Hopewell, VA asked in Civil Litigation and Landlord - Tenant for Virginia

Q: How to vacate a judgement in circuit court in Virginia as I was not served

2 Lawyer Answers
Steven Krieger
Steven Krieger
Answered
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: You'd need to tile a motion to vacate for lack of service and explain why the alleged service was insufficient. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: The procedure in Circuit Court in Virginia is to file a Motion to Vacate/Set Aside the Default Judgment that was entered against you. You have the burden of proof to persuade the Judge that you were not living at the address at which the service of the process was allegedly made on the date the process was made, as shown on the Affidavit of Service either by a deputy sheriff or by a private process server. If the Judge is persuaded by your evidence and your oral arguments, the Judge will set a future date for a new trial so that the dispute will be decided on the merits.

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