Basking Ridge, NJ asked in Landlord - Tenant for Virginia

Q: My former landlord is trying to sue me for damages I did not do. The judge ordered him to provide a bill or particulars

My former landlord is trying to sue me for damages I did not do. The judge ordered him to provide a bill or particulars by May 3rd and I have until the 24th to reply. I got a letter in the mail yesterday and the only thing written on the bill is I caused damage to the property in the amount he is suing for. Nothing else was provided. what are my options? can I ask for the case to be dismissed?

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: The judge ordered the landlord to file a "Bill of Particulars" which is a statement of the specifics or particulars of his claims against you for the damages. You probably were ordered to file an "Answer and Grounds of Defense" which is a statement as to the reasons you deny the landlord's claims for the damages. You need to file the Answer and Grounds of Defense by the due date of May 24, 2019 or you will be in default and the landlord will win the case without doing anything more. If both documents are filed with the court and a copy sent to the opposing party, then there will be a trial date for the landlord to prove his claims. The landlord has the burden of proof to persuade the judge that you caused the damages. This is a heavy burden. You may want to consult with a lawyer to represent you in this case.

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