Legal Question in Credit and Debt Law in Virginia

Procedure to collect a fraud judgment against a VA Contractor

I recently won a fraud & breach of contract judgment against a VA Class C Contractor who misrepresented himself as a WV Contractor & did shoddy work on my home. I know he owns a home in VA. He has lied thru out these entire legal proceedings & won't take responsibility for any damages he did to my property which is now devalued due to his shoddy work. He has unpaid fines in WV for over a year now. I had my WV judgment domesticated in VA & registered there, thus I believe creating a lien on his property. I know where he banks & have acct. numbers. I have reason to believe he is now working for cash to avoid garnishment of wages. What procedure should I follow to force him to pay this sizable judgment? How do I initiate interrogatories to make him answer re: his assets? How can I find out if/where he is working & what his assets actually are (short of hiring a P.I.)? Any help you could provide would be greatly appreciated.


Asked on 1/08/04, 1:22 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Procedure to collect a fraud judgment against a VA Contractor

Debtor interrogatories in VA require an in-person proceeding before the Court or in many jurisdictions a Commissioner in Chancery. It may be best to try to garnish accounts first (so he doesn't move the cash), then proceed with debtor interrogatories and against any real estate. The forms and procedures for judgment enforcement in VA are a bit archaic, so you may want to retain counsel to handle it. We do collections matters in VA, so feel free to contact me if you want representation on this.

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Answered on 1/08/04, 7:59 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Procedure to collect a fraud judgment against a VA Contractor

A lien should be recorded in the judgment lien book of each Virginia circuit court in the city or county where you believe the debtor may have assets, and, in particular, real property assets.

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Answered on 1/08/04, 9:09 am


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