Legal Question in Real Estate Law in Virginia
Filing Suit for Unpaid Rent
I recently evicted a tenant that has not paid rent since July 2006. I know his previous landlord was garnishing his workman's comp/disability checks. I cannot file in small claims, as the amount due is around $13,000. How do I go about filing suit/judgment to garnish his checks and get the money he owes?
1 Answer from Attorneys
Re: Filing Suit for Unpaid Rent
You file your claim in the general district court. (If you have no experience in representing yourself in court in these kinds of matters, then you should arrange a consultation with an attorney to give you a few pointers, so to speak, as to how best to prepare and present your case before the general district court.
You should very clearly understand, however, that you cannot garnish your former tenant's income or levy against his bank account(s) until you obtain
a valid judgment against him.