Legal Question in Civil Litigation in Virginia

Re: setting aside default judgment in circuit court

In order to invoke the protections afforded by what today is known as the Servicemembers Civil Relief Act, I believe that the active duty member of the military must take certain affirmative steps outlined under the Act to notify the court and plaintiff of the relief that is being requested and that the relief is not automatically effected merely by being a member of the armed services.

In your case, apparently, for whatever reason that did not occur which may effectively impair any attempts that you may now make to have the judgment vacated or set aside.

Furthermore, you appear somewhat confused as to where you would bring an action to vacate or set aside the judgment that apparently was enteed against you in the general district court some 14 years ago. Either that judgment was not renewed and therefore expired in 2004 and is no longer of any effect or it was renewed for another 10 years as a judgment in that particular court and not the circuit court. (This period of time for judgment validity has nothing to do with statutes of limitation.) Therefore, any action to vacate or set aside the judgment at issue would need to be brought in the general district rather than the circuit court.

Re: setting aside default judgment in circuit court

you need to file a motion to vacate the judgment based upon the Soldier and Sailors Relief Act---the judgment is invalid.

Re: setting aside default judgment in circuit court

The judgment is invalid, but if you vacate it under the SSCRA, they may be able to proceed against you on the original complaint. It is likely that the judgment is in fact expired, as General District Court judgments at that time expired after 10 years unless renewed. Docketing in circuit court was not enough - a motion to renew was required. Most lawyers at that time were unaware that docketing in circuit court was insufficient, and assumed that the judgment would last 20 years if docketed, but I prevailed on that issue in the VA Supreme Court in the case of Mona v. Cranston. So chances are it was not renewed and is expired.