Default Judgment Virginia With Agreement
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FAQ
To obtain a judgment in default of appearance or defence and summary judgment under O. 14 ROC, the plaintiff only needs to satisfy procedural requirements laid out in Rules of Court 2012. However, judgments in default may be set aside by defendant by merely showing to the court that he has defence on the merits.
How is a Judgment in Default of Appearance entered? A legal action in the civil courts are initiated via a Writ of Summons or an Originating Summons. Upon the issuance of the sealed Writ by the Court, the Plaintiff is to serve the sealed Writ to the Defendant within 6 months after the writ is issued by the Court.
The plaintiff lodges a written request for default judgment if the defendant fails to file a notice of intention to defend within ten days. The request must be in duplicate. Original summons, sheriffs return of service and documents on which cause of action is based, (if applicable) must accompany the request.
Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and
Question: Can you overturn a default judgment? Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered the complaint, the plaintiff may move for an entry of default judgment.