Skip to main content

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

Posted

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.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

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

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

The plaintiff said he mailed me the notice with certificate of mailing. But, I did not get that mail. What should I say or what procedure should I take?

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics