Virginia Clauses Relating to Defaults, Default Remedies
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FAQ
If default judgment has been entered correctly, the defendant can still apply to set the judgment aside but will need to convince the court that the test for setting judgment aside has been met.
A purchaser shall have the right to cancel the contract until midnight of the seventh calendar day following the execution of such contract. If the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel the contract shall expire on the day immediately following that Sunday or legal holiday.
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
If the civil warrant was properly served on the defendant and he or she fails to appear on the return date, a ?default judgment? may be entered against the defendant. In this case, the court will enter a judgment for the plaintiff on the trial date based on enough evidence from the plaintiff to support the claim.
Either the plaintiff or the defendant has the right to appeal to the Circuit Court any decision where the amount in controversy exceeds $50, or is for possession on an unlawful detainer action. An appeal may be noted by a party or by the attorney for such party (see Virginia Supreme Court Rule 7A:13 for exceptions).
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court. The Self-Help Center has a form Motion to Set Aside Default Judgment that is available for free at the center or can be downloaded on your computer.
In Virginia, under the first material breach doctrine, if the initial breach by one party is material, the other party to the contract is excused from performing its contractual obligations.
Finality of Judgments, Orders and Decrees. (a) Expiration of Court's Jurisdiction. ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.