Legal Question in Landlord & Tenant Law in Virginia

I sued a former roommate because she withheld $490 of my security deposit. A couple days before the trial was to take place, I received a summons, she counter-sued me for not fulfilling the lease contract (which was not true anyway). The date for counter-sue was in Dec, but my case against her was scheduled for Oct. 23. I showed up on Oct 23, she did not, so the judge entered a judgement in my favor. On the second date (for her counter-sue) in Dec, she claimed she did not show up to the previous hearing because the clerk of the court told her she didn't have to, both cases will be heard in Dec. Because a judgement was already rendered in my favor, the judge gave me a default judgement in this second case.

Now she filed a motion to set aside default judgement citing that she was given bad advice from the clerk. I want to know first, can she do this? And second, what can I expect at this next hearing....am I now the plaintiff again arguing my first case against her or am I the defendant in her counter-suit?


Asked on 12/21/09, 5:47 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

1. Yes, she can (and apparently has).

2. Yes, quite likely so (plaintiff and defendant in both instances referenced ) in my opinion.

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Answered on 12/27/09, 8:28 am


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