Legal Question in Civil Litigation in Virginia

setting aside default judgment part 3

First off, thank you for your responses, they have been very helpful. My next question is, ''Can I file multiple motions?'' I ask this because I would like to file, (at the same time) a ''Motion to Dismiss'' as well as a ''Motion to Set Aside the Default Judgment.'' The civil suit that was filed against me was filed by the insurance company which the plaintiff's car was covered by. The insurance company, however, is not named on the suit.


Asked on 6/03/08, 2:20 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: setting aside default judgment part 3

No, one doesn't file mutiple motions in the kind of situation which you've described. Furthermore, a motion to dismiss is filed to address a pending case and not a case which is already over with as appears to be the case with the civil suit which you've mentioned.

If you have a problem with the legal basis for the judgment or manner in which it was entered against you, the motion to set aside is the appropriate route to go to remedy this particular situation.

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Answered on 6/03/08, 4:28 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: setting aside default judgment part 3

No, one doesn't file multiple motions in the kind of situation which you've described. Furthermore, a motion to dismiss is filed to address a pending case and not a case which is already over with as appears to be the case with the civil suit which you've mentioned.

If you have a problem with the legal basis for the judgment or manner in which it was entered against you, the motion to set aside is the appropriate route to go to remedy this particular situation.

Read more
Answered on 6/03/08, 4:29 pm


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