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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I am suing my former employer, pro se and believe I need to

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I am suing my former employer, pro se and believe I need to reset...this case is in Virginia, and a friend told me that in Virginia there is a right of restart or something like that. I have combed through the Virginia Rules and can find NOTHING that indicates that I can stop and start over. This fellow is a Virginia Lawyer but he is out of he country right now, so I can not ask him what rule alllows this so I can write it up and move ahead from there.I believe I have some fatal flaws. The case involves fraud and conspiracy, both of which have 2 year statutes of using this rle, it tolls the statute of limitations for 6 months. Can anyone tell me where to look in the Virginia rules?

Hello and welcome,

There is a statute which speaks to tolling the statute of limitations, usually in the event of death or incapacity of a party. This is the case in most states, but the VA code is set out in the following link:

DANGEROUS URL REMOVED?000+cod+8.01-229

Please note the specific provisions dealing with certain situations set out in this excerpt of the code:

§ 8.01-229. Suspension or tolling of statute of limitations; effect of disabilities; death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits.

A. Disabilities which toll the statute of limitations. - Except as otherwise specifically provided in §§ 8.01-237, 8.01-241, 8.01-242, 8.01-243, 8.01-243.1 and other provisions of this Code,




I hope this helps clarify the situation for you.

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Customer: replied 4 years ago.

Just a quick follow-up. Are any of these "of right" as the law who told me about it gave me the impression that any lawyer at any point in the case can use this particular rule to start over because it is a RIGHT to start usedne of the words he did in your answer, he called it a nonsuit, but it would, like you indicated toll the statute of limitations for 6 months.

Hello again, Ken.

Section 8.3 that I provided the link for deals with a nonsuit, and a voluntary nonsuit will toll the SOL typically.

Here is a link that provides information on nonsuits. If those circumstances apply to your situation, then the SOL would typically toll as indicated

in the second link below:

DANGEROUS URL REMOVED?000+cod+8.01-380