                                 CODE OF VIRGINIA

SERVICEMEMBERS CIVIL RELIEF ACT; DEFAULT JUDGMENT; APPOINTMENT OF COUNSEL (§
8.01-15.2)

A. Notwithstanding the provisions of &#xA7; 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 &#xA7; 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. &#xA7; 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.
&#xA7; 3911.

B. Where appointment of counsel is required pursuant to 50 U.S.C. &#xA7; 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. 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.

D. 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.

HISTORY: 2004, c. 381; 2005, c. 909; 2016, c. 643; 2019, c. 454.