Legal Question in Civil Litigation in Virginia
In a civil suit, what assets are attainable from the defendant if the defendant is found guilty? More in depth, if the defendant is the beneficiary of a sized inheritance, is the inheritance allowed to pay the damages before and or after the death of the person who is leaving the inheritance?
1 Answer from Attorneys
If a defendant does not pay the judgment against him, you may file a debtor's interrogatories to force him to answer under oath what assets he has. Debtor interrogatories is a summons directed to a judgment debtor, directing him to appear before the Court, to answer questions concerning the type, amount and location of all assets, real and personal, in which the judgment debtor has an interest.
You can then get a bank levy, wage garnishment, assignment order, turnover order, and liens against his property.
Beneficiary issues are difficult because forcing him to pay out of the trust depends on the trust terms.
I strongly suggest that you retain an attorney who is experienced in civil litigation, trust matters and collection issues who can better obtain judgment from the debtor.
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