Legal Question in Credit and Debt Law in Virginia

Re: What questions do I ask at an interrogatory summons to collect money for a s

Judgment debtors interrogatories are not stated in the summons. You prepare a list of questions you want to ask, and be prepared to take notes if, as, and when you get answers. I suggest you file a subpoena duces tecum along with your summons to answer interrogatories. A subpoena duces tecum is an order to produce documents. Make an attachment to go on the subpoena that lists the documents the debtor should produce, i.e., bank statements, certificates of title for any vehicles, deeds to realty, certificates of deposit, stock certificates, whatever documents you think you need and that this debtor is likely to be able to produce. Have the subpoena d.t. served along with the summons to answer interrogs.

On the return day, the judge will require the debtor to be sworn and to go somewhere outside the courtroom probably, to answer questions. If he doesn't comply, take the debtor back into the courtroom with you and tell the judge. if you're willing to wait until the end of the docket, you can ask the judge to allow you to ask your questions in court. Also, any valuables or cash the debtor has on his person at the time can be taken by the court in partial satisfaction of your claim that day.

There may be better ways to proceed, because, as you say, he could "flatten" his bank account right after he shows you the statement. I would prepare a writ of fieri facias (abbreviated "fi.fa." and pronounced "fye-fay") and have the sheriff attach all the business property in his place of business, without actual levy and seizure. The Sheriff will inventory the property and put stickers on the items showing the attachment, and make a report back to the court. If the guy operates out of a residence, make sure the Sheriff knows that it's a business - they're less inclined to go around attaching stuff in someone's home, because (1) the sheriff is an elected office and (2) personal property is often exempt or easily exempted.

If you know the guy has employees, see if you can find out from them what bank he does business at, and garnish his accounts at that bank.

If you know anyone who owes the guy money, present clients or whatever, garnish the amounts they owe. You start sending garnishments to current customers, and I bet that would get his attention.

For lists of questions and documents, check the law library in the courthouse; ask the librarian to help you find books containing sample judgment debtors' interrogatories.