How do I set aside a default judgment in Virginia?

1. Governing Rule. Va. Sup. Ct. Rule 3:19 governs default in circuit court; Rule 3:19(d) allows the court to set aside a default before judgment or during the 21-day period after final order under Rule 1:1. Va. Code § 8.01-428 governs setting aside default judgments after 21 days.

2. Grounds. § 8.01-428(A): (1) the judgment was procured by fraud on the court; (2) the judgment is void; (3) there is a valid defense of accord and satisfaction; (4) the proceeding was a class action and notice was inadequate. Rule 3:19(d) before judgment: good cause and meritorious defense.

3. Deadline. Rule 1:1: trial court loses jurisdiction 21 days after entry of final order. § 8.01-428(A): two years for fraud or accord/satisfaction. Void judgments: any time. § 8.01-428(B) (clerical mistakes): any time. § 8.01-428(C) (default judgment, defendant had no notice): two years.

4. Mandatory vs Discretionary. Discretionary, narrowly applied because Virginia strongly enforces the 21-day finality rule of Rule 1:1.

5. Required Showing. Verified motion or independent action with sworn facts establishing one of the statutory grounds and a meritorious defense.

6. Filing Procedure. Motion to vacate (within 21 days) or independent action under § 8.01-428 + supporting affidavits + proposed responsive pleading.

7. Bond / Conditions. Court may impose conditions including payment of costs incurred.

8. Appeal of Denial. Petition for appeal to the Court of Appeals under Va. Code § 17.1-405.

9. Collateral Attack. Void judgments may be attacked at any time, in any proceeding, under § 8.01-428(D).

This is legal information, not legal advice.