Legal Question in Credit and Debt Law in Virginia
Money Recovery
A case that I brought to the civil court is as follows, a Uncle of my wife bought a motorcycle from me and in good faith I signed teh title to him. However, I made him sign a written agreement for purchase and covered all the details that if he did not pay, property would be returned to me, with no refund of money. After 500.00 he quit paying, so a balance of 1800.00 is left. I won the case, with no contention, I tried the Fi Fa, but the sheriff never pursued it. What is teh next step???? Please help.
1 Answer from Attorneys
Re: Money Recovery
The writ of execution, known in Latin as fieri facias, means "you cause it to be done." That's exactly what's required here.
Follow up with the Sheriff to find out why the approporiate levy was not made. If the Sheriff
can't find appropriate property to levy against, it's up to you to find the judgment debtor's bank
accounts, salary, or other sources of income that
can be levied against or garnished.
A lien should be recorded immediately in the judgment lien book of the circuit courts in those jurisdictions where the debtor may have real or personal property. The debtor can also be summoned into court where the original judgment was obtained and be required to give answers under oath as to the nature and location of his assets.
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