Can I modify or vacate a small claims court judgment?

Yes, you can modify or vacate a small claims court judgment in Virginia. Generally, you can file a motion to modify or vacate the court’s judgment within 30 days of the judgment being entered. To do this, you must file a Motion to Vacate The Judgment in the court where the case was heard. If you are looking to modify a judgment, you must explain why there was a mistake in the judgment and what the proper judgment should be. If you are looking to vacate the judgment then you need to include a clear and convincing reason as to why the court should vacate the judgment. Consider if you have new evidence that was not presented at the original trial, or if you were not present at the original trial and had a valid excuse for not being present. In order to file the motion, you will need to provide a signed affidavit to the court that describes why you are asking for the judgment to be vacated or modified. You will also need to serve the opposing party with a copy of the motion and affidavit. Once the motion is filed and served, a hearing will be scheduled in the court. At the hearing, you will have the opportunity to present any evidence that supports the modification or vacating of the judgment. The court will then make a decision based on the evidence presented.

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