Legal Question in Credit and Debt Law in Virginia
Locating a debtor
In our state, we file a warrant in debt to collect money legally owed from someone. You must pay a filing fee and a fee to have a subpoena served. Frequently, we cannot get a good address on those we wish to file against. There is supposedly a way to file against someone even if you cannot get good service, and the judgement will appear on their credit report (which will eventually result in the person retiring the debt when they apply for credit). Does anyone know the proceedure by which you can file the warrant in debt and get a judgement without a good address?
1 Answer from Attorneys
Re: Locating a debtor
Under our legal system there is no way you could secure a valid judgment against another person for money damages who had not first been properly served with notice of your court action. (A notice posted on the courthouse bulletin board or other such constructive notice as might be published in a local newspaper would not pass legal muster for this type of legal action.)
Good service on the defendant in this kind of court action requires that the person be served
personally with the court papers by one who is authorized under the relevant statute to do so.
In some cases the authorized server may give the papers to a legitimate member of the defendant's household who is over age 16 or attach them to the door of the defendant's legal residence.
In an action to secure a judgment for money damages, nothing less than the above modes of giving proper notice of the lawsuit to the defendant will meet the 5th Amendment Due Process requirements which are mandated under our Consititutional system.
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