Collections: Ensure Good Faith in Pleadings

Virginia Code §8.01-271.1, and its federal equivalent Rule 11, provide for sanctions against litigants and\or attorneys who file frivolous pleadings or motions. Under the Virginia Code and the Federal Rule, a signature attached to a pleading or motion constitutes a certificate that:

           1.        The signatory has reasonably inquired into the facts and that the claim is well founded in fact, and warranted by existing law, or that there is a good faith argument for the extension, modification or reversal of existing law, and

           2.        The pleading or motion is not interposed for an improper purpose (i.e. delay or harassment).

Sanctions include the payment of reasonable attorney fees and expenses incurred as a result of the frivolous pleading or motion. So, be sure of what you sign when you sign it!