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  1. #1
    Join Date
    Oct 2013
    Posts
    91

    Default What is the Procedure for Dropping a Small Claims Case

    My question involves small claims court in the state of: Virginia.

    Sunday my vehicle was backed into by my best friends ex. She left he scene, went shopping then came back to tell me. I took some time to cool off, then told her she needed to file a claim with her insurance company. She said she'll be dropped by her insurance and assured me she would pay for it, and to show her estimates.

    Despite the small amount of damage the estimates are for $450, $490, and $550 respectively. Once these were shown to her (10/8/2013) she stopped talking to me completely (phone, text & in person) even while I was in her trailer. She is acting like her new boyfriend is her private negotiator and he claims someone can fix it for $100. The problem is on all of my claims the paint itself comes out to $90, and the metallic flakes in the paint make it extremely hard to match. In fact I had a hit and run occur 3 months back and had it fixed under my insurance without rate increases thanks to accident forgiveness. The quote for $450 came from the dealership that fixed it the first time.

    I contacted her again last night via text, told her I need to know her decision by tomorrow or I'll take alternative actions. I passed by her place 3 times today while hanging out with my friend (her ex) and she was home; despite this fact she is ignoring me all together and continues to hide behind her boyfriend.

    I called the local police today to have a hit and run report filed, but the officer I talked to said unless the damage meets or exceeds $1500 they can't file any type of report. He advised me to visit the courthouse and file a small claims with the general district court. I did this, I have all of my paperwork and estimates as well as the copy I need to mail to her. I believe it is called a civil warrant/subpoena. Her ex was with me and I could see he was visibly upset that I took it this far, caved in and gave me the name of her insurance provider. I called them today and they gave me the number for their claim office in Florida. I will be calling first thing in the morning, I have her first middle and last names, make and model of vehicle as well as license plate information.

    If her insurance accepts my claim I was wondering what I needed to do about the appearance in court. I realize I can drop the case by I may be responsible for court costs, I am wondering if I can show to court with my claim paper and ask for the case to be dismissed.

    Thanks in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Wondering What the Procedure for Dropping a Small Claim

    First of all, you wait until you get paid before you dismiss.

    If the court date comes before you get paid you file a motion for a continuance (postponement).

    Your reason would be that the defendant reported the claim to her insurance company after the suit was filed and negotiations are pending.

    Ask for a 90 day postponement and that should give you plenty of time.

    You'll need to do that about a week before the court date to make sure that the defendant and the court get it earlier enough to act on it.

    Hand carry it to the courthouse then call up a few days before the court date to make sure it's been rescheduled.

    Once you get paid by the insurance company you file a motion for dismissal.

    Fairfax County has one easy to use form that does both the continuance and the dismissal.

    You can modify it for your own county and separate the two parts as you need it.

    Here's the form:

    http://www.fairfaxcounty.gov/courts/...ilpraecipe.pdf

    You wouldn't have to show the court any documents for the dismissal. Your word that the claim was settled is enough.

  3. #3
    Join Date
    Oct 2013
    Posts
    91

    Default Re: Wondering What the Procedure for Dropping a Small Claim

    Thanks so much. I filed a claim with her insurance this morning, hopefully I won't have to take it to court.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: What is the Procedure for Dropping a Small Claim's Case

    When you factor in her deductible she is foolish not to just pay it.

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