Legal Question in Real Estate Law in Virginia

debtor attempting to avoid obligation with Homestead Deed

Tenants stopped paying rent in Jan. on a lease that extended through July. Moved out in Mar. We have won 2 judgments for unpaid rent and late fees and instigated garnishment of wages to partially fulfill the first judgment. Consequently, the tenants filed Homestead Deed. Do I have any recourse? They are going to move out of state to avoid paying the debt--garnishment was my only hope of collecting any money towards the judgment.


Asked on 7/05/06, 4:05 pm

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

Re: debtor attempting to avoid obligation with Homestead Deed

You should carefully review the homestead filing for possible defects or procedural lapses.

The bank account(s)of the judgment debtor may be vulnerable to levy if in fact they contain amounts differing from that listed in the order of exemption from the court.

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Answered on 7/06/06, 9:48 am


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