Received a warrant in Debt from Calvary Portfolio.

[gmorgens]

What is the name of your state (only U.S. law)? Virginia.

This is based on a debt I owe an older creditor. I am currently not working and haven't been for the past year or so. Would requesting a trial and a bill of particulars help at all on the court date? What is the grounds of defense and should that be filed asking for a bill of particulars?

There is nothing in the bill of particulars on the warrant. They did staple copies of the account and their purchase agreement etc and my delinquency.

Any advice is appreciated.

 

[adjusterjack]

How much money are you being sued for?

How long ago did you default? (Approximate date of your last payment will help.)

What does the summons tell you to do? File an answer or appear on a particular date?

 

[gmorgens]

How much money are you being sued for?

How long ago did you default? (Approximate date of your last payment will help.)

What does the summons tell you to do? File an answer or appear on a particular date?

I opened the original account with the original creditor on 11/2013. They charged the account off on 2/17. Calvary bought it on 3/17. They attached a payment that I made to them (calvary) on 6/17 for $50. So I guess that was admission that I owe the debt. I may have kind of screwed myself in that respect.

The summons is a Warrant in debt, telling me to appear on 5/08/18. for the total amount of 2,910.01 with interest at 6% from the date of judgement until paid, $58.00 court costs. There is nothing written on the warrant in the bill of particulars section.

I read that it helps to request a trial date and to request a bill of particulars?

 

[adjusterjack]

I opened the original account with the original creditor on 11/2013. They charged the account off on 2/17. Calvary bought it on 3/17. They attached a payment that I made to them (calvary) on 6/17 for $50. So I guess that was admission that I owe the debt. I may have kind of screwed myself in that respect.

Might not have made any difference. What kind of account? The SOL is 5 years for anything in writing.

The summons is a Warrant in debt, telling me to appear on 5/08/18. for the total amount of 2,910.01 with interest at 6% from the date of judgement until paid, $58.00 court costs. There is nothing written on the warrant in the bill of particulars section.

I read that it helps to request a trial date and to request a bill of particulars?

Not necessarily. In fact, it might be to your detriment. Doing that will require their lawyer to work on it. If your original contract had a lawyer fee provision, his fees will be added to what you owe. Since you don't appear to be denying that you owe the money, the lawyer fees could add a thousand or two to the debt. And a judgment is good for 8 years and could be renewable.

You wrote that you haven't worked in a year. How do you live, pay rent, eat, etc?

 

[gmorgens]

Might not have made any difference. What kind of account? The SOL is 5 years for anything in writing.



Not necessarily. In fact, it might be to your detriment. Doing that will require their lawyer to work on it. If your original contract had a lawyer fee provision, his fees will be added to what you owe. Since you don't appear to be denying that you owe the money, the lawyer fees could add a thousand or two to the debt. And a judgment is good for 8 years and could be renewable.

You wrote that you haven't worked in a year. How do you live, pay rent, eat, etc?

It was a jewelry store credit card.

My vehicle is paid for, and currently I live at home.