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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27669
Experience:  Lawyer
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Been renting space - 6 years. Landlord later claimed we

Customer Question

Been renting space for business- 6 years. Landlord later claimed we missed month of rent in 2015. We denied that. Landlord later filed small claims against me as individual (guarantor), used residential address I hadn't lived at in 5+ years and in different county than that address (also diff county from where signed lease 6yrs ago), rather than biz addy or reg agent addy. Didn't know about filing until a months after small claims court happened and default judgement entered. Now reporting to credit (5 days ago) and interfering w. mortgage process. Vacate/Reconsider motion real option?
Submitted: 8 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you were never served with notice of the lawsuit, yes, you can file a Motion to Set Aside Default Judgment. Code of Virginia, Section 8.01-428. The fact that that plaintiff intentionally avoided serving you with notice of the suit can be used to make the request, since it's been less than 2 years. Essentially, the argument is that they committed fraud on the court by not serving you, using a false address, and filing the suit in another county where you were less likely to find out about it.

http://www.courts.state.va.us/forms/district/dc434.pdf

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