Legal Question in Credit and Debt Law in Virginia

Vacate Judgment

A $6,000 judgment was brought and dismissed in Henrico County, VA Gen. Dist. Court because creditor sued for full amount owed w/o deducting any debtor payments and property's sale. Creditor again entered judgment for full amt. in Va. Beach, VA Gen. Dist. Court and won. On trial date, debtor came to court but name not on docket; checked w/Clerk to be sure. Debtor filed and denied Motion to Rehear. Debtor attempted to set up payment plan; but Creditor now wants orig. loan amount & interest ($14,000+) w/o deducting any of debtor's payments and after repossessing and keeping property sale proceeds.


Asked on 7/08/08, 1:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Vacate Judgment

Why was the denial of the debtor's Motion to Rehear not appealed? (Unable to make the bond?)

If the debtor was never given an adequate opportunity to present his defense to the creditor's claim(s) in the Va. Beach proceeding through no fault of his own, a motion to vacate the judgment may still be possible.

Read more
Answered on 7/10/08, 7:20 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Virginia