Legal Question in Civil Litigation in Virginia

Withdrawal of an Outstanding Complaint (Lawsuit)

Filed a Bill of Complaint in November 1999. Reached an out-of-court agreement, which respondent then breached. Plaintiff desires to withdraw the complaint, because it is showing up in the title search for property that plaintiff wishes to sell. How does plaintiff do this, and what form is used?


Asked on 2/04/02, 3:00 pm

2 Answers from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Withdrawal of an Outstanding Complaint (Lawsuit)

Your facts are not clear. Was ther a lis pendens filed with the law suit, and that is what is creating a title problem ? Otherwise I do not understand how a pending lawsuit can create title issues.

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Answered on 2/05/02, 9:39 am
Daniel Press Chung & Press, P.C.

Re: Withdrawal of an Outstanding Complaint (Lawsuit)

Unless there is a counterclaim and notice of lis pendens (or judgment), I don't see how a Bill of Complaint could affect title. But to dismiss it, you would need to obtain an order of nonsuit, either by submitting an order for the judge's signature or, if the defendant has appeared, either filing a consent order or noticing a motion to nonsuit for hearing - but note that you generally can't nonsuit if there is a counterclaim pending. But before doing any of this, I would suggest that you consult with a lawyer immediately to see why a lawsuit filed by you as a plaintiff is affecting your title.

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Answered on 2/04/02, 4:36 pm


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