Virginia Warrant In Debt
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Posted by Asset Sux
(126.96.36.199) on March 07, 2004 at 08:49:27:
Hey all, I'm the guy who received a Warrant in Debt in the mail the other day from Asset's Lawyers. Here's what I gathered off Virginia Court's website:
"In preparing a warrant in debt, the claim must specify a dollar amount and the reason for the claim. In preparing a warrant in detinue, the plaintiff must describe the specific property being sought, state its value, and state the basis of the claim for possession of the property.
"One additional step is taken by careful plaintiffs. A copy of the civil warrant is sent by first-class mail by the plaintiff to the defendant at least ten (10) days before the date when the plaintiff and defendant are to come to court for their first appearance in the dispute. Further, the plain tiff fills out a Certificate of Mailing, which is either delivered to the judge at the trial or delivered to the clerk's office before the date of the trial. Otherwise, the plaintiff cannot get judgment on the trial date if the defendant fails to come to court (which happens frequently), and the case will be continued until the required ten-day notice has been given."
And it goes on:
"The civil warrant will include a specific date and time when the defendant and the plaintiff are to come to court for their trial concerning their dispute. This date is sometimes called the "return date." All of the cases scheduled for trial on the same date may require the parties to appear at the same time. However, the cases will be called one at a time, and the parties will approach the judge concerning their case.
If the civil warrant was served on the defendant in a legally correct way and he or she fails to appear on the return date, a "default judgment" may be entered against the defendant. In this situation, the court will enter a judgment for the plaintiff on the trial date based on evidence from the plaintiff supporting the claim. The defendant has lost the case.
If the civil warrant was served by "posting" (attaching) the civil warrant to the front door of the defendant's residence, an additional step is required before default judgment will be entered. The plaintiff must certify to the court that at least ten days before the entry of default judgment, the plaintiff mailed to the defendant at his or her residence, by ordinary first-class mail, a copy of the civil warrant. A form Certificate, form DC-413, may be used for this purpose. Otherwise, the case will be continued, and the plaintiff must return to court for the default judgment after the ten-day period has elapsed."
SO, here's what I figure will happen. I got this Warrant in Debt in the mail the other day from Asset's lawyers. They're just covering their bases to ensure that they can get a Default Judgement against me.
I'm confident that I can get this dismissed using the SOL defense. I have prior hardcopies of old credit reports showing the default date as May 1999. (SOL in Virginia is 3 years on credit card accounts...)
Here's my worry: The latest TransUnion credit report account I have shows Asset picking up the debt from Providian in July 2001. The DOLA on the Providian account is now June 2001 (which appears to be inside of Virginia's SOL). Experian still shows April 1999 as DOLA, and Equifax has no date.
So I worry that the judge may not be FDCPA-savvy, and decide in Asset's favor.
I understand the FDCPA violations are all in overdrive in this case, but I'm not looking to file countersuits or anything like that. I'd just like to get these scumbags off my back.
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