Warrant in Debt-Interpleader (Form # DC-428) (Landlord) – Virginia Court

The “Warrant in Debt-Interpleader” (Form # DC-428) is a legal document used in the Commonwealth of Virginia to summon defendants in cases where there are multiple claims on a specific property or sum of money held by a plaintiff. This form commands authorized officers to notify defendants to appear in court to interplead their claims. It is filed under Va. Code § 16.1-79 and is utilized in General District Courts.

The form outlines essential details such as the court’s address, the return date and time for the defendant to appear, and a description of the claims involved. It includes sections for plaintiff and defendant information, attorney details, and case disposition instructions. The form also provides guidance on how defendants can dispute the claim or request a change of trial location. Additionally, it mentions accommodations for individuals with disabilities and instructions for service of the warrant.

Overall, this form is a crucial tool for resolving disputes involving multiple parties with competing claims on the same property or funds.

Follow these step-by-step instructions to ensure accurate completion:

Court Information

1. • General District Court: Enter the name of the city or county where the court is located.
   • Street Address of Court: Provide the complete street address of the court.

Defendant(s) Summons

1. • Defendant(s) Information: Write the full name(s) of the defendant(s) you are summoning.
   • Return Date and Time: Indicate the date and time when the defendant(s) must appear in court to interplead their claims.

Date Issued

1. • Fill in the date when the form is being issued.
   • Check the appropriate box to indicate whether the form is being issued by the Clerk, Deputy Clerk, or Magistrate.

Claims

1. • Description of Property or Money: Describe the personal or real property or money held by or on behalf of the plaintiff(s) that the defendant(s) have or may have claims on.
   • Check the appropriate box to indicate whether there is another case connected with this Warrant in Debt. If connected, provide the case details.

Plaintiff(s) and Defendant(s)

1. • Plaintiff(s) Information: Enter the full name(s) of the plaintiff(s).
   • Defendant(s) Information: Enter the full name(s) of the defendant(s).

Request for Determination

1. • Court Name and Case Number: Provide the name of the court and the case number.
   • Plaintiff(s) Request: State that the plaintiff(s) request the court to determine the rights of the parties to the described property or money.

Plaintiff’s Signature

1. • Date: Enter the date when the plaintiff or their representative signs the form.
   • Check the appropriate box to indicate whether the form is signed by the Plaintiff, the Plaintiff’s Employee/Agent, or the Plaintiff’s Attorney.

Case Disposition

1. • This section is for court use. Use Form DC-480 for case disposition details.

Disability Accommodations

1. • Provide information on how individuals can contact the court for disability accommodations.

Additional Notices

1. • Inform the defendant(s) about their rights to dispute the claim and the procedures for objecting to the venue.

Service of the Warrant

1. • Personal Service: Indicate if personal service was made and provide the telephone number if applicable.
   • Substitute Service: If personal service couldn’t be made, describe the alternative service method used (e.g., delivered to a family member, posted on the door, served on the Secretary of the Commonwealth).

Certification of Mailing

1. • Date: Enter the date when the document was mailed to the defendants.
   • Check the appropriate box to indicate whether the mailing was done by the Plaintiff, the Plaintiff’s Attorney, or the Plaintiff’s Employee/Agent.

Objection to Venue

1. • Provide instructions to the defendant(s) on how to file a written request to change the trial location if they believe the case should be tried in a different city or county.

Tips for Filling Out the Form

• Ensure all information is accurate and complete.
• Use clear and legible handwriting or type the information.
• Double-check dates and names for any errors.
• If you are unsure about any section, seek legal advice or assistance from the court clerk.

By following these steps, you can accurately fill out the Warrant in Debt—Interpleader (Form # DC-428) to facilitate the resolution of interpleader claims in the Commonwealth of Virginia.