A Virginia motion for default judgment is the filing a plaintiff uses to ask a circuit court to enter judgment when the defendant was properly served and never responded within the time allowed by Rule 3:8 of the Rules of the Supreme Court of Virginia. The motion has to prove three things on paper: that service was valid, that the response deadline has expired with nothing filed, and that the plaintiff is entitled to the relief the complaint requested. Rule 3:19 governs the mechanics, and the court retains discretion to award only the relief that appears to be due, so the motion package needs to be complete before you file it.
When the Defendant Is Actually in Default
Default happens automatically. If the defendant does not file a responsive pleading within 21 days after being served in a typical circuit court case, they are in default by operation of law under Rule 3:19. Two longer deadlines apply in specific situations: 60 days from the date a waiver-of-service request was sent under Virginia Code § 8.01-286.1, and 90 days if the defendant was addressed outside Virginia.1Supreme Court of Virginia. Rules of the Supreme Court of Virginia – Rule 3:8
A “responsive pleading” under Rule 3:8 means an answer, demurrer, motion to dismiss, motion for a bill of particulars, motion craving oyer, or a written motion raising a preliminary defense under Virginia Code § 8.01-276. If none of these is filed by the deadline, the defendant is in default.1Supreme Court of Virginia. Rules of the Supreme Court of Virginia – Rule 3:8
Being in default is not the same as having a default judgment entered. Until the court signs the judgment, the defendant can still petition for leave to file a late response, and the court has discretion to allow it for good cause shown. That is one reason the motion is not a formality: the defendant can appear at any point up to entry and try to reopen the door.2Supreme Court of Virginia. Rules of the Supreme Court of Virginia Part Three – Rule 3:19 Default
Service Has to Be Valid First
No default judgment survives without proof of proper service. Virginia allows personal service (the preferred method), substituted service on a household member at least 16 years old at the defendant’s usual place of abode, and, when neither works, service by posting a copy on the front door or main entrance.3Virginia Code Commission. Virginia Code Title 8.01 Chapter 8 Article 4 – Who to Be Served
Posting carries extra steps that directly affect when you can move for default judgment. The plaintiff or attorney must also mail a copy of the process to the defendant at least 10 days before any default judgment can be entered, and file a certificate of that mailing with the clerk. In circuit court, the mailing has to include the pleadings and a notice that the case is pending and that a default judgment may be requested after 10 days and the response period expire. Rule 3:19 bars entry of default judgment on posted service until § 8.01-296(2)(b) is fully satisfied.3Virginia Code Commission. Virginia Code Title 8.01 Chapter 8 Article 4 – Who to Be Served
Whoever performed service must file a return with the clerk within 72 hours. The return states the date, manner of service, and name of the person served. If a private process server was used, the return must include an affidavit of the server’s qualifications, an annotation that a private server performed the service, and the server’s name, address, and phone number.4Virginia Code Commission. Virginia Code 8.01-325 – Return by Person Serving Process
What Goes in the Motion
Virginia does not publish an official circuit court form for the default judgment motion. You draft your own, matching the caption of the original complaint. A working structure looks like this:
- Caption. Court name, case number, and full names of all parties, formatted the same as the complaint.
- Title. “Motion for Default Judgment” or “Motion for Entry of Default Judgment.”
- Introductory paragraph. Identifies the plaintiff and states that the motion is brought under Rule 3:19 of the Rules of the Supreme Court of Virginia.
- Service paragraph. States the date and method of service and references the return of service already on file.
- Default paragraph. States that more than 21 days (or 60 or 90, whichever applies) have passed since service and that no responsive pleading has been filed.
- Damages paragraph. For a liquidated claim, describes the amount owed with a calculation and references the attached affidavit of damages. For an unliquidated claim, states that the plaintiff requests a hearing to present evidence.
- Non-military affidavit paragraph. States that the affidavit required by Virginia Code § 8.01-15.2 and 50 U.S.C. § 3931 has been filed regarding the defendant’s military status.
- Prayer for relief. Asks the court to enter default judgment for the specific amount claimed (or for liability with damages to be determined at hearing), plus interest and costs.
- Signature block and certificate of service. The signature of the attorney or self-represented plaintiff, and a certificate confirming that the motion and notice of hearing were mailed to the defendant.
Keep the prayer honest to the complaint. Under Rule 3:19(c)(1), the court enters judgment “for the relief appearing to the court to be due,” which means the judge will not automatically award everything requested.5Supreme Court of Virginia. Rules of the Supreme Court of Virginia Rule 3:19 – Default
Documents to Attach
Three attachments carry most of the weight.
Return of service. The document filed by the sheriff or private process server proving valid service. If it is not already in the court file, attach a certified copy.4Virginia Code Commission. Virginia Code 8.01-325 – Return by Person Serving Process
Non-military affidavit. Both federal and Virginia law prohibit the court from entering default judgment until the plaintiff files an affidavit stating whether the defendant is in military service, or stating that the plaintiff cannot determine that status. The federal Servicemembers Civil Relief Act imposes this nationwide, and Virginia Code § 8.01-15.2 mirrors it.6Virginia Code Commission. Virginia Code 8.01-15.2 – Servicemembers Civil Relief Act; Default Judgment; Appointment of Counsel7Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If the defendant turns out to be a servicemember, the court must appoint an attorney to represent them before entering judgment. If military status cannot be determined, the court may require the plaintiff to post a bond against losses if the judgment is later set aside. Virginia’s Judicial System publishes Form DC-418 with checkboxes for each scenario.8Virginia Judicial System. Form DC-418 – Affidavit – Default Judgment
Affidavit of damages (liquidated claims only). When the amount is fixed or a matter of arithmetic, the affidavit must state the exact figure, break down principal, interest, and any specific fees, and show how each was calculated. For unliquidated claims such as pain and suffering, skip the affidavit at the motion stage. The court will set a separate evidentiary hearing on damages after liability is established by default.5Supreme Court of Virginia. Rules of the Supreme Court of Virginia Rule 3:19 – Default
Interest on the Judgment
If you want interest, ask for it and give the court a rate to use. Virginia’s default judgment rate is 6% per year when the underlying contract does not specify a rate. When the contract does specify one, the judgment carries interest at the contract rate or 6%, whichever is higher.9Virginia Code Commission. Virginia Code Chapter 3 – Interest and Usury
The court may award prejudgment interest and fix the date it starts running. If the judgment is silent on interest, it accrues automatically at 6% from the date of entry. The rate in effect on the date of entry controls, and later statutory changes do not reach back.10Virginia Code Commission. Virginia Code 8.01-382 – Verdict, Judgment or Decree to Fix Period at Which Interest Shall Commence
Filing, Notice, and the Hearing
File the completed motion and attachments with the clerk of the circuit court where the case is pending. Then mail written notice of the motion to the defendant. Rule 3:19(c)(1) requires the notice to go to the defendant’s last known address if that is known or reasonably available, otherwise to the address used for service. If notice truly cannot be provided, the motion has to include a certification that the plaintiff made reasonable, good-faith efforts to do so.5Supreme Court of Virginia. Rules of the Supreme Court of Virginia Rule 3:19 – Default
Rule 3:19 does not set a minimum number of days between mailing the notice and the hearing itself. Coordinate the hearing date with the clerk, and build in enough time for the mailing to reach the defendant. Show up prepared to answer questions from the judge about service, the calculation of damages, and any procedural gaps.
For a well-documented liquidated claim, the hearing is often short. For an unliquidated claim, the default only establishes liability. You still have to prove damages through testimony and evidence, and either side can request a jury for that determination.2Supreme Court of Virginia. Rules of the Supreme Court of Virginia Part Three – Rule 3:19 Default
The Shortcut for Contract Cases
Virginia Code § 8.01-28 gives contract plaintiffs a faster route. If, when the initial pleading is served, the plaintiff also serves an affidavit stating the amount claimed, that it is justly due, and the date interest runs from, along with any account statement, the plaintiff is entitled to judgment on the affidavit alone without further evidence. The defendant’s only escape is to appear and deny the claim under oath or file a responsive pleading before the return date.11Virginia Code Commission. Virginia Code 8.01-28 – When Judgment to Be Given in Action Upon Contract
The procedure works in both circuit court and general district court, covers any action on a note or contract for money, and reaches certain unlawful detainer actions. Prepared correctly at the outset, contract plaintiffs often get judgment without a damages hearing.
A Note on Divorce and Annulment
Rule 3:19(c)(1) carves divorce and annulment cases out of the standard default judgment procedure. A divorce cannot be granted on uncorroborated testimony, and the court has to hear evidence independently of admissions in the pleadings even when the defendant does not answer.12Virginia Code Commission. Virginia Code Chapter 6 – Divorce, Affirmation and Annulment If a divorce defendant was personally served and did not respond in time, the plaintiff can proceed to an ore tenus hearing or take depositions without giving the defendant further notice, but the court still evaluates the merits before granting the divorce. The motion package described above is not the mechanism in those cases.
After Entry: The 21-Day Window and Grounds to Set Aside
Under Rule 1:1, every final judgment stays under the trial court’s control for 21 days after the judge signs it. During that window the court can modify, vacate, or suspend the judgment. After 21 days, the judgment is final and the court loses that general authority.13Supreme Court of Virginia. Rules of Supreme Court of Virginia – Part One – Rule 1:1
Even after the window closes, a default judgment is not necessarily permanent. Virginia Code § 8.01-428 allows a default judgment to be set aside on specific grounds:
- Fraud on the court, with a motion filed within two years of the judgment.
- A void judgment, which can be attacked with no specific statutory time limit.
- Accord and satisfaction, if the defendant can prove the debt was already resolved.
- Servicemember status at the time of service or entry of judgment.
Knowing the setting-aside grounds is not academic for a plaintiff. If the return of service is thin, the non-military affidavit is missing, or the calculation of damages is not supported, you have handed the defendant an argument. A clean motion package, mailed and heard correctly, is what makes the judgment stick.