{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-15.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-15.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-15.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-15.2.html"}],"law_id":82753,"edition_id":1,"section_id":82753,"structure_id":14706,"section_number":"8.01-15.2","catch_line":"Servicemembers Civil Relief Act; default judgment; appointment of counsel","history":"2004, c. 381; 2005, c. 909; 2016, c. 643; 2019, c. 454.","full_text":"A\n\nNotwithstanding the provisions of § 8.01-428, in any civil action or proceeding in which the defendant does not make an appearance, the court shall not enter a judgment by default until the plaintiff files with the court an affidavit (i) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (ii) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. Subject to the provisions of § 8.01-3, the Supreme Court shall prescribe the form of such affidavit, or the requirement for an affidavit may be satisfied by a written statement, declaration, verification or certificate, subscribed and certified or declared to be true under penalty of perjury. Any judgment by default entered by any court in any civil action or proceeding in violation of subchapter II of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) may be set aside as provided by the Act. Failure to file an affidavit shall not constitute grounds to set aside an otherwise valid default judgment against a defendant who was not, at the time of service of process or entry of default judgment, a servicemember as defined in 50 U.S.C. § 3911.B\n\nWhere appointment of counsel is required pursuant to 50 U.S.C. § 3931 or 3932 or another section of the Servicemembers Civil Relief Act, the court may assess reasonable attorney fees and costs against any party as the court deems appropriate, including a party aggrieved by a violation of the Act, and shall direct in its order which of the parties to the case shall pay such fees and costs. Such fees and costs shall not be assessed against the Commonwealth unless it is the party that obtains the judgment. Any attorney fees assessed pursuant to this subsection shall not exceed $125, unless the court deems a higher amount appropriate.C\n\nThe appointed counsel may issue a subpoena duces tecum for all discoverable electronic and print files, records, documents, and memoranda regarding the transactional basis for the suit. If requested in the subpoena, the plaintiff shall also deliver all documents or information concerning the location of the servicemember.D\n\nCounsel appointed pursuant to the Servicemembers Civil Relief Act shall not be selected by the plaintiff or have any affiliation with the plaintiff. However, counsel for the plaintiff may provide a list of attorneys familiar with the provisions of the Servicemembers Civil Relief Act upon the request of the court.","order_by":null,"text":{"0":{"id":296641,"text":"Notwithstanding the provisions of § 8.01-428, in any civil action or proceeding in which the defendant does not make an appearance, the court shall not enter a judgment by default until the plaintiff files with the court an affidavit (i) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (ii) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. Subject to the provisions of § 8.01-3, the Supreme Court shall prescribe the form of such affidavit, or the requirement for an affidavit may be satisfied by a written statement, declaration, verification or certificate, subscribed and certified or declared to be true under penalty of perjury. Any judgment by default entered by any court in any civil action or proceeding in violation of subchapter II of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) may be set aside as provided by the Act. Failure to file an affidavit shall not constitute grounds to set aside an otherwise valid default judgment against a defendant who was not, at the time of service of process or entry of default judgment, a servicemember as defined in 50 U.S.C. § 3911.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296642,"text":"Where appointment of counsel is required pursuant to 50 U.S.C. § 3931 or 3932 or another section of the Servicemembers Civil Relief Act, the court may assess reasonable attorney fees and costs against any party as the court deems appropriate, including a party aggrieved by a violation of the Act, and shall direct in its order which of the parties to the case shall pay such fees and costs. Such fees and costs shall not be assessed against the Commonwealth unless it is the party that obtains the judgment. Any attorney fees assessed pursuant to this subsection shall not exceed $125, unless the court deems a higher amount appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":296643,"text":"The appointed counsel may issue a subpoena duces tecum for all discoverable electronic and print files, records, documents, and memoranda regarding the transactional basis for the suit. If requested in the subpoena, the plaintiff shall also deliver all documents or information concerning the location of the servicemember.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":296644,"text":"Counsel appointed pursuant to the Servicemembers Civil Relief Act shall not be selected by the plaintiff or have any affiliation with the plaintiff. However, counsel for the plaintiff may provide a list of attorneys familiar with the provisions of the Servicemembers Civil Relief Act upon the request of the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14706,"edition_id":1,"name":"Special Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13793,"metadata":{},"date_created":"2026-06-26 03:49:26","date_modified":"2026-06-26 03:49:26","permalink":{"id":278479,"object_type":"structure","relational_id":14706,"identifier":"2","token":"8.01\/2\/2","url":"\/8.01\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13793,"edition_id":1,"name":"Parties","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":278451,"object_type":"structure","relational_id":13793,"identifier":"2","token":"8.01\/2","url":"\/8.01\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56357,"structure_id":14706,"section_number":"8.01-10","catch_line":"Joinder of tenants in common","url":"\/8.01-10\/","token":"8.01\/2\/2\/8.01-10","metadata":false},{"id":65227,"structure_id":14706,"section_number":"8.01-11","catch_line":"Proceedings on writing binding deceased person","url":"\/8.01-11\/","token":"8.01\/2\/2\/8.01-11","metadata":false},{"id":76614,"structure_id":14706,"section_number":"8.01-12","catch_line":"Suit by beneficial owner when legal title in another","url":"\/8.01-12\/","token":"8.01\/2\/2\/8.01-12","metadata":false},{"id":57842,"structure_id":14706,"section_number":"8.01-13","catch_line":"Assignee or beneficial owner may sue in own name; certain discounts allowed","url":"\/8.01-13\/","token":"8.01\/2\/2\/8.01-13","metadata":false},{"id":63683,"structure_id":14706,"section_number":"8.01-14","catch_line":"Suit against assignor","url":"\/8.01-14\/","token":"8.01\/2\/2\/8.01-14","metadata":false},{"id":83064,"structure_id":14706,"section_number":"8.01-15","catch_line":"Suits by and against unincorporated associations or orders","url":"\/8.01-15\/","token":"8.01\/2\/2\/8.01-15","metadata":false},{"id":66414,"structure_id":14706,"section_number":"8.01-15.1","catch_line":"Anonymous plaintiff; motion for identification; factors to be considered by court","url":"\/8.01-15.1\/","token":"8.01\/2\/2\/8.01-15.1","metadata":false},{"id":82753,"structure_id":14706,"section_number":"8.01-15.2","catch_line":"Servicemembers Civil Relief Act; default judgment; appointment of counsel","url":"\/8.01-15.2\/","token":"8.01\/2\/2\/8.01-15.2","metadata":false},{"id":76726,"structure_id":14706,"section_number":"8.01-8","catch_line":"How minors may sue","url":"\/8.01-8\/","token":"8.01\/2\/2\/8.01-8","metadata":false},{"id":60741,"structure_id":14706,"section_number":"8.01-9","catch_line":"Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability","url":"\/8.01-9\/","token":"8.01\/2\/2\/8.01-9","metadata":false}],"previous_section":{"id":66414,"structure_id":14706,"section_number":"8.01-15.1","catch_line":"Anonymous plaintiff; motion for identification; factors to be considered by court","url":"\/8.01-15.1\/","token":"8.01\/2\/2\/8.01-15.1","metadata":false},"next_section":{"id":76726,"structure_id":14706,"section_number":"8.01-8","catch_line":"How minors may sue","url":"\/8.01-8\/","token":"8.01\/2\/2\/8.01-8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-15.2\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 381<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 909<\/a>; in 2016, chapter 643<\/a>; in 2019, chapter 454<\/a>.<\/p>","references":false,"refers_to":[{"id":58043,"section_number":"8.01-3","catch_line":"Supreme Court may prescribe rules; effective date and availability; indexed, and annotated; effect of subsequent enactments of General Assembly","order_by":null,"url":"\/8.01-3\/"},{"id":59330,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","order_by":null,"url":"\/8.01-428\/"}],"permalink":{"id":278509,"object_type":"law","relational_id":82753,"identifier":"8.01-15.2","token":"8.01\/2\/2\/8.01-15.2","url":"\/8.01-15.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-15.2\/","token":"8.01\/2\/2\/8.01-15.2","dublin_core":{"Title":"Servicemembers Civil Relief Act; default judgment; appointment of counsel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-15.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 8.01-428<\/a>, in any civil action<\/span> or proceeding in which the defendant<\/span> does not make an appearance<\/span>, the court<\/span> shall not enter a judgment by default<\/span> until the plaintiff<\/span> files with the court<\/span> an affidavit<\/span> (i) stating whether or not the defendant<\/span> is in military service and showing necessary facts<\/span> to support the affidavit<\/span>; or (ii) if the plaintiff<\/span> is unable to determine whether or not the defendant<\/span> is in military service, stating that the plaintiff<\/span> is unable to determine whether or not the defendant<\/span> is in military service. Subject to the provisions of § 8.01-3<\/a>, the Supreme Court<\/span> shall prescribe the form of such affidavit<\/span>, or the requirement for an affidavit<\/span> may be satisfied by a written statement, declaration, verification or certificate, subscribed and certified or declared to be true under penalty<\/span> of perjury<\/span>. Any judgment by default<\/span> entered by any court<\/span> in any civil action<\/span> or proceeding in violation of subchapter II of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) may be set aside as provided by the Act. Failure to file an affidavit<\/span> shall not constitute grounds to set aside an otherwise valid default judgment<\/span> against a defendant<\/span> who was not, at the time of service of process<\/span> or entry of default judgment<\/span>, a servicemember as defined in 50 U.S.C. § 3911. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where appointment of counsel<\/span> is required pursuant to 50 U.S.C. § 3931 or 3932 or another section of the Servicemembers Civil Relief Act, the court<\/span> may assess reasonable attorney fees and costs against any party<\/span> as the court<\/span> deems appropriate, including a party<\/span> aggrieved by a violation of the Act, and shall direct in its order<\/span> which of the parties to the case shall pay such fees and costs. Such fees and costs shall not be assessed against the Commonwealth unless it is the party<\/span> that obtains the judgment. Any attorney fees assessed pursuant to this subsection shall not exceed $125, unless the court<\/span> deems a higher amount appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The appointed counsel<\/span> may issue<\/span> a subpoena duces tecum<\/span> for all discoverable electronic and print files, records, documents, and memoranda regarding the transactional basis for the suit<\/span>. If requested in the subpoena, the plaintiff<\/span> shall also deliver all documents or information concerning the location of the servicemember. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Counsel<\/span> appointed pursuant to the Servicemembers Civil Relief Act shall not be selected by the plaintiff<\/span> or have any affiliation with the plaintiff<\/span>. However, counsel<\/span> for the plaintiff<\/span> may provide a list of attorneys familiar with the provisions of the Servicemembers Civil Relief Act upon the request of the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICEMEMBERS CIVIL RELIEF ACT; DEFAULT JUDGMENT; APPOINTMENT OF COUNSEL (\u00a7\n8.01-15.2)\n\nA. Notwithstanding the provisions of § 8.01-428, in any civil action or\nproceeding in which the defendant does not make an appearance, the court shall\nnot enter a judgment by default until the plaintiff files with the court an\naffidavit (i) stating whether or not the defendant is in military service and\nshowing necessary facts to support the affidavit; or (ii) if the plaintiff is\nunable to determine whether or not the defendant is in military service, stating\nthat the plaintiff is unable to determine whether or not the defendant is in\nmilitary service. Subject to the provisions of § 8.01-3, the Supreme Court\nshall prescribe the form of such affidavit, or the requirement for an affidavit\nmay be satisfied by a written statement, declaration, verification or\ncertificate, subscribed and certified or declared to be true under penalty of\nperjury. Any judgment by default entered by any court in any civil action or\nproceeding in violation of subchapter II of the Servicemembers Civil Relief Act\n(50 U.S.C. § 3901 et seq.) may be set aside as provided by the Act. Failure\nto file an affidavit shall not constitute grounds to set aside an otherwise\nvalid default judgment against a defendant who was not, at the time of service\nof process or entry of default judgment, a servicemember as defined in 50 U.S.C.\n§ 3911.\n\nB. Where appointment of counsel is required pursuant to 50 U.S.C. § 3931 or\n3932 or another section of the Servicemembers Civil Relief Act, the court may\nassess reasonable attorney fees and costs against any party as the court deems\nappropriate, including a party aggrieved by a violation of the Act, and shall\ndirect in its order which of the parties to the case shall pay such fees and\ncosts. Such fees and costs shall not be assessed against the Commonwealth unless\nit is the party that obtains the judgment. Any attorney fees assessed pursuant\nto this subsection shall not exceed $125, unless the court deems a higher amount\nappropriate.\n\nC. The appointed counsel may issue a subpoena duces tecum for all discoverable\nelectronic and print files, records, documents, and memoranda regarding the\ntransactional basis for the suit. If requested in the subpoena, the plaintiff\nshall also deliver all documents or information concerning the location of the\nservicemember.\n\nD. Counsel appointed pursuant to the Servicemembers Civil Relief Act shall not\nbe selected by the plaintiff or have any affiliation with the plaintiff.\nHowever, counsel for the plaintiff may provide a list of attorneys familiar with\nthe provisions of the Servicemembers Civil Relief Act upon the request of the\ncourt.\n\nHISTORY: 2004, c. 381; 2005, c. 909; 2016, c. 643; 2019, c. 454.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}