Legal Question in Credit and Debt Law in Virginia
Warrant in Debt
How long before the trial date should they serve the defendant with the warrant in debt [placed on Apartment Door] , is there a minimum required period ?
What should I do if I think the statute of Limitations has passed on that credit card debt ? I keep reading about it, but don't know how to mention it in court without admitting that it is my debt ?
1 Answer from Attorneys
Re: Warrant in Debt
The date which appears on this warrant is not the trial date but the first appearance date in court for the parties involved. If you're a defendant in such a case, you should appear at the scheduled date and time on the warrant and, if you're contesting the debt, you should request that the court order the plaintiff to provide a Bill of Particulars(BOP)regarding the important and relevant details of the alleged debt.
Then, when you write your Answer and Grounds of Defense and file it with the court, you must be sure to raise the statute of limitations in this responsive pleading as one or more of your defenses to the claims of the plaintiff. (The statute of limitations defense must be raised in your Answer or it is waived.)