Legal Question in Landlord & Tenant Law in Virginia
My wife was seeking her full deposit check ($1200) from her previous landlord. The landlord had sent her a check for ~$300 in the mail after doing a final walk through with her where he told her she would receive the entire deposit back. The landlord showed up to the preliminary hearing to say that he contested the charges and a future court date was set. He did not show up to the future court date and the judge made a judgement against him saying that he owed $1200 plus interest from the date of judgement and $56 in court costs. The landlord had 10 business days to appeal before the judgement became final. Those 10 days have passed so can she cash the check for $300 and then garnish the remainder if he refuses to pay?
1 Answer from Attorneys
Yes, but there may no longer be funds in the landlord's account
sufficient to cover this $300 check.
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