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Re: warrant in debt


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Posted by LadynRed (199.91.33.254) on April 10, 2003 at 13:23:00:

In Reply to: Re: warrant in debt posted by housewife on April 10, 2003 at 12:56:04:

I think you may have a good case for change of venue - at least from what I can find in the statutes.

"§ 8.01-257. Venue generally.
It is the intent of this chapter that every action shall be commenced and tried in a forum **convenient to the parties and witnesses**, where justice can be administered without prejudice or delay. Except where specifically provided otherwise, whenever the word "action(s)" is used in this chapter, it shall mean all actions at law, suits in equity, and statutory proceedings, whether in circuit courts or district courts. "

3 hours away certainly isn't convenient for you !

"§ 8.01-265. Change of venue by court.
.. the court wherein an action is commenced may, upon motion by any defendant and for good cause shown,
(ii) transfer the action to any fair and convenient forum having jurisdiction within the Commonwealth. Such conditions as the court deems appropriate shall include, but not be limited to, a requirement that the defendant agree not to assert the statute of limitations as a defense if the action is brought in a more convenient forum within a time specified by the court...

... Good cause shall be deemed to include, but not to be limited to, the agreement of the parties or the avoidance of substantial inconvenience to the parties or the witnesses"

Lawyers ?? Your opinions ?? There's more to the Code, so the link is below.





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