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I got Non-Suit for Warrant in Debt.What is the Diff of Dismissed w/o Prej vs Non-suit in VA?VA 8.01-229(E)(1)"remaining period"?

Chesapeake, VA |

I went to court with my Grounds of Defense against the Plaintiff’s BOP. The lawyer brought a “witness”. But I objected and the judge did allow the witness to speak and asked them several questions.In the end the judge non-suited the Plaintiff. I may have missed something but at first I thought it was dismissed. I asked the judge about my original SOL (expires on Jan/Feb 2013) he said the plaintiff can re-file and make sure I mention that it was non-suited but he did mention about a new lawyer. What is the difference between dismissed and non-suit because I didn’t hear the lawyer voluntarily non-suited in VA Code § 8.01-229(E)(3) It said something about “voluntary non-suit” and they can refile w/in 6 mos.If the judge Dismissed w/o Prej will it also toll SOL? VA 8.01-229(E)(1)?Pls explain.TY

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Attorney answers 1

Posted

Sounds like plaintiff non-suited--you may have missed the attorney's request. The Plaintiff's attorney must've determined that he/she was about to lose the case or needed something else in his/her case that could not be presented during that hearing. A plaintiff may request a non-suit one time, and the court at its discretion, may or may not grant the request--but for first time requests the court almost always grants it. Plaintiff has six months to refile against you. If the SOL would have expired during that 6 month window, the date during which the action may still legally be brought will be push to the longer of the SOL or the six month window.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

Thank you for the reply. My SOL expires on Jan or Feb 4. That is why I am a little upset about it. Is there dismissed w/o prejudice in VA or is it also another term for nonsuit? Because I saw VA 8.01-229(E)(1) it says it sounds like this is "Dismissed w/o Prejudice" it says also "the time such action is pending shall not be computed as part of the period within which such action may be brought, and another action may be brought within the remaining period. " What does it mean? Does it mean it stops the SOL during litigation and continues after the non-suit? I want to know if I was jiffed because I got nonsuit instead of dismissed without prejudice. Thank you so much.

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