Legal Question in Civil Litigation in Virginia
I was served with a Civil Action Complaint, Breach of Contract, in Fairfax County Circuit Court. I have filed a Motion to Dismiss for Lack of Jurisdiction (the same case was previously opened by me in Loudoun JDR District Court).
Does my Motion to Dismiss (which will be heard 11/15) extend the number of days I have to respond to the Fairfax Complaint against me? If so, how do I calculate the additional number of days to respond?
Or, is my Motion to Dismiss irrelevant to the time to respond,meaning I still have to respond within 21 days of being served?
Thank-you,
Janet
1 Answer from Attorneys
Unless the court is willing to construe your Motion to Dismiss as a
procedurally valid Answer to the Complaint with which you were served, you
will need to file such an answer within 21 days of being served with this
Complaint to avoid putting yourself in jeopardy of a default (in my opinion).
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