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.
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