Legal Question in Civil Litigation in Virginia
fighting for the little guy pt 2
in continuation of the last discussion, i understand your answer in meaning that the insurance company is entitled to any benefits secured from the judgment due to any payments made to the insured, is that correct? if so, wouldnt their name still have to be on the petition/complaint as a joinder? 2nd question. the respondant did not respond within the 21 day time limit, truthfully they still have not responded and it has been over 1 1/2 months. should i file a motion to show cause and a motion to dismiss or can i request a verbal motion to dismiss at the hearing?
1 Answer from Attorneys
Re: fighting for the little guy pt 2
Yes. No, their insured(and not the insurance carrier itself) would be listed as the defendant
in any pleading that would be filed by either side in a lawsuit concerning the matter.
More information is required as to your second inquiry. In Virginia civil pleading, plaintiff and defendant are the recognized terms for the adversary parties; respondents are found in mental health and juvenile matters.
As to the 21 day response time frame which you've mentioned, none of it makes any sense in connection with the motions which you've referenced and lends the distinct impression that you simply don't know what you're doing. (You would therefore appear well advised to arrange for a consultation with an attorney who can examine your documents and advise you, accordingly.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
