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Virginia Warrant In Debt
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Welcome to Warrant In Debt Info A warrant in debt is the paper you get when a bill collector is suing you in the Virginia General District Court. Warrant might sound like it's a criminal law problem. It's not: you can't go to jail; but if you ignore it, your pay and bank account can get garnished.
To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for money, fill out a "Warrant in Debt." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.
It basically means someone, a person or a company, is claiming you owe them money. The purpose is of the Warrant in Debt is to get a judgment. A judgment, on its most basic level, is a court order that says you owe them money.
Service of the warrant must be performed by a proper individual. The plaintiff may not properly serve the civil warrant. You may have a copy of the civil warrant served by the Sheriff's office by paying an additional fee at the time (or when) you file the civil warrant. In most Virginia jurisdictions the fee is $12.00.
While you technically can't be arrested for failing to pay a debt unless it's a court fee or fine, child support, or tax debt, debt collectors can and will try to have you arrested for contempt of court.
A warrant in debt serves as an expedited motion for judgment in Virginia and 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.
III, Sec. 20 ) of the 1987 Charter expressly states that "No person shall be imprisoned for debt..." This is true for credit card debts as well as other personal debts. According to Atty. Romel Regalado Bagares, non-payment of debts are only civil in nature and cannot be a basis of a criminal case.
Virginia has a statute of limitations of six years for nearly all debts, including written contracts, oral contracts and open-ended accounts such as credit cards. That means that once such a debt is six years overdue, creditors can no longer attempt to collect the owed money.