Legal Question in Civil Litigation in Virginia
Had a debt buyer file warrant in debt for Credit Card debt I don' t owe, my attorney filed a writ of appearance but the court did not recieve and the plaintiff got a default judgement. I found out and went with my attorney back to court and asked the judge to set aside judgement, the plaintiff did not appear. The court set another date and I and my attorney appeared again but noone represented the plaintiff. The judge refused to dismiss either with or without prejudice and set a new date. The Judgement was set aside. Both times I appeared the judge allowed a 3rd party that "could" represent the plaintiff approach the bench and allowed both of them to assist setting the court date. I am extremely upset this was not dismissed. Why was it not dismissed and how is it not an error of the court to allow a 3rd party to come up to the bench on my case that has no involvement?
1 Answer from Attorneys
So, now you may have a viable basis to appeal your
case to the circuit court for a trial de novo once the general district
court has made its final ruling in the case.