Norfolk, VA asked in White Collar Crime, Contracts and Civil Litigation for Virginia

Q: How do I write a Grounds for Defense without a Bill of Particulars? Or do I use the old one?

My then wife and I signed a lease agreement with a vacation time share company in '95, ended 2012. They sent all correspondence to my ex in another state and got a judgment against both of us in 2017.

I learned of the garnishment 2019 and filed a motion to set aside, proved I was never served and won. Now it is a Warrant In Debt again, judge ordered me to provide a Grounds of Defense in response to Bill of Particulars (BOP) due the 10th.

Do I assume the old BOP or should I have received a new one by now?

I sent a Motion to Dismiss today citing Statute of Limitation noting this was time barred. Leg to stand on?

I live on disability, 4 hour drive, copies of documents, this is killing me financially. I am completely clueless.

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

A: When the Judge granted your Motion to Set Aside the default judgment, the Judge generally would order a new Bill of Particulars to be filed by the Plaintiff by a date certain and then the Defendant (You) to file a Grounds of Defense by a date certain to the allegations asserted in the Bill of Particulars. If no Bill of particulars was ordered by the Judge to be filed by the Plaintiff, but a Grounds of Defense was ordered for you to file, you should set forth all the factual and legal grounds you have in your defense and send the original to the Court with a copy to the opposing party or opposing attorney.

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