Jump to content

Answer and Grounds of Defense Submitted - Advice on Next Steps


Recommended Posts

I have started a new topic with a new title as I am in a new part of the process.

 

As those who have seen my other thread may remember, I am being sued in Virginia by Discover Card for about $3,000.00.  The plaintiff's counsel has submitted their Bill of Particulars, and I have submitted my Grounds of Defense.  The trial is in just over one month.

 

So far, I have not heard anything from anyone after submitting my Grounds of Defense, so I am looking for advice on the next steps. 

 

The plaintiff's affidavit (and the lawsuit itself) has a significant error in it (not just a simple typo or something like that), so my main plan is to discredit the affiant based on that, and therefore send the affidavit and the credit card statements on their way.  I'm not sure if I should post the details of what the error is in case there are any "unwelcome eyes" reading this board.

 

My main question is at what point I should attack the affidavit/affiant?  Should I file a motion to dismiss the affidavit/plaintiff's exhibits ASAP, or should I wait until trial?  I don't want to give them a chance to correct anything, but I also want to make sure I get a chance to get the material dismissed.

 

I don't recall seeing anything about this in the rules of civil procedure for Virginia that I have read so far.  I did find a couple of resources that perhaps someone who is more familiar with legal procedures can point out to me the relevant sections of:

 

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+TOC08001000014000000000000

 

http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf

 

Thank you to everyone in advance for your help!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.