How do I obtain a default judgment in a small claims court case?

In order to obtain a default judgment in a small claims court case in Virginia, several steps must be taken. First, the plaintiff must complete a complaint form, which can be obtained from the Clerk of the Circuit Court in the Virginia county where the case is being heard. The plaintiff should include the name and address of the defendant, the amount of money being sought, and the basis for the claim. The plaintiff must also swear to the correctness of the complaint, under penalty of perjury. Once the complaint form is completed, it must be filed with the Clerk of the Circuit Court. The defendant must then be served with the complaint. In Virginia, the court will assign a qualified adult to serve the complaint, or the plaintiff can hire a private process server. If the defendant does not respond to the complaint within 20 days, the plaintiff can file a Motion for Judgment by Default. The court will then require the defendant to answer the complaint and will schedule a hearing. At the hearing, the plaintiff must provide evidence that the defendant is responsible for the debt in question. If the defendant fails to appear, the court will enter a judgment in favor of the plaintiff.

Related FAQs

How do I calculate the amount of interest owed on a small claims court judgment?
Are there any limits on the amount of damages I can be awarded in a small claims court case?
How do I go about representing myself in small claims court?
Are there any special rules for parties under the age of 18 in small claims court?
Can I submit evidence by mail in a small claims court case?
How do I file a motion in small claims court?
How do I prepare for a small claims court hearing?
What is small claims court?
Can I take depositions in a small claims court case?
What is the procedure for submitting evidence to the court in a small claims case?

How do I obtain a default judgment in a small claims court case?

Related FAQs

Related Blog Posts