How to Get Out of Being Sued in Virginia
The Virginia judicial system is comprised of general district courts, circuit courts, a court of appeals and a supreme court. However, the court of appeals does not hear civil matters, such as lawsuits. If you are being sued in general district court or circuit court, you have a legal right to file responsive pleadings that may absolve you of the claim.
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Instructions
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Meet with an attorney. Many law firms offer initial consultations at no charge, so you can receive counsel about how to respond to the lawsuit. An attorney will advise whether you should file an answer or a motion to dismiss in response the complaint. Should you choose to hire the attorney, he or she may be able to negotiate with the party that is suing you. Whether you are being sued by a private citizen, a creditor or a corporate entity, an attorney may be able to absolve you of liability from the claim. Attorneys can resolve matters out of court, so you may not have to stress about going to trial.
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File an answer to the lawsuit or complaint. By filing an answer, you entitle yourself to a legal defense. In Virginia, you have 30 days to file a responsive pleading, such as an answer, after you have been served with a formal complaint. If you fail to respond within this time, then you forfeit your right to a defense. To answer the complaint, draft a document that includes style of the case (party names, in the format of plaintiff vs. defendant), the court in which the matter is pending, and the case number. You will find all this information on the complaint. Underneath this information, follow the instructions in the complaint to respond negatively or affirmatively to the charges. An affirmative response does not necessarily entitle the plaintiff to the claim against you. Sign this document and file it with the court by submitting it to the clerk's office, as noted on the complaint.
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Alternately, file a motion to dismiss, which is a pleading filed in place of an answer. In the Commonwealth of Virginia, you cannot file a motion to dismiss if you have already filed an answer. A motion to dismiss requests that the court dismiss the complaint for failure to state a claim, improper venue, improper service, lack of personal jurisdiction or lack of subject matter jurisdiction.
Failure to state a claim states that while the allegations of the complaint may all be true in fact, the complaint fails to state a claim that is actionable or that entitles the suing party to legal relief. Improper venue claims that the claim does not have relevancy in the jurisdiction in which it has been filed. Improper service claims that you were not served properly under the law. For instance, the plaintiff may not have served you in a timely manner filing the initial complaint. Service is also improper if not effected by a someone who is not involved in the complaint, over 18 years old and mentally competent. Lack of personal jurisdiction claims that the court does not have jurisdiction to bind you to the lawsuit. As an example, if you reside out of state the court may not have the power to hold you to the suit. Finally, lack of subject matter jurisdiction claims that the court does not have authority to hear the kind of case that has been filed by the suit. The plaintiff may have filed a complaint in state court involving a matter that only district (federal) courts have jurisdiction to hear. If you can prove any of these circumstances to the court, the original complaint will be dismissed.
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References
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