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John, Attorney
Category: Legal
Satisfied Customers: 5733
Experience:  Licensed and practicing attorney.
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I filed a suit against a person a year ago. There was not

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I filed a suit against a person a year ago. There was not a response and I did not do anything to follow up. The suit was in the circuit court.
I want to know do I have to start over?

I live in Virginia.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.


This really matters on what you did in the original case. If you filed it, you would have had to serve the defendant the complaint. If you served the defendant and filed your proof process/service with the court, the court would have issued a default in your favor if the defendant did not answer. If you did not serve them, the court would have dismissed your complaint, and you would need to start over.


So the best thing you can do now is call the court clerk and see if either the default has been entered in your favor or if it was dismissed. If a default is in your favor you have a judgment that you can enforce. If it was dismissed, then you'll need to re-file your complaint.




I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.


Customer: replied 4 years ago.

I did not use a process server. I sent it certified signed receipt. I furnished the court proof that I sent it certified signed receipt. It was signed for and I have the receipt.

Unless you had permission from the court to serve in that manner, that would not be the proper manner to execute service. You'll need to contact the court and determine what its final disposition was. Most likely it was dismissed without prejudice - meaning you can re-file the complaint now if you wish. It will just cost you the filing fee again, and, of course, this time have the complaint served by a process server.

Hope this helps. Let me know if I can be of further assistance.
John and 4 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Would the court have notified me if regarding the disposition of the case?



They should have notified you, yes. Sometimes cases and or notices slip through the crack though.
Customer: replied 4 years ago.

Thank you so much.

You're welcome. Thanks and good luck with the matter.

John and 4 other Legal Specialists are ready to help you