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When vacating a judgment in Virginia, what aspects of "accord and satisfaction" must be articulated?

Norfolk, VA |

I have two judgments on my credit report from the same Landlord; dating back 3 and 4 years ago respectively. According to the Code of Virginia, a judgment can be vacated or set aside if documented proof substantiates a claim of "accord and satisfaction." I wrote two separate letters, which informed my landlord that payments for rent would be made late, and an agreement was made; however, judgments were still filed with the Norfolk General District Court by the property manager; even after a face-to-face meeting was made, and after signing a letter of agreement to work with my late payments. Is there anyway I can get these 2 judgments vacated (which are of course paid in full)?

Attorney Answers 1


If you reached an agreement with the landlord, and paid the amounts called for, and despite the agreement, and receipt of payments, the landlord went to court and obtained a default judgment against you, you can petition to have the judgments vacated under 8.01-428. Note that if the judgment was obtained before you reached an agreement, or after you reached an agreement but before you paid in full, the court may decline to vacate the judgment since accord and satisfaction generally requires that you have actually paid the amount sought, not just agreed to pay it. You may wish to either retain an attorney to contact the landlord, or contact the landlord directly to see if they will consent to vacation of judgment, since if both parties consent, the Norfolk General District Court will usually go along.

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