If I the defendant do not receive the Bill of Particulars requested at hearing, Do I still need to submit Grounds of Defense. VA

Bankruptcy and Debt 5 views 2 answers
In Virginia I am being sued for an unpaid credit card. I went to the hearing and requested a Bill of Particulars. If I do not receive them by requested date(3 days to go) Do I still need to submit Grounds of Defense? Is it my responsibility to contact plaintiff regarding Bill of Particulars and would case be dismissed without prejudice automatically if they fail to provide me with the Bill of Particulars?

Attorney Answers

2
Eryk Boston ·
You can't be expected to file a proper grounds of defense if you don't know exactly what they are claiming. What usually happens is that you will get a Bill of Particulars or a Non-suit notice on the last allowed day.
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Jason Krumbein ·
Commonly, the plaintiff;s lawyer will send it in on the last possible day. If you don't get it, wait until about a week before your response, the Grounds of Defense is due, and contact the clerk, to make sure THEY didn't get it. If they got it, then go by the clerks office and take a look at what they filed. If they did not, then you can move for summary judgment under Rule 7C:2. BEWARE. if they file a day or 2 late, the judge in most jurisdictions will allow them a late filing, but if the Bill of Particulars is sufficiently late that you cannot be expected to be prepared, they will not permit them to file late. If you need help, feel free to contact me.
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