Enforcement of Judgment (Part XII)

Question 1

A writ of fieri facias (execution) is used to

Answer 1

reach personal property to collect a judgment.

Note: the clerk issues the writ of execution and gives it to the sheriff.

Question 2

A sheriff executing a writ of fieri facias will place a levy on property which

Answer 2

creates a lien on the property.

Note: sheriff may break into dwelling during the day to seize property.

Question 3

To reach intangible property, a sheriff delivers a writ creating a lien, which then is enforced through

Answer 3

garnishment.

Question 4

To reach a judgment debtor’s real property, a judgment is docketed in the Circuit Court where the property is located which

Answer 4

creates a lien.

Note: if land straddles two or more jurisdictions, docket in all courts.

Question 5

Jurisdiction for enforcement of a lien on real property is in

Answer 5

the Circuit Court.

Question 6

Venue for enforcement of a lien on real property is

Answer 6

where the real property is situated.

Question 7

To enforce a lien on real property, the Circuit Court can order that

Answer 7

rents and profits sufficient to satisfy the lien be paid over five years.

Question 8

The Circuit Court cannot order the sale of real property subject to a lien unless

Answer 8

rents and profits from the real property will not satisfy the judgment within five years.

Question 9

Virginia courts will enforce a foreign judgment if

Answer 9

a properly authenticated copy of an out-of-state judgment is filed in any Virginia Circuit Court.