Legal Question in Credit and Debt Law in Virginia
Well I had a judgment go aaindt me in a law suite because if an abssence. My lawyer continued the first court date and never let me know when the second one was. I called him and he said his computer crashed and that's why neither he or I should up. What can I do legally to get this case back in court or should I sue my lawyer?
The court date was on 3/17
1 Answer from Attorneys
I believe that 2 months later is too late.
You could hav eappealed in 10 days, and maybe asked for a motikon to reconsider, but not after 2 months.
You could file a Motion to Vacate under 8.01-428, but I do not expec tthat to work. The court will say that you had an attorney and you have no excuse for not being there.
Frankly, I think that your attorney is responsible for this one. I don't know how much money is at stake, but your lawyer technically is liable to you for missing the court date...
BUT ONLY to the extent that you DO NOT owe the money.
You would not be able to make the attorney pay if you owed the money anyway.
Your attorney would be liable (for missing the court date) to the extent of the SURPLUS of the judgement over what you actually owed.
In other words, had you showed up and had a trial, and would have had to pay the same amount anyway, then the difference would be zero.
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