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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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How to dispute a non-suit that a rental company filed and

Customer Question

How to dispute a non-suit that a rental company filed and that happened in 2012 and first time I am learning about it is 2 weeks ago now in 2015. I do not know the reason for filing a lawsuit since I have always made my payments on time on top of that after that lease I leased in 4 other places without notice or having problems
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Please tell me
1 - How did you learn of the suit?
2 - Were you served with a complaint?
3 - Do you have a court date?
Or what? Why is it a non suit? What does the complaint say?
Customer: replied 1 year ago.
is this standard or not I believe I added that information at the beginning
Expert:  Sam replied 1 year ago.

Ok. Well, I need to know how you found out about the lawsuit, please? You will need to answer a complaint, unless you have been notified that there is a judgment against you. Which is it, please?

Customer: replied 1 year ago.
apparently I REATLY MANAGEMENT SERVICES which was the leasing company when I lived in 2011-2012 in VA back then submitted a lawsuit against me and later it was later ruled "NON-SUIT". I looked in virginia general district court and found the following attached documents.I never recall receiving any notification of this incident and I have never had any problems related to rent to even receive anything in these lines.I want to take this out of my record due to the fact that 2 weeks ago I applied for a apartment rent and got denied for this issue, at that point I was not aware and started doing some research
Expert:  Sam replied 1 year ago.

Hello

Thank you for that information. What you have there is the plaintiff has dismissed any action filed against you. So there is no action needed by you.

Expert:  Sam replied 1 year ago.

This can happen when the Plaintiff does s not proceed to trial at the appointed time or has presented all their evidence and in the judge's opinion, there is no evidence which could prove the plaintiff's case.

A nonsuit terminates the trial at that point, and results in a dismissal of the plaintiff's case and judgment for the defendant

Expert:  Sam replied 1 year ago.

Here is the LINK to the VA CODE in this regard

Customer: replied 1 year ago.
Ok completely understand, however this NON-SUIT which is on my record is affecting my ability to rent because its showed as a red flag and therefore its a problem and like I said before I never had any wrong doing so I believe this was placed by mistake.
Expert:  Sam replied 1 year ago.

However, the downside to this if it tolls the Statute of Limitations to bring the suit again, even though such a suit would be time barred. It is now dismissed voluntarily without Prejudice. But because the action was originally brought in a timely manner, the Non suit/dismissal without prejudice means the Plaintiff may bring the cause of action again if there is such evidence.

Expert:  Sam replied 1 year ago.

I see. You will need to have a local attorney file what is called a "plea in bar" That will request the court to remove the matter as it has not been heard, there is no wrong doing and the matter is hindering your credit rating

Expert:  Sam replied 1 year ago.

In essence the plea at bar is requesting the court to deny the plaintiff's right to maintain the suit in limbo so to speak.

But I suggest it should be drafted by a local attorney who can gather the proper case law cites that will be needed.

Customer: replied 1 year ago.
how much would you roughly say is this estimated going to cost meand how quick can I get this off records if the facts are on my favor...
Expert:  Sam replied 1 year ago.

If you need a local attorney you can contact the VA Bar Association for a legal referral and here is that contact

Call(###) ###-####(metro Richmond)

Statewide and Nationwide Toll-Free Number:(###) ###-####/p>

Expert:  Sam replied 1 year ago.

I cannot guess what a local attorney would charge - If you call the Bar and request a local attorney in your area for consultation, you can interview a few to get the best fee rate.

Expert:  Sam replied 1 year ago.

Tell them you need a civil attorney to file a plea in bar on a non suit.

Expert:  Sam replied 1 year ago.
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