Legal Question in Civil Litigation in Virginia
Exemption Hearing appeal
I am a judgment creditor after winning Suit in Detinue. I filed Writ of Fieri Facias, which was served on a vehicle worth $8000. He requested Exemption Claim Hearing. At hearing, it was found by the judge that his Exemption was not valid. The judge told him he could appeal to Circuit Court. I was prepared to post the sheriff�s bond immediately, but told to wait for the appeals process. What exactly is he appealing � the original judgment, or only the Exemption hearing? Just trying to figure out the process with Circuit court. At Circuit court, are they going to rehear the Exemption Hearing, or are they going to just review the Exemption Hearing? Can either party introduce new evidence? Does he have to post a bond for the Exemption Hearing appeal just as he would have if he had appealed the original judgment? The judge did not specify if he would have to post a bond, but she did not for the judgment trial either. Neither of us will be getting a lawyer, but will be representing ourselves.
1 Answer from Attorneys
Re: Exemption Hearing appeal
The judge's ruling in the general district court denying the judgment debtor's request for an exemption under the FiFi writ is what is(or may be) likely under appeal. Assuming it's an appeal de novo to the circuit court, the appeal will have to be perfected by the judgment debtor by posting the required bond.
The narrow issue of whether the lower court's denial of an exemption was proper will be decided anew by a circuit court judge after the parties have presented their cases. Any new evidence which the parties wish to put forth in their respective cases will likely be deemed admissible.
If the matter gets this far, the judgment debtor will again very likely find that another (higher) court has again ruled against him.
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