Legal Question in Credit and Debt Law in Virginia
Warrent in Debt
I recd a Warrent in Debt that is dated 9/13/02; return date 11/20/02; postmark is 11/6/02. It was sent to an old address. I changed my address with the creditor to reflect the p.o. box where I collect mail. B4 receiving the Warrant, I wrote the creditor (who passed my letters to his atty), requesting info on the amt claimed (approx $330 excluding costs & fees). I said that there was a discrepancy that I cant reconcile. I rec�d only part of the info requested.
Previously I received a letter from the attorney, threatening legal action if I did not respond before a date. The deadline in the letter was AFTER the filing date of the warrant�so my effort to mitigate damages by responding to the attorney�s letter was mute because they had already filed the paperwork associated with the warrant�does this matter?
Do I have a valid claim to dispute service of process?
I have receive statements that may be wrong. Am I allowed to require the creditor to prove the balance they claim I owe, if not before the trial then during trial?
I do not dispute the entire debt, but I question the accuracy of the creditor�s records (particularly since they converted their records to a computerized booking system, after keeping them manually
1 Answer from Attorneys
Re: Warrent in Debt
You probably won't get anywhere challenging service since you have it. It will be grounds for continuance if the return date is inconvenient. The creditor must prove the amount of debt it claims you owe. You can't really require that be done before trial. At the return date request a Bill of Particulars; that will make the plaintiff put forth its claims with some specificity. Be prepared, however, that you will then be required to file an Answer and Grounds of Defense.
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