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I got a Summons to Answer Interrogatories unexpectedly. I found that I had a default judgement as debtor. What can I do?

Arlington, VA |

It was a small-claim court default judgement last month. The plaintiff is a person I knew and had disagreement with on money issue. The problem is that I did not get any notice or were being served. Can I argue for a new trial or what can I do to protect myself?

The plaintiff said he mailed me the notice with certificate of mailing. But, I did not get that mail.

Attorney Answers 2

  1. Best answer

    In Virginia, you can get a default judgment set aside if there was fraud on the court, the judgment was void, with proof of an accord & satisfaction, or you were a member of the military when you were allegedly served.

    A lack of proper notice could make the judgment void, or it could have potentially involved fraud on the court by the Plaintiff. You would need to file a motion with the court to set aside the judgment. I suggest you consult a local attorney to assist you in this matter.

  2. You need to let the Court know of the dispute immediately. This improper service is a good out for you from the case

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