Legal Question in Credit and Debt Law in Virginia

Warrant of debt

I recently received a Warrant of Debt from a plantiff representing a collection agency who supposedly bought my charged off credit card balance nearly 3 years ago. The Warrant of Debt I received in the mail today had a date and time to appear, but no case number, no signature, and no issue date. In fact, there was nothing on the warrant that was signed or initialed by anyone employed by the court in where I am requested to appear. The form came in the mail and was not served, and the letter was not even guarranteed mail. There is a signed affidavit in the packet that states that the original contract between myself and the original debtor is no longer available, and a statement claims that the affidavit is to be considered as if the contract still existed. Is this a ploy by the collection agency to get me to contact them or is this likely valid? Any help is appreciated. Thanks.


Asked on 3/10/05, 4:07 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Warrant of debt

Even so, the Warrant in Debt should be signed.

If you get served with an official copy, the

official copy should be properly signed.

You should definitely be there at the date and

time mentioned. However, get to the court

early (more than 30 minutes early) and ask to

look at the official court copy of the case.

See if there are any defects noted by the judge

before you volunteer to respond to the case.

All of the other items you mention, such as the case number, should be filled in on the offical copy that is served on you by the Sheriff.

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Answered on 3/10/05, 10:19 pm
Daniel Press Chung & Press, P.C.

Re: Warrant of debt

It's likely a real lawsuit. Under Virginia practice, a copy of the Warrant in Debt is required to be mailed to the defendant before or upon filing. This mailed copy is for notice only, and is NOT valid service. However, service may be effected by posting and other ways other than handing it to you, so be careful. You should see a lawyer promptly.

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Answered on 3/10/05, 4:43 pm


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