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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54319
Experience:  Licensed attorney helping individuals and businesses.
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I need to file a Grounds in Fairfax to reply to a Bill of

Customer Question

I need to file a Grounds for Defense in Fairfax Virginia to reply to a Bill of Particulars.
Clearly, I do not feel that I owe the money. I am just not sure how specific I need to be or what I really should say for my grounds for defense. I don't owe it. I have never admitted to owing it. It is just a bill that someone made up and is trying to stick me with. I can call witnesses. I can subpoena people. I have evidence that I can present like audio and video. I just don't know what to write. Thanks
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

Here are basic instructions in case you don't have them:

http://www.courts.state.va.us/forms/district/dc442inst.pdf

Basically, one would need to note any information that would help prove that the money was not owing. For example, it could be noted that there was no verbal or written contract or other basis for the obligation, the date one first became aware of the alleged debt (ie legal notice).

If one fails to return this, and file it with the court, judgment will be entered for the plaintiff:

The plaintiff has the right to request that you file a document called an Answer and Grounds of Defense. This document is a written explanation of why you dispute, in whole or part, the action filed against you. The judge will set the date the Answer and Grounds of Defense is due. You must file a copy of your Answer and Grounds of Defense with the court and mail a copy to the plaintiff. If you do not file this document or if you do not file this document on time, the plaintiff can ask that judgment be awarded in his favor.

If any of the VA's consumer protection act's provisions were violated, that can also be asserted as a defense:

http://law.lis.virginia.gov/vacode

It is prudent to respond to each allegation contained in the motion.

http://www.fairfaxcounty.gov/courts/gdc/publications/procedures-for-defendants.pdf

Customer: replied 10 months ago.
This is kind of a strange situation. I consulted with a lawyer. Paid the lawyer in full. Then, the lawyer started making phone call against my direct orders. This lawyer was not retained. When I complained, the lawyer just sends me a bill to cover to herself. One of the bad ones. There was no contract. In fact, she caused me a lot of trouble. I think I can sue her for this. Her fake bill is one way that she is trying to protect herself.
Expert:  LegalGems replied 10 months ago.

If an attorney takes action against the wishes of the client, that is grounds for a possible malpractice suit (if there are economic damages as a result) along with the basis for a complaint to the state bar.

Additionally if there was no retainer agreement that would be a ground to assert. Please see Rule 1.5 - https://www.law.cornell.edu/ethics/va/code/VA_CODE.HTM - which requires a written agreement to be provided within a reasonable time; when that is not done then that would indicate there was no agreement/contract, hence no monies owing.

Customer: replied 10 months ago.
I may need to call you. Let me ask a question or two quickly. What if they did not file the Bill of Particulars? Do I still file the Grounds for Defense? If so, what do I say? Can I file for a dismissal as well?
Expert:  LegalGems replied 10 months ago.

I'm sorry; I'm not set up for telephone calls at this time; I will opt out in case someone is available to do that. There is an additional fee for that service but the new contributor will advise you as to that fee as they are individually set.

Customer: replied 10 months ago.
Please answer my questions without a phone call. Thanks
Expert:  Infolawyer replied 10 months ago.

different expert here. You can pursue discovery or motion to compel production and response.

You may move to dismiss or may move for summary judgment when discovery complete.

Expert:  Infolawyer replied 10 months ago.

Kindly let me know if that is fast and clear.

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