Legal Question in Credit and Debt Law in Virginia
Our company filed for a warrant in debt and the judgment was found against the defendant. We are located in VA. the defendant has a vacation home a few towns over. We docketed the judgment in the county where the defendant's vacation home is. Then we requested a writ of fieri facias to collect the judgment at the local sheriff's office. The sheriff's office was supposed to go to the property to see what they can sell to levy the debt. The sheriff visited the home three times and no one was home each visit. The sheriff has now returned the civil papers to us and has given up. what next?
1 Answer from Attorneys
A writ of fieri facis allows a sheriff to go to the home of a valid judgment debtor to seize and sell such debtor's personal property in behalf of the debtor's judgment creditor.. However, if the the debtor is not home nor anyone else who is authorized to give admittance,then the sheriff has no option but to leave (and return).
Under the circumstances described, you have no option but to continue
your search to locate (hopefully within the Commonwealth) personal assets
of this debtor such as bank accounts, wages, vehicles, boats, etc., or other personal assets generating income for the debtor which could be subject to attachment.
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