Legal Question in Civil Litigation in Virginia

setting aside default judgment pt 9

Mr. Baez,

In response to your question, my question was: In Virginia, when a general district court abstract of judgment is docketed in circuit court, would an Order for Extension of Enforcement of judgment be approved and transferred from the general district court or would that Order generate from the circuit court?

The reason why I am asking these questions is because under the former 16.1-69.55 (B) (4) a general district court judgment becomes unenforceable after 10 years unless the plaintiff files both an judgment abstract and a motion for extension of enforcement of judgment. The code I referenced to was amended in 2005, so that the plaintiff no longer had to file a motion for an extension of enforcement of judgment; only the abstract of judgment. The information I�m inquiring about pertains to cases where the former would apply.

I would also like to know whether the Order for Extension of Enforcement of Judgment originates in general district or circuit court?

Any information you or anyone can provide will be greatly appreciated.

Thank You,

Brian


Asked on 3/21/09, 11:11 pm

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

Re: setting aside default judgment pt 9

Very likely, since the application for the extension of the judgment would have been made to the appropriate circuit court and the docketing and indexing fees paid to that court, any subsequent order(s) issuing in regard to the matter would probably have come from that particular circuit court.

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Answered on 3/22/09, 11:06 am


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