How to Vacate a Default Judgement Against Me in the State of Virginia

[Bill101]

My question involves collection proceedings in the State of: Virginia

Hello all. First time on this site. About a year ago I had to move back home due to losing my job of 2 and a half years due to recession cutbacks. I finished out my apartment lease and filed a change of address with the Post Office. Today I have a Summons To Answer Interrogatories taped to my door(Seemed to have no problem finding me now). Basically to see what kind of property I own I am guessing. Seems there was a court date that I knew nothing about. I never even got a letter from the Collection Agency to try to work out an old debt(has nothing to due with apartment) before it went to court. I am just amazed that there was no contact from the collections agency, yet they get a judgement againtst me. I tried to read up on serving procedures in the state of Virginia but after reading was still confused as to if they could just tape court papers to an old address that I no longer lived at? I feel that I should ask to Vacate the Judgement. Am I correct? Any help would be greatly appreciated. Thanks.

[flyingron]

It's amazing that they didn't try to contact you (they're usually pretty tenacious about his). Absent proper service, you should be able to vacate the judgement, but the next question, do you think that if you were to mount a defense would the judgement be any different?

[Bill101]

Hey Flyingron. I wouldn't have denied the debt if that's what you mean. But being unemployed, I was waiting for it to go to collections and then thought I could negotiate and get a lower balance. I then would have had to get on a monthly payment plan since I absolutely don't have the money to pay in full. But as described in my post, I didn't even get a chance to do that. I will have to look into the procedure of filing a Vacate Judgement. Thanks for your input.

[jk]

actually you need to start with reviewing the case where the judgment was granted to see how service was supposedly made. If it was made properly per state requirements, you would have no real chance of having the judgment vacated now.

[Bill101]

Well, I need to have someone clarify this. This is the serving process in the State of Virginia:

By delivering a copy thereof in writing to the party in person; or

By substituted service in the following manner:
1.If the party to be served is not found at his usual place of abode, by delivering a copy of such process and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner or guest, and who is of the age of sixteen years or older; or


2.If such service cannot be effected under subdivision 2 a, then by posting a copy of such process at the front door or at such other door as appears to be the main entrance of such place of abode, provided that not less than ten days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing. In any civil action brought in a general district court, the mailing of the application for a warrant in debt or affidavit for summons in unlawful detainer or other civil pleading or a copy of such pleading, whether yet issued by the court or not, which contains the date, time and place of the return, prior to or after filing such pleading in the general district court, shall satisfy the mailing requirements of this section. In any civil action brought in a circuit court, the mailing of a copy of the pleadings with a notice that the proceedings are pending in the court indicated and that upon the expiration of ten days after the giving of the notice and the expiration of the statutory period within which to respond, without further notice, the entry of a judgment by default as prayed for in the pleadings may be requested, shall satisfy the mailing requirements of this section and any notice requirement of the Rules of Court. Any judgment by default entered after July 1, 1989, upon posted service in which proceedings a copy of the pleadings was mailed as provided for in this section prior to July 1, 1989, is validated.


3.The person executing such service shall note the manner and the date of such service on the original and the copy of the process so delivered or posted under subdivision 2 and shall effect the return of process as provided in \u00a7\u00a7 8.01-294 and 8.01-325.

[Mr. Knowitall]

What do you need clarified?

Again, you need to go to the court file, determine where and how service was supposedly effected and, based upon that information, determine if you can make any sort of claim that it was not proper.

[Bill101]

Well, Mr. Knowitall. I just need explained if what is said above(serving process in the State of Virginia) allows them to serve me at an address that I no longer lived at? Do you have an answer for that? I obviously don't understand law terms and asking for help. Thanks.

And to clarify the way I think. I am thinking if I can find out that they can't serve to a place I no longer live. Then I have my answer that they didn't follow procedure. I am looking for the simple answer, not the complex of driving an hour, requesting records and then TRYING to figure out what they mean.

[jk]

No, they cannot legally serve you at a place that is no longer your official residence or place of abode. The problem in this comes about when you moved and when you were supposedly served. If they can put forth a valid argument that residence was still your residence, the service is still legitimate.

again, until you know how and when they supposedly served you, you cannot determine if the service was valid. You have to review the case file. There is no way around it.

[df04527]

A comment on this also is that even if service was improper they, more than likely, will just refile, serve the proper notice and if you do not have an affirmative defense you will have a judgement again. Have seen it numerous times.

[flyingron]

That was the point I was trying to make....even if you vacated the default judgement or got the whole case dismissed, you'd just go through the cycle again. The judgement will be higher because they're allowed to increase it for the interest and legal fees involved.