Legal Question in Real Estate Law in Virginia
small claims court case dismissed without prejudice
The judge in my small claims court case offered me the plaintiff a ruling of case dismissed without predjudice. I took the ruling because the judge told me during the trial in which the only dialog for 30 minutes was between me and the judge. The judge stated to me that my case against a HOA was a matter for circuit court not small claims. I am preparing my case as a COMPLAINT for circuit court, is this the correct legal procedure? Please do not tell me to contact a lawyer, I prepared 61 type written pages in a Bill of Particulars plus 3 EXHIBITs which I introduced at the trial. A lawyer would only FORGET all the details that I uncovered in the hundreds of hours that I spent reviewing the Virginia Statues and HOA bylaws that were clearly broken. This case is NOT about money but it is about EMBEZZLEMENT from people who THINK (subjective) they know the LAW. Charging Condominum owners SPECIAL assessment fees for roofs and siding for TOWNHOUSE owners in the same HOA when the Condominium owners do not siding and the charges for our share of the roof was more than five times actual EXPENSES.
1 Answer from Attorneys
Re: small claims court case dismissed without prejudice
Yes, the correct term for the pleading to be filed in the circuit court is a complaint which used to be called a motion for judgment(on the law side of the court)prior to January 1, 2006.
Although you haven't asked for an opinion as to your prospects for success in the circuit court with this case(with a BOP no less than 61 pages), my surmise is that your prospects for success, unfortunately, are virtually nil. (And, believe me, I am no fan of HOA's and wish I could predict otherwise.)
In short, you are very likely just wasting your time along with some money and, obviously, also, not an inconsiderable amount of effort on your part in prosecuting this matter.
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