Capital One (Glasser & Glasser). On June 19, 2025, I filed and served a Counterclaim; under Rule 3:8(a) their answer was due July 10, 2025. They never answered or sought an extension. I then served a Motion for Default and motion to compel since they provided stale irrelevant documents and boilerplate responses, and they remained silent. Now, on October 13, 2025โnearly four months laterโPlaintiff has moved to dismiss/strike citing an allegedly unpaid counterclaim fee under Rule 3:9 and Va. Code ยง 17.1-275(A)(13).The clerk in Ciruit court didnโt mention any fees; once notified by their motion, I paid immediately and have the clerkโs receipt. I cannot seem to get a break.
Please login or Register to submit your answer


What a trick! What happened?
I filed a motion to dismiss. I am waiting to set a hearing date. Apparently the judge will decide if it is granted. Court system is extremely unfair. I have learned there is no justice for consumers in VA. They let lawyers break the rules and actually support.