Legal Question in Appeals and Writs in Virginia

Appeal Time Frame

I have a judgment that was awarded to me for my counterclaim against a bad contractor. The contractor is a business (LLC.) The judgement was in Roanoke General District Court on 7/7/04. I have been trying to locate their bank account since then for ganrnishment. Last night while searching the court website I found to my surprise that it said the case was ''appealed'' on 8/9/04 and to refer to circuit court. I checked and called circuit court and they have no record. I called a clerk at the general district court and they said he ''notified'' on 7/16/04 and ''perfected the appeal'' on 8/9/04.

It is my contention that he is outside the window of time with the perfection. This person (clerk) argued he had 30 days from the notification. I am contending he only had 30 days from the judgment date (court date that he was present at when verdict rendered).

I have located the bank but am being prevented from enacting the garnishee by his appeal,but have not been served, nor does the circuit court know any info, nor will the general district court clerks give me any more info.

The general district court clerks do not seem sure of hardly any info. Isn't the time frame 30 days from 7/7/04. What can I do??????


Asked on 8/18/04, 1:12 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Appeal Time Frame

First, the general district court clerks are not lawyers, and are prohibited from giving legal advice. They're only required to know how to do their own jobs.

But you're right, perfection of the appeal must be made within thirty days from the date of judgment, not from the date of the filing of notice of appeal. va code � 16.1-107. The tricky thing you have to keep in mind is that the date of judgment is the date the judge signs the case disposition form on the lower left side of the warrant in debt, or final order, if the case was brought by motion for judgment. Also: the date of the signing of the order is "day zero", not "day one". Go over to the courthouse and ask to see the file. Just be sure you're right about the thirty days. Another thing - in order to perfect the appeal, one has to post a bond with the clerk's office. The amount of the bond must cover the judgment. If it doesn't, file a motion to have the bond increased. Then, if the case is dismissed for lack of jurisdiction (or if you win again in the circuit court) you get the bond paid to you. File a motion for an order of payment.

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Answered on 8/18/04, 2:47 pm


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