Legal Question in Credit and Debt Law in Virginia

Debt judgment and property lien

I had a warrant in debt (for credit card debt) filed in my county court when I had no means to pay, and judgment was entered against me. I have vacant land I could now sell and could use the proceeds to negotiate with my creditors. Obviously I can get a better deal negotiating with multiple creditors than if they take what they want by legal action.

Question: Does the former judgment (a couple years ago) constitute a lien against my vacant property or is the creditor required to file a separate action to obtain a lien, much as they would to obtain a garnishment? I am not aware of any lien and can find no indication of any such in the county records. If I try to sell the property, will that trigger some collection action, or am I free to sell?


Asked on 4/08/04, 9:04 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Debt judgment and property lien

A Virginia court judgment, either from a General District Court or from a Circuit Court, does constitute a lien against your property, and when the judgment is docketed (filed with the Circuit Court) in the county where the land is, the existence of the judgment will be visible to buyers; and the settlement agent will take the amount of the judgment plus interest and give it to the judgment creditor(s). If you are really sure that the judgment is not docketed in the Circuit Court of the county where your land is, you might want to hurry up and sell.

Read more
Answered on 4/08/04, 9:15 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Virginia