Legal Question in Civil Litigation in Virginia

Re: small claims action

You can get a certified copy of the Order from the Clerk and mail it to the company, but if you can garnish their bank account (see below) that is better.

The best way to do this, especially for a company, is to "garnish" their bank account. Do you know where they bank? If you have a check from them, take a look. If they ever cashed one of your checks, examine all the junk on the back of your cancelled check to see if it mentions their bank.

Try to see some other way to find out where they bank. Note: YOU CANNOT GUESS. You can get in trouble for that. You have to have a reasonable basis for believing XYZ is their bank.

Then you fill out a garnishment form, which you can get from the Clerk of Court. It AIN'T EASY, and is a pain, because you have to prepare multiple copies, prepare various envelopes. It is a paperwork pain. But since small claims is less than $2000, you probably don't want to pay an attorney. So you should go in the afternoon when the Clerk is not busy (around 2:00 NOT near closing time) and do everything you can to get the Clerks to tell you HOW to fill out the form. (They will NOT give you legal advice, but they will probably tell you how to fill out the form. They will CLAM UP and STOP TALKING to you if you ask any kind of question like what is the best way to do this or that, or anything that sounds like legal advice. The only thing they will tell you is WHERE to write WHAT on the form, how many copies to file with them, etc., etc.)

Then the bank will be obligated to yank the money directly out of the defendant (judgement-debtor's) bank account and on the COURT DATE you set (consulting with the Clerk on the Date) the judge will hand you the money.

If you can't find their bank account, you will need to fill out a summons to call in an officer to answer "interrogatories" and tell you where they bank, etc.

I am NOT suggesting that this stuff is easy. It is not easy. But if you have a judgment for $2000 or less, you probably can't afford to pay a lawyer for it.