Legal Question in Civil Litigation in Virginia

personal debt

A close, personal friend helped me get back on my feet post-divorce and she is now threatening to sue me for a substantial amount of money (42000). I know only the circuit court allows amounts this large. Even if I owe most of what she claims, I have been making payments to her continually for a couple of years. If she sues in court, can she receive a lien on my home? Can she have them execute a levy and seize of my HOUSE? I have a 1st and 2nd mortgage on it already. Could this debt cause me to lose my home? Or will the judge order something else? What are the possibilities in VA?


Asked on 9/14/07, 2:40 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: personal debt

Assuming suit is brought in VA, it would have to be in circuit court. If she prevails, her judgment will be a lien on any real estate in the city or county where the judgment was entered, and it can be docketed anywhere else. She can then proceed to try to sell your house to satisfy it, provided it sells for enough to pay the prior mortgages. You should see a lawyer promptly to consider your options.

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Answered on 9/14/07, 3:04 pm


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