Legal Question in Civil Litigation in Virginia
Warrent in Debt
I recieved a WID in the mail, the plaintiff is someone I bumped into in traffic. The insurance company said it was all taken care of, now 3 months later after not hearing one single thing, I recieved this WID out of the blue. The amount is $2500 which is about twice the value of his vehicle an 87 Bronco II. he court is also in Richmond, but everythign occured in Colonial Heights. From everything I have read a WID sounds like something for a debt you already know about but have failed to pay. I dont know what to do? Should I lawyer up? Im living paycheck to paycheck as it is, either way I cant afford any of this. If anyone can help me then please give me some advice.
3 Answers from Attorneys
Re: Warrent in Debt
A warrant in debt is the form to be used where a money judgment is sought in small claims court. You will need to appear at the date the case is heard before the court and present a viable defense to the plaintiff's claim. Without doing so a judgment will be entered against you. Merely being unable to pay is not a reasonable defense--it has to be a defense to the plaintiff's claim against you. With respect to an attorney--you are certainly entitled to retain an attorney for advice, however, attorney's are not permitted (with limited exceptions) to appear in small claims court. Neither the plaintiff or you will be represented by an attorney in court.
Re: Warrent in Debt
A warrant in debt is the form to be used where a money judgment is sought in small claims court. You will need to appear at the date the case is heard before the court and present a viable defense to the plaintiff's claim. Without doing so a judgment will be entered against you. Merely being unable to pay is not a reasonable defense--it has to be a defense to the plaintiff's claim against you. With respect to an attorney--you are certainly entitled to retain an attorney for advice, however, attorney's are not permitted (with limited exceptions) to appear in small claims court. Neither the plaintiff or you will be represented by an attorney in court.
Re: Warrent in Debt
A Warrant in Debt is used for any suit in General District Court (including small claims court). You should immediately turn this over to your insurance company. They will provide you a lawyer at no cost to you, and if it's in small claims court they will remove it to regular General District Court, where their lawyer can represent you.
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