Legal Question in Civil Litigation in Virginia

In Va.I have a writ of fieri facias, Is there any type of release of debt due to inability to pay? What can they take if not, all I own in a vehicile that is 15 years old, Am I in danger of losing it?


Asked on 1/12/10, 11:04 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You could record what's called a homestead deed at your local courthouse to protect roughly up to $5K worth of your property from the writ and if your 65 or older, up to $10K.

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Answered on 1/18/10, 6:27 am
Daniel Press Chung & Press, P.C.

Careful. You can exempt up to $2000 in value in a car, up to $5000 in value in household goods, and $1000 in wearing apparel, without a homestead deed. DO NOT use a homestead deed outside of bankruptcy unless absolutely necessary, as the $5000 exemption can only be used once per lifetime. See a bankruptcy lawyer who can advise you - other than by agreement, bankruptcy is the only way to be discharged from your debt for inability to pay.

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Answered on 1/18/10, 9:20 am


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