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 the 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 the military service, stating that the plaintiff is unable to determine whether or not the defendant is in the military service.
Any judgment by default entered by any court in any civil action or proceeding in violation of Title II of the Service members Civil Relief Act (50 U.S.C. Approximately §§501 et seq.) may be set aside as provided by the Act.
The act also provides that where appointment of counsel is required for a service member pursuant to federal law, the Court may assess attorney fees and costs against any party as the Court deems appropriate. The Court in its order shall direct which of the parties to the case shall pay such fees and costs directly to the appointed counsel.