Legal Question in Credit and Debt Law in Virginia
Non-Residence Defendant
I received an affidavit for service of process on the Secretary of the Commonwealth. I am contesting the debt in which I am being ordered to pay. I cannot appear in court in Virginia because I live and work in Wisconsin. How do I proceed?
GB
2 Answers from Attorneys
Re: Non-Residence Defendant
To defend a case in Virginia without appearing in person, you will need to retain counsel to represent you. In Circuit Court (but not General District Court) you can file a written answer, but you will have to appear at some point (at trial and probably before that). In General District Court, physical appearance either in person or through counsel is required.
Re: Non-Residence Defendant
You are not clear whether a judgment has been
entered against you. If so, you will have to
"collaterally attack jurisdiction." This is a
technical area that you should seek the advice
of a qualified trial attorney.
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