Legal Question in Landlord & Tenant Law in Virginia

Writ of Possession

I am renting a trailer out to a tenant. They refused to leave after I gave them 30 day notice for failure to pay rent. I filed an unlawful detainer, went to court, and was granted immediate possession plus judgement for back rent. Then filed a Writ of Possession. The gentleman was incarcerated the same day I filed the writ. How do I go about getting possession of my trailer if the gentleman cannot be served the Writ? Also, how do I go about getting the money he owes for back rent as well since I was awarded that judgement? Thanks for any help you can give me.


Asked on 1/21/05, 3:59 pm

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

Re: Writ of Possession

You should be able to have the writ served on your former debtor tenant at whatever jail facility in which he's being held. Then, once you have proof that he's been properly served, you should be able to engage the services of your local sheriff to regain posession of your trailer.

(It's important that you work to accomplish this through local law enforcement and not attempt to do it on your own. So-called self help under these circumstances is strictly a no-no.)

As to collecting the judgment, I wouldn't hold your breath on that one as you must first identify

assets which belong to the judgment debtor and are available for attachment whether it be income,

a bank account or other property, whether it be personal or real. A debtor who is currently cooling his heels, so to speak, in the local slammer, is not likely to have much in the way of the foregoing assets which could be used to satisfy your judgment.

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Answered on 1/21/05, 4:12 pm


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