Legal Question in Landlord & Tenant Law in Virginia

interogatory summons

My mother and I are going to court tommorow against her former tenants. They skipped out on the rent for four months and were kicked out by the courts. We won the judgement against them and tried to garnish their wages and there was no money to garnish. SO now we are now trying to see where she banks, does she have money somewhere, etc. Since we will not have a lawyer present can we ask her to tell us whats in her purse still? What other kinds of questions can we ask her? What should we do after that?


Asked on 10/24/07, 11:03 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: interogatory summons

Yes, as far as I know, inquiries as to what may lie within the debtor's purse or wallet which could be counted against what is still owed under a judgment are still permitted in Virginia debtor's interrogatories.

In fact you can still ask that whatever is of value in the debtor's possession be seized by a court bailiff

and, after processing, turned over to the debtor's judgment creditor. (Of course, whether the court will actually concede to such a request will likely vary with court and judge.)

During debtor's interrogatories, you (as judgment creditor) can ask the debtor any question which might reasonably lead to relevant information regarding his or her assets,e.g., where such assets may be located, what kinds and in what amounts, as well as information as to how such assets may be most expeditiously accessed by the creditor----are but a few examples of such questions that you could ask among many others.

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Answered on 10/24/07, 2:58 pm


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