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.
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. http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+8.01-428
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.