2006 Code of Virginia § 8.01-15.2 - Servicemembers Civil Relief Act; default judgment

8.01-15.2. Servicemembers Civil Relief Act; default judgment.

A. Notwithstanding the provisions of 8.01-428, in any civil action orproceeding in which the defendant does not make an appearance, the courtshall not enter a judgment by default until the plaintiff files with thecourt an affidavit (i) stating whether or not the defendant is in militaryservice and showing necessary facts to support the affidavit; or (ii) if theplaintiff is unable to determine whether or not the defendant is in militaryservice, stating that the plaintiff is unable to determine whether or not thedefendant is in military service. Subject to the provisions of 8.01-3, theSupreme Court shall prescribe the form of such affidavit, or the requirementfor an affidavit may be satisfied by a written statement, declaration,verification or certificate, subscribed and certified or declared to be trueunder penalty of perjury. Any judgment by default entered by any court in anycivil action or proceeding in violation of Article 2 of the ServicemembersCivil Relief Act (50 U.S.C. app. 527 et seq.) may be set aside as providedby the Act. Failure to file an affidavit shall not constitute grounds to setaside an otherwise valid default judgment against a defendant who was not, atthe time of service of process or entry of default judgment, a servicememberfor the purposes of 50 U.S.C. app. 502.

B. Where appointment of counsel is required pursuant to 50 U.S.C. app. 521or 522, the court may assess attorneys' fees and costs against any party asthe court deems appropriate, and shall direct in its order which of theparties to the case shall pay such fees and costs. Such fees and costs shallnot be assessed against the Commonwealth unless it is the party that obtainsthe judgment.

(2004, c. 381; 2005, c. 909.)