Legal Question in Civil Litigation in Virginia
ethical assets search
I was recently awarded a judgment and the debtor is unlikely to pay. I am planning to attach his vehicle, but I know that it is a difficult process. I would like to attach his bank account and have his social security number. Can I run a credit check myself in order to find out bank information? Is this illegal? There are many websites that offer to do these things for you, but it is expensive. At the same time, I don't want to do anything unethical. Thank you.
1 Answer from Attorneys
Re: ethical assets search
Virginia law (see http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-506 ) lets you conduct a judgment debtor's examination at which he or she must tell you, under oath, where the assets are. If this is too much hassle, and you don't mind giving up a little money for the satisfaction of having the b*****d professionally hassled, you might be able to get an attorney or professional collection firm to handle the collection on a contingency fee basis. As a judgment creditor, you may legally obtain a copy of the debtor's credit report. Contact one of the big 3 credit reporting agencies, or a company such as knowx.com, for more info.