Legal Question in Business Law in Virginia

warrant in debt, sub not paid, Virginia

My small S corporation purchased a sign from a local sign company. The local sign company subcontracted with a supplier that is claiming they were never paid and they have filed a civil suit, warrant in debt against both the company we contracted with and us. A little research on the Circuit Court Site reveals that the subcontractor files a civil suit for warrant in debt against just about everyone (hundreds), via a collection agency, with almost all of those cases dismissed, with their only won cases being default judgements. Clearly they've found an angle to get more money from companies that settle because they don't want the hassle, or that don't show up on court day. Is there anything that can be done to prevent this type of activity that is simply burdening the court system? It seems that these frivilous law suits should be against the law and compensatable to the defendants that spend time defending themselves.


Asked on 9/28/07, 9:36 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: warrant in debt, sub not paid, Virginia

There is a provision in Va. law for sanctions for frivolous suits (Code 8.01-271.1). You can make a motion under that section. They are rarely granted in General District Court, but if you can show that they have done this before and lost multiple times, you may convince the judge to award you an appropriate sanction.

Read more
Answered on 9/28/07, 10:32 am


Related Questions & Answers

More Business Law questions and answers in Virginia