Q: If I filed a small claim, and the defendant counterclaimed against me, how can I now dismiss my claim?
The defendant didn’t show up for the original hearing, with a medical excuse , and a court date was set three months down the road, I no longer want to pursue the claim for a few reasons if I dismiss my claim, what happens to the counterclaim?
A: Under Virginia law, once a counterclaim is filed in the lawsuit, the original claim cannot be dismissed or nonsuited unless the party who filed the counterclaim agrees and the entire lawsuit is dismissed or nonsuited.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
