Legal Question in Civil Litigation in Virginia

setting aside default judgment pt 5

The enforcement limitations I have been referring to is listed in 8.01-251(G), 16.1-94.1, and 16.1-69 (B)(4) Code of Virginia. An abstract was obtained by the plaintiff at the end of enforcement limitation in general district court. With that being known, I would like to file a motion to vacate or setting aside, based on the information listed in previous questions. My question now is: ''In which court would I file the motion?


Asked on 7/31/08, 9:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: setting aside default judgment pt 5

Va. Code Sec. 8.01-250(G)concerns the right of a judgment creditor to extend the life of his judgment obtained in the general district court by recording an abstract of it in the circuit court, thereby making it legally enforceable for 20 years rather than the 10 years which is the limitation referenced in Va. Code Sec. 16.2-94.1.

If for some reason the judgment creditor failed to follow proper procedures in recording his judgment

in the circuit court, the action to vacate or set aside this judgment (if appropriate) would be brought in the court in which it was originally obtained, apparently, the general district court and not the circuit court which, again, is why the clerks of the circuit court apparently informed you as they did.

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Answered on 8/01/08, 9:48 am


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