Virginia Motion for Judgment
Description Motion To Vacate Judgment
How to fill out Virginia Motion For Judgment?
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FAQ
A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.
Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.
To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for money, fill out a "Warrant in Debt." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.
In General District Court, you file Form DC-434 - Motion to Set Aside Default Judgment. That form can be obtained here. You want to fill out that form as instructed and file it with the General District Court. They will set a date at which time you will be required to present your case (see below).
The general rule, as stated above, is that judgments last for 20 years from the date of the judgment once docketed in the Circuit Court records. However, the 20 years may be extended for an additional 20 years by filing the appropriate document.
Service of the warrant must be performed by a proper individual. The plaintiff may not properly serve the civil warrant. You may have a copy of the civil warrant served by the Sheriff's office by paying an additional fee at the time (or when) you file the civil warrant. In most Virginia jurisdictions the fee is $12.00.
Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.
When the Judgment is Void.Judgments may be void for several reasons, for instance, if the plaintiff committed fraud on the court, or did not allege or prove facts sufficient to satisfy the requirements to sue a non-resident, or did not serve you or your business properly.