QUESTION

How can I get relief from a default judgement?

Asked on May 12th, 2014 on Civil Litigation - Virginia
More details to this question:
My concern is the judgement was entered over 10 years ago.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Generally, a default judgment will be vacated when either (a) the court lacked jurisdiction over the judgment debtor, usually because he/she/it was never properly served, but sometimes because the debtor lacked sufficient contacts with the jurisdiction so that it was unconstitutional for the Court to exercise jurisdicition over him/her/it, or (b) the debtor has a reasonable excuse for having defaulted and a meritorious defense to the claims.  Since it has been 10 years since the judgment was entered, option (b) is probably not viable, especially since many jurisdictions have a time limit within which you must seek to vacate a default.  This wouldn't apply to a judgment entered without jurisdiction, which is null and void from the beginning, but would apply if you didn't appear because, for example, you had a health crisis 10 years ago. 
Answered on May 12th, 2014 at 5:38 PM

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