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CalAttorney2, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Warrant in debt in. Is it possible to argue the amount of

Customer Question

Warrant in debt in Virginia. Is it possible to argue the amount of money demanded without receiving judgment on my credit score.
Submitted: 3 months ago.
Category: Bankruptcy Law
Expert:  CalAttorney2 replied 3 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 3 months ago.

You can file an answer to the warrant (complaint) and dispute the balance owed. However, if you lose the complaint - there will be a judgment entered against you.

What happens in most debt collection actions is that the defendant/debtor will file an answer to the complaint and then attempt to negotiate a lower settlement amount with the creditor - if the creditor accepts the lower settlement amount (and the debtor pays the money), the complaint will be dismissed and no judgment will be entered.

When trying to settle a debt, creditors generally prefer lump sums over payment plans. They are often willing to accept an amount less than the full debt (the trade off is that they get a quick payment and don't have to worry about ongoing collection costs or administration). If you do not have the ability to offer a lump sum for something the creditor will accept (some will accept a small portion, while others want close to the full amount), you can try a payment plan, these are less satisfactory to the creditor (especially if they have a lien on your property already), but if you are willing to offer something with a reasonable chance to get the creditor a large amount of their debt back, you are likely to get them to accept it.

Whenever working with a creditor, make sure that you keep your communications in writing (if you speak to someone by phone, promptly send a confirmation letter to summarize your conversation), as this will help to ensure that there is no confusion later on, and you will be able to enforce your settlement against any future collection efforts.

Customer: replied 3 months ago.
The grounds that the plantiff uses state negligence, nuissance, and trespass. I want to dispute the amount owed. Should I fight the negligence charge. Or focus on the incorrect damage calculation.
Expert:  CalAttorney2 replied 3 months ago.

Generally when filing an answer, the defendant will address all of the causes of action against them.

You can then use the mediation/negotiation process to resolve the matter prior to trial.

Customer: replied 3 months ago.
What is the best way to request mediation
Customer: replied 3 months ago.
I think 2500 is fair. They want 7000. How is the best way to dispute. I have not been allowed in the home.
Expert:  CalAttorney2 replied 3 months ago.

Usually the court will encourage it, but you can also be more proactive and try to find a mediator by contacting the local bar association and asking about their mediation programs (most have them) and retaining a mediator yourself (usually each party pays half). The mediator will then reach out to the other side to try to get them to participate - mediators are very good at doing this.