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?


Asked on 8/31/05, 8:37 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

Read more
Answered on 8/31/05, 11:07 am


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