Legal Question in Civil Litigation in Virginia
setting aside default judgment pt 4
As mentioned before, I'm attempting to file a motion in the circuit court to set aside a default judgment that was rendered in the general district court. Reason being is that the statute of limitation has ran out to file in the general district court. My question now is: Can I file a motion in circuit court or would I file a petition? The reason I am asking is, when I contacted the circuit court clerk, they made it seem like I didn't have a clue as to what I was doing. I explained my situation as well as my intentions and I was told that I couldn't file a motion at that level. Any help would be appreciated. Thanks
3 Answers from Attorneys
Re: setting aside default judgment pt 4
If the time period permitted to file a motion to vacate or set aside the default judgment entered in the general district court against you has already run out, that's it; absent unusual circumstances, you have no recourse in the circuit nor any other court except, possibly, in the general district court which has original jurisdiction over the matter. Which is probably why the circuit court clerks were puzzled and informed you as they did.
Furthermore, a statute of limitations is not involved with the particular time period referenced.
Re: setting aside default judgment pt 4
You are in an area most lawyers avoid..but you should contact a Virginia lawyer if the judgment is substantial AND you have a meritorius defense AND were not consciously indifferent..ALL States have that minimum requirement...so if not, don't waste your money..
Re: setting aside default judgment pt 4
You are in an area most lawyers avoid..but you should contact a Virginia lawyer if the judgment is substantial AND you have a meritorius defense AND were not consciously indifferent..ALL States have that minimum requirement...so if not, don't waste your money..
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