Legal Question in Civil Litigation in Virginia

If a small claims court case is filed against me and another defendant and I am served with notice but the other defendant cannot be found, what is likely to happen at trial if I am the only defendant present? Will the plaintiff be given another chance to serve the other defendant, forcing the trial to be postponed? Will the plaintiff be given the choice of either receiving the alias and dismissing me, or dismissing the other party and proceeding against me? Since I appeared, it wouldn't seem fair to make me return to court for a postponed trial, and I don�t think the court would bifurcate the case, trying each defendant separately. Thank you in advance.


Asked on 1/22/14, 2:54 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

If this is the first appearance, you will be asked whether you agree or do not agree that you owe the amount the plaintiff is requesting. If you say no, the matter will be set for trial at a later date. The plaintiff may proceed against you whether or not the co-defendant is located and served, and any judgment will be your responsibility to pay. If the co-defendant is located and served and also found to owe the plaintiff, you and the co-defendant will be jointly and severally liable, and the plaintiff can collect from whomever is available to pay.

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Answered on 1/23/14, 6:59 am


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