Legal Question in Credit and Debt Law in Virginia

Re: Interrogatory

The answer to most of your questions is, "no", there are no limits, and it is customary in the General District Court for the debtor to go out into the hallway with the attorney for the creditor to answer the questions. No, the attorney doesn't have a "right" to search a purse, etc., but does have the power, as an officer of the court, to demand an accounting of whatever things of value the debtor may have in his possession, and receive an honest answer under oath. If either party is unhappy with the way the other is handling the situation, he may go back into the courtroom and ask the judge to correct the problem. That means that if the questions are unreasonable and excessive, the debtor can ask to have the interrogatories closed; if the attorney feels the debtor is less than forthcoming about the contents of the purse, he can ask to have the sheriff dump the contents out and search the purse. The seizure of personal property is to be done by the Court, not the attorney, and that's done pursuant to a writ of fieri facias (abbreviated "Fi.Fa."), and you'll note that the summons to answer interrogatories has a writ of fi.fa. imprinted on the lower left part of the form already.

If the debtor does not comply with the attorney's demands, the debtor can be imprisoned without trial and fined for contempt of court. That doesn't mean that the attorney can do any derned thing he wants, though, and may be liable under the Fair Debt Collections Practices Act for certain kinds of overreaching.

When in doubt, ask the judge. You always have the right to go in and ask the judge.