Legal Question in Personal Injury in Virginia

Re: wrong address for defendant on motion

It depends on what the Court did earlier when

you found out the address was wrong.

I assume this is in Circuit Court, because pesonal injury is normally larger. You want to request the court to issue an official copy of the lawsuit again for service at the correct address. You can file a praecipe simply asking for another copy of the lawsuit to be served, and you will need to pay the service fee by the Sheriff. You may want to tell the court that you are asking for issuance of an "alis" copy of the lawsuit. What an "alias" really means is that you get a second copy to serve without paying the filing fee all over again. You do not need to rewrite the Motion for Judgment. If it is served at the new address it does not matter what address is written on the motion for judgment.

In General District Court, you would need to ask for an "alias." That means you can refile the Warrant in Debt without paying the filing fee. You write ALIAS at the top of the new Warrant in Debt at the new address.

However, if it is in general district court, and if the court dismissed the Warrant in Debt earlier, then you would need to refile the Warrant in Debt.