Legal Question in Credit and Debt Law in Virginia
collections - levy on retainer?
My small business plans to sue another business in small claims court. If we win a judgment, I think it may be difficult to locate the defendant's bank account in order to garnish, and in addition the account may be nearly empty. I know the defendant is already engaged in unrelated litigation and has retained an attorney in my state. If we win, could we request a levy on the defendant's retainer being held by the attorney or file a lien against it? Thank you.
1 Answer from Attorneys
Re: collections - levy on retainer?
Perhaps, if the targeted funds are merely an advanced fee and held in the attorney's trust account, they would continue to be the property of the attorney's client and belong to the client/defendant and therefore mught be subject to garnishment/levy. However, if the funds are in fact a retainer paid as a flat fee for services to be (or already)rendered, the funds would likely belong to the lawyer and would not be subject to the aforementioned attachment.
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