![]() ![]() Normally, the fi fa will have a return date of ninety days, and the debtor's property must be seized and sold within that ninety-day period. The fi fa which commands the sheriff or other officer of the state to whom the creditor delivers it to locate, seize, and publicly sell the property of the judgment debtor. Whenever a monetary judgment is issued by a Virginia court, the clerk of the court will automatically issue a fi fa once twenty-one days have passed from the entry of the judgment (this is the period of time that the losing party before the court has to obtain relief from the court in the form of a reconsideration or reduction in the judgment entered). In order to execute a money judgment against personal property, such as vehicles, furniture, clothing, jewelry, equipment, appliances, and the like, the creditor must obtain what is called a "writ of fieri facias" (often abbreviated to "fi fa"). ![]() Furthermore, no extension of the judgment statute of limitations is available against property that the debtor has sold. ![]() If the debtor sells the real property to a third party before the creditor has filed a bill in equity, the property may still be seized and sold, but this must be done within ten years from the date that the lien was docketed. Furthermore, the debtor can not force the creditor to claim personal property ahead of real property. Virginia differs from many other states in that it does not provide for a right of redemption, by which a debtor can reclaim the property if they raise the money to pay the debt after the foreclosure sale. The proceeds will go to satisfy the judgment, with any remaining amount being returned to the judgment debtor. Upon determining that rent and profits will not generate sufficient revenue, the commissioner will hold a public auction, at which the property will be sold. The property may only be sold if rents and profits from the property would be insufficient to repay the judgment owed within five years. The commissioner must also determine what rents or other profits may be derived from the property. The commissioner will determine which parties have an interest in the property, and whose interest has the highest priority. Once the lien is docketed, the creditor files a "creditor's bill in equity" in that jurisdiction, which will require the chancellor to appoint a "commissioner" to oversee the matter. To obtain a lien on real property in the state of Virginia, the judgment creditor must "docket" the lien in the public records office of the city or county where that property is physically located. Not only does this establish the rights of the creditor to seize and sell the property, it also determines what priority the creditor will have against other creditors who may wish to seize the same property. Thus, the required public act fixes a lien on the debtor's property. In each instance, however, the creditor is required to engage in a "public act", such as the recording of a lien on the title to the debtor's real estate to be seized, or using other public notice to place a lien on debtor's personal property. Generally, a creditor who has obtained a monetary judgment (a ruling from a court under which another party is required to pay money to the creditor) may enforce this judgment through the seizure and forced sale of the debtor's property, through the seizure of money held in the debtor's bank accounts, and through garnishment of the debtor's wages. The collection of judgments in Virginia may be accomplished under a number of routes provided under Virginia law, depending on the amount of the judgment and the particular assets that the judgment creditor wishes to pursue. ![]()
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