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What is Warrant in Debt Virginia?

08th September 2010
By EssieHall in Legal
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Not all people know the term Warrant in Debt Virginia. Legal terms and matters are not really common knowledge to ordinary people not unless they really are familiar with 'LAW'. To give you a brief idea, warrant in debt in Virginia is a summon to a defendant to appear in court, obviously because of a debt. So for instance, in Virginia District Court, the most basic way to demand a claim is the Summon for Warrant in Debt. However, a warrant in debt only issues limited information thus it is considered as a notice-based pleading.

The warrant in debt, along with the bill in particulars, makes the pleading fact-based. So basically, warrant in debt is the initial filing in order to start a garnishment proceeding in court and in some jurisdictions. The term warrant makes it sound chaotic but in truth, it isn't bad enough because it is not a criminal case, which means you can't go to jail. The only thing is that, they will try to make you pay.

A creditor that wants to make you pay can make a garnishment, which is a court order to your bank or your payroll office such that it demands to send part of your money to the court instead. Under the law, garnishment should only get 25% of your paycheck, but will garnish the whole account. So how can creditors acquire garnishment? First off, the creditor must have a good Virginia Bankruptcy Attorney who will take it to court and win. The process starts by sending you court papers, which is the Warrant in Debt.

If you are in Virginia, they must take you to courts in Virginia. Take note of this especially if you are getting threat letters from lawyers. When you get a Warrant in Debt, a sheriff will come to your home and tape the warrant to your door. Sometimes, the creditor will mail you a copy of the warrant. The Warrant in Debt indicates the return date, which is your first court date. The return date is located at the upper right hand corner of the warrant. So this you should take note of.
So let's say that you appear on your first warrant in debt court date, you didn't plead guilty and you asked for a trial. Usually, you will get a trial date a month or two later. During the trial, it is essential that you stop the creditor from claiming that you owe the money. Since you still got a month or two before the trial date, use this time to talk to a good lawyer. Gather your arms, prepare everything that you will need and be ready to fight. Also, try to work out an effective payment schedule.

In case that you want to work out a payment schedule, show up in court and ask for trial, this will give an impression to the creditor's lawyer that you know your rights and you have knowledge about warrant in debt proceedings. With this, the lawyer can be fair to you.
If it is your first time in court, and the lawyer of the creditor has been handling the case hundred times for warrant in debt cases then that gives you a clear idea that your chances of winning without a lawyer is vague. The proceedings may seem really complicated thus it is really essential that you hire a good bankruptcy lawyer or attorney that specializes in warrant in debt cases. This way, you have a better chance of winning.

Know how you can win a warrant in debt Virginia by checking out Get some tips and advices on winning a warrant in debt case.
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