Debt Collection for Virginia Lawyers: A Systematic Approach

CHAPTER 7: SUIT 7.1 INTRODUCTION 7.2 CHOICE BETWEEN STATE COURT AND FEDERAL COURT 7.201 In General 7.202 Location of Court 7.203 Prevention of Delay by Defendant 7.204 Removal by Defendant to Federal Court 7.3 CHOICE BETWEEN CIRCUIT COURT AND GENERAL DISTRICT COURT 7.301 In General 7.302 General District Court 7.303 Circuit Court 7.4 SUIT FOR MONEY JUDGMENT IN GENERAL DISTRICT COURT 7.401 Forms 7.402 Procedure 7.403 Court Costs 7.404 Local Rules 7.405 Substitution of Counsel 7.5 VENUE IN GENERAL DISTRICT COURT 7.501 Venue 7.502 Preferred Venue 7.503 Permissible Venue 7.504 Forum Non Conveniens 7.505 Commercial Transactions 7.506 Practical Considerations 7.507 Agreement as to Venue 7.508 Multi-Party Actions 7.6 WARRANT IN DEBT IN GENERAL DISTRICT COURT 7.601 In General 7.602 Plaintiff 7.603 Limitations on Pro Se Actions 7.604 Naming the Defendant 7.605 Defendant’s Address 7.606 Amount Due 7.607 Interest 7.608 Basis of Claim 7.609 Return Date 7.7 WARRANT IN DETINUE IN GENERAL DISTRICT COURT 7.701 In General 7.702 Venue 7.703 Property Claimed 7.704 Damages 7.705 Attorney Fees 7.706 Statute of Limitations 7.707 Prejudgment Remedy of Detinue 7.708 Use of Detinue to Try Title to Property or Determine Rights of Possession 7.709 Form of Judgment and Election 7.710 Execution 7.711 Emergency Detinue 7.8 MOTION FOR JUDGMENT IN GENERAL DISTRICT COURT 7.801 Requirements 7.802 Advantages 7.9 CIVIL WARRANT OR MOTION FOR JUDGMENT UNDER SECTION 8.01-28 7.10 UNLAWFUL DETAINER ACTIONS 7.1001 Unlawful Entry and Detainer 7.1002 Tenant’s Personal Property 7.11 COURTROOM PRACTICE IN GENERAL DISTRICT COURT 7.1101 In General 7.1102 Obtaining Judgment in Uncontested Cases 7.1103 Service of Process 7.1104 Continuances 7.1105 Dismissal of Paid Claims 7.1106 Contested Cases 7.1107 Judgments 7.1108 Post-Judgment Remedies 7.1109 Special Process Server 7.1110 Duration of and Renewal of General District Court Judgments 7.1111 Retention of General District Court Records 7.12 ACTIONS IN CIRCUIT COURT 7.1201 Jurisdiction 7.1202 Confession of Judgment 7.13 REMOVAL TO CIRCUIT COURT 7.14 APPEALS TO CIRCUIT COURT 7.1401 In General 7.1402 Bond 7.1403 Trial de Novo 7.1404 Practice Tips 7.1405 Final Order 7.1406 Withdrawal of Appeals 7.15 SUIT BY VERIFIED ACCOUNTS AND CONTRACTS 7.16 COUNTERCLAIMS 7.17 DISCOVERY 7.18 DEFAULT JUDGMENTS 7.19 DISMISSAL OF SUIT DUE TO INACTION OF THE PARTIES 7.20 EXECUTION ON JUDGMENTS 7.21 RECORDATION OF JUDGMENTS 7.2101 Obtaining an Abstract of Judgment 7.2102 Creating a Lien 7.2103 Procedure for Recording Judgments 7.2104 Enforcement of Judgment Liens 7.2105 Judgments Against Nonresident Defendants 7.2106 Validity of Judgment Against Subsequent Transferee 7.2107 Other Reasons for Recording Judgments 7.2108 Recording Foreign Judgments, Judgments of Other States, and Judgments of Federal Courts 7.22 RELEASE OF JUDGMENTS 7.2201 Duty to Release Judgment 7.2202 Procedure 7.2203 Releasing Recorded Judgments 7.2204 Release of Judgment by Judgment Debtor 7.23 CLOSED FILES 7.24 SMALL CLAIMS COURT 7.25 ALTERNATIVE DISPUTE RESOLUTION APPENDIX 7-1: PROMISSORY NOTE APPENDIX 7-2: GENERAL DISTRICT COURT CIVIL FEES ASSESSMENT APPENDIX 7-3: WARRANT IN DEBT (FORM DC-412) APPENDIX 7-4: WARRANT IN DEBT—SMALL CLAIMS DIVISION (FORM DC-402) APPENDIX 7-5: WARRANT IN DEBT (ACTION BY INDIVIDUAL AGAINST INDIVIDUAL FOR A DEBT) APPENDIX 7-6: WARRANT IN DEBT (ACTION BY CORPORATION AGAINST INDIVIDUAL AND GUARANTOR) APPENDIX 7-7: WARRANT IN DEBT (ACTION BY FOREIGN CORPORATION AGAINST RESIDENT INDIVIDUAL) APPENDIX 7-8: WARRANT IN DEBT (ACTION BY COMPANY IN REPRESENTATIVE CAPACITY AGAINST INDIVIDUAL WHERE BUSINESS IS NO LONGER OPERATING) APPENDIX 7-9: WARRANT IN DEBT REQUESTING COMPOUND INTEREST APPENDIX 7-10: WARRANT IN DEBT (ACTION BY PERSON IN REPRESENTATIVE CAPACITY AGAINST MULTIPLE DEFENDANTS CLAIMING INTEREST AT A RATE HIGHER THAN JUDGMENT RATE) APPENDIX 7-11: WARRANT IN DEBT (ACTION BY MINOR AGAINST CORPORATION) APPENDIX 7-12: WARRANT IN DEBT (ACTION BY SUCCESSOR CORPORATION AGAINST NONRESIDENT CORPORATION WITHOUT A REGISTERED AGENT) APPENDIX 7-13: WARRANT IN DEBT (ACTION BY SUBROGEE FOR PROPERTY DAMAGE) APPENDIX 7-14: WARRANT IN DEBT (ACTION BY PARTNERSHIP AGAINST NONRESIDENT INDIVIDUAL) APPENDIX 7-15: WARRANT IN DEBT (ACTION BY PROFESSIONAL FOR SERVICES RENDERED TO MINOR CHILD) APPENDIX 7-16: WARRANT IN DEBT (ACTION BY INDIVIDUAL TRADING UNDER FICTITIOUS NAME AGAINST INDIVIDUAL WITHOUT STREET ADDRESS) APPENDIX 7-17: WARRANT IN DEBT (ACTION BY HEALTH CARE PROVIDER AGAINST PERSON IN REPRESENTATIVE CAPACITY) APPENDIX 7-18: WARRANT IN DEBT (ACTION BY INDIVIDUAL AGAINST INDIVIDUAL WITH UNKNOWN LAST NAME) APPENDIX 7-19: MOTION FOR JUDGMENT APPENDIX 7-20: MOTION FOR JUDGMENT APPENDIX 7-21: CERTIFICATE OF MAILING APPENDIX 7-22: NOTICE OF COMMENCEMENT OF ACTION AND REQUEST FOR WAIVER OF SERVICE OF PROCESS AND ACCEPTANCE/WAIVER OF SERVICE OF PROCESS AND WAIVER OF FUTURE SERVICE OF PROCESS AND NOTICE APPENDIX 7-23: BILL OF PARTICULARS—CONTRACT OR NOTE APPENDIX 7-24: BILL OF PARTICULARS—DEFICIENCY ACTION APPENDIX 7-25: BILL OF PARTICULARS—OPEN ACCOUNT APPENDIX 7-26: NOTICE OF CHANGE OF ADDRESS (FORM DC-437) APPENDIX 7-27: ABSTRACT OF JUDGMENT (FORM DC-465) APPENDIX 7-28: SUMMONS FOR UNLAWFUL DETAINER (FORM DC-421) APPENDIX 7-29: NOTICE OF HEARING TO ESTABLISH FINAL RENT AND DAMAGES (FORM DC-422) APPENDIX 7-30: REQUEST FOR WRIT OF POSSESSION IN UNLAWFUL DETAINER PROCEEDINGS (FORM DC-469) APPENDIX 7-31: PROMISSORY NOTE APPENDIX 7-32: CONFESSION OF JUDGMENT APPENDIX 7-33: LETTER TO CLERK OF COURT CONCERNING CONFESSION OF JUDGMENT APPENDIX 7-34: LETTER TO CLERK OF COURT AUTHORIZING RELEASE OF JUDGMENT APPENDIX 7-35: DEFAULT JUDGMENT ORDER APPENDIX 7-36: DEFAULT JUDGMENT ORDER, SERVICE OF PROCESS BY POSTING APPENDIX 7-37: DEFAULT JUDGMENT ORDER, ORE TENUS HEARING APPENDIX 7-38: REQUEST FOR ABSTRACT OF JUDGMENT APPENDIX 7-39: LETTER TO CLERK REQUESTING RECORDATION OF ABSTRACT OF JUDGMENT APPENDIX 7-40: LETTER TO ASSESSOR OF REAL ESTATE REQUESTING DESCRIPTION OF PROPERTY APPENDIX 7-41: RECORDATION OF JUDGMENT APPENDIX 7-42: AFFIDAVIT OF NAME CHANGE BY DEFENDANT APPENDIX 7-43: LETTER TO PURCHASER OF REAL ESTATE SUBJECT TO JUDGMENT LIEN APPENDIX 7-44: LETTER TO DEBTOR ADVISING OF JUDGMENT LIEN APPENDIX 7-45: LETTER TO CLERK OF DISTRICT COURT RELEASING JUDGMENT APPENDIX 7-46: NOTICE OF SATISFACTION (FORM DC-458) APPENDIX 7-47: LETTER TO CLERK OF CIRCUIT COURT RELEASING JUDGMENT APPENDIX 7-48: AUTHORIZATION OF CLERK OF COURT TO RELEASE JUDGMENT APPENDIX 7-49: AUTHORITY TO CLERK OF COURT TO RELEASE DOCKETED JUDGMENT APPENDIX 7-50: CASE STATUS CARD APPENDIX 7-51: CASE STATUS CARD APPENDIX 7-52: CASE STATUS CARD APPENDIX 7-53: SERVICE OTHER THAN BY VIRGINIA SHERIFF (FORMS DC-411 AND CC-1407) APPENDIX 7-54: NOTICE FOR REVIVAL OF JUDGMENT APPENDIX 7-55: ORDER TO SHOW CAUSE FOR REVIVAL OF JUDGMENT APPENDIX 7-56: ORDER FOR REVIVAL OF JUDGMENT APPENDIX 7-57: NOTICE AND MOTION FOR JUDGMENT APPENDIX 7-58: AFFIDAVIT CONCERNING SERVICE OF PROCESS ON A CORPORATION APPENDIX 7-59: AFFIDAVIT—DEFAULT JUDGMENT—SERVICEMEMBERS CIVIL RELIEF ACT (FORM DC-418) APPENDIX 7-60: MOTION TO REHEAR/MOTION FOR NEW TRIAL (FORM DC-368) APPENDIX 7-61: MOTION TO SET ASIDE DEFAULT JUDGMENT (FORM DC-434) APPENDIX 7-62: BILL OF PARTICULARS (FORM DC-441) APPENDIX 7-63: GROUNDS OF DEFENSE (FORM DC-442) APPENDIX 7-64: MOTION AND NOTICE OF HEARING (FORM DC-371) APPENDIX 7-65: MOTION FOR JUDGMENT TO BE MARKED SATISFIED (FORM DC-459) APPENDIX 7-66: SUBPOENA DUCES TECUM (CIVIL)—ATTORNEY ISSUED (FORM DC-498) APPENDIX 7-67: SUBPOENA FOR WITNESS (CIVIL)—ATTORNEY ISSUED (FORM DC-497) APPENDIX 7-68: MOTION AND ORDER FOR VOLUNTARY NONSUIT (FORM DC-419) APPENDIX 7-69: NOTICE OF MOTION FOR NONSUIT AS A MATTER OF RIGHT APPENDIX 7-70: ORDER APPENDIX 7-71: NOTICE OF HEARING ON MOTION TO SUFFER A SECOND OR SUBSEQUENT NONSUIT APPENDIX 7-72: ORDER APPENDIX 7-73: NOTICE OF APPEAL—CIVIL (FORM DC-475) APPENDIX 7-74: CIVIL APPEAL BOND (FORM DC-460) APPENDIX 7-75: WARRANT IN DETINUE (FORM DC-414) APPENDIX 7-76: WRITS OF POSSESSION AND FIERI FACIAS IN DETINUE (FORM DC-468) APPENDIX 7-77: MOTION AND NOTICE AND JUDGMENT FOR ARREARAGES (FORM DC-625) APPENDIX 7-78: ITEMIZED LIST OF DAMAGES (FORM DC-443)