Legal Question in Credit and Debt Law in Virginia

Re: Collecting a Judgment in Virginia

Make sure you got personal service on the judgment debtor interrogatories. If not, make a copy and have it served by a private process server. Keep track of your costs, they get added to the judgment for collection. In court, if the defendant doesn't show up, ask to have a rule to show cause issued, returnable to a date about six weeks out. Make sure you get personal service of the rule (which you have to draft and file, btw). If he doesn't show up at that time, ask to have a capias issued (arrest warrant).

If he does show up, make sure first that he gets sworn to tell the truth, and ask him questions about everything that he could possibly own which you could attach to satisfy your judgment. Tape the questions and answers - if he won't answer your questions, ask the judge to find him in contempt.

The judgment can be enrolled in the Maryland Circuit Court in the county where the debtor resides. It's a bit of a complicated process, but you may have better luck enforcing your judgment there in terms of assets.

I'm in Fauquier, you can call me if you have other questions. 540-347-2430

Re: Collecting a Judgment in Virginia

You should record a lien in the judgment lien book of the circuit court in the county or city

in Virginia where the business and its assets are located. (Send certified copies to the major credit reporting agencies.)You could also register the judgment with the appropriate court in MD and then record a lien in the city or county where the debtor's home is located to encumber the title in case you are mistaken and title to the home is in fact jointly held. Investigation should also be undertaken to determine whether your judgment debtor is the sole owner of the business or whether there are others involved, and, if the former, whether the shield of incorporation for the business may be pierced in any way and all of the assets of the business made subject to attachment in order to satisfy the remaining part of the judgment.(The fact that you, apparently, were able to levy against the bank account would suggest that other assets associated with the business may be attached and your interrogatories should be directed towards revealing these business as well as personal assets.)