Portsmouth, VA asked in Landlord - Tenant for Virginia

Q: Is there a way I can get a judgement or eviction sealed on my rental/ credit history?

Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?

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1 Lawyer Answer
Maria T Patente
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  • Landlord Tenant Lawyer
  • Manassas, VA
  • Licensed in Virginia

A: Under some circumstances, a defendant may be able to successfully motion the Court to re-open a case. For example, if a Court issued a default judgement, and the defendant was unable to attend through no fault of his/her own. Also, keep in mind that every matter in a Virginia General District Court can be appealed to the Circuit Court as long as the appeal is noted and perfected within 10 days of trial. That means, that a "Notice of appeal" must be filed within 10 days of judgement. The clerk will provide information about the amount that must be paid to "perfect" the appeal.

As for expungement of unlawful detainers--yes! A relatively new law in Virginia allows defendants to expunge an Unlawful Detainer matter that was either dismissed or nonsuit. It's a straightforward matter to expunge these records.

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