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Served and sued in VA?


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Hey does anyone know the laws for VA with regards to being served for court?

I think from what I have read, the court can not try the case if I was never served, is this correct?

Has anyone dealt with this?

It would have been impossible to serve me if I was in the middle of the sea somewhere. So I couldn't have been served at work.

Does anyone happen to know?

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Look for VA's rules of civil procedure.

Each state is different and it's not always necessary to serve you in person. Sometimes they can publish it or they can post it on your door, etc.

Edited: I just checked and VA is one of those states where they can just post it on your door.

You can read more details here.

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You may have been served at your last known address, so if you moved recently keep that in mind. Lots of default judgments are won because the person being sued was never personally served, but the RCP were followed. I would call your county clerk and get a copy of any judgment (if there is one) and look at the affidavit of service. If it says something like 'posted on door' you can move to have it vacated. There is a link on this site under judgments that shows you how to do that.

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Did you already get a default judgment? If so, how long ago was it b/c you may be able to vacate it. However, I have sued before from VA and whaty they typically do is attempt service with the sheriff / or private process server. If that comes up empty, then they send a letter to you via regular first class mail and that's it.

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Yeah, they have already sued us and we never recieved anything. I only recieved a LETTER, saying what we owed and when I called the woman she told us we had already been sued.

I got a hold of the court house they directed me to the website to look at the judgements. All of them were won by Default. The apartment building didn't even have an attorny representing them.

The lady at the courhouse was very helpfull to me and she said since we were military we were assigned one, but we still lost, I guess because what would he have used to defend us......we weren't there and never even knew about it.

I guess it's possible they served it at the door, but they had given us a 30 day notice to get out.....so we did. What did they think we were going to do stay and wait untill we REALLY had to leave. We were going out to sea, so we didn't even have time to play any games with them.

Now, 2 of the jusdgements we are guilty and we owe and I've made arrangements with the lady to pay, but the other stuff I know we have to do something.

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Bigjohn-

I left out that nothing was served through the mail. The nly thing we recived was that letter telling us we owed for Misc charges.

So my point is, we got that, but we never got anything else. We also go that letter after we had been sued.

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It has to do with accts. that were established before I was actice duty, interest rates and the laws to breaking the lease while on active duty. It doesn't cover us in this situation.

If you read it different, please, please let me know because I strongly believe we could sue them for what they have done to us. I feel they gave us a notice to leave based on false complaits. There is no record of what they say was complained about and the stuff that is true are things like "doing laundry at 4:58am" and "Vacuming late at night" "

Police called,tennent carried away in cuffs" Now, there is no police record, nor did that ever happen and doing laundry in the morning and vacuming late at night maybe, but there was no rule saying we couldn't do laundry at 4:58am. They said we violated the "noise" part of our lease. I thought that had something to do with Parties and loud music, not laundry. I feel we were harrased in some way and shortly after we were asked to leave, we were discharged from the Navy under the "don't ask, don't tell" policy and then sued again from the same apt's for more money. So as you can see......

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