Motion To Dismiss Warrant In Debt
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FAQ
Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
A warrant in debt serves as an expedited motion for judgment in Virginia. It acts as (1) a summons appear before the appropriate GDC on the date listed to dispute the claim and/or (2) notice that if you do not appear, formal judgment may be entered against you in the amount claimed.
A judgment from a warrant in debt also is valid for at least 10 years in Virginia; the judgment can be renewed in Virginia for up to 40 years.
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.
