Can You Get a Default Judgment Vacated in Virginia?

 Posted on July 11, 2026 in Business Counseling, Litigation & Transactions

A default judgment can put a property or business at serious risk. When a defendant fails to respond to a lawsuit or appear in court on time, the court may decide the case without hearing that party’s side of the case. Depending on the dispute, the judgment could impose substantial financial liability, allow a creditor to seize assets, or even place commercial property at risk of foreclosure.

Fortunately, a default judgment is not always the end of a case. A property owner may be able to ask the court to vacate the judgment, but Virginia’s deadlines are exceptionally strict.

Silverman Thompson’s Virginia practice recently obtained an order vacating a default judgment on a mechanic’s lien action that threatened a valuable 15-story office building. Attorney Pierce Murphy was retained late in the afternoon on the twentieth day after the judgment had been entered. He quickly prepared and filed the motion the next morning, arguing that Virginia Code §43-20 does not allow a court to place a mechanic’s lien against a property owner if the owner’s tenant was the party who ordered the work giving rise to the lien, and that the resulting judgment was void.

Despite opposition from the lienholder, the same judge who entered the default judgment granted Mr. Murphy’s motion and vacated it, finding the previous judgment to be void. As a result of Mr. Murphy’s creative thinking and quick action, this multi-million dollar commercial property is no longer exposed to foreclosure under that judgment.

How Long Do You Have to Challenge a Default Judgment in Virginia?

Under Rule 1:1 of the Rules of the Supreme Court of Virginia, a final judgment remains under the trial court’s control for only 21 days after it is entered. During that period, the court may modify, vacate, or suspend the judgment. Virginia courts act more quickly to enter default judgments than many other state or federal courts, so the initial notice of any lawsuit should be a top priority for any Virginia business.

In Virginia, once the 21 days are up, the court loses authority to change the final order except in rare circumstances. Filing a motion is not necessarily enough to extend the deadline. Unless the court enters an order modifying, vacating, or suspending the judgment within the 21-day period, the judgment becomes final. This makes immediate action on default judgments essential.

Can a Tenant’s Contractor Place a Mechanic’s Lien Against an Owner’s Property in Virginia?

Questions involving mechanic’s liens on large commercial real estate developments are common because tenants often hire contractors to improve leased office, retail, or industrial space.

Virginia law states that when a party who orders construction or repairs owns less than a fee-simple interest in the land, only that person’s interest is subject to the mechanic’s lien, with limited exceptions.

Cases depend on issues such as:

• Who contracted for the work
• Whether the tenant acted as the owner’s authorized agent
• What interest in the property the party ordering the work held
• Whether a statutory exception applies
• Whether the lienholder files the lien correctly 

In practical terms, this means that when a tenant orders work, a contractor may have lien rights against the tenant’s leasehold interest – but not against the landlord’s full ownership interest in the property. An owner of valuable real estate or a building may face liability for a tenant’s debts, unless an experienced business litigation attorney swiftly responds.

What Should a Commercial Landlord or Other Virginia Business Owner Do After Learning About a Default Judgment?

If a business or property owner is notified of a default judgment, the company needs to gather as much information as possible and bring it to an experienced business litigation attorney. This includes the judgment, the original complaint, and service documents. If applicable, leases, construction contracts, documented conversations with the contractor or other lienholder, and invoices can provide important information.

Before responding to the default judgment, an attorney will need to determine:

• When the judgment was entered
• Whether notice of the judgment was correctly served 
• Whether the order is final
• Who actually ordered or authorized the work
• Whether the lien complies with Virginia law
• Whose property interest can legally be subjected to the lien

With major commercial assets at stake, default judgment litigation requires fast, precise work by attorneys comfortable handling complex motions and high-value disputes.

Contact a Silverman Thompson Commercial Litigation Attorney

A mechanic’s lien or other default judgment can existentially threaten valuable property or company. Silverman Thompson’s business litigation lawyers excel at thinking outside the box to find creative solutions to difficult problems. We work with many different types of complex business litigation cases, from corporate shareholder disputes to M&As to contractor-related issues, and more.

Our business litigation group is made up of experienced trial lawyers who regularly handle dispositive and evidentiary motions in state and federal courts. We pursue efficient solutions when possible while remaining fully prepared to litigate high-stakes cases through trial.

Contact Silverman Thompson at 410-385-2225 to discuss a mechanic’s lien or other default judgment today.