Legal Question in Credit and Debt Law in Virginia

warrant in debt summons

I have a student loan that defaulted in 1988. I have since been paying off and on. I recently asked for a copy of the original judgment that was placed back in 1989. The copy of the court papers shows that the date they tried my case was suppose to be the day the judge was to set another date for trial. This is the info on the copy of the warrant in debt summons that was sent to me back in 3-1989. My question is how could they have tried my case that day when they clearly mark the box on the summons that says (for the judge to set another date for trial)? Secondly, can I petition the court in richmond Va to vacate this judgment for that very reason?

Thanks for any help you give,


Asked on 11/10/07, 7:14 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: warrant in debt summons

The summons says that if you want to defend, you need to be there in person or through counsel. If you are not, a default judgment is entered against you.

But you may be in luck, as a 1989 general district court judgment, if it has not been renewed, is now expired.

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Answered on 11/10/07, 9:55 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: warrant in debt summons

So, after 20 years, you would now like to challenge the validity of this judgment for a defaulted student loan on which, apparently, you've been paying sporadically. It may be that in fact by virtue of these sporadic payments that you have in effect legally renewed and reaffirmed your obligation on this debt that otherwise might have expired.

I would suggest that you arrange for a consultation with an attorney who is conversant with these kinds of legal matters in order to review your pertinent papers and relevant attendant facts and who should be able to advise you accordingly.

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Answered on 11/11/07, 12:08 am


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