Legal Question in Civil Litigation in Virginia

I received a court hearing date that stated that both me and my ex-husband were being sued for fees that weren't paid on a property my ex-husband owned. I explained to the lawyers on the prosecuting team that I had no liability since my name was pulled out of the deed long ago. They agreed to non-suit against me but do I have to still appear in court for the hearing date? My ex-husband disappeared from this country so I'm sure he's not appearing in court.


Asked on 5/04/10, 2:30 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Unless you receive a signed motion from the creditor's attorney non-suiting the case or otherwise dismissing it, you should be there.

9 times out of 10, the attorneys are telling you the truth and will do as they say. Actually, an attorney has an obligation to tell the truth under the rules that govern the legal profession.

However, most debt collection law firms are high-volume assembly lines that deal in thousands of cases a month. Mistakes do happen.

So unless you have something in writing from eiither the court or the creditor's attorneys dismissing the case against you, you should still be there.

It might be "a waste of your time" in the sense that nothing will happen. The case will be non-suited against you as soon as it is called.

But if something goes wrong, you will wish that you were there.

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Answered on 5/09/10, 3:34 pm


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