Legal Question in Civil Litigation in Virginia

Re: warrant in dept

Yes, absolutely. A Warrant in Debt is often used

for verbal contracts, or for the delivery of

products or services taht have actually been

used and enjoyed by the defendant.

However, it may be more difficult for the

creditor to PROVE his or her case if there is no

written contract.

But a Warrant in Debt can certainly be filled

out, filed and served without a signed contract.

A Warrant in Debt is often issued for "open

account" and there is a box on the form for that.

"Open account" means that you are responsible to

pay for any and all goods (or services)

delivered. Two common examples of "open account"

are (1) The gas company, which bills you for

whatever gas you actually used, and (2) eating at

a restaurant where you are responsible to pay for

whatever meals you order even though there is no

formal, written contract.

However, an "open account" is proven by the fact

that the products or services were ACTUALLY

DELIVERED and actually "enjoyed" by the

Defendant, so that the Defendant requested them

and/or expressed appreciation for their benefit.

One could not leave products at someone's door,

un-asked for and unannounced, and then sue for

the price.

On the other hand, it is often jokingly said that

"a verbal contract is not worth the paper it is

written on" because it can be difficult to prove.

However, that is an exageration. It is done

successfully all the time. But it is more

challenging to prove a verbal contract.