Default Judgments in Virginia: What Happens If You Don’t Respond to a Lawsuit?

When a plaintiff files a lawsuit in Virginia, the defendant is served with a complaint and given a specific period to respond. But what happens when a defendant fails to answer?

The result may be a default and, ultimately, a default judgment that resolves the case in the plaintiff’s favor without a trial on the merits.

Understanding how defaults and default judgments work in Virginia courts is important for plaintiffs pursuing civil claims and defendants facing litigation.

What Is a Default in a Virginia Civil Lawsuit?

In Virginia, a default generally occurs when a defendant fails to file a responsive pleading within the time permitted by law.

Under Rule 3:8 of the Rules of the Supreme Court of Virginia, a defendant in circuit court generally has 21 days after service of the summons and complaint to file an answer or another permitted responsive pleading. Different deadlines may apply in certain circumstances, including when service has been waived.

If the defendant fails to respond within the applicable period, the defendant is generally in default under Rule 3:19.

A default is not necessarily the final resolution of the case. However, it carries significant consequences. The defendant is generally deemed to have admitted the properly pleaded factual allegations of the complaint and loses the right to contest liability while in default, subject to applicable legal limitations.

How Does a Default Become a Default Judgment?

Once a defendant is in default, the plaintiff may move for a default judgment.

A default judgment is a court order granting relief to the plaintiff based on the defendant’s failure to respond to the lawsuit.

In cases involving a fixed or readily calculable amount of damages, the court may be able to determine the appropriate judgment without a separate evidentiary hearing.

When damages are unliquidated, meaning the amount must be established through evidence, Virginia Rule 3:19 generally requires the court to hear evidence and determine the amount of damages. If the plaintiff demands a jury trial on damages, a jury may be impaneled for that purpose.

Although a defendant in default generally cannot contest liability, Virginia’s rules permit certain participation in proceedings to determine damages.

Does the Court Automatically Grant a Default Judgment?

A default does not automatically entitle a plaintiff to every form of relief requested.

The court must determine that judgment is legally appropriate, including whether the pleadings and procedural requirements support the requested relief.

Virginia Rule 3:19 also requires written notice of the motion for default judgment to be mailed to the defendant’s last known address or another specified address, subject to the rule’s provisions.

A default judgment generally cannot award relief beyond what is permitted by the pleadings and applicable law.

Can You Set Aside a Default Judgment in Virginia?

Virginia law recognizes that default judgments may sometimes be set aside. However, the available remedies depend heavily on how much time has passed since the judgment was entered.

Within 21 Days After Entry of Judgment

Under Virginia Rule 3:19 and Rule 1:1, a circuit court generally retains authority to modify, vacate, or suspend a final default judgment for 21 days after its entry.

During this period, the court may consider several factors when deciding whether to grant relief, including:

• The extent and causes of the defendant’s delay in responding

• Whether the defendant was properly served and received timely actual notice of the claim

• The effect of the delay on the plaintiff

The court may also condition relief on reimbursement of additional costs and attorney’s fees incurred by the plaintiff because of the defendant’s delay.

After 21 Days Have Passed

Once the 21-day period expires, a final judgment generally falls outside the trial court’s authority to modify or vacate, except under limited statutory or other recognized exceptions.

Virginia Code § 8.01-428 identifies certain circumstances in which relief from a default judgment may be available, including fraud on the court, a void judgment, accord and satisfaction, and specified protections involving servicemembers.

Other limited remedies may apply depending on the circumstances and applicable law.

Because Virginia imposes strict rules governing the finality of judgments, defendants should seek legal advice immediately upon learning that a default judgment has been entered.

Why Responding to a Lawsuit on Time Matters

A default judgment can have serious financial and legal consequences.

A defendant who fails to respond may lose the opportunity to contest the plaintiff’s allegations, present defenses to liability, or otherwise participate fully in the litigation.

Once a final default judgment is entered, obtaining relief can become significantly more difficult, particularly after the court’s ordinary period of authority over the judgment has expired.

Defendants who have been served with a lawsuit should carefully review the documents, identify the applicable response deadline, and consult with litigation counsel promptly.

Get Legal Help With a Default Judgment in Virginia

Whether you are pursuing a default judgment against a defendant who has failed to respond or seeking relief from a judgment entered against you, understanding Virginia’s procedural rules is essential.

An experienced litigation attorney can evaluate the circumstances of your case, identify applicable deadlines, and help determine what legal options may be available.

If you have questions about default judgments in Virginia or need assistance responding to a pending lawsuit, contact Binnall Law Group to speak with our litigation team.