Legal Question in Civil Litigation in Virginia

Summary Judgement

A summary judgement has been issued against me for breach of contract from my former employer. I have no assets in the U.S. Is there any thing they can do to me? I am livng in Canada and a Canadian citizen by birth. The suit was filed in federal court in Richmond, Virginia.


Asked on 6/07/07, 8:30 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Summary Judgement

The Virginia judgment will be enforceable in Canada, subject to possible defenses as to adequacy of notice, service, jurisdiction, and public policy. You may also have the right to move to vacate the VA judgment, or appeal it, but you need to act quickly. We handle litigation in the U.S. District Court for the Eastern District of Va., so feel free to contact me directly if you have further questions.

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Answered on 6/08/07, 11:01 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Summary Judgement

Yes, the Virginia judgment creditor could engage the services of a Canadian law firm to enroll or register

the Virginia judgment in the appropriate Canadian court and then proceed to enforce it against any and all of your assets which may be subject to attachment or levy under Canadian law.

One of your defenses to the action to enroll/enforce the judgment in Canada might be that you had neither proper notice/service of the Virginia lawsuit nor any realistic opportunity to contest the summary judgment action before it was entered against you in the Commonwealth of Virginia.

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Answered on 6/07/07, 10:59 pm


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