Beating a Warrant in Debt

By: EssieHall | Posted: 05th October 2010

Bill, not his real name, is declaring bankruptcy with me in October. (He demands a couple more months to finish off everything to get his bankruptcy approved.)





At the same time, he received a warrant in debt. Midland Credit Management, a big debt buyer, was suing him over an old Chase card. He definitely not want to get a judgment and a garnishment while we were ready for the right time to file the bankruptcy.





Bill knows, from my warrant in debt website, that he must head to court on his return date, and reveal to the judge he wanted a trial. He had a trouble-free basis for stating he wanted a trial. "I never heard of Midland Credit Management. I don’t know who they are or what this is about."





He demanded a bill of particulars, and Midland’s lawyer asked for grounds of defense.





When Midland submitted their bill of particulars, they wrote that they had purchased the debt from Chase, and Bill were supposed to pay Chase $4822.





About Bill’s grounds of defense, he wrote to the court and Midland’s lawyer that there have been no records and documents showing that Midland truly bought the debt from Chase; and that Midland had basically no evidence of exactly how much he owed Chase–they would desire a witness from Chase to establish that.





Bill was anxious on his warrant in debt trial date, but it really was easy. After they called his name, the counsel for Midland said, "Your Honor, this is our first dismissal of the day." The Judge then turned to Bill and scolded him to some degree to be financially liable. Then he said, you won today, you are free to go.





Bill dealt with this by himself, but I had given him couple of guidelines. One thing I stated, if this is still America, you'll certainly win. Nice to know for sure this still is America.





Under Virginia law, Midland would be able to put forth a similar warrant in debt a second time. Even so they won’t manage to move fast enough to beat our October bankruptcy filing. (Additionally they probably couldn’t prove it then, either.)





When we finally get to October, his bankruptcy will check out fine.





Know how you can beat warrant in debt Virginia. Take advantage of the bankruptcy law with a good warrant in debt attorney.
This article is free for republishing
Printed From: http://www.goinglegal.com/beating-a-warrant-in-debt-1777516.html
Back to the original article

Tags: second time, judgment, right time, lawyer, witness, bankruptcy filing, warrant, declaring bankruptcy, credit management