Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

A: A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was converted by the Defendant, by a preponderance of the evidence, that is, more likely than not. This is the normal burden of proof in a civil (noncriminal) case. The first date listed on the Warrant is typically a return date, where the judge determines whether the parties are at issue, meaning there is a controversy to be decided. If so, a trial date is set. The Plaintiff can request an Answer and Grounds of Defense from the Defendant, and the Defendant can request a Bill of Particulars from the Plaintiff. At trial, the parties can present evidence and testimony in support of their side of the matter. If the parties are not pleased with the outcome, either can file an appeal to the Circuit Court for a trial de novo, a new trial without regard to the outcome in the lower court.

Anyone facing a case in a General District Court in Virginia should consult with an experienced Virginia trial lawyer.

A: You have to go to Court and defend yourself with your facts. It would be better to hire a VA attorney to represent you as a possible judgment could be expensive. Filing a lien against you will affect your properties in that County.

A: I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so, did you have to execute a writ to have them removed. Depending on the circumstances, you may find some protections as a landlord for the actions you took to have the tenant evicted.