Hello Please Help, I don't know what to do.

Can you give them a personal visit?

It seems to suggest that it's a complaint. Perhaps you have to be personally served and that will happen later. You should check your court rules.

When someone doesn't answer a summons and complaint if that is required, a plaintiff will often seek a default judgment. It's important that you get your court's rules, since rules in different courts are different.

 

Obviously you can't just move there. Have you found this site?: The Official Website for the Supreme Court of Virginia

 

Those images are totally useless. Can't read a thing no matter what I do with them. I'd suggest that you set up a google docs page and see if you can't make it come out more readable that way. In Google Docs you can set the size of the displayed image and that should make it readable if you set your scanner properties correctly.

 

They were just JPG files which show up fine for Dumb Bob right in the web browser. Downloading and viewing with external JPG software also worked fine for Dumb Bob. The Google Docs version seems fine too.

 

Is that how they do captions in Virginia? Check the rules, and other lawsuits. If you can't get to your courthouse, you might be able to look them up online and pay to have them copy some of it. But often you can look at what you were sent. What does it look like?

Appearance: tells all parties you are in the suit and require service of all documents.
Answer: Your response to Complaint to avoid Default Judgment.
Motion: A request for the court to do something specific.

Often the Appearance and Answer are filed with the court and served to the Plaintiff together. This isn't usually required although not filing an Answer means the Plaintiff can still at least try for a Default, although you should hear about it since you'd have appeared. In the sorts of cases that are often discussed around here, that's the usual thing to happen, the Default, Dumb Bob means.

With a motion, you could make the other side drive in for a court hearing that they otherwise would not be attending. This is the sort of thing that lawyers try to charge for so it makes sense to make as sure as you can be that your arguments are correct or at least reasonable. That doesn't mean don't file motions, it means make sure you do it right.

This appears to be the state laws of Virginia, not its court rules. The laws are very important, of course, but the day to day nuts and bolts of court room action are usually mostly decided by the court using its rules and its case law. There are places where the state's legislature will overrule the courts, so certainly you should read the laws on civil procedure too. In fact, partly why it seems so disjointed is that it is just overruling the courts on this or that seemingly random thing.

 

Personally, I dislike affirmative defenses because by definition they admit that certain allegations of the plaintiff are true but argue that there are mitigating circumstances. In your case you didn't specify which of the plaintiff's allegations are true or what your affirmative defenses actually are. A list of what they might be don't cut it. So in net effect what you did was to try to deny everything and call your denials an affirmative defense. That's a very common mistake. I've even seen practicing attorneys make that same mistake. But that is water over the dam now so I wouldn't worry that much. You can amend your response later if necessary.

But where is the affidavit you speak of. That affidavit may very well turn out to be the most important document of all. Once you have posted the affidavit please give us editorial privileges through the share options so I can post some comments on it instead of having to try to bring them back here all the time. Copy and paste from an image don't work well if at all.

While FIA card services may be a subsidiary corporation of Bank of America you must be careful about how you list their address because if you try to sue them for whatever reason (maybe providing a false affidavit) and you serve the summons on Bank of America you will suddenly find yourself embroiled in a morass of problems as they attempt to squirm out of it by claiming you served them at the wrong address.

Since the vast majority of affidavits rendered by attorneys are false and fraudulent you probably have about an 80 to 90 percent chance that yours is too. Even if it is false and fraudulent that may not help you in local court because the judge can skirt the issue for them if s/he chooses to do so. I've seen judges do that too. About all they have to do is rule that the affidavit is not allowable as evidence and proceed with the case and you lose no matter what they did wrong. Take the matter to federal court and sue them for providing false and misleading information to a consumer among other things and you will quickly find out how well they like using such affidavits then or in the future. (LOL) They don't need the affidavit to win in the first place. It just makes their case look better. Like putting lipstick on a pig. Don't change the fact that it is still a pig.

 

Yeah but it's a pretty pig and dances well lol