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Default Vs Non-Default Judgments?


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Hopefully this is a legitimate question?

Is there a difference between a "Default-Judgment" vs a "Non-Default" Judgment?

I received a judgment in 02 which the plantiff was tryiing to collect more money than what they were entiled to. They were sueing for $685 and I offered $185 because that's what I determined that I owed, and "The Judge" settled on $235 so that's what they were awarded. The judgment was actually paid (satisfied) in 02.

Since this was not a judgment by default, can I still motion the court and ask the judge to vacate the judgment on the grounds that the judgment has been satisfied?

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Is there a difference between a "Default-Judgment" vs a "Non-Default" Judgment?

Yes. First, there really is no "non-default" per se. A judgment is a judgment. It can be awarded in a number of ways. A "default judgment" would be a judgment entered against a non-responsive defendant; one who didn't answer the complaint, show up for court, etc. A summary judgment is a judgment entered as a matter of law. Essentially in cases where there are no facts in dispute. What most people refer to as a "judgment" is one which is entered after a jury or non-jury trial where facts are presented and judgment is passed upon those facts. Hope this helps!

Since this was not a judgment by default, can I still motion the court and ask the judge to vacate the judgment on the grounds that the judgment has been satisfied?

QT, you're in Virginia. What does your RCP say about vacating judgments?

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Nascar,

Right from the Code of Virginia:

§ 8.01-428. Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations.

A. Default judgments and decrees pro confesso; summary procedure. - Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant was, at the time of service of process or entry of judgment, a person in the military service of the United States for purposes of 50 U.S.C. app. § 502. Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.

B. Clerical mistakes. - Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order. During the pendency of an appeal, such mistakes may be corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending such mistakes may be corrected with leave of the appellate court.

C. Failure to notify party or counsel of final order. - If counsel, or a party not represented by counsel, who is not in default in a circuit court is not notified by any means of the entry of a final order and the circuit court is satisfied that such lack of notice (i) did not result from a failure to exercise due diligence on the part of that party and (ii) denied that party an opportunity to pursue post-trial relief in the circuit court or to file an appeal therefrom, the circuit court may, within 60 days of the entry of such order, modify, vacate, or suspend the order or grant the party leave to appeal. Where the circuit court grants the party leave to appeal, the computation of time for noting and perfecting an appeal shall run from the entry of such order, and such order shall have no other effect.

D. Other judgments or proceedings. - This section does not limit the power of the court to entertain at any time an independent action to relieve a party from any judgment or proceeding, or to grant relief to a defendant not served with process as provided in § 8.01-322, or to set aside a judgment or decree for fraud upon the court.

E. Nothing in this section shall constitute grounds to set aside an otherwise valid default judgment against a defendant who was not, at the time of service of process or entry of judgment, a servicemember for purposes of 50 U.S.C. app. § 502.

ANY IDEAS?

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§ 8.01-455. Court, on motion of defendant, etc., may have payment of judgment entered.

A. A defendant in any judgment, his heirs or personal representatives, may, on motion, after ten days' notice thereof to the plaintiff in such judgment, or his assignee, or if he be dead, to his personal representative, or if he be a nonresident, to his attorney, if he have one, apply to the court in which the judgment was rendered, to have the same marked satisfied, and upon proof that the judgment has been paid off or discharged, such court shall order such satisfaction to be entered on the margin of the page in the book wherein such judgment was entered, and a certificate of such order to be made to the clerk of the court in which such judgment is required by § 8.01-446 to be docketed, and the clerk of such court shall immediately, upon the receipt of such certificate, enter the same in the proper column of the judgment docket opposite the place where such judgment is docketed. If the plaintiff be a nonresident and have no attorney of record residing in this Commonwealth, the notice may be published and posted as an order of publication is required to be published and posted under §§ 8.01-316 and 8.01-317. Upon a like motion and similar proceeding, the court may order to be marked "discharged in bankruptcy," any judgment which may be shown to have been so discharged.

B. The cost of such proceedings, including reasonable attorney's fees, may be ordered to be paid by the plaintiff

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