I am often contacted by potential clients and fellow attorneys about pursuing possible class actions in Virginia. Most are unaware of a unique hurdle for potential Virginia class action plaintiffs: Virginia’s prohibition on class actions in state court. Class actions are, however, permitted in Virginia’s federal courts.
Many issues surrounding litigation are complicated. But there is one straightforward, uncomplicated rule that applies to all lawsuits anywhere—if you are sued do not ignore the lawsuit!! No matter how ridiculous the lawsuit seems or how much you do not want to pay for an attorney, you must respond to avoid a default judgment. This rule may be obvious to many, but, it is ignored by untold numbers of individuals and small businesses every year. Following this rule is especially important in Virginia, where it is easy to get a default judgment and especially difficult to have such a judgment set aside.