How to Answer a Summons for Debt Collection in Virginia (2025)
Virginia requires you to appear in court on the date specified in your Warrant In Debt to dispute a debt lawsuit. You must submit a Grounds of Defense and request a Bill of Particulars to strengthen your case. Missing your court date results in automatic default judgment and wage garnishment.
Answer Your LawsuitGetting sued for debt in Virginia can feel overwhelming. You might worry about court appearances, litigation costs, and financial consequences.
Your anxiety is understandable, but don’t let it stop you from taking action. Being proactive is crucial when facing a debt collection lawsuit in Virginia.
Don't Face Your Virginia Debt Lawsuit Alone
You have 60 days or less before your court date. Respond to your Warrant In Debt now with proper affirmative defenses and avoid default judgment.
Get Help NowVirginia calls debt collection summons a “Warrant In Debt.” The word “warrant” may sound criminal. It’s not. You won’t face jail time. However, ignoring the lawsuit could seriously damage your finances.
This guide explains Virginia’s debt collection process step-by-step. You’ll learn specific state requirements, including deadlines, forms, and filing procedures.
Deadlines for Responding to Virginia Debt Lawsuits
Virginia has no formal deadline to file a written response. However, Virginia Code § 16.1-79 requires you to appear in court if you want to defend yourself.
The plaintiff must schedule a court date within sixty days of serving you. You must appear on that date to avoid a default judgment.
A default judgment means you automatically lose. The plaintiff can then garnish your wages or seize your property to recover the debt.
To prepare for your court date, fill out a Grounds of Defense form. You can submit it early or bring it to court.
Our partner Solo can help you prepare a strong response with proper affirmative defenses.
Forms Needed to Respond in Virginia
Virginia doesn’t require a formal “Answer” before your court date. You must submit a Grounds of Defense document if you plan to dispute the debt.
A Grounds of Defense lists your reasons for not owing the debt. It also requests the plaintiff provide detailed proof through a Bill of Particulars.
Download the Grounds of Defense form and bring it to your court hearing. Consider getting help from our partner Solo to strengthen your case with proper affirmative defenses.
Filing Fees in Virginia
Good news: Virginia charges no filing fee to submit a Grounds of Defense.
You’ll save money on court costs. However, you’ll need to appear in court on a specific date and time. Plan for travel expenses like gas and parking.
The court date typically appears in the upper right corner of your Warrant In Debt.
Understanding Virginia’s Warrant In Debt
A Warrant In Debt is Virginia’s version of a debt collection lawsuit. Debt collectors use it to sue you for money owed.
The plaintiff must file this document and serve you according to Virginia Code § 16.1-79.
You might receive service from a sheriff, process server, or through mail.
What’s Included in a Warrant In Debt
Your Warrant In Debt should include:
- Names of all parties involved
- Attorney names and contact information
- Addresses of all parties
- Total debt amount claimed
- Reason for the claim
- Return date (court appearance time and location)
Appearing in court on the specified date is crucial. Missing it could result in a default judgment against you.
Reading Your Warrant In Debt Carefully
You might not recognize the debt collector’s name. Why? Debts are frequently sold and resold to different collection agencies.
Review the warrant thoroughly for accuracy. Third-party debt collectors sometimes file warrants with incorrect amounts or outdated information.
Verify all details before your court date. Errors can help your defense.
How to Respond to a Virginia Warrant In Debt
You have several options when sued for debt in Virginia. You can fight the case, settle, or ignore it (not recommended).
Object to the Venue
You can request the case be moved to a different court if the plaintiff filed in the wrong location. Virginia Code §8.01-264 requires you to file this objection on or before your court date.
Example: Samuel moved from Richmond County to Arlington County. He received a Warrant In Debt for a case filed in Richmond County. He filed a motion objecting to venue. The case was dismissed and likely refiled in the correct court.
Appear in Court to Dispute the Debt
Show up on your designated court date and time. Present evidence that you shouldn’t owe the amount claimed. Request a trial and ask the plaintiff to produce a Bill of Particulars.
Example: Jill was sued by Midland Credit Management for an old credit card debt. She filled out a Grounds of Defense and appeared in court. She also prepared a response with help from our partner Solo, which helped her identify strong affirmative defenses. After submitting her documents, Midland Credit dismissed the case.
Settle Before Your Court Date
You can negotiate a settlement after being served. Settling may be worthwhile since a judgment allows wage garnishment and property seizures.
Many debt collectors will settle for less than the full amount. Debt buyers typically purchase old accounts for just 4% of the original balance. They’re motivated to settle.
Our partner Solo can help you negotiate a settlement and get everything in writing.
Example: Brian received a Warrant In Debt for $5,000. He reviewed his finances and determined he could pay $4,000 immediately. He negotiated with the collector and settled for $3,500—only 70% of the original debt. The case was dismissed.
Don’t Ignore the Warrant In Debt
Ignoring the warrant is the riskiest option. You’ll automatically lose and face a default judgment.
The judgment will include accumulated interest, collection costs, and attorney’s fees. You’ll waive your ability to contest the debt. The judgment will also damage your credit report.
Example: Mary felt overwhelmed and ignored her Virginia debt lawsuit. When she failed to appear in court, the judge ordered a default judgment. Within weeks, her wages were being garnished. She could have avoided this by responding to the lawsuit.
What to Expect at Your Virginia Debt Trial
At your hearing, request a trial and a Bill of Particulars from the plaintiff.
The judge will typically schedule a trial within three months. Use this time wisely to build your defense.
The Bill of Particulars provides details about why the plaintiff believes you owe the debt. This information helps you prepare your case.
You must also file a Grounds of Defense by the date the judge specifies. Missing this deadline could cost you the case.
Virginia’s court system has many pitfalls that favor debt collectors. Failing to appear results in a default judgment. Admitting you owe the debt leads to judgment. Missing filing deadlines puts you at risk.
Preparation is essential from beginning to end.
Affirmative Defenses Strengthen Your Case
When drafting your Grounds of Defense, examine different affirmative defenses. One of the strongest is asserting the statute of limitations has expired.
This defense works well when old debts have been sold and resold multiple times.
Our partner Solo helps you determine which affirmative defenses apply to your specific case.
Virginia’s Statute of Limitations on Debt
Understanding Virginia’s statute of limitations is crucial. If the time limit has expired, you have a strong defense against collection lawsuits.
The statute of limitations on most Virginia debt is five years, according to Code of Virginia §8.01-246(2).
The clock starts from the last activity on your account. This applies to written contracts, credit cards, and consumer loans.
Oral and implied contracts have a three-year statute of limitations. State tax debts expire after seven years.
Virginia Statute of Limitations by Debt Type
| Debt Type | Time Limit |
|---|---|
| Open Contract | 3 years |
| Oral Contract | 3 years |
| Credit Card | 5 years |
| Medical | 5 years |
| Auto Loan | 5 years |
| Student Loan | 5 years |
| Mortgage | 5 years |
| Personal Loan | 5 years |
| Judgment | 10 years |
If a creditor wins a judgment, the statute of limitations extends to ten years.
Check the Statute Before Making a Payment
Debt collectors often contact you when old debts near the statute of limitations. They’ll ask for a small “good faith” payment.
Their real goal is resetting the statute of limitations clock. Don’t fall for this tactic.
Once the statute expires, collectors can’t sue you in court to recover the debt.
Virginia Debt Collection Laws Protect You
The statute of limitations isn’t your only protection. Virginia has several laws preventing abusive collection practices.
The federal Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from:
- Calling before 8 a.m. or after 9 p.m.
- Calling your workplace after being told it’s not allowed
- Using abusive or obscene language
- Threatening legal action they can’t or won’t take
The Virginia Consumer Protection Act (VCPA) protects consumers from fraudulent supplier practices.
The Virginia Consumer Finance Act (VCFA) requires lenders to maintain proper licensing and compliance.
Getting Debt Relief in Virginia
Virginia offers beautiful beaches and mountains. However, living here comes with high costs. Virginia residents carry an average of $74,110 in personal debt.
Below are several options for getting debt relief in Virginia.
Ways to Pay Off Debt
You can make progress on debt two ways: earn more money or reduce spending.
Examine your budget closely. You’ll likely find more room than expected. Cut daily coffee purchases, reduce entertainment spending, or cancel unused subscriptions.
The snowball method works well for credit card debt. Start with the smallest balance. Put all extra cash toward paying it off. Once paid, add that payment amount to the next smallest card.
Your payments grow quickly as each card gets paid off.
Consider Debt Consolidation Loans Carefully
Debt consolidation loans can simplify multiple debts into one payment. You’ll need decent credit to qualify for a good interest rate.
Shop around for the best rates. Current economic conditions make low rates difficult to find.
Be careful after consolidating. Avoid running up your credit cards again. Consolidation only works if you commit to responsible credit use.
Explore Debt Settlement Options
Debt settlement programs can negotiate debts for a fraction of what you owe. Research companies carefully to ensure they’re legitimate.
Understand all fees associated with settlement. Fees will reduce your overall savings. Your credit score may also take a hit during the settlement process.
You can manage debt settlement yourself. Reach out to creditors with settlement offers. Get all agreements in writing that explicitly release you from remaining debt obligations.
Our partner Solo helps you negotiate settlements and manage documentation throughout the process.
When to Consider Bankruptcy
Bankruptcy may be right if you have no realistic way to pay your debts.
Two common types exist: Chapter 7 and Chapter 13.
Chapter 7 bankruptcy has income and asset restrictions. It wipes out most consumer debt but stays on your credit report for ten years.
Chapter 13 bankruptcy works better if you have assets to protect. You’ll pay some debts while others get discharged. Chapter 13 remains on your credit report for seven years.
Understand bankruptcy’s full implications before proceeding. Bankruptcy makes accessing credit, mortgages, car loans, and rental housing difficult.
Virginia Financial Assistance Programs
Virginia offers several state and federal assistance programs:
- CommonHelp Virginia—offers temporary cash assistance, food help, prescription medication, child care, and home energy assistance
- Temporary Assistance for Needy Families (TANF)—provides monthly payments to qualifying families
- Supplemental Nutrition Assistance Program (SNAP)—provides supplemental nutrition for women and children
- Medical assistance—helps qualified individuals access healthcare and prescription medication
Finding Your Virginia Court Case Status
You need to track your case status to avoid missing important dates or court appearances.
Virginia’s civil cases are handled at four court levels:
- Supreme Court—the state’s court of last resort for appeals
- Court of Appeals—reviews Circuit and District Court decisions
- Circuit Court—shares jurisdiction with District Courts on civil claims starting at $4,500
- District Court—exists in every county and hears cases up to $25,000
Accessing Virginia Court Records
Access records online or in person. Use the Virginia Courts directory to locate your courthouse for in-person visits.
For online access, use the Virginia General District Court portal. Search by party name, case number, or filing date.
Stopping Wage Garnishment in Virginia
Creditors can pursue wage garnishment after winning a lawsuit. Lawsuits are expensive and time-consuming, so they’re typically a last resort.
Winning creditors may receive a wage garnishment order. Losing part of your paycheck makes financial struggles worse.
Avoid garnishment by responding to your lawsuit and preventing a default judgment. If you already lost, you still have options to stop garnishment.
Laws Protecting You From Wage Garnishment
VA Code § 34-29 caps wage garnishment at 25% of disposable earnings or the amount exceeding 40 times the federal minimum wage, whichever is less.
Code of Virginia § 8.01-512.4 exempts certain income from garnishment:
- Social Security benefits
- Workers’ Compensation
- Disability benefits
- Retirement income
You can object to garnishment based on:
- Incorrect garnishment amount exceeding legal limits
- Financial hardship causing substantial difficulty for you or dependents
- Invalid debt you don’t actually owe
- Incorrect court procedures by the creditor
Virginia Legal Aid Organizations
Virginia has government-funded organizations providing free legal services, plus non-profits focused on debt collection defense.
Virginia Legal Aid Society
Phone (LawLine): 1-866-534-5243
434-455-3080 (out-of-state)
Hours: 9am-3:30pm Monday, Tuesday, Thursday, Friday
National Association of Consumer Advocates
Phone: 202-452-1989
Key Takeaways for Virginia Debt Lawsuits
Here’s your action plan for responding to a Virginia Warrant In Debt:
- If you agree with the debt amount, pay it off if possible.
- If you dispute the debt, appear in court on the designated date. Ask the judge for a trial and submit your Grounds of Defense.
- Request the plaintiff produce a Bill of Particulars showing you owe the money. This document reveals the strength of their case against you.
Our partner Solo makes it easy to respond to debt collectors and settle lawsuits. You can prepare your response, send letters to collectors, and negotiate settlements.