Legal Question in Credit and Debt Law in Virginia
Warran in Debt
I have been issued a warrant in debt for a charged off credit card. I initially notified the credit card company that this was a fraudulent debt and never heard anything back. I refused to pay any payments and now the assignee is suing me for the amount owed. I am self employed, no job, no assets other than a financed vehicle with my current spouse as co-owner, should I appear in court and continue to deny the debt? What should I do?
1 Answer from Attorneys
Re: Warran in Debt
You should file an Answer and Grounds of Defense, requesting a Bill of Particulars(BOP) from the plaintiff, and citing what you've referenced above in your defense, and then attend the scheduled court hearing, bringing with you(hopefully) a copy of your written denial based upon your claim of fraudulence and any other applicable defenses. (And. of course, it may be assumed that you did make your denial of liability in writing and not merely over the telephone and that you have prudently retained a copy of this most important document for your records. Correct?)
No one, not even a person with no job and minimal assets, needs a bogus and undeserved judgment for a phony debt on his or her record.
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