Legal Question in Civil Litigation in Virginia

Hello. I live in Virginia and this is a Virginia case. Last week, I received a copy of a Warrant in Debt in the regular mail. It was from my condo management company seeking condo dues in arrears. Court date is 20 days from now. Obviously, I went right down to the condo management offices and paid the debt, in full! I was then told that they would go to the general district court clerk's office and have the matter withdrawn since I had paid the debt.

Fast forward to today (5 days later) where I receive a summons attached to my outside door knob. I've been served. This paper is exactly the same as the one sent by regular mail from the plaintiff (condo mgt. co.) So, naturally, I call the condo manager about this and now he tells me that he cannot withdraw the warrant in debt. He says the clerk said this is not possible. He said that he'll appear in court and tell the judge that I have satisfied the debt and that the matter is no longer pending. Furthermore, he said the matter would be dismissed by the judge and that the warrant would be "denied." No harm, no foul. I don't even need to appear.

Questions:

1) Is the plaintiff correct in asserting that they "cannot" do anything to have the warrant in debt withdrawn at this time, even though I have paid and they agree that I have paid? The check has cleared my bank, by the way.

2) Do I need to appear on the court date even though I have paid the debt, in full, and the plaintiff agrees? If so, what do I need to bring with me?

3) If the matter is dismissed as per the condo mgr's promise today, will that dismissal go against or even appear on my credit record? I would assume a dismissial equals no judgment, which equals no adverse, lingering affects on me?

Thanks so very much for your help!! I'm literally losing sleep over a debt I no longer owe!!


Asked on 1/27/10, 11:16 pm

2 Answers from Attorneys
Ryan Sullivan Sullivan Legal

Sorry to hear that you are losing sleep over a debt that you have already paid, hopefully your mind will be put at ease a bit here. Technically, the warrant in debt is issued by the Court, so the management company is correct in stating he cannot "undue" what has been done. As for appearing at the Court date, if it were me, I'd go anyway and bring the cancelled check. The last thing you need to have a miscommunication between the management company and the attorney that is appearing for them in Court that results in their requesting a default judgment against you. Depending on the Court, you are likely only taking a brief two hours or so to attend and make sure that the matter is properly dismissed as paid. Finally, if it is dismissed there will not be any adverse action on your credit report resulting from the case itself. That does not mean, however, that the management company did not report your nonpayment prior to filing suit. Check your credit report to be sure.

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Answered on 2/02/10, 6:18 am
Daniel Press Chung & Press, P.C.

In Virginia, the plaintiff can file a voluntary dismissal ("non-suit") of the warrant in debt. If they do, you need not appear. If they don't, I would appear just to make sure that they do in fact dismiss it.

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Answered on 2/02/10, 9:37 am


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