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Bill of Particulars in Virginia


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Hello. I got served a warrant in debt in Fairfax County, Virginia from a collection agency. I reviewed the paperwork and am very surprised because I have never owned a Capital One Bank credit card. I did some research and it said when I go to court to ask for a bill of particulars. I have never done that. What exactly will that do? Do I have to do any paperwork to get the bill of particulars? Also, at what point can I tell the court that this is not even my account. What can I do to make them provide me a signature of the contract? Please help me.

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Well a bill of particulars in VA is to be filed by the defendant - you file your reply using form 442.

If you're not comfortable doing so, or don't want to learn the system on your own, then you may want to get an attorney

If I file a GROUNDS OF DEFENSE can we request a signed contract of the credit card application. How can they just sue. Dont I have the right to ask for signed documents with MY signature?

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You ask for documents in discovery. Why do you say this is not your debt? Cap 1 does not sue people who never had accounts with them. Did you ever have a credit card you deefaulted on? It may have been issued by Cap 1. All credit cards are issued by national banks, doesn't matter who you applied with. Home Depot, etc. They all use Chase, Citi, Cap 1, tc. and they get a piece of the interest. the amnesia defense never works, it just makes the judge angry.

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You ask for documents in discovery. Why do you say this is not your debt? Cap 1 does not sue people who never had accounts with them. Did you ever have a credit card you defaulted on? It may have been issued by Cap 1. All credit cards are issued by national banks, doesn't matter who you applied with. Home Depot, etc. They all use Chase, Citi, Cap 1, tc. and they get a piece of the interest. the amnesia defense never works, it just makes the judge angry.

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You ask for documents in discovery. Why do you say this is not your debt? Cap 1 does not sue people who never had accounts with them. Did you ever have a credit card you defaulted on? It may have been issued by Cap 1. All credit cards are issued by national banks, doesn't matter who you applied with. Home Depot, etc. They all use Chase, Citi, Cap 1, tc. and they get a piece of the interest. the amnesia defense never works, it just makes the judge angry.

Because I have NO records of ever owning this card.

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  • 3 weeks later...

In Virginia, you must *appear* in court on the day shown on the Warrant in Debt. It is a hearing. The judge will run through the entire docket (at least they did in Loudoun). When your name is called, you stand up and go forward. The judge may ask if you want to work it out with the lawyer. I said, "no thank you, your honor. I would like to request a trial date and a Bill of Particulars". She simply said "okay", and set all of the dates.

There was one lawyer there representing someone who tried for a Summary Judgement based on expired SOL, but the judge didn't want to dispose of it and set a separate hearing to discuss the motion. So, easiest to just put it back on the JDB and make the court demand the BoP.

I felt most sad for those few who *did* bother to appear, only to agree that they might owe money and to discuss afterwards with the JDB attorney. They had no idea that all they just did was admit the claim and agree to a garnishment.

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