QUESTION

Removing a judgement placed in my absence

Asked on Jul 24th, 2013 on Collections - Virginia
More details to this question:
When I was 18 I collided with a woman on a moped crossing against the light. No tickets were issued but a report was written. This woman went to court and got an $8000 judgement against me and I just found out! I am 24. How can I get this reopened and defend myself? I live in Virginia
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1 ANSWER

According to Virginia law, if you are not properly served with notice of a lawsuit filed against you, any resulting judgment against you may be void. And if a judgment is void, it may be set aside. A judgment is considered “void” if the Court that entered the judgment lacked jurisdiction of the subject matter, or of the parties, or if it acted in a manner inconsistent with the due process of law. Plogger v. IMC Mortg. Co. (In re Plogger), 240 Bankr. 243 (W.D. Va. 1999). Due process of law requires that you receive notice of the lawsuit that was filed against you. If you never received notice of the lawsuit, the Court may lack jurisdiction, or more likely, the Court may have acted in a manner inconsistent with due process of law.  I am assuming the judgment entered against you was entered by default, since you just found out about the lawsuit and judgment for the first time. If you can demonstrate that the judgment against you is void, then you may be able to have it set aside pursuant to Va. Code Ann. § 8.01-428(A)(ii), which is the law stating that a default judgment may be set aside if it is void. Additionally, if you were in the military at the time the lawsuit was going on, you may be entitled to certain protections offered by the Servicemembers Civil Relief Act. 50 U.S.C. Appx. §§ 502 et seq.
Answered on Jul 30th, 2013 at 11:44 AM

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