What to file in circuit court to collect on a 75,000.00 prommissory note

Asked almost 3 years ago - Woodbridge, VA

i have a note signed and notirized for $300,000.00, so far he is not paid $75,00.00 what forms do i fill out in circuit court

Attorney answers (3)

  1. Sammid J Mansoor

    Contributor Level 9

    Answered . In Virginia, our courts have different jurisdictional limits.

    For cases which are less than $5,000 you can go to small claims court, based on a warrant in debt, affidavit of claim, and service member's affidavit. In small claims court the judge will hear your argument and the defendant's defense and make a ruling based on the testimony. Attorneys are not allowed to represent clients in small claims court.

    For cases which are $25,000 or less, you can go to general district court, based on a warrant in debt, affidavit of claim, and service member's affidavit. In GDC the judge will, ask if the amont is in dispute, and if so, set it for trial. Here you may be asked to file a Bill of Particulars, a detailed story on why you think the other party owes the money. The Defendant will file an answer, his reasons why he doesn't owe the mney. The judge will then have a trial and based on the pleadings and testimony, make a ruling. Attorneys are not required in GDC, howver most actions are brought by attorneys, so an attorney is recommended.

    For cases over $25,000, you need to go to circuit court. It is highly recommended that you have an attorney in CC. CC has more stringent rules and procedures which must be followed. Failure to properly follow these rules and procedures could result in your case being dismissed, often with prejudice, meaning that you forever have lost your claim.

    If you need more information, we offer a free consultation.

  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . There is no form. You need to file a complaint in the circuit court. It is a formal proceeding. I suggest that you hire an attorney because mistakes can lead to seeing your case dismissed.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more
  3. Gary D. Bollinger

    Contributor Level 19

    Answered . Get a lawyer!

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