Creditor collecotn after a judgement has been entered in its favor

Question 1

A circuit court judgement

Answer 1

is valid for 20 years

Question 2

A GDC judgement

Answer 2

Valid for 10 years unless it was docketed in Circuit court

Question 3

Judgements can be renewed

Answer 3

Yes

Question 4

Lien on real property

Answer 4

When a judgement is docketed, the lien automatically attaches to any real property owned by the debtor in the county in which the court is located

Question 5

Procedure to enforce lien on real property

Answer 5

1) File a creditor’s bill in equity to enforce the lien by selling the property

2) A special commissioner is appointed who identifies the parties with an interest in the property and notifies them of enforcement

3) The commissioner determines whether the rent’s profits generated by the property are sufficient to pay off the judgement liens within 5 years

4) The buyer at the sale takes subject to all liens with priority

(if not, then commissioner sells property)

Question 6

If property is owned by tenants in the entirety

Answer 6

A creditor cannot enforce a lien against that property unless both tenants are debtors

Question 7

Liens against personal property

Answer 7

1) File writ of fieri facias to obtain lien

If filed in Circuit court creditor has 21 days to wait before court will issue writ

if filed in GDC- no waiting period

2) Writ allows sheriff to levy personal property within 90 days and create an execution lien through 1 of 2 methods

seize property or exercises dominion r control over them

Question 8

Liens on intangible personal property (Garnishment liens)

Answer 8

1) Creditor uses a writ of execution and requests that the court issue a garnishment summons naming the garnishee

2)A summons will be served on both the served on the garnishee and the debtor

3) Garnishee can raise defenses that it had against the judgment debtor to defend against the garnishment or can turn the money it has over to the clerk and the clerk will distribute it to the judgment creditor

4) Employer can charge a fee up to 10 dollars from their employers who are judgment debtors in a garnishment proceeding

Question 9

Limitations on garnishment liens

Answer 9

Child support, veterans and social security benefits, unemployment and workers compensation, and similar benefits cannot be garnished
In Virginia, spouses can hold bank accounts at tenants by the eternity, the only way a creditor can garnish that count if both spouses are debtors