Legal Question in Civil Litigation in Virginia

Re: civil action

With that kind of money at stake I suggest you hire a lawyer, even if just for the limited task of responding to the lawsuit.

Re: civil action

Yes, of course, if at all possible you should have a lawyer in order to mount a credible defense to this lawsuit. However, in order to prevent a default judgment from being entered against you in the event that you cannot retain counsel before the 21 day period alloted to file your answer expires, you should file something---anything-- in order to prevent the aforementioned default.

That something is called an ANSWER and is what's termed your responsive pleading to the plaintiff's COMPLAINT(FOR JUDGMENT). Your pleading should be in the same style of your adversary's COMPLAINT, e.g., name of court at top, followed by name of plaintiff versus defendant, etc. and then under ANSWER, your numbered paragraphs consisting of your short, pithy sentences outlining your defense and rebutting(to the extent feasible) each and every assertion in each of the numbered paragraphs of your opponent's COMPLAINT.

Then sign it(your ANSWER)at the bottom:

Respectfully submitted,

Your Name

Then, after you've filed your ANSWER, you would be very well advised as already suggested to see whether you can round up a lawyer to assist you with at least some part of your defense with which you will then be required to go forward in

order to defeat your adversary's case.

Re: civil action

First, remember that you have only 21 days from the date on which you are SERVED to file an answer. (You may get both a copy by REGULAR mail, and another copy at a different time posted on your door or handed to you by a Sheriff. The regular mail copy is not official service. Call the clerk of the court to see if there is an official date of service.)

If you have waited beyond the 21 days already, you must immediately file a "Motion for Extension of Time and Leave to File an Answer Out of Time" (exact wording doesn't matter). If you give even the slightest valid excuse, you will probably be granted additional time, but probably NOT if you wait until the plaintiff files a motion for default judgement. Act fast.

Second, you can begin by copying the format used in the motion for judgment served on you. Copy the caption (the heading at the top). And then answer in numbered paragraphs, and very clearly deny everything that you think is not true.

THIRD, I AM NOT RECOMMENDING that you do this without an attorney, merely urging you to act fast to make sure that you file something to prevent losing by default. If you later get an attorney, he or she can probably file an amended answer. But if you lose by default, you are cooked.

There are many reasons why you should get an attorney. CALL THE CLERK'S OFFICE AND ASK FOR A NUMBER FOR THE LEGAL AID SOCIETY. If you are too poor to hire an attorney, you may be able to get FREE legal help. These people are often very good, and are often very lonely, because no one calls them for help.

But, for example, an attorney might not file an "answer" to the lawsuit. An attorney might file legal challenges to the legal theories or claims in the lawsuit, such as a "Demurrer" or "Plea in Bar."

By not consulting an attorney, you might miss the opportunity to file a legal challenge more effective than simply filing a simple "Answer."

However, the worst thing would be to file nothing at all, let time run out, and lose by default.

Because I do not maintain an office or staff, I could provide you with help behind the scenes for only $125 per hour or maybe even less, just to make sure you get something filed and preserve your rights.

You can consult an attorney, but still speak for yourself, or instead hire an attorney to take over the case completely for you, either way.