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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm a resident. I've had a Warrant of Debt put on me for a

Customer Question

I'm a Virginia resident. I've had a Warrant of Debt put on me for a court date of 10/18/16. I've been working through Clearone Advantage in a debt settlement program. Clearone has since I received the Warrant of Debt, worked out a settlement with the Law Firm. I have actually made two monthly payments on a 12 month payment schedule of the debt. The third payment will be at the end of this month. I do owe the money and hate the fact they are still pursuing the Warrant of Debt even though I'm paying them back on the settlement. Do I need to appear in court? I cannot afford and attorney. There agreement says they will pursue no further action if the payments are made a schedule. If I don't have to appear, how will I know the judgment has been rendered against me? Will I receive legal papers from the court or what? I did this to myself, I'm just trying to minimize the damage done if at all possible. I simply cannot afford an Attorney because the debt.
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

Unless there was a written agreement that they would drop the lawsuit, then the lawsuit is still ongoing. Whatever has been paid into the matter via debt settlement program should be credited towards the total, however. And, if the total was reduced, then this should also be reflected.

If no such agreement has been signed in writing, then it is as though it does not exist and would be very hard to prove verbally.

If there was such an agreement signed that the amount shall be repaid piecemeal, then someone in your situation may wish to file a general ANSWER if they have not already, and then also a Motion to Abate (or dismiss, depending on the nuance), asking the Court to drop the lawsuit because the parties are going by an agreement.

Either way, one wants to appear in Court. And show the agreement. And, file the answer and motion to abate/dismiss as needed.

You would receive copies of whatever is filed by the Plaintiff from the Plaintiff. You would receive copies of whatever the Court sends out (such as a scheduling order for the lawsuit).

Many times, the creditor simply forgets to dismiss the case. One may wish to contact the creditor (or rather, the law firm that is filing the case) and ask them to drop the suit. They may agree to simply do so.

I can provide a list of pro bono/low cost legal help in VA is you'd like, in case you need counsel. Let me know.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 month ago.
I cannot afford a Lawyer. Is this something I can do myself? Can I file on my court date which is tomorrow? Where would I get this form to file?
Customer: replied 1 month ago.
Is there pro bono or low cost attorneys in Scott County, VA?
Expert:  Ely replied 1 month ago.

While you can do this yourself, it is not recommended. Yes, you can file on the court date. While this is somewhat late, it is better late than never. A sample ANSWER may be found HERE.

As for leads for pro bono/low cost attorneys, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/virginia.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-virginia.asp

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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