Legal Question in Credit and Debt Law in Virginia
I have a judgement against a bank in VA, it has been filed through the circut clerks office. I don't believe the bank will pay the judgement on its own,, is there such thing as a writ of excution in VA??--where the sheriff's office shows up and enforces it or takes property. If so can it apply to a bank and be enforced? And what is the name of such filing in Va?? I know in WV its called a writ of excution.
1 Answer from Attorneys
Yes, the writ of execution in the Commonwealth is known as a Fieri Facias, aka Fi. Fa., and directed to the local sheriff to seize the judgment debtor's personal property in the manner prescribed by law which, if necesary, can later be sold at auction to satisfy the judgment from the sale proceeds of this property.
However, before resorting to this method of enforcement, you would be well
advised (in my opinion) to first send a letter of demand to the bank requesting
payment of the referenced judgment by a date certain before initiating any
enforcement action as described above.
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