In Virginia, creditor files non-suit, time limit to refile suit?

[tccampa]

If a creditor takes you to court about a debt, and then files a "voluntary non-suit" because they were not prepared on the court date, how long do they have to re-file the suit against you? Is there a statute of limitations? If the creditor exceeds the time allowed to file, and then files another suit, can the new suit be dismissed?

Also, if different collection agencies try to collect the same debt in court, can you be taken to court repeatedly for the same debt by different collection agencies?

Any answer would be wonderful, as I need some help! Thanks!

April in Virginia

 

[I AM ALWAYS LIABLE]

If a creditor takes you to court about a debt, and then files a "voluntary non-suit" because they were not prepared on the court date, how long do they have to re-file the suit against you? Is there a statute of limitations? If the creditor exceeds the time allowed to file, and then files another suit, can the new suit be dismissed?

Also, if different collection agencies try to collect the same debt in court, can you be taken to court repeatedly for the same debt by different collection agencies?

Any answer would be wonderful, as I need some help! Thanks!

April in Virginia

My response:

April, you've asked an excellent question. To clarify, a "Non Suit" is a term of art; that is, in a trial, a non suit is the equivalent of a "Demurrer" - - and that is, in effect, saying to the court, "Your honor, the plaintiff has made these allegations, but so what ? These allegations do not comprise, or rise to, the level of stating a "Cause of Action". Therefore, your honor, this case should be dismissed."

I think what you meant to say was that the Plaintiff creditor filed a "Dismissal Without Prejudice". That means that the Creditor can still file an action against you, as long as such filing takes place within the original Statute of Limitations. Remember, using the Statute of Limitations as a Defense must be affirmatively pled by the Defendant in the Defendant's answer to the complaint. If it's not, the action continues. If it's pled, the action stops.

Good luck to you.

IAAL