Legal Question in Credit and Debt Law in Virginia

Warrant in Debt

I recently received a warrant in debt based in contract (for dental services).

I do not dispute the entire debt, but I am not sure I owe the entire amount � approx $350 plus costs and atty fees.

The contract the plaintiff is claiming we had is some small print (possibly smaller than 10 pt) at the bottom of a form that I signed.

1) Can I claim the contract is invalid for lack of consideration?

2) Is the contract (or clause) invalid if the type is smaller

than 10 point?

3) Can I require that the plaintiff provide detailed proof of the debt, including a complete detail of all transactions in my account?

4) Also, is there any way to answer in writing to eliminate the need to appear? (warrant states that the defendant should appear for a trial date to be set - not to try the case)

5) Would you recommend making a good faith partial payment when I appear on the return date?

6) Can I have the case removed to the small claims division, thereby forcing the plaintiff to represent himself (instead of having an attorney?)

Thank you for your assistance.


Asked on 11/14/02, 1:21 pm

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

Re: Warrant in Debt

[1) Can I claim the contract is invalid for lack of consideration?]

No, not if you received dental services.

[2) Is the contract (or clause) invalid if the type is smaller than 10 point?]

No.

[3) Can I require that the plaintiff provide detailed proof of the debt, including a complete detail of all transactions in my account?]

At trial, they will have to prove that. If you ask for a "Bill of Particulars" at the return date, and expressly request this statement, they will have to provide it.

[4) Also, is there any way to answer in writing to eliminate the need to appear? (warrant states that the defendant should appear for a trial date to be set - not to try the case)]

Generally not. Of course, a lawyer could appear for you. In some courts, you can call and ask that a trial date be set, and you may be able to get the plaintiff to agree to set a trial date and waive your appearance.

[5) Would you recommend making a good faith partial payment when I appear on the return date?]

Why not offer that to settle the whole thing? Call up the plaintiff's lawyer and make an offer to settle.

[6) Can I have the case removed to the small claims division, thereby forcing the plaintiff to represent himself (instead of having an attorney?)]

No. It works the other way around (small claims cases are removable as of right to the regular general district court).

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Answered on 11/14/02, 1:38 pm


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