Legal Question in Credit and Debt Law in Virginia
Procedure for obtaining a judgement and collecting
I was a co-maker on a car loan for a family member. They defaulted on the loan and I had to pay off the loan to keep my credit intact and prevent being sued by the bank.
The auto was not in good resalable shape and required parts to be replaced, some autobody work, etc.
In any case, it is about to be listed for sale and I forsee a loss of several thousand dollars.
How do I go about collecting my loss for whom I co-signed the loan?
Do I file in small claims court, attend a hearing and obtain a judgement? If so, how is the judgement enforced? If the defendant doesn't pay, do I have to go back to court to have his wages garnished?
Boy...no good deed goes unpunished! Never again!
1 Answer from Attorneys
Re: Procedure for obtaining a judgement and collecting
You have to sue, obtain a judgment, and collect. You may or may not have to go to trial and prove your case, depending on whether the defendant defaults, but you have to be prepared to do so. Once you get your judgment, you can try to collect by garnishing wages, garnishing bank accounts or other assets, or levying on tangible assets.
Most counties in VA don't have small claims court per se. General District Court has jurisdiction over claims of up to $15,000. If it's more than that, you have to go to circuit court.
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