Burroughs v. Palumbo

871 F.Supp. 870 (1994)

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Nature of the Case

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Facts

Burroughs (P) is an attorney in Northern Virginia who brought this action against Palumbo (D), a former client for unpaid legal fees. D is a citizen of Florida and was served in accordance with the Virginia long-arm statute. Service was made on the Secretary of the Commonwealth on August 24, 1994. On August 30, 1994, the Secretary mailed the Motion for Judgment to D. A certificate of compliance was filed with the state court on September 1, 1994, making service effective. Under Virginia law, D had twenty-one days from the date of service to file an answer in the state court. D filed a notice of removal on September 29, 1994, which was within the time allowed by federal law for filing a removal petition. D seeks to set aside the state court default judgment on the grounds that the state court lacked jurisdiction at the time that the default judgment was entered.