Legal Question in Civil Litigation in Virginia

To file a warrant in debt how do I chose the proper venue? My office is in the City of Alexandria, VA and I met client there. Client lives and works in Fairfax County, VA. I have also talked to client from my home in Prince William County, VA

Asked on 8/29/17, 5:16 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

more of an art that a science. However, if the debt is a consumer transaction, the Federal Fair Debt Collection Practices Act requires that the lawsuit (here Warrant in Debt) must always be filed in the County in which the debtor resides.

Your question raises the sometimes complicated question of contract formation versus contract performance.

It sounds as if the contract was formed at your office in Alexandria and Alexandria is the place of contracting.

You may have performed the contract from Prince William County but also from Alexandria.

For a business to business or non-consumer transaction, there are a range of possible venues. It is not as limited as it might seem.

Normally the preferred venue is where the defendant is located.

However, since these are all counties right next to each other there is really not a problem in using any of them.

In my practical experience, Fairfax is well-organized but extremely busy and therefore of limited patience. Alexandria is often easier to work with. The judges have a little more time to give patience and time to work with you.

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Answered on 8/29/17, 5:57 pm

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