Legal Question in Credit and Debt Law in Virginia
Statue of Limitations after Change of Venue
In October of 2005; I won a motion to change venue with regards to a debt collection case. The case was finally transferred to the new venue in February of 2007. To date the Plaintiffs attorney has taken no action on the case since the transfer (almost seven months ago).
My question is: How long does this attorney have to act before I can have the case dismissed, due to the Statue of Limitations?
1 Answer from Attorneys
Re: Statue of Limitations after Change of Venue
The statute of limitations is not a factor in this situation since suit has already commenced and been answered(by you). However, if nothing further happens, the court having jurisdiction over the matter will eventually dismiss it on its own accord for lack of activity. (It would be a mistake on your part to "stir the litigation pot", so to speak, by filing for a dismissal as the defendant in the case which might well stir the plaintiff to action.)
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