Legal Question in Credit and Debt Law in Virginia
Enforce Judgment
In 1998 a Judgment was awarded the Plaintiff, however the Plaintiff has not
perfected it by making application to enforce. The judgment has not been
docketed, however to effect the release of a surety bond, the presiding Judge
wrote the following in his response letter to me: �The Clerk of Circuit court has
the ability to accept a different surety, who owns property, to enforce the
judgment, but she would have to be satisfied that the equity is sufficient to pay
the judgment, costs and accruing interest.� It appears the Judge wants me to
pick up where the Plaintiff left off. Is there a time limit for making application to
enforce a judgment? Is the judgment legal and binding since it was never
docketed? Will the interest accrue from the court date, or the docketing date?
1 Answer from Attorneys
Re: Enforce Judgment
Answers:
Ques. #1 No, as long as the judgment is valid.
Ques. #2 Yes, docketing is not required to
sustain its validity.
Ques. #3 Interest accrues from date of entry
by court.