Legal Question in Credit and Debt Law in Virginia

Collection Debt

If I have a judgment letter in one state and I move, can the agency collecting the debt send the sheriff in another state?


Asked on 3/14/09, 7:13 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Collection Debt

No, not until the judgment in the first state is properly registered (or enrolled as they say in some jurisdictions) in the second state according to that state's procedural protocols governing such matters, and making it as enforceable

as one of its own (original judgments).

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Answered on 3/14/09, 7:36 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Collection Debt

I am concerned that you may have an exaggerated idea of what they can do by "sending the Sheriff after you."

In Virginia, they must first "domesticate" the judgement in a Virginia court as Michael Hendrickson explains.

But many people seem to assume that the court has power to take some extreme action against them. You cannot be arrested or treated in that way for only a civil debt.

THey can garnish your wages and skim some of your salary off the top to pay the debt. They can garnish your bank account. That can be a real problem if you don't have enough cash on hand to pay rent or mortgage. While I encourage people to pay their debts, because I have seen catastrophic screw-ups where a bank garnishment interferes with rent payments and mortgage payments, you should probably make sure they do not know where you bank and make sure you have as much money as possible out of your bank to pay rent or mortgage. Pay your debts. But in an organized fashion.

They can call you in to answer questions.

It is possible if you have a car or boat or something with NO LOANS (Liens) on it, they can order it transferred to them. Most attorneys do not know how to do this and most never bother to try.

It is theoretically possible for them to attach the lien to real estate and try to "foreclose" (so to speak) on the real estate. As a pratical matter this is very difficult and very expensive and in the current market conditions entirely unworkable. They could not expect to sell the real estate for a good price, and still pay off the existing mortgage. But it is possible.

If you were a business, they can send the Sheriff out to "levy" on all the equipment and property of the business and then try to sell it.

I tried to do that once. It is a huge pain, lots of work, and expensive, and probably not worth it for the creditor's lawyer.

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Answered on 3/14/09, 11:41 pm


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