Legal Question in Civil Litigation in Virginia

Civil Case question

To make a long story short... I received a Warrant in Debt and had to appear in court. I showed and the Plaintiff did NOT. The judge informed me that the case is dismissed. Is this case over with.. or can the Plaintiff have it rescheduled? I thought once a case was dismissed it was over with.


Asked on 7/10/09, 12:21 pm

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Civil Case question

It should be, except for appeals, motions to rehear, motions for reconsideration, non-suited cases, and dismissals without prejudice. Depends on what you mean by "dismissed" and when it was done and how. It ain't over til its over, as they say.

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Answered on 7/10/09, 12:46 pm
Lee Berlik BerlikLaw, LLC

Re: Civil Case question

READ THIS FIRST: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop reading now.

RESPONSE:

Here's how it works. On the initial return date, if the defendant appears but the plaintiff does not, the Court will dismiss the action "without prejudice," meaning that the plaintiff can re-file. However, if this happens again on the trial date (i.e., the plaintiff does not show up), and you contest the claim, you will win the case and that will be the end of it.

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Answered on 7/10/09, 1:06 pm


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