How to Answer a Summons for Debt Collection in Virginia (2023 Guide)

George Simons | March 21, 2023

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.

Respond to the lawsuit before the Virginia deadline

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:

Virginia Answer to Summons Forms

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.

Answer Filing Fees for Virginia

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.

What is a Virginia Warrant In Debt?

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:

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.

How to read a Warrant In Debt

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:

• The names of all relevant parties
• The city/county and address of the court where the warrant was filed and where you need to appear
• The date and time you are scheduled to appear before the court in order to dispute the amount allegedly owed. The date of the hearing is typically within sixty days of being served with the warrant
• The amount of the original debt owed including the interest rate and any claimed litigation cost and attorney's fees sought by the plaintiff
• The type of debt owed: whether the amount owed is based on a contract, a mortgage or other financial note, or unpaid account balance

Respond to a Warrant In Debt in Virginia

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:

Object to the venue of proceedings

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.

Appear in court to dispute the debt

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.

Settle the Warrant In Debt before your court date

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.

Ignore the Warrant In Debt

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.

What to expect from a Warrant In Debt trial in Virginia

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.

Affirmative defenses to a Warrant In Debt can help you present a strong case

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.

The Virginia statute of limitations on debt is six years

In Virginia, the statute of limitations for most Warrant In Debt cases is typically six years. The six-year statute of limitations generally applies to most written contracts, oral contracts and open-ended accounts such as credit cards. This means that when a debt is more than six years overdue, then it is quite likely that a creditor can no longer attempt to collect the amount allegedly owed. The statute of limitations for a Warrant In Debt based on a promissory note is even shorter: five years.

Utilize Virginia legal aid organizations

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.

National Association of Consumer Advocates
Phone: 202-452-1989
Fax: 202-452-0099

Virginia debt collection court locations

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.

Takeaways

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:

1. If you agree with the amount owed, you should try to pay it off, if you can.


2. If you dispute the amount owed, appear in court on the designated date and time. When the hearing commences, you should ask the judge for a trial and submit your Grounds of Defense.


3. In addition to asking for a trial, you should request that the plaintiff produce a “Bill of Particulars.” The Bill of Particulars is a written document that the plaintiff will need to provide to you and the court showing that you owe money. Requesting a Bill of Particulars is important since it provides you with a general sense of how strong or weak the plaintiff's case is against you.

Best of Luck!

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.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court