Legal Question in Credit and Debt Law in Virginia

Re: Collecting on Debt Judgement and Bankruptcy

If you get the judgment, you immediately (in Circuit Court) or quickly (in General District Court, by docketing the judgment in Circuit Court) can have a lien on his real estate, if any. Further, if you have an execution issued on the judgment you may be able to attach assets. These liens may or may not be avoidable in bankruptcy, depending on the circumstances. You also need to have an experienced collections or bankruptcy lawyer look at the schedules and statements in any bankruptcy he files, and look at the circumstances underlying your debt, as it may be possible to have his discharge denied, his case dismissed, or your debt excepted from discharge. However, understand that a bankruptcy filing will generally mean that you recover nothing.