If I get a judgment for money, how do I get my money?

A judgment for money simply is a piece of paper at the courthouse that says someone owes you a certain sum of money.  This lets you use legal actions to collect the judgment.  You may ask the court for these things to help collect a judgment:

? Summons to answer interrogatories.

? Garnishment of income, bank accounts or other money.

? Levy (or attachment) to sell personal property.

? Docketing the judgment.

What is a summons to answer interrogatories?

A summons to answer interrogatories requires the person who owes you the judgment to come to a court hearing at a certain date, time and place.  The hearing allows you to ask questions (interrogatories) about the person?s income and property.  The person is under oath when answering these questions. 

Ask the Clerk?s office of the General District Court that heard your case for the ?Summons to Answer Interrogatories.?  This also is called ?Form DC-440.?  You must have the complete name and current address of the person you want to come to court.  The address must be a physical address, not a mailing address such as a post office box. 

What does it cost to file and serve a summons to answer interrogatories?

The fee is $12 for each summons to answer interrogatories.  This is added onto the court costs you are allowed to collect along with your judgment.  If you can?t afford the fee, ask for the ?Petition for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414).? 

How long must I wait before filing a summons to answer interrogatories?

If there is no appeal, you must wait 21 days after the judgment before filing a summons to answer interrogatories.  You may file this only once every six months.

What happens after I file a summons to answer interrogatories?

The summons says when and where to appear for court.  The clerk gives a copy of the summons to the Sheriff?s Department to deliver (or serve) on the person you want to come to court.  The person has to be served before he or she must come to court.  Unlike other court papers, once a summons to answer interrogatories has been served, the person must come to court, or else he or she can be jailed.

What happens at the hearing?

You must get to court on time.  If you?re not there on time, the summons could be dismissed.  If you and the other party are in court, what happens will differ from court to court and from case to case.  Sometimes, you will ask questions in front of the Judge.  Other times, the Judge will send you and the other party to a private room for you to ask questions.  If the other party will not cooperate, you always can ask the Judge for help.  The other party will be put under oath to tell the truth. 

What questions should I ask?

You should ask questions about the person, and his or her income and property, which will help you collect the judgment.  You should take careful and detailed written notes of the questions and answers.  Here are some questions you might want to ask:

? The person?s complete name, and any other names used.

? The person?s current physical address, current mailing address, and phone number.

? Whether the person owns or is buying a home or any other real property (house & land), and if so, the physical address and county or city where it is located.

? The person?s Social Security number and date of birth.

? The person?s source and amount of all income.

? If employed, the employer?s name, physical and mailing addresses, phone number, and name of the person who does payroll.

? If employed, the rate of pay, number of hours per week, how often paid (every week, every two weeks, two times a month, once a month), and dates wages are paid.

? Whether the person has any savings or checking accounts in a bank or credit union.

? If there are accounts, the bank?s name, physical and mailing addresses, and phone number.

? If there are accounts, all account numbers, the amount of money currently in each account, and the names of all people on each account.

? Whether the person has any other money that is payable to him or her, such as from tenants, customers, businesses or government agencies.

? If the person has other money payable to him or her, the source?s name, physical and mailing addresses, phone number, amount payable, and date payable.

? Whether the person has any personal property that would not be protected by law.

? If the person has personal property not protected by law, a detailed description of it (such as year, make, model, color, size, and value), and names of all owners.

What personal property is, and is not, protected by law?

Virginia law protects the following property, which can?t be taken to pay a judgment:

? Up to $5,000 worth of household goods.

? Up to $1,000 worth of clothing.

? Medically prescribed health aids.

? Up to $2,000 ?equity? value in a motor vehicle.  ?Equity? means the fair market value minus the amount still owed on the vehicle.

? Up to $10,000 worth of tools and equipment needed for work or school.

? Up to $5,000 worth of additional property, if listed in a Homestead Deed filed with the Circuit Court.

Most personal property is protected and can?t be taken to pay a judgment.  Here are common types of property which are not protected by law:

? Motor vehicles with an equity value more than $2,000.

? Boats and other watercraft.

? Guns, rifles, pistols and other firearms.

? Antiques, art objects, and stamp, coin and other collections.

? Very expensive jewelry and clothing, such as diamonds or furs.

What happens if the other party is not at the hearing to answer interrogatories?

If the other party doesn?t appear, the court can issue a ?Rule to Show Cause? against the person.  This requires the person to come to another court hearing and explain why he or she didn?t come the hearing to answer interrogatories.  If the person didn?t have a good reason to miss court, he or she can be jailed. The court also may issue a Capias to have the person arrested. 

What is a garnishment?

Garnishment means that wages, bank accounts, and other money payable to the person who owes you the judgment, gets paid to you instead.  Ask the Clerk?s office of the General District Court that heard your case for the ?Suggestions for Summons in Garnishment.?  This also is called ?Form DC-450.?  You must have the following things when you file a garnishment.

? Complete name and Social Security number of the person who owes you the judgment.

? That person?s physical address (not a mailing address such as a post office box).

? The date, amount, and payments made (if any) on the judgment.

? If garnishing an employer, the employer?s name, physical and mailing addresses, and name of the person who does payroll.

? If garnishing a bank account, the bank?s name, physical and mailing addresses, account numbers, and the names of all people on each account.

? If garnishing other money, the source?s name, and physical and mailing addresses.

What does it cost to file and serve a garnishment?

The fee is $49 for each garnishment.  This is added onto the court costs you are allowed to collect along with your judgment.  If you can?t afford the fee, ask for the ?Petition for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414).?

How long must I wait before filing a garnishment?

If there is no appeal, you must wait 21 days after the judgment before filing a garnishment.  As long as you are trying to collect the same judgment against the same person, there is no waiting period between garnishments.  Otherwise, there is a waiting period of eighteen months between garnishments against the same person.

What money can, and cannot, be garnished?

Wages can?t be garnished unless gross wages minus amounts that must be withheld by law are at least $234 per week.  Amounts that must be withheld by law include federal and state taxes.  They don?t include optional deductions from wages.  You can garnish the smaller of the following amounts.

? The amount by which gross wages minus amounts that must be withheld by law exceed $154.50 per week.

? 25% of gross wages minus amounts that must be withheld by law.

Government benefits can?t be garnished.  This includes Social Security, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Black Lung benefits, unemployment compensation, workers? compensation, and Veterans? benefits.  These benefits also can?t be garnished if kept separate from any other money, such as in a separate bank account.

Child support can?t be garnished.  Child support legally is the property of the child and can?t be taken to pay the judgment.

What happens after I file a garnishment?

A Garnishment Summons is served on both the person who owes you the judgment and the employer, bank, or other source being garnished.  A garnishment is good for 30, 60, 90 or 180 days, at your choosing.  The garnished money is under the control of the court until the garnishment period is over. 

The garnishment period ends on what is called the ?return date.?  This gives the person who owes you the judgment a chance to object and claim that the money can?t be garnished.  If this happens, you will get a Garnishment Exemption Claim Form.  This will tell you the date, time and place of the hearing on the objection.  You may be able to represent yourself at this hearing, but it is not recommended.  You should get legal help.  If there is no objection, or if an objection is not upheld, the garnished money is sent to you on, or soon after, the return date.

What is a levy (or attachment)?

A levy is when a Sheriff or Deputy goes to the home of the person who owes you the judgment, and makes a list of property that can be sold to pay the judgment.  However, you can levy on only some personal property.  Ask the Clerk?s office of the General District Court that heard your case for the ?Writ of Fieri Facias.?  This also is called ?Form DC-467.?  You must have the following things when you file a levy:

? Complete name and Social Security number of the person who owes you the judgment.

? That person?s physical address (not a mailing address such as a post office box).

? The date, amount, and payments made (if any) on the judgment.

What does it cost to file and serve a levy?

The fee is $12 for each levy.  This is added onto the court costs you are allowed to collect along with your judgment.  If you can?t afford the fee, ask for the ?Petition for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414).?

How long must I wait before filing a levy?

If there is no appeal, you must wait 21 days after the judgment before filing a levy.  There is no waiting period between levies. 

What happens after I file a levy?

Within 90 days, a Sheriff or Deputy goes to the home of the person who owes you the judgment, and sees whether there is any property that can be sold to pay the judgment.  If so, a list of this property, called an ?Inventory Form,? is mailed to the person who owes you the judgment, and to you.  If you want the Sheriff to take and sell the property, you must pay a $12 advertising fee and post a bond in the amount listed on the Inventory Form.  Only if you pay the fee, and post the bond, will the property be taken and sold to pay the judgment.

What is docketing the judgment?

Docketing the judgment is when you record the judgment in any Circuit Court in Virginia.  This puts a lien (or a claim) on any real property (house or land), in that county or city, owned by the person who owes you the judgment.  This alone does not mean that the real property will be sold to pay the judgment.  It does mean that the real property can?t be sold or given away, with a clear title, without paying the judgment. 

Ask the Clerk?s office of the General District Court that heard your case for the ?Abstract of Judgment.?  This also is called ?Form DC-465.?  You will have to complete it and file it with the Circuit Court.  There is no fee to file this.

If I get a judgment for return of property, how do I get my property back?

In a detinue case, your judgment is a piece of paper at the local courthouse that says someone must return your property to you.  This allows you to use legal actions to get back your property.  Ask the Clerk?s office of the General District Court that heard your case for the ?Writs of Possession and Fieri Facias in Detinue.?  This also is called ?Form DC-468.?  You will have to complete it and ask the Sheriff?s office to get your property back for you.  The fee to file this is $12.

If any item is damaged or missing, your judgment also is a money judgment for the value of that item.  This lets you use the legal actions discussed above to collect a money judgment.