Legal Question in Civil Litigation in Virginia

The defendant is entitled to appeal your default judgment in the GDC within

10 days of its entry by filing a de novo appeal for a new trial of the matter in the circuit court. What appears to make the situation described somewhat confusing is your contention that the defendant's attorney subsequently filed a separate complaint in the circuit court which was then apparently consolidated with the defendant's appeal.

Unless, some additional charges or claims have been added to the defendant's

basic appeal case, neither an Answer(not Grounds of Defense) nor any Counterclaim should be warranted on your part. However, if somehow, new claims have been raised by the defendant through the filing of his counsel's Complaint, then, yes, you should be entitled to file an Answer as well as a separate Counterclaim (within 21 days)to these new claims(in my opinion).