If I was served with an unlawful detainer but I moved out 3 weeks before my hearing, do I have to appear in court?

UPDATED: Jun 17, 2015

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If I was served with an unlawful detainer but I moved out 3 weeks before my hearing, do I have to appear in court?

Asked on June 17, 2015 under Real Estate Law, Virginia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It's never a good idea to miss court.  Bad things always tend to happen.  The other side can move for a final default judgment against you.  Continue to make plans to appear until someone with the judge's office says, in writing, that you do not have to appear.  If you don't get something in writing from the court, appear and explain that the suit is now moot because you have already moved out.  You may also want an attorney to review the summons that you received so that you can assert any other potential defenses that you may have.

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