Virginia | Credit and Debt Law
Legal Question
Can a warrant in debt be sent to me using the USPS with no signature or confirmation required in Virginia? I have heard that a deputy must deliver or post it. What if I never received it and did not know that there was a court date and I missed it?
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Legal Answer
The proper procedure requires both mailing and service by the sheriff or a process server.
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Chung & Press, P.C. 6718 Whittier Ave., Suite 200 Mclean, VA 22101
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Legal Answer
I agree with you and Mr. Press. You must be actually served by a deputy or other process server, in person or by posted (putting on your door) service. If you were not properly served, and judgment was entered (check the Virginia Courts website, which is quite good), you might file a motion under Virginia Code § 8.01-428 to have the judgment vacated or set aside. You should consider consulting an attorney for help. Good luck.
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Law Office of Cary Powell Moseley, PLLC 916 Main Street, Third Floor Lynchburg, VA 24504
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