Legal Question in Consumer Law in Virginia

I filed a Warrant in Detinue in Fairfax General District court against an auto mechanic who has had my car for 6 months and continues to fail to finish the work and return it. Mechanic filed an Answer of sorts and case was set for trial. Mechanic did not appear at trial, but Judge said he couldn't enter default judgment for possession of my car; only alternative monetary value. I just want my car. Moreover, any monetary judgment against this defendant is likely uncollectible. Was judge right? Can a defendant defeat a Warrant in Detinue simply by failing/refusing to show up in court?


Asked on 3/09/11, 4:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, the judge was correct. Your remedy in this situation is to enforce the judgment for the alternative monetary amount that was awarded you which may in fact have the serendipitous effect on your judgment debtor of inducing him to return your vehicle to you.

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Answered on 4/16/11, 9:00 pm


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