The court will notify you if the lawsuit is moved. Mail your letter so it will arrive before your hearing date. Save the certified mail receipt and the green return receipt. You may want to send your letter by certified mail, return receipt requested. Sign and date your letter.Ĭopy your letter and save it. Tell the court where you incurred the debt and where you now live. Tell the court you "object to venue" and you move to transfer to your local court. You can find this information on your court papers. Put the name of your case, your case number, and your hearing date in your letter. Put the court's name and address in your letter, and your name and return address. To ask to transfer a lawsuit, you should write a letter to the court. What should I do if a creditor files a lawsuit far away? You could be forced to go far away if the creditor wants to ask questions (called debtor interrogatories) to help collect its judgment. If the lawsuit is heard and judgment granted far away, any legal action to collect the judgment also will be far away. Do this even if you agree on the debt you owe. If this happens, you should ask the court to move, or transfer, the lawsuit to the place where you live. However, under Virginia law, you can be sued anywhere in the state, even if you don't live there and had no dealings there. You should be sued in one of three different places: the county or city where you now live, or where you incurred (took on) the debt, or where you agreed in writing you could be sued. You should tell household members to pay attention to court papers, and you should pay attention yourself. Both these things are unusual, but they do happen. If they were properly posted and mailed to you but you never saw them, you still were legally served. If they were properly given to a household member who didn't tell you about them, you still were legally served. Posted on your front door and then mailed to you by first class mail.Ĭourt papers can be legally served on you, even if you never actually get them.The person serving the court papers must explain what they are. The household member must be 16 or older. Given to a member of your household, usually by a Deputy Sheriff.Given to you in person, usually by a Deputy Sheriff.Court papers must be served (legally delivered) on you. A creditor starts a lawsuit in Circuit Court by filing a Motion for Judgment. It is used only in a civil (non-criminal) case. Although this court paper is called a "warrant," it is not used in a criminal case. How does a creditor file and serve a lawsuit?Ī creditor starts a lawsuit in General District Court by filing a Warrant in Debt. Lawsuits between $4,500 and $25,000 usually are filed in General District Court. If a creditor wants a judgment between $4,500 and $25,000, the lawsuit may be filed in either court. A creditor who wants a judgment of more than $25,000 must file in Circuit Court. If a creditor wants a judgment of $4,500 or less, the lawsuit must be filed in General District Court. Wait 21 days after the date of the judgment.Get a judgment from the court saying you must pay.Go to court at the date and time of your hearing.Serve (legally deliver) you a copy of the court papers in a manner allowed by law.To get a judgment, a creditor must follow these steps:
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