judge denied motion to vacate without viewing my proof

[yellowrose580]

i live in florida but had a default judgment placed against me in virginia. i was not served so i didn't know about the court (wish i did because i have proof of not owing the debt).

i filed a motion to vacate and had evidence that i did not live in virginia but the judge did not even look at my evidence (utility bills, lease, etc) and denied my motion.

i want to file an appeal but i am not sure that is the best way to go. since my right to be served was denied and i was sued for a debt that i didn't incur, would it be more beneficial to sue under FDCPA and claim damages?

fyi - it was an attorney who sued me and i have the original UNSIGNED engagement letter because i DID NOT want to use his services. he did not do a dilligent search, if he did he would have discovered that i lived in another state.

any suggestions or thoughts?

[Guest usctrojanalum]

Are you saying an attorney sued you for alleged attorneys fees? You would have to appeal because a suit against him for FDCPA violations would be improper and he would get it dismissed easily.