Legal Question in Landlord & Tenant Law in Virginia

Re: security deposit

It is often a tactic to defend a suit by lodging a frivilous counterclaim. The manner in which to attack this situation is to go on the offensive and claim sanctions for the filing of a frivilous action in addition to the normal items contained in the bill of particulars. You may obtain a template of a bill from any law library. Ask the receptionist to point you to forms for general district court cases.

However, please note that when you are being sued for 8x the amount you are claiming, it is worthwhile to consult counsel so that there is no win by default.

In the bill, you must expressly make all allegations of fact and cover the elements for a breach of contract case.

Re: security deposit

Are you saying that YOU were ordered to file a bill of particulars for your claim?

If so, make DARN SURE that you file it by the deadline. Send a copy to the court and also to the other side (opposing attorney if there is an attorney). Include the name of the parties and case number at the top of the first page.

It is infinitely more important that you file SOMETHING than it is to have a perfect Bill of Particulars. So do not worry about getting it so perfect that you miss the deadline.

Your Bill of Particulars should only cover YOUR claim.

You should also file an "ANSWER" denying the counter-claim. Traditionally, people write a separate, numbered paragraph responding to each numbered paragraph in the Counter-Claiming ("naming" each such paragraph by number to make it clear). Often, lawyers will simply write "The allegations of paragraph 5 are denied." or whatever the truth is in each paragraph.

Then at the end you can raise additional issues.

Otherwise, your case will simply be a question of presenting your case.

BEWARE, however, that you cannot rely upon "hearsay." If the inspector said that a problem existed when you moved in, you will have to bring the inspector in personally, LIVE, to testify to this. You can file for a subpoena to force him to show up, but don't wait until the last minute as this can take some time. (If you already waited too late, you might be able to have a private process server get this served quickly.)

If the other side was

Re: security deposit

Better see a lawyer about these issues who can advise you as to how you should best respond.(If the landlord has countersued for $8000, the matter must have been removed to the general district court as small claims has a jurisdictional limit of $2000.)