Legal Question in Credit and Debt Law in Virginia

Warrant of Debt received

I received a warrant of debt in Virginia on a loan I took out in Michigan on 5/04. The loan was due in 10/04. I am willing to pay the principal and interest but the collection charges have more than doubled the amount I owe, which is the main reason I have not paid it prior to now.

a few concerns: 1. W-I-D says Open Account and Contract - I signed a promissory note; 2. Promissory note says any claims, actions or demands may be brought in the courts in the State of Michigan (specifies the county) under Michigan law - the Warrant of Debt was filed in Virginia.

Can I claim the case has been filed in the wrong venue?

What is the best method for negotiating on this prior to the court date or is there one?


Asked on 3/21/09, 1:45 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Warrant of Debt received

If you live in VA, do you really want to litigate in MI? If you took the loan out there, it's probably more convenient for the plaintiff to litigate there anyway. As for the WID, a note is a contract. And unless the note says that venue must be exclusively in MI, they can choose to sue you where you are. Perhaps a better approach would be to offer to settle for what you say you are willing to pay.

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Answered on 3/22/09, 12:13 pm


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