George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: In Virginia, there is no deadline to file a response to a debt lawsuit. However, if you want to dispute the debt, you must show up in court on the date outlined in the Warrant In Debt. You can fill out a Grounds of Defense form and bring it with you in preparation for the court date. You may also consider submitting SoloSuit’s Answer form to help you strengthen your case and assert your affirmative defenses.
Virginia is for lovers, not debt collection lawsuits.
Getting sued for debt in Virginia can be stressful and overwhelming. You may be struggling financially and are concerned about getting stuck in costly litigation, going to court, testifying before a judge, and so forth.
Your feelings of anxiety and stress are understandable, but they shouldn’t consume you or stop you from taking action. It is important to be proactive and learn what to expect when you’ve been sued for debt in Virginia.
Below, you will find helpful topics on how to answer a Summons for debt collection, which is referred to as a “Warrant In Debt” in Virginia. You may have taken note of the word “warrant.” This may sound like some sort of a criminal violation; it is not. Please understand that getting served with a Warrant In Debt does not mean you could be subjected to jail time. However, failing to take proper action could seriously penalize your bank account.
This article is designed to help make the process of responding to a debt lawsuit less confusing and easier by giving you a step-by-step overview of Virginia's legal debt collection process and how to respond. This includes information specific to filing in Virginia, like state deadlines, forms, and filing fees.
Let’s get started.
Sued for debt in Virginia? SoloSuit can help you file an Answer into your case before the court date.
While there is no deadline to respond to a debt lawsuit in Virginia, Virginia Code § 16.1-79 clearly states you must appear in court if you want to defend yourself in a debt lawsuit case:
“A civil action in a general district court may be brought by warrant directed to the sheriff or to any other person authorized to serve process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding sixty days from the date of service thereof, to answer the complaint of the plaintiff set out in the warrant. After the warrant has been issued and delivered for service it shall not be altered, nor any blank filled, except by order of the court.”
This means that the plaintiff (the creditor or debt collector that is suing you) must schedule a court date within sixty days of delivering the Warrant In Debt to the opposing party. Then, the defendant (person being sued) must appear on that day to avoid a default judgment.
A default judgment means you lose the cause automatically, and the plaintiff can garnish your wages or seize your property to get their money back.
So, if you want to avoid a default judgment and fight back against your Virginia debt lawsuit, you must prepare to appear in court on the date outlined in the Warrant In Debt. To prepare for your court date, you can fill out a Grounds of Defense and submit it to the court (or you can just wait to submit it in person).
Check out this video for tips on how to win your debt collection lawsuit:
As mentioned above, Virginia does not require a formal “Answer” to be filed into the case before the court date. However, if you plan to dispute the debt, you must go to court and submit a Grounds of Defense document.
A Grounds of Defense gives you the opportunity to list your reasonings for why you should not be held liable for the debt. It is also a formal request for the plaintiff to submit a more detailed explanation of why you do owe it, known as a Bill of Particulars.
You can fill out this Grounds of Defense form and bring it with you to court on the date set forth by the Warrant In Debt. You may also consider submitting SoloSuit’s Answer form to help you strengthen your case and assert your affirmative defenses.
An advantage to Virginia's unique system is that you do not need to shell out money to respond to a Warrant In Debt. That’s right: there is no filing fee to submit a Grounds of Defense in Virginia.
However, the amount you save in filing fees may wind up being spent on gas and other travel expenses since, in order to dispute a Warrant In Debt, you need to appear before a judge on a specific date and specific time. This date and time typically appear in the upper right hand corner of the Warrant In Debt you receive from the sheriff or process server.
To initiate a debt collection lawsuit in Virginia, the debt collection company will need to fill out a document titled Warrant In Debt (Civil Claim for Money) and make arrangements to serve you with this document pursuant to Virginia Code § 16.1-79.
Not sure what a Warrant In Debt looks like? Here’s a Warrant In Debt form and example below:
It is a type of civil action when you’re being sued for money owed on a debt. In Virginia, it’s considered a “Warrant in Debt,” which is another way to say that you owe money to a creditor.
Debt collectors or creditors will obtain a Warrant in Debt to obtain a judgment against you. A judgment is a serious matter and may result in wage garnishment, liens against your property, or seizing your bank account.
If you are being sued for a debt in Virginia, you may be served by the sheriff, a process server, or mail.
The Warrant in Debt should include:
It is crucial that you file an Answer and appear on the specified court date. If not, you could face a default judgment.
Since the Warrant In Debt includes a section indicating you have the option not to appear in court, it has been referred to as an expedited motion for judgment. In effect, if someone ignores the Warrant in Debt and does not show up on the specified hearing date, the Warrant in Debt is essentially a motion for judgment for the debt collector.
So, a Virginia Warrant in Debt also serves as (1) a summons for the defendant to appear before the court on a specific date and time and (2) formal notice that if you fail to appear, a formal judgment could be entered against you for the amount the collector says you owe.
If you have been served with a Warrant In Debt, it is quite common to not recognize the name of the debt collector or debt collection company. Why? Because many debts are sold, packaged, and even resold to other debt collectors and debt consolidation agencies.
This is why it is important to thoroughly review the warrant to make sure the information contained within the document is accurate. There is a chance that a random third-party debt collector filed a warrant with an incorrect amount owed or other inaccurate information.
While conducting your review, it is important to note that a Warrant In Debt in Virginia should contain the following information about the claim:
When you get sued for debt in Virginia, you have options. For example, you can fight the case, ignore it, or try to settle. Below are some of the routes you might consider taking as a “response” to a debt collection lawsuit in Virginia:
If you have reason to believe the plaintiff (the person or company suing you) should have filed the Warrant In Debt in a different city or county, you have the right to file a written request to have the case moved to a different court. Virginia Code §8.01-264 states you must file a motion objecting to venue on or before your court date for it to be considered.
Let’s consider an example.
Example: Samuel lives in Virginia and recently moved from Richmond County to Arlington County. A few weeks after moving, Samuel receives a letter in the mail from the court. It is a Warrant In Debt stating that he is being sued by LVNV Funding in Richmond County. Since he no longer lives there, Samuel files a motion objecting to venue by mailing it to the courthouse listed on Warrant In Debt. A few weeks later, he learns the case has been dismissed and LVNV Funding will most likely file a new case in the correct court.
You can appear before the judge on the designated date and time to dispute the amount owed. During the hearing, you can present evidence that you shouldn't need to pay the amount allegedly owed. You also can request a trial and request that the plaintiff produce a Bill of Particulars.
Let’s look at another example.
Example: Jill was sued by Midland Credit Management for an old credit card debt in Virginia. She filled out a Grounds of Defense and appeared in court to dispute the claims. She also used SoloSuit to prepare an Answer to the lawsuit, which helped her understand which affirmative defenses would help her strengthen her case. After submitting the Grounds of Defense and Answer in the court, Midland Credit dismissed the case.
After you are served with the Warrant In Debt, you could attempt to reach a settlement. This could be a worthwhile endeavor since a judgment entered against you means the plaintiff will be able to garnish your wages and collect on the amount owed. If that was not bad enough, the plaintiff can also seek damages to cover filing fees, attorney's fees, and other costs. This is why it could be beneficial to attempt mediation or another form of negotiation to reach an out-of-court settlement.
Many debt collectors are willing to settle for less than the full debt amount, especially if they’ve purchased the debt for pennies on the dollar. In fact, on average, debt buyers purchase old debt accounts for just 4% of the original amount. So, when you pay off the debt in full to a debt buyer, they’re going to make a huge profit.
SoloSettle makes it easy to settle your debt and avoid going to court. Our software manages the settlement negotiation process for you and helps you get everything in writing.
Check out this video to learn more about how to settle a debt in Virginia:
And now, another example.
Example: After receiving a Warrant In Debt for $5,000 in the mail, Brian decided to take a close look at his finances to see if he could pay off his outstanding debts without going to court. He determined he could afford to pay off $4,000 in a lump-sum payment immediately. He used SoloSettle to send a settlement offer and start the negotiation process with the debt collector. After a few rounds of negotiations, they reached a settlement of $3,500—only 70% of the original debt amount! Brian saved money and the case was dismissed. He could rest easy knowing he had fulfilled his financial obligations and avoided going to court.
This is the riskiest option since ignoring the warrant means you're basically allowing the court to rule against and make you lose. If you lost, the adverse judgment would probably include any accumulated interest, litigation and collection costs, and attorney's fees. In addition, an adverse judgment means you are effectively waiving your ability to contest the legality of the debt once the judge enters an adverse judgment. You should also be aware of the fact that an adverse judgment will also appear on your credit report.
Below is one final example.
Example: When Mary got sued for a debt in Virginia, she felt so overwhelmed that she decided to ignore the case altogether. When she failed to show up in court, the judge ordered a default judgment against her. Within a matter of weeks, Mary’s wages were being garnished. All this could have been avoided if she had responded to the lawsuit and showed up in court.
While at the hearing, you should request a trial and a Bill of Particulars from the plaintiff.
In most instances, the judge will assign a trial date within three months from the date of the hearing. You need to use that time wisely to develop a good defense that shows why you do not actually owe the money alleged by the plaintiff. The Bill of Particulars can be helpful in building your defense. The Bill of Particulars will include details, provided by the plaintiff, laying out why they believe you owe them money.
The Bill of Particulars is not the only legal document that needs to be filed. When you get a trial date, you need to file a Grounds of Defense. Your Grounds of Defense include the specific reasons why you do not actually owe money to the plaintiff. At the hearing, the judge will provide you with a date to file your Grounds of Defense. It is extremely important to file those Grounds of Defense on time. If you fail to do so, you could lose.
It is worth noting that Virginia's court system has many pitfalls that appear to benefit debt collectors in these types of cases. For example, if you fail to appear at the hearing listed on the Warrant In Debt, an adverse judgment will probably be entered against you. If you appear at the hearing, but admit you owe the plaintiff money, then judgment will be entered against you. If you fail to file your Grounds of Defense on time, you are at risk of having an adverse judgment entered against you. This is why you need to be fully prepared and understand this process from beginning to end.
When drafting your Grounds of Defense, it is important to examine different affirmative defenses that can be asserted to challenge the Warrant In Debt. One of the strongest affirmative defenses is asserting that the plaintiff failed to file their lawsuit within the applicable statute of limitations. The statute of limitations defense is most likely viable when the alleged debt has been packaged and re-sold from one debt collector to another.
SoloSuit’s Answer form helps you determine which affirmative defenses are applicable to your case. This makes is a strong document to consider filing along with your Grounds of Defense.
Knowing the Viriginia statute of limitations on debt collection in Virginia is crucial. If the statute of limitations has expired on your debt, you have a strong defense if a debt collector tries to sue you to collect the debt.
The statute of limitations on most debt in Virginia is five years, as determined by the Code of Virginia §8.01-246(2). The statute of limitations starts with the last activity on the account. This applies to written contracts, credit cards, and other consumer loans.
However, oral contracts and implied contracts have a statute of limitations of three years. State tax debts expire after seven years.
The table below further outlines the Virginia statute of limitations on debt:
If you are sued for your debt and the creditor is awarded a judgment, the statute of limitations is ten years.
If you have an older debt nearing the statute of limitations in Virginia, debt collectors will often reach out to get you to take action on the account. They may ask you to make a small payment to show good faith. The real motive is an attempt to reset the clock on the statute of limitations. Don’t fall for their tactics.
Once the statute of limitations has expired, the debt collector can no longer sue you in court in an attempt to recover the debt.
The statute of limitations isn't the only debt collection law that protects Virginians.
Creditors may attempt to use intimidation to force debtors to pay a debt. Fortunately, both state and federal government have enacted Virginia debt collection laws to protect consumers from unethical debt collection practices.
On a federal level, the Fair Debt Collection Practices Act (FDCPA) states that debt collectors cannot:
The Virginia Consumer Protection Act (VCPA) protects consumers from fraudulent practices committed by those who supply goods and services. Prohibited activities include:
The Virginia Consumer Finance Act (VCFA) must be licensed by Virginia and undergo a rigorous vetting process to maintain compliance with the VCFA.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Virginia's diverse topography has something for everyone, from the beautiful beaches of the Atlantic to the Blue Ridge Mountains. However, the beauty of the state comes with a price. Virginia is an expensive state to live in. Virginian residents carry an average of $74,110 in personal debt.
Below, we outline a few options to help you get debt relief in Virginia and start over financially.
Essentially, there are two ways to make progress on your debts. You can earn more money by changing jobs or picking up a side hustle, or you can reduce spending to free up money to put toward debt.
You will likely be surprised to find that there’s more room in your budget than you think when you take a hard look at your spending habits. Small things, like cutting out your daily coffee, reducing spending on entertainment, or canceling rarely used subscriptions, can free up money for you to reduce the debts you owe.
Snowballing is a sound method for reducing credit card debt. You start with the smallest balance and put all the extra cash you can toward paying it off. Once it’s paid off, you add the amount you were paying to the payments for the next smallest card. As each card is paid off, the size of the payment you put against larger debts increases quickly.
For those who have a decent credit score, a debt consolidation loan can be a good way to relieve the stress of tracking and paying multiple debts. Shop around for loans and ensure you get a debt consolidation loan with a decent interest rate. In our current economy, that may be difficult to do as interest rates are climbing.
Though debt consolidation can save you stress and money in the long-term, you should be careful. It can be tempting to reutilize your credit cards once they’ve been paid off. If you don’t pay the balance in full each month, you can end up increasing your overall debt and find yourself in even worse shape. For a debt consolidation loan to work for Virginia debt relief, you have to remain committed utilizing credit responsibly.
Debt settlement programs can work to settle your debts for you, often at a fraction of what you owe. However, this is an option you should explore with caution. The most important step is to make sure that the debt settlement company you use is legitimate and has a good reputation.
You should make sure you understand the fees associated with debt settlement. While debt settlement can save you substantial money, the fees will diminish some of your savings. You should also know that if you utilize a debt settlement company, your credit score may take a hit. Often, you’ll be advised to stop making payments toward your debt and place the money in a savings account instead. Then, that money will be used to make settlement offers to your creditors. However, those late payments will reflect on your credit, and you may see a significant dip in your score.
You also have the option of managing debt setltement yourself. You can reach out to your creditors with a debt negotiation letter offering a lump sum that is less than the total amount you know. If you reach an agreement, make sure you finalize it with a debt settlement agreement that explicitly states that the creditor is releasing you from the remainder of the debt.
SoloSettle is a tool designed to put consumers in the driver’s seat of the debt settlement process. You can send all communication through the app and get help managing the debt settlement agreement documentation and transfer the payment after you've reached an agreement.
For those who legitimately have no way to pay their debts, bankruptcy may be the right option. There are two types of bankruptcies commonly used by individuals: Chapter 7 and Chapter 13.
A Chapter 7 bankruptcy isn’t available to everyone. It comes with restrictions that make it best suited to those with limited income and few assets. A Chapter 7 bankruptcy will wipe out most consumer debt. However, it will stay on credit history for ten years.
A Chapter 13 bankruptcy is best suited for those with assets to protect who don’t qualify for a Chapter 7. You will be required to pay some of your debts, while others will be eradicated by bankruptcy. Chapter 13 bankruptcy will remain on your credit history for seven years.
Before moving forward with bankruptcy, make sure you fully understand the implications. Bankruptcy will make it hard for you to access any type of credit, mortgage, or car loan, or may even make it hard to rent an apartment.
Virginia residents facing financial struggles have access to a host of state and federal programs. Explore these programs to see if you qualify:
If you’ve been sued by a creditor in Virginia, you will need to learn how to check the status of your Virginia court case to ensure you don’t miss important filing dates or court appearances.
Virginia’s judicial system is designed to facilitate the efficient handling of legal matters. Understanding how the court system works will help you figure out where your case was filed and how to access your court records. Virginia’s civil cases are handled in one of four levels.
You can access your records online or in person. If you prefer to visit the courthouse in person, you can use the Virginia Courts directory to locate the courthouse where the case was filed.
If you prefer the convenience of online, you can use the Virginia General District Court portal to search for your case. You can search by party name, case number, or filing date.
Creditors in Virginia can use established legal processes to pursue wage garnishment from debtors when other debt collection options have been unsuccessful. Lawsuits are expensive and time-consuming, so they are usually an option of last resort. However, if a creditor initiates a lawsuit and wins, they may receive a wage garnishment order. The last thing you need if you’re struggling to pay your bills is to lose a chunk of your paycheck to wage garnishment.
The best way to approach wage garnishment is to avoid it before it happen by filing an Answer to protect your standing a debt collection case and avoid a default judgment. If you already lost the opportunity to respond to your debt lawsuit, you still have options to stop wage garnishment in Virginia and resolve the debt.
There are both state and federal laws that govern wage garnishment. VA Code § 34-29 caps wage garnishment at 25% of your disposable earnings or the amount by which your disposable income exceeds 40 times the federal minimum wage, whichever is less.
Code of Virginia § 8.01-512.4 outlines the types of income that Virginia exempts from wage garnishment. Examples include:
These earnings are exempt because they are intended to provide basic support to residents unable to work.
You can also object to a wage garnishment based on any of the following reasons:
Virginia has at least one government-funded organization that provides free legal services to people, in addition to other non-profits and public interest groups focused on assisting people who are being subjected to debt collection lawsuits. These organizations include:
Virginia Legal Aid Society
Phone (LawLine): 1-866-534-5243
434-455-3080 (for out-of-state numbers)
LawLine Intake Hours: 9am-3:30pm Monday, Tuesday, Thursday, and Friday.
When it comes to debt collection lawsuits in Virginia, they will be filed in either a general district court or circuit court. There are general district courts and circuit courts in each city and county in Virginia.
The general district court is empowered to hear a variety of cases, including traffic violations and certain criminal cases. General district courts also possess exclusive authority to oversee civil cases with claims of $4,500 or less. General district courts also share authority with circuit courts to hear civil cases involving claims between $4,500 and $25,000. A Warrant In Debt is a civil claim. As a result, if you are being sued for an amount totaling $4,500 or less, the case will likely be filed in a general district court. If the amount allegedly owed is between $4,500 and $25,000, then the case could be filed in a general district court or a circuit court.
However, if the Warrant In Debt is seeking more than $25,000, then the case will be filed in a circuit court. This is because Virginia circuit courts handle all civil cases with claims of more than $25,000.
If you're ready to draft an Answer to a Virginia Warrant in Debt, find your court below to start the process through SoloSuit:
In short, here's the review on how to answer a summons for debt collection, which is known as a Warrant In Debt, in Virginia:
Take these actions:
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
