King William, VA asked in Civil Litigation and Collections for Virginia

Q: Can you refile in small claims court if you missed your court date?

I filed a case in small claims court and had an emergency the day of court. I called the court later that day and asked if I could refile. I was told yes because it was dismissed without prejudice. I refiled and went to court and the judge told me that he would not hear the case because I did not show up the first time. That I was told wrong by the court clerk. Everything I read says you can. What are my options in this matter since the judge would not hear the case?

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: You can ask for reconsideration by another judge or file an appeal.

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