Legal Question in Civil Litigation in Virginia

judgment after improper service leads to suspended license
A judgment was entered against me 2 years ago (plaintiff was rental car franchise and charges were for one flat tire on a 1986 BMW that plaintiff replaced all 4 no-longer sold tires and also replaced rusted quarter panel which crumbled when I attempted to elevate car using the jack provided) for which notice was served to an address for a property at which I no longer lived/owned AND which was not the address on my DMV license that the business had on my contract. I was recently stopped by the police and told that I was driving on a suspended license. Original judgment was 3K with fees costs and interest it is now 4.5K which I am being told I need to pay in order to reinstate my license. Can I file a motion to rehear (what day of the week?)(I am being told too much time has elapsed since judgment ocurred) and can I also request a hearing to immediately grant me driving privileges to and from work until the matter can either be reheard or resolved (since the suspension was not due to any driving related infractions

Asked on 5/26/09, 5:18 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: judgment after improper service leads to suspended license

You should be able to file a motion to vacate or set aside the judgment on the basis that you were never properly served with notice of the lawsuit.

If the motion is granted, you could then take your other issues up with this court.

Answered on 5/28/09, 10:05 am

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