Legal Question in Civil Litigation in Virginia

Plaintiff no-show on trial date

''Last year, I had a civil suit filed against me by a credit-card issuing bank. I showed up on the hearing date to dispute the suit. A return date was given, and the judge told the plaintiff to file a Bill of Particulars, while I was to file a Grounds of Defense. We both complied. However, on the return trial date, I showed, but the plaintiff's lawyer didn't. We were scheduled to show at 9:15am. But, our case wasn't called until after 10:00pm. The plaintiff's law firm had faxed the court at 9:20 saying that its lawyer was ill and couldn't show. So, the judge ''non-suited'' the case.''

First, I would like to thanks all the attorneys who responded to my initial question. But I have one more.

I obtained a copy of the fax that was sent to the court. It asked for a ''non-suit without prejudice'' because the plaintiff's attorney was ill. However, the fax was sent

5 minutes after the trial was scheduled to begin. Is a failure to notify the defendant before the trial date a valid defense? Also, Mr. Daniel Hawes, if you're reading this, where can I find a copy of the ruling ''Failure of Plaintiff to Appear., RULE 7B:8 (2000)'' of the FDCPA? I can't seem to locate it on the web.


Asked on 4/09/04, 10:09 pm

2 Answers from Attorneys
Daniel Hawes Hawes & Associates

Re: Plaintiff no-show on trial date

That cite wasn't to the Fair Debt Collection Practices Act - it was a cite to the Rules of the Virginia Supreme Court. see

http://www.courts.state.va.us/text/amend.htm

I didn't understand that, by "return date" you meant "trial date"; the return date is the date you show up initially as indicated on the warrant in debt. Nonsuits are controlled by a statute, anyway, not normally by the rule I cited to you. That statute is in the Code of Virginia, section 8.01-380. Mr. Press has already summarized it for you. They did't need an excuse, they have an absolute right to nonsuit if it's their first time doing so and you didn't file a counterclaim.

see

http://leg1.state.va.us/000/src.htm

They have six months from the date of the final order in that nonsuited case, or the end of the statute of limitations period, whichever is longer, in which to refile.

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Answered on 4/10/04, 4:24 pm
Daniel Press Chung & Press, P.C.

Re: Plaintiff no-show on trial date

As long as the request for a non-suit is made before the case is submitted to the Court for decision (i.e., at the end of the trial), it is timely.

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Answered on 4/09/04, 10:26 pm


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