Enforcing Judgments: A Guide to Post-Judgment Remedies

Winning a lawsuit and obtaining a judgment in your favor should be a moment of relief. However, that victory can feel hollow if the other party refuses to pay what the court has ordered. Securing a judgment is only half the battle; enforcing it requires a strategic approach. Seeking legal help is often the difference between holding a worthless piece of paper and actually recovering your funds. 

At Vivona Pandurangi, PLC, we understand this frustration. Our attorneys have years of experience helping individuals and businesses across Virginia collect the money they are rightfully owed. We provide accessible and effective legal assistance to our clients in Falls Church, Alexandria, Arlington, Fairfax, Manassas, Prince William, and Loudoun, Virginia.

Understanding Post-Judgment Remedies 

After a court issues a judgment, it legally establishes that one party is obligated to pay a debt to another. When the debtor fails to pay voluntarily, the creditor must take additional steps to collect the debt. These steps are known as post-judgment remedies. They are the legal tools the courts use to compel payment from a non-compliant debtor. 

Successfully enforcing a judgment begins with gathering information. You often need to understand the debtor's financial situation to determine the most effective collection methods. This process, known as post-judgment discovery, enables you to ask the debtor questions under oath and request documents related to their assets, income, and employment. Once you have a clear picture of their finances, you can select the most suitable remedy. 

Standard Methods for Enforcing a Judgment 

Several legal mechanisms are available to creditors attempting to collect on a judgment. The right strategy depends on the specifics of your case, including the amount owed and the debtor's financial standing. Some of the most common methods you and your attorney can use include:

Wage Garnishment 

One of the most effective ways to collect a debt is through wage garnishment. This process requires the debtor's employer to withhold a portion of their earnings and send it directly to you, the creditor. It creates a steady stream of payments until the debt is satisfied. There are legal limits on how much can be garnished from a person's paycheck to make sure they can cover their basic living expenses. This method is highly effective when the debtor has a stable job. 

Bank Levy (Garnishment of Bank Accounts) 

If you discover the debtor has funds in a bank account, your attorney can obtain a court order to freeze the account. This is known as a bank levy or garnishment. The bank is then legally required to turn over the funds in the account, up to the total amount of the judgment, to satisfy the debt. This can be a swift way to recover a significant portion of what you are owed, provided the debtor has money in their account at the time of the levy. 

Property Liens 

Placing a lien on the debtor's real estate is another powerful tool. A judgment lien is a public record that attaches to the debtor's property, such as a house or a piece of land. This doesn't force an immediate sale, but it does prevent the debtor from selling or refinancing the property without first paying off your judgment.

Eventually, when the property is sold, your debt will be paid from the proceeds of the sale. This is a long-term strategy that secures your financial interest while you wait for the debtor to act. 

Asset Seizure (Writ of Fieri Facias) 

In some cases, you can request that the court issue a Writ of Fieri Facias, which is an order authorizing the local sheriff to seize the debtor's personal property. This can include items such as vehicles, business equipment, or other valuable assets. The seized property is then sold at a public auction, and the proceeds are used to pay down the judgment debt. This is a more aggressive measure, typically used when other methods have failed or are not available. 

Virginia Law on Post-Judgment Collections 

In Virginia, the process of enforcing a judgment is governed by specific state laws that outline the rights of creditors and the protections afforded to debtors. Understanding these laws is fundamental to a successful collection effort. 

In Virginia, a judgment is generally valid for 20 years and can be extended for another 20 years. This gives creditors a long time to pursue collection. To begin the process, the judgment must be "docketed" in the circuit court clerk's office. This act officially creates a lien on any real estate the debtor owns in that city or county. If the debtor owns property in multiple locations, you must docket the judgment in each jurisdiction. 

The Virginia Code provides for "debtor interrogatories," a key part of post-judgment discovery. This is a formal legal process where you can summon the debtor to court to answer questions under oath about their financial affairs. Failing to appear or answer truthfully can result in the debtor being held in contempt of court. This process is instrumental in locating assets that can be used to satisfy the judgment. 

State law also sets limits on garnishments. For wages, Virginia law protects a certain amount of the debtor’s disposable income from being taken. This is to prevent a debtor from becoming entirely destitute. Similarly, certain funds in bank accounts, such as Social Security benefits or disability payments, may be exempt from seizure. You and your attorney can analyze the debtor's situation to determine what assets are available for collection under the law. 

Bankruptcy Attorneys in Falls Church and Alexandria, Virginia 

At Vivona Pandurangi, PLC, our attorneys believe in making legal support more accessible and affordable. If you've received a judgment from a court and are faced with a debtor who is refusing to pay, you can count on us to guide you through the steps you need to take to receive your court-ordered payment.

We are dedicated advocates for our clients, adopting a results-focused approach to the law. With offices in Falls Church and Alexandria, Virginia, our firm serves clients in Arlington, Fairfax, Manassas, Prince William, and Loudoun. Contact us today to schedule a consultation.