Civil Litigation

First Point Law Group helps people and small businesses in Fairfax and across Northern Virginia resolve disputes over agreements and money. Some clients come to us because they are owed money and want it back. Others have just been handed a Warrant in Debt or a complaint and need to know what happens next. Either way, we start by reviewing your documents, explaining where you stand under Virginia law, and recommending the most practical path, whether that’s a demand letter, negotiation, mediation or court.

Disputes We Handle

• Breach of contract: written or oral agreements that weren’t honored, including disputes between contractors and their customers
• Unpaid invoices and money owed: collecting what a customer, client or former partner owes you
• Business disputes: disagreements between business partners or LLC members, and with customers or vendors
• Personal guaranties: enforcing a guaranty, or defending against one you signed for a business debt
• Warrant in Debt and lawsuit defense: responding when you or your business is sued for money
• Judgments: collecting a judgment you’ve won, or protecting your wages and accounts after one is entered against you

Owed Money? How a Claim Works in Virginia

Many disputes end with a well-prepared demand letter. When they don’t, we file in the court that fits your claim and build the case around your documents, including the contract, invoices, emails and payment records. A few Virginia rules shape every claim:

• Deadlines. You generally have five years to sue on a written contract signed by the other party, and three years on an oral or unsigned one. The clock usually starts when the contract is broken, not when you discover the harm.
• Attorney’s fees. Each side usually pays its own lawyer. Fees can shift to the other side when your contract or a statute allows it, and the request has to be made in your court papers.
• Interest. Virginia judgments earn 6% interest a year, or a higher rate if your contract sets one.
• Arbitration clauses. If your agreement requires arbitration, a Virginia court will generally send the dispute there and pause the lawsuit.
• Businesses. A company officer or authorized employee can file a straightforward collection case for the business in General District Court. Contested steps, such as written pleadings, motions, subpoenas and questioning a debtor under oath, require a lawyer.

Been Sued? What to Do After You’re Served

A Warrant in Debt is a civil lawsuit for money, not a criminal arrest warrant. But ignoring it can be costly. Here is how the two most common lawsuits compare:

	Warrant in Debt (General District Court)	Complaint (Circuit Court)
Your first deadline	Appear on the return date, set no more than 90 days after you are served	File a written response within 21 days after you are served
If you do nothing	The judge can enter a default judgment against you	You are in default and give up your right to a jury
Who decides	A judge	A judge, or a jury if one is properly requested
If you lose	10 days to appeal for a brand-new trial in Circuit Court	30 days to file a notice of appeal with the Court of Appeals of Virginia

In a debt case, a creditor who files a sworn statement of what you owe can get judgment for that amount without further proof, unless you appear and deny the claim under oath, or file a response, before the return date. In General District Court your denial doesn’t have to be in writing, and if you owe only part of the claim, judgment can be limited to that part. The judge may also order the creditor to file a written Bill of Particulars and you to file written Grounds of Defense.

The sooner we see your papers, the more options you have, including defenses, counterclaims and settlement.

Which Virginia Court Will Hear Your Case?

• Up to $4,500: General District Court. Claims up to $5,000 can also be filed in its small claims division, where neither side may be represented by a lawyer.
• More than $4,500, up to $50,000: General District Court or Circuit Court.
• More than $50,000: Circuit Court.

These amounts don’t include interest or attorney’s fees, and the General District Court limit rose from $25,000 to $50,000 on July 1, 2025. General District Court moves faster and is decided by a judge; Circuit Court offers a jury trial and fuller pretrial discovery. For claims in the overlap, choosing the court is a strategic decision we’ll make with you.

In Fairfax, both courts sit in the Fairfax County Courthouse at 4110 Chain Bridge Road, a short drive from our office. The General District Court’s civil division is in Room 211, and small claims cases are heard on Fridays.

After a Judgment

Collecting what you’re owed. Once a judgment is recorded in the land records, it becomes a lien on the debtor’s Virginia real estate. Starting 21 days after judgment, a creditor can ask for a writ to seize property, question the debtor under oath about assets, and garnish wages or bank accounts. Judgments entered since July 1, 2021 last 10 years and can be extended.

Protecting what you have. Virginia law limits what a creditor can take. Wage garnishment is generally capped at 25% of disposable earnings, with more protection for lower earners. Since July 1, 2026, a bank served with a garnishment must automatically protect up to $1,000 across your accounts. You can also claim other exemptions, with a right to a hearing within seven business days.

Bankruptcy

We also handle bankruptcy matters.* When debts can no longer be managed, filing for bankruptcy may be an option. We help individuals understand whether it fits their situation and, if it does, represent them in a Chapter 7 or Chapter 13 case.

• Chapter 7: wipes out many unsecured debts, such as credit card and medical bills, for people who qualify under an income test. A trustee may sell property that the law does not protect.
• Chapter 13: lets you keep your property and repay all or part of what you owe through a court-approved plan lasting three to five years. It can also let you catch up on missed mortgage payments over time.

Filing stops most collection efforts while the case is open, including lawsuits, wage garnishments and foreclosures. Some debts, such as child or spousal support, most student loans and many taxes, usually can't be wiped out. Cases from Fairfax are heard in the Alexandria Division of the U.S. Bankruptcy Court for the Eastern District of Virginia. Bankruptcy matters are handled by Katherine Martell and Jad Sarsour.

* First Point Law Group is a law firm. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Our help with debt lawsuits, wage garnishments and other debts may involve bankruptcy relief under the Bankruptcy Code.

What a Civil Case Costs

The cost depends on the dispute, the court and how far the case goes, and many disputes resolve well before trial. In Virginia each side usually pays its own attorney, but a contract or statute can shift fees to the other side, which is one more reason to bring your agreement to your consultation. We explain our fees clearly before you decide anything.

Your Civil Litigation Team

Civil cases are handled by managing partner Katherine Martell, who began her career on corporate and litigation matters at DLA Piper and has appeared before the Supreme Court of Virginia, the Court of Appeals of Virginia, the U.S. District Court for the Eastern District of Virginia and circuit courts throughout Northern Virginia. Every outcome depends on the facts of your case and the law, and we’ll give you a straight answer about yours.