How to File a Motion to Vacate Judgment in Virginia

To file a motion to vacate judgment in Virginia, you ask the court that entered the judgment to set it aside under Virginia Code § 8.01-428. The statute limits you to four grounds, imposes deadlines that vary by ground, and requires you to notify the other side before a judge will hear you. Winning the motion reopens the case; it does not end it.

The Four Grounds That Qualify

Section 8.01-428(A) is a closed list. Your motion must fit one of these:

Fraud on the court. The opposing party deliberately deceived the court in a way that corrupted the process, such as submitting fabricated evidence or lying about whether you were served. Ordinary factual disputes do not qualify.
Void judgment. The court lacked authority to enter the judgment. The most common example is defective service of process: if you were never properly notified of the lawsuit, the court never had jurisdiction over you.
Accord and satisfaction. The underlying debt or obligation was already settled before the judgment was entered, and you have proof of the agreement and payment.
Servicemember status. You were on active military duty when served or when the judgment was entered, triggering protections under Virginia law and the federal Servicemembers Civil Relief Act.

A separate part of the same statute lets the court fix clerical mistakes, such as typos, math errors, or accidental omissions, in any judgment at any time.¹

Active-duty servicemembers get an additional federal path. Under 50 U.S.C. § 3931, a court must reopen a default judgment entered during military service or within 60 days of discharge if the servicemember shows that military service materially affected the ability to defend the case and that a valid defense exists to some or all of the claims. The application has to be filed within 90 days after release from active duty.²

How Long You Have to File

Virginia circuit courts operate under Rule 1:1: the trial court keeps control of its own judgment for only 21 days after entry, and then generally loses the power to change it. Entry is the date the judge signs the order.³ Section 8.01-428 carves out exceptions, and the deadline depends on your ground:

Fraud on the court: within two years of the date the judgment was entered.¹
Void judgment: no statutory deadline. Because a void judgment is treated as legally nonexistent, a court can vacate it at any time.
Accord and satisfaction: the statute does not specify a separate deadline, but filing promptly after the 21-day window is still important. Courts are not sympathetic to years of unexplained delay.
Servicemember status: 90 days after release from military service under the federal SCRA.²
Clerical mistakes: no deadline. The court can correct these at any time, even on its own.¹

Which Court You Are In

The 21-day finality rule applies to circuit courts. General district courts have their own framework. Virginia Code § 16.1-97.1 gives parties in general district court 30 days from the date of judgment to file a motion for a new trial, and the statute expressly says it does not alter the relief available under § 8.01-428.⁴ The four grounds still apply in both court levels.

If your judgment came from general district court, you also have a separate option: appeal to circuit court for a brand-new trial (a “trial de novo”). Depending on the appeal deadline and your circumstances, that can be faster than a motion to vacate.

What Goes in the Motion

For general district court, use Form DC-434, “Motion to Set Aside Default Judgment,” from the Virginia Judicial System.⁵ The form is available on the courts’ website or at the clerk’s office. For circuit court, there is no pre-printed form; you or your attorney drafts the motion as a legal pleading.

Either way, the motion needs to contain:

The court name, case number, and names of the parties.
The specific statutory ground you rely on (fraud, void judgment, accord and satisfaction, or servicemember status).
A factual narrative with enough detail to connect your situation to that ground.

Attach supporting evidence. If you claim the judgment is void because you were never served, include a sworn affidavit explaining where you were living and why the service attempt failed. For accord and satisfaction, attach the settlement agreement and proof of payment. For a servicemember claim, attach documentation of your active-duty status at the relevant time. Judges are not inclined to undo final judgments on bare assertions.

Filing and Notifying the Other Side

File the motion and supporting documents with the clerk’s office of the court that entered the judgment. Filing fees vary by court. If you cannot afford the fee, you can request a waiver using Form CC-1414, subject to a judge’s approval.⁶

Section 8.01-428 requires “reasonable notice to the opposite party, his attorney of record or other agent.”¹ Form DC-434 offers checkboxes for personal service, substituted service, or mailing, and the court will indicate which method your case requires. In circuit court, confirm with the clerk whether the judge wants formal service through a sheriff or private process server, or whether mailing to the opposing attorney of record is enough.

Whoever delivers the notice must file proof with the court. A sheriff files a return of service. A private process server files a sworn affidavit confirming their qualifications and the details of delivery.⁷ If you served by mail, file proof of mailing. Without proof, the judge will not proceed.

The Hearing

At the hearing you carry the burden of persuasion. A final judgment already exists, and you are asking the court to undo it. Showing up and explaining that you missed the original case is not enough.

Walk the judge through your statutory ground with specifics. If you argue the judgment is void for defective service, be ready to explain exactly how the service attempt failed and to back it up with evidence, such as an affidavit from a neighbor confirming you did not live at the address where papers were left. If you claim fraud on the court, you need evidence of the deception, not suspicion.

The other side gets to respond and may present its own evidence that service was proper or that your arguments do not hold up. Even if you meet a statutory ground, the statute says the court “may” set aside the judgment, which means the outcome is discretionary. Organized evidence and a clear explanation of how you satisfy the requirements are what separate a granted motion from a denied one.

What Happens If the Motion Is Granted

Vacating a default judgment does not make the lawsuit disappear. It puts the case back where it was before the default was entered. The plaintiff’s claims are still pending, you now have to file a response, and the case proceeds on the merits. A circuit court case may move into discovery and eventually trial. A general district court case will get a new hearing date.

This is often a point where settlement becomes possible. A plaintiff who won by default may prefer a negotiated resolution to litigating against an active defendant.

Clearing the Judgment From Your Credit Report

Credit bureaus do not update your file automatically after a judgment is vacated. Pull your reports from Equifax, Experian, and TransUnion through annualcreditreport.com and check whether the judgment still appears.

If it does, file a dispute with each bureau reporting it, and include a copy of the court order setting aside the judgment. Under the Fair Credit Reporting Act, the bureau has 30 days from receipt of the dispute to investigate and resolve it.⁸ Disputing with the original creditor alone will not fix it, because the bureau maintains the record. Keep copies of what you send and every response you receive. If a bureau misses the 30-day window, you may have a claim under the FCRA.

1
Virginia Code Commission. Virginia Code 8.01-428 – Setting Aside Default Judgments; Clerical Mistakes; Independent Actions to Relieve Party From Judgment or Proceedings; Grounds and Time Limitations
2
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
3
Supreme Court of Virginia. Rules of the Supreme Court of Virginia – Rule 1:1 Finality of Judgments, Orders and Decrees
4
Virginia Code Commission. Virginia Code 16.1-97.1 – When a New Trial Is Granted
5
Virginia Judicial System Court Self-Help. District Court Forms
6
Virginia Judicial System Court Self-Help. Filing Fees and Waivers
7
Virginia Code Commission. Virginia Code 8.01-325 – Return by Person Serving Process
8
Office of the Law Revision Counsel. 15 USC 1681i – Procedure in Case of Disputed Accuracy