My question involves collection proceedings in the State of: Virginia
I received a "Warrant In Debt" (Civil Claim for Money) today. It includes a copy of the original Credit Card Application that was signed with the bank. There are two small mistakes on the application however, the D.O.B. (that is printed, not written) has the incorrect month. Also, the date I must have wrote next to my signature is incorrect - the application was signed in 2009 but the date written is '08. On the first page it displays that I have been at my current residence for 58 days. I'm sure I could produce something that would substantiate that I didn't live at that residence until 2009.
I honestly have no desire to dispute that the debt is actually valid. I originally tried on a few occasions over the phone to negotiate a lower monthly payment but the bank would not budge one cent, and my income has not been sufficient enough to make any traction on the loan.
But before I receive judgement against me, and before me and my family are financially affected by this, I wanted to be sure that the burden of proof that falls on the plaintiff that is suing me is completely legit and legally valid.
I apologize in advance if the question seems ridiculous, but I have not been able to find any information about this!
My next step will probably be to seek out an attorney to discuss what is going to happen to us when the judgment falls. I just took the leap to becoming self-employed a few months ago, but still don't make nearly enough money yet to reasonably settle with them on the now almost $7,000 balance, in fact I make barely enough to get by. I am doubtful the bank is going to be receptive to $10 a month, but that's how we ended up here. The house we live in is in my wife's name, I have a bank account with a little over $100 in it, and a 2001 truck that is in my name but has little value.
I wish I had the money to pay the debt back, because I truly do believe it is the right thing to do.
Thanks so much for your time and consideration, and any insight you are inclined to give!