Need to vacate a judgment

[jeepgirrl]

What is the name of your state? Virginia

Aloha. I live in Hawaii. I have a long story, but the bottom line is that there is a default judgment of about $600 against me in Virginia. It appears on my credit report and I am getting ready to buy a house, so I need it off. The situation with the plaintiff became quite adversarial and personal so I'm not too interested in paying the judgment.

There are several possible avenues I believe I could pursue to get this cleared up if I knew what I was doing. I'm not a lawyer, though, so I don't.

My latest thought is this: I sent the plaintiff some papers (not a payment, but she doesn't know that). I tried to reach to her two different ways, by using a service company and by certified mail, but she avoided the service and did not claim the mail. Can I use this to claim that I am unable to pay the plaintiff because I cannot reach her despite my best efforts to do so?

 

[tessa]

Contact the Plaintiffs Lawyer, if they have one.

 

[jeepgirrl]

As far as I know, she does not have one.

 

[dcatz]

Can I use this to claim that I am unable to pay the plaintiff because I cannot reach her despite my best efforts to do so?

To have the judgment vacated? No, you cannot. Until you are ready to pay the judgment or able to have it vacated, that is probably the extent of the information that can be provided.

 

[Ozark_Sophist]

Why would you want to spend a couple thousand dollars in legal fees and court costs in an attempt to avoid a $600 judgment? Pay up.

 

[jeepgirrl]

To Ozark_Sophist, I was hoping this is something I could clear up myself without bringing an attorney into the mix (due to the high cost).

To dcatz, thanks. Do you have general suggestions of the types of grounds that I could use to get the judgment vacated? Improper notification (moved to another state, notification sent to old state)? This dispute arose over the sale of a car, which I believe she resold without ever registering the car in her name, so in the eyes of the state, she never owned it (right?). Can I argue that she can't sue me for damages to something she doesn't own? Jurisdiction (car sold in PA, suit in VA)?

I contacted the court today and the woman I spoke to basically said there is nothing I can do as far as paying the judgment goes. The court used to accept payments on behalf of the plaintiff, but no longer does so. She had no suggestions on how to reach the plaintiff if she won't accept my mail.

 

[dcatz]

OP – I’m responding to two matters – your request for general suggestions of grounds to vacate the judgment and your claim that the court will not accept payment to allow you to satisfy the judgment.

Candidly, I am not sympathetic to an attempt to “game” the judgment creditor, because of mutual animosity. At the same time, I think that you should be able to vacate a void or invalid judgment and be able to pay a judgment, if you honestly wish to do so.

Defective service of process, resulting in lack of notice, and lack of jurisdiction are always grounds to move to vacate. You alluded to both. I won’t dwell on either, because I think there is an overriding problem, and that is the fact that you live in Hawaii and will either have to travel to VA or retain counsel, because there will be a need for a personal appearance at the motion hearing. That said, I believe that you may find it uncommonly difficult to "research VA statutes and am providing the following link to the relevant ones for your assistance:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC0800100

Grounds for vacating a default are at sect. 8.01-428

More to the point is that VA does have a current statute for paying a judgment to the court “when the judgment creditor cannot be located”. If you told the court that she would not accept payment, it may have given rise to the problem because, when there is a statutory provision to do it under certain circumstances, I do not see how you can be told “we used to do it, but no longer”. You’re in an untenable position, if you have no option, and I would endorse “reframing” your problem. If you’re still told that it can’t be done, ask for the name of the presiding judge, and ask for a calculation of the full amount due and owing. I’m providing a link to the statute. Review what is included. If court clerks don’t change their tune, send a letter to the presiding judge. Include guaranteed funds (cashier’s check or money order) for the amount due. Explain that payments to the creditor could not be delivered and that you have no alternative address. Explain that you need to clear the judgment to complete a home purchase and reference VA Ann. Code sect. 8.01-456. Enclose a SASE and ask for proof of Satisfaction that you can present to the title company. Hope it all doesn’t get returned, because I have no other suggestions.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-456

 

[jeepgirrl]

Thanks for the information. It's very helpful.

> Candidly, I am not sympathetic to an attempt to “game” the judgment creditor, because of mutual animosity.

That's a fair statement, but it's not what I am trying to do here. I'm trying to get out from under an unjust judgment.

Here's what happened...

We moved from Pennsylvania to Hawaii in late 2002. Before we moved, we sold our cars. I sold one to Debbie (not her real name) from Virginia. There were several phone calls and possibly a few emails to set everything up. I specifically remember her saying she was going to try and set up having someone mechanically inclined come and look at the car on a Wednesday evening, but that never happened. The car was picked up and paid for on the Saturday after that. Instead of picking the car up herself, she had a friend who was house hunting in the area do it for her. I didn't see any problem with that. I was paid cash. Her friend drove it home, which was about a four-hour trip, I believe, without problems.

Not long afterward, I began getting calls from her saying that something was wrong with the car's frame. I'm a computer guy, not a car guy. I don't crawl under cars. It gives me the creeps. Some people are bothered by heights. I'm the same way about crawling under cars. I had posted more than a dozen pictures of the car on my website and she'd had the chance to have the car inspected by a mechanic. It's not my fault that she didn't get it looked at by a professional prior to purchase. I told her everything that I possibly could have about the car, including everything that I knew was wrong with it. Honestly.

As far as I was concerned, the deal was closed.

She ended up suing me in Virginia. It seemed (and still seems) to me that Virginia does not have the authority to hear this case. Forgive me if I'm using the wrong terms. The sale took place in Pennsylvania. I lived in Pennsylvania. That's where any litigation over the sale should have taken place.

I sent a letter to the court saying same. Unfortunately, it reached the courts the day after the original hearing was scheduled. This part's weird. First, I got a letter from her saying that the judge gave her a default judgment and that I owed her something like $2300. Then I got a letter (I can't remember if it was from her or the courts) saying that the original decision had been taken away and that a new hearing was scheduled. This came by regular mail. Then I got a letter from the courts dated the day after the original hearing saying that my motion about jurisdiction had been denied. All this came by regular mail.

The next thing that happened was that I moved to Hawaii. I was never notified of any further hearings, but learned after the fact, that there was a continuance or two and then a hearing was held in December where she was again awarded a default judgment. This time it was for around $600. I don't know why the amounts are so different.

I was never given notice about any of the hearings after the first one. I am certain of that.

Was I properly notified? Did Virginia have the authority to hear the case? My opinion to both is no, but it's not my opinion that counts.

 

[dcatz]

That's a fair statement, but it's not what I am trying to do here.

Fair enough. The reference to sending her papers that she might think was a payment but wasn't sounded like a ruse.

I'm following further to give you a case reference that you might find useful, if you do decide to try to vacate:
http://www.courts.state.va.us/opinions/opnscvtx/1031376.txt

I ran across that, when researching the two prior citations.

For what it's worth, even if I agreed with both of your contentions, I think it's easier and less expensive to pay the judgment. Vacating it doesn't make the case go away; it starts it anew. I can't see you commuting from Hawaii to Virginia (because what's the point in having it heard in Pennsylvania now?) to appear on a motion to vacate and again to re-litigate the case.

And, incidentally, while the court was obliged to continue sending notices to your original service address, your jurisdictional argument sounds good. Personal jurisdiction is not normally considered to be subject to waiver, but I know of some SC courts that also require the defect to be asserted by the first appearance. You don't really know what went on.

I think the only sensible and cost effective approach is trying a "cram-down" of the payment on the court. I hope it works and that you're not required to retain or consult with VA counsel to get it done.