Here is a great example of a Warrant in Debt I completed here in the great State of Virginia. These documents vary by state, so please contact your Clerk of Court or check their website for appropriate resources to help you file your claim. This warrant in debt was directed towards an out-of-state corporation so I needed to also conduct a service of process against the registered agent (we'll do that one another day). Special thanks to the Clerk's Office here in Fairfax County. They are extremely helpful. But be forewarned, they do not provide legal advice. They are just incredibly helpful at providing you forms as well as guidance in understanding the forms. Although there is no better substitute than a good, local, FREE attorney. It is possible to pursue a claim Pro Se.
So, I recently discovered that Cinch was stealing my monthly premiums after they unilaterally renewed my contract without my permission or full disclosure. I discovered this fact only after I subpoenaed them for the records. I am still waiting for the full completion of the subpoena, but in the interim I decided to file a new claim to resolve this issue.
The first thing to remember when filing in Virginia is to bring your checkbook to file the claim. The Clerk of Court will need an actual check to process all of the fees.
Next, complete the Warrant in Debt. In the example above I included the location of the court. Next I completed the dollar amount of my claim as well as my claim itself: Automatic Contract Renewal without permission or ability to cancel. Don't get fancy with your claim as a Pro Se litigant. I saw one judge dismiss this one guy's case with prejudice because he included a specific legal term for his claim which was a term of art. He was inaccurate with his claim because of the narrow scope of the term he used. Therefore, keep your wording broad and based in actual fact.
Next you include your information as the plaintiff and then include the information for the defendant. Again, it is important to get the defendant's information accurate. Check with your State's Corporation Commission if suing a corporation. Conduct an Entity Search to find the correct address and any other pertinent facts about the company you're suing.
And then sign it! As a Pro Se litigant you MUST sign and include your pertinent contact information to every pleading and motion for your case. As a final word of caution, make sure your claim is not improper or vindictive. You should only file a claim that you are pursuing for the expressed purpose of righting a wrong. Not because you hate the corporation or person and you want them to waste lots of money on litigation. That is NOT the purpose of the judicial system and it is sanctionable.
And that's it, you're done! Make sure you reach out to us directly at cinchhomeservicesscam@gmail.com for questions and subscribe to the blog for future updates.
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