Legal Question in Credit and Debt Law in Virginia

Re: Non-Suit Judgements

If they refile within 6 months, they get to claim the earlier filing date for the purpose of the statute of limitations.

THEY CAN re-file AFTER 6 months.

But in that case, the statute of limitations starts to run again. So by the time they re-file, if they do not do it within 6 months, they might be barred by the statute of limitations at that point.

Filing within 6 months allows them to count the filing date of the first case as the starting date under the statute of limitations. If they file outside 6 months, they have to count the NEW filing date to calculate the statute of limitations, although they might be able to deduct the time the earlier case was pending.

Calculating whether they are or are not too late is too complicated in that situation to give a general answer here.

You do not need to do anything. Indeed, you CAN'T do anything.

The case is dismissed. It is gone. No case exists.

They would have to start a whole new case when they re-file. So, legally right now there is no case.

It is like if someone COULD file a lawsuit against you... but they don't (not yet).

So the best thing you can do is hope they forget.

Reminding them about it would probably not be in your best interest. Your safest course of action is probably silence, and hope they just forget about it.

Now, I am not advising you to fail to pay any valid debts. But for your legal advantage, that is what you would do.