Legal Question in Civil Litigation in Virginia

setting aside default judgment in circuit court pt. 2

As mentioned in my earlier question, a default judgment was ordered against me in April 1994, it was renew in April 2004 and based upon on the return letter I recieved from the Clerk of Court, I can no longer filed a motion for this case at the general district court level, (due to 10 year statute of limitation to file in general district court). It was also explained that I would have to file at the circuit court level. My question is, '' Would I still file a motion to set aside or vacate the default judgment or is there another motion that should be filed at this level?''


Asked on 5/15/08, 2:00 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: setting aside default judgment in circuit court pt. 2

Again, unless it was renewed, it is void, and there is nothing that needs to be filed. If it was renewed, the motion (motion to vacate) does have to be filed at the Circuit Ciourt level. But only file that if the judgment was in fact renewed.

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Answered on 5/15/08, 4:14 pm


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