If the judge

feels there is the slightest possibility that

a claim might be valid, it is up to the judge

to decide, and the case needs to be heard by the

judge. So judges don't feel it is wrongful to

have them decide who is right.

However, there is a statute Va. Code 8.01-271.1,

which requires that in order for a lawsuit to

be filed, it must be (a) well-grounded in fact,

(b) warranted under existing law (or a good

faith argument to expand existing law which is

exceedingly improbably in most lawsuits), and

(c) not filed for an improper purpose (which is

not well-defined in Virginia law).

If you can convince the judge that the warrant

in debt was EITHER (a) not well-grounded in fact

OR (b) not warranted under existing law, the

judge may impose sanctions under 8.01-271.1.

The normal measure of sanctions is your attorneys

fees. However, the judge is authorized to

impose ANY measure of sanctions. Therefore it

does not need to be your attorneys fees (since

you don't have any).

Again, I don't know why you say the lawsuit is

not valid. But assuming you are right, you should file a motion (both to the court and the

plaintiff) asking for sanctions under Va. Code

8.01-271.1.

NOTE: It is NOT good enough to say that you

don't owe the money. That's what the judge is

supposed to decide. You have to show that they

KNOW, already, that you don't owe the money.

That they could not reasonably believe that you

owe the money. Their position is UNreasonable,

or a result of carelessness or a failure to

investigate.