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Getting Sued for a Debt in Virginia

Read this in: Español

Author: Jay Speer

Someone may sue you if they claim you owe them money. This could be a credit card company, a bank, or a debt buyer. In most cases, you will be sued in General District Court and you will get a paper called a Warrant in Debt. In some cases, the lawsuit is filed in Circuit Court and you will receive a Complaint or Motion for Judgment.

A Warrant in Debt is not a criminal case. Despite the name, it is a civil (non-criminal) court proceeding. The court is deciding whether you owe the money and how much. Getting this paper does not mean you owe the money. It means someone is claiming you do.

If you do not go, the court will most likely decide you owe the money automatically. This is called a default judgment (an automatic loss because you did not show up).

You must go to court if you want to fight the debt or the amount claimed.

Once in court, the judge might be eager to enter a payment plan. Don’t accept any payment plans if you think you don’t owe the money or don’t agree with the money they say you owe.

Are these debt lawsuit papers real? 

Sometimes debt collectors send fake legal papers or letters designed to look like court documents or that make suggestions that you are being sued or will be sued or even arrested. This is illegal. Before you do anything else, make sure your papers are real.

A real warrant in debt will have:

  • A case number
  • The name of an actual Virginia court
  • A date and time for a hearing
  • A judge's name or clerk's signature

The easiest way to check is to look up your case online. Virginia court records are public, so if a real case was filed against you, it will show up. 

Your court papers will say which court your case is in. Search for your name in that court system:

If a case exists, you'll be able to see:

  • The case number
  • When it was filed
  • The hearing date

Most cases are in General District Court, which handles debts of $25,000 or less. In General District Court, you just need to show up on your court date.

Circuit Court handles large debt cases over $25,000. If your case is in Circuit Court, you have only 21 days from when you were served to file a written answer. This is a hard deadline. Miss it and you automatically lose, even if you have a strong defense. If your case is in Circuit Court, get legal help immediately. See the “where can I get help?” section below.

Check your papers for the court date and location. A debt buyer may take you to court in your area or in the area where the loan was made. Pay close attention to the date, time, and location.

If your court date has already passed, read more about what to do about a default judgment. If your court date is coming up, keep reading.

If the papers are fake

Contact an attorney right away. Sending fake court documents is a violation of the Fair Debt Collection Practices Act (FDCPA), a federal law that protects you from illegal debt collection. See the “where can I get help?” section below.

What if I have a 21-day deadline?

If your case is in Circuit Court, you have 21 days from when you were served to file an answer with the court.

This is extremely important. If you miss this deadline:

  • You lose automatically
  • Getting back in court is very hard

If you just found out about a Circuit Court case and the 21 days have passed, you have two options:

  • Option 1: Hire an attorney or contact legal aid immediately to file something called a motion for leave to file a late answer.
  • Option 2: File and argue the motion yourself (pro se). You would need to file a motion asking the judge for permission to file late. This is hard. Circuit Court is not friendly to people without lawyers. 

Don't wait. If you have a Circuit Court case, get legal help right away.

Who is suing me? 

Once you've confirmed the papers are real, look at who filed the case against you. The name of the company suing you will appear at the top of the court papers.

It might not be a company you recognize. That's because the original company, like a credit card company or hospital, sometimes sells your debt to another company called a debt buyer. The debt buyer pays a small amount for your debt and then tries to collect the full amount from you. Common debt buyers include companies like LVNV, Portfolio Recovery and Associates, Encore Capital Group, Midland Funding, and Midland Credit Management.

It's worth knowing who is suing you, because debt buyers often have incomplete or no records. They may not be able to prove you owe the debt or prove how much you owe, and this can be a very good defense in court. You cannot trust that you owe them anything and that they have the right to sue you.

How do I ask them to prove I owe the debt? 

Ask the debt collector to prove you owe the money by writing them a letter. The letter should say:

  • You are asking them to verify the debt
  • You want proof that you owe this money
  • You want to know who originally owed the debt
  • You want to see documentation

Download and fill out a letter asking them to verify the debt and send it to the debt collector. Keep a copy of your letter. Send it by certified mail so you have proof they received it.

Important: If you write to them, and they do not send you proof, do not pay. Without proof that the debt is actually yours, there is no debt.

Also, check your credit report. If the debt shows up and it is not yours, you may have a strong case. Contact an attorney who handles credit report issues (called FCRA/ECOA cases). See the “Where can I get help?” section below.

Do I have to go to court?

If you know you don’t owe the money, going to court is your last chance to say you don't owe the money.

If you don't go, you automatically lose. This is called a "default judgment."

You won't be arrested or fined if you don't go to court for a debt collection case. Despite being called a “Warrant in Debt,” you cannot be arrested for not showing up, but you do give up your rights.

If you do not show up, the company suing wins and the judge decides:

  • That you owe the money
  • How much you owe, adding court fees, attorney fees, and interest on top of the alleged debt. (You might have to contact legal aid and go to court to dispute illegal attorney fees and interest later.)
  • This becomes a judgment which the creditor can take further action like garnishing (seizing) your wages or bank account 

Even if you know you owe the money, going to court can help. You might be able to:

  • Challenge who you owe the debt to
  • Show that your income is protected
  • Get more time to pay
  • Work out a payment plan that works for you

It's much better to go to court and defend yourself.

Warning about payment plans in court: A judge may suggest a payment plan in a friendly tone. But the judge may be quietly entering a judgment against you at the same time. Defendants who agree to payment plans in court often do not realize they have already lost the case, and then miss the chance to appeal. If you dispute the amount or whether you owe the debt at all, do not accept a payment plan.

What if I absolutely cannot go to court?

If you cannot make your court date, you may be able to ask for a continuance (a postponement to a new date). This is hard to get, and the court or judge may refuse even if your reason is very compelling.

Here is what to do as soon as you know you cannot make the date: 

  1. Contact the debt buyer's attorney first. Reach out to the attorney for the company suing you. Ask if they will agree to a continuance. Make sure you know which other dates you are available. Contact them by email or certified letter so you have a written record of when you reached out.

  2. If they do not respond, contact the clerk of the court. Reach out by email or certified letter to the clerk. Ask for a continuance. Note in your letter that you already reached out to the opposing attorney, and whether they agreed or did not respond. Again, include dates you are available.

  3. Try to find an attorney. See the “Where can I get help?” section below. Start this process right away, because it takes time.

In extreme cases, like a hospitalization, you may call the clerk directly to ask for a continuance. Understand that it may not be granted.

If you are an older adult in a situation like this, fill out the Senior Citizen's Request for Reasonable Accommodation.

Will I have to pay the creditor's court costs or attorney fees?

The creditor will probably demand that you pay “court costs”. This means the creditor wants you to pay them back for the filing fee that the creditor paid to start the lawsuit. You only have to pay court costs if the creditor wins and the court decides to add this to your judgment.

Sometimes the creditor will ask for you to pay their “attorney fees” too. Check your original debt contract or account agreement. Look for language about attorney fees. If your contract includes this language, the judge may add those fees to what you owe. 

The creditor must prove they have the right to make you pay their attorney fees and they must prove the fees are reasonable.

What happens if a judgment is entered against me? 

The law provides multiple methods for a creditor to recover money against you. Your property may be taken and sold, money may be taken directly from your bank account, your wages may be garnished. A lien could be put on your house or other real estate, or in rare cases, your real estate could be sold. That said, the law also protects a bare minimum of property and income. Read more: Income Protected from Wage Garnishment (Exemptions)

If the judgment is not paid in full, the amount due may grow because of interest charges. You will owe the amount of the judgment for at least 10 years, even if it no longer appears on your credit report. 

The judgment may make it harder for you to get a job or insurance and more expensive for you to get a loan or credit card, rent an apartment, or buy a house or car.

You may wish to speak with a lawyer. A lawyer may be able to explain the situation and help you decide what to do.  

Some people find out they've been sued only after they've already missed their court date or when money starts disappearing from their paycheck. If that's you, read more about money being taken from your paycheck, your bank account, and what to do to overturn a default judgment.

What if the debt is too old? 

There's a time limit for suing you. For most debts, it's 5 years in Virginia. Some debts are 7 years. If the debt is older than that, the creditor might not be able to sue you.

Read more: Is my debt too old for my creditor to sue me in Virginia?

What should I do right now?

  1. Check if the papers are real

  2. Check what kind of court

    • General District Court = no 21-day deadline (most common, still important)
    • Circuit Court = 21 days to file answer (less common, but URGENT)

  3. Write down the hearing date

    • Mark it on your calendar
    • Don't miss it
    • Plan to arrive at least 30 minutes early. Sometimes courts get to cases before the scheduled time.

  4. Gather your information

    • Find any papers about the debt
    • Find records of payments you made

  5. Get help if you need it

    • Talk to a lawyer (see the getting help section below)
    • Explain your situation
    • Ask if they can help you
    • Contact a bankruptcy attorney for a consultation.  Some legal aids do bankruptcies and most private attorneys will do an initial meeting for no charge.

  6. Go to court

    Arrive 30 minutes early

    • Bring all your papers
    • Dress neatly and respectfully
    • Take your time to understand each question before you answer. Do not say what you think the judge wants to hear. Just answer honestly and to the best of your ability.
    • If you do not know who is suing you because you never took out a loan with them, or you honestly did not think you owed anyone, just say that.
    • If someone used your information without your knowledge (a common situation), say that too. If this happened, it helps to have already gone to identitytheft.gov and filled out an affidavit, or a written statement explaining what happened.
    • Ask the court to make the creditor prove the correct amount of the debt, including attorney fees and interest
    • Ask whether the creditor has the legal right to sue you for this debt at all
    • Do not accept a payment plan if you dispute the amount or whether you owe the debt. The judge may suggest one in a friendly way, but accepting it can mean you have given up your chance to fight the case.

Where can I get help? 

Especially if you have a Circuit Court case: Get help immediately. Don't wait.

Important warnings

  • Don't ignore court papers: Even if you think the debt isn't yours or is too old, ignoring court papers means you lose automatically.

  • Don't assume it's fake: Check online to make sure. Search for your name in the court systems: General District Court cases and Circuit Court cases.

  • Don't wait: Especially if you have a Circuit Court case with a 21-day deadline. While it is somewhat rare to start a lawsuit in Circuit Court, when this happens  it should be taken seriously.  Try to get representation as soon as you can.

  • Don't lie: Always tell the truth in court. Lying can make things much worse.