Legal Question in Credit and Debt Law in Virginia
Civil Claim For Money
Recently a Civil Claim For Money against me was Dismissed because the other party or their lawyers never showed up for any of the preceedings. Does this mean that the entire claim is completely null and void or are they able to start the case all over again? This case has been ongoing for three years now and ultimately Dimissed on January 12, 2006.
1 Answer from Attorneys
Re: Civil Claim For Money
It depends on what the court ordered. The court
could have dismissed the case "with prejudice
(against refiling) or "without prejudice."
If the case was non-suited or dismissed WITHOUT
prejudice, then they can file it again later.
This is common.
YOu can call the clerk of the court and ask
them the status of the case.
You should have asked for judgment in your
favor based upon the plaintiff not showing up.
Since it was only 1/12, you might still try to
file a motion for judgment in your favor based
upon the plaintiff's default in not showing up.
How to do this would depend on whether it is
in circuit court or general district court. If
it is in circuit court, the order might not have
been signed yet, and you might still be able to
get a modified order.
In either case, you could file a motion for
reconsideration and/or modification of the
1/12 decision to ask for a judgment in your
favor. That would be final.
You could call the judge's law clerk (if in
circuit court) to ask if the order has been
signed or not.