Warrant in Debt defense

A Warrant in Debt is a type of “small claims” case in Virginia and the most common type of collections suit. These cases are heard in General District Court, a less formal proceeding — but the rules of evidence and testimony still apply, and there is very little, if any, discovery permitted. A Warrant in Debt can be used for amounts up to $25,000.

You must respond by the deadline, or the plaintiff will take a judgment against you by default. Depending on the facts, your case can often be defended or settled for a fraction of the cost of paying the debt.

Five things to know when you’re being sued

1. The collector must follow every rule of court — including the statute of limitations and the rules of evidence — or they aren’t entitled to a judgment. They must prove you owe the money to them, not just that you once owed a bank.
2. The plaintiff carries the burden of proof. Being sued doesn’t mean you lose. A debt buyer must prove you owe money to the debt buyer — not merely to the original creditor (Capital One, Bank of America, Chase, and the like).
3. You have a deadline to respond. You must show up or send a lawyer, or the plaintiff wins automatically by default. In Circuit Court you generally have 21 days from the date you were served. Usually there’s time to think and research — but once the clock is running low, you must decide and act before it expires.
4. Bankruptcy is an option, but rarely the only one. Many Virginians file bankruptcy when they could likely have defeated a debt-buyer lawsuit. Look at any information bankruptcy attorneys send you, but always weigh the option of fighting the case. We are a debt relief agency and can help people file for bankruptcy — but we prefer to find an alternative when one exists.
5. Winning has real upside. If you prevail, the letters and calls about the debt should stop, and your credit report should be cleared of the debt buyer’s account. If they keep calling, or your report isn’t corrected after you request an investigation, you may be entitled to money damages under the FDCPA and/or FCRA against the responsible parties.