Legal Question in Civil Litigation in Virginia
Summons sent to old address
I had a summons (warrant-in-debt) received at an address I vacated 3 years ago. However, I know the current resident and she gave it to me (and all other subsequent mailings from the law firm). I later mailed the law firm that issued the summons a letter which included my current address. I have copies of my credit report which include my current address and inquiries from that law firm that would lead me to believe they know my current address. My driver's license has my current address. I also gave my current address to the judge and the Plaintiff's counsel (the law firm) on the return date. Despite this, the Bill of Particulars was mailed to my old address. I have claimed ''improper service'' in my Grounds of Defense. However, in its Supplemental Bill of Particulars, the counsel has stated that A) their mailings were never returned as an incorrect address B) their mailings were never forwarded to my new address C) I showed up on the return date to contest the matter D) and I reponded to the Bill of Particulars, so their notices were valid. I think they were simply trying to get a default judgement against me. Who's right?
1 Answer from Attorneys
Re: Summons sent to old address
It would appear that now that you've appeared in court to contest the matter that the particular issue which you've raised is now what the law refers to as moot.
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