Legal Question in Credit and Debt Law in Virginia

Collecting a judgement against escrow

I won a judgement against the buyer in a real estate transaction for money that is being held in escrow at the buyers attorney. The attorney will not release the funds until proper paperwork is filed, but no one will tell me what the proper paperwork is. My choices seem to be garnishment and levy. I am not sure about that. It is from a flyer the clerk gave me. Could you please tell me what I need to file for the attorney to release the funds.


Asked on 5/06/08, 9:07 am

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

Re: Collecting a judgement against escrow

You as judgment creditor should file what's called a Suggestion for Summons in Garnishment with the clerk's office of the court which entered the judgment in your favor. Once that office has then issued the Garnishment Summons to the attorney holding the funds in escrow(known as the garnishee), you must then file the Summons and Notice and Claim of Exemption also to be served upon the garnishee(as well as judgment debtor), who will then be required to account for on the latter form the property he is holding in escrow in behalf of the judgment debtor, and to remit it to the clerk's office who will then transmit it to you, thereby satisfying the garnishment.

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Answered on 5/06/08, 4:02 pm


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