Legal Question in Traffic Law in Virginia
Writ of Fieri Facias and disability
If a person is collecting monthly disability, can you serve them a Writ of Fieri Facias for judgment collections?
1 Answer from Attorneys
Re: Writ of Fieri Facias and disability
Sure, a judgment debtor can be served by his judment creditor with a writ of execution which in the Commonmwealth is known as Fieri Facias. However, whether the particular disability payment which this writ seeks to attach is actually attachable is quite another matter, and the presumption on the part of the debtor should be that it is not and, consequently, the issuer of the disability checks should be so informed that no part of the disability check should be garnished or withheld in favor of the judgemnt creditor until it is legally established otherwise.
The judgment debtor should bear in mind, however, that even if the disability payments cannot be attached with the writ of FF, that other property in his possession might be subject to such attachment by sheriff's deputies.
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