Post-Judgment Collection in Virginia General District Court: A Northern Virginia Litigation Attorney’s Guide
- Rory Nugent
- May 15
- 3 min read
Getting a judgment in Virginia General District Court is relatively easy - collecting on that judgment is the hard part. Whether you are a small business owner, a landlord, or a private individual, understanding the post-judgment collection process is key to recovering what you’re owed. As a Northern Virginia litigation attorney, I’ve helped clients navigate this often-overlooked phase of litigation. In this post, I’ll break down the steps, tools, and strategies for effective post-judgment collection in Virginia General District Court.
What Is Post-Judgment Collection in Virginia?
After securing a judgment in Virginia General District Court (which handles civil claims up to $25,000), you become a "judgment creditor." The losing party, or "judgment debtor," is legally obligated to pay the awarded amount, which may include principal, interest, attorney’s fees, and court costs. However, the court doesn’t order the judgment debtor to make payment then and there. If the judgment debtor doesn’t pay voluntarily, the judgment creditor must take proactive steps to collect. Knowing how to leverage Virginia’s legal tools can make all the difference.
Get Asset Information with Debtor’s Interrogatories
The first hurdle in post-judgment collection is identifying the debtor’s assets. Once you have a judgment, Virginia law allows you to file a Summons to Answer Interrogatories. This proceeding requires the debtor to come to court and answer questions under oath about their ability to pay the judgment, such as the following:
Where they work or what businesses they own
Where they bank or what investment accounts they may have
What real estate or other tangible assets they own
How much they owe to other creditors
Unfortunately, this process is more complicated than it sounds and, depending on the case, may not always make sense. In Northern Virginia’s busy General District Courts, such as those in Fairfax, Arlington, Prince William, or Loudoun County, timing and proper service are critical. A skilled Northern Virginia litigation attorney can ensure the interrogatory process runs smoothly, helping you gather the information needed to move forward.
Bank and Wage Garnishments
One of the most effective judgment collection tools, a garnishment lets you tap into the debtor’s wages or bank accounts. Virginia caps wage garnishments at 25% of the debtor’s disposable earnings (subject to exemptions), while bank account garnishment can seize available funds up to the judgment amount. Accurate debtor information from interrogatories or other sources is essential for filing a garnishment summons.
Levy on Personal Property
Through a Writ of Fieri Facias, you can ask the sheriff to seize and sell the debtor’s personal property—like vehicles or equipment—to satisfy the debt. Recently, I had a case where I obtained a judgment against a business. The judgment debtor had been totally unresponsive, so we decided to file a writ of fieri facias. 13 deputies entered the business, seized all the cash in the register, and tagged various pieces of equipment including two 70-inch TVs. The judgment debtor contacted me immediately to set up a payment for the remaining balance due on the judgment to avoid a very public and embarrassing auction of the equipment and property he needed to run his business.
Unfortunately, the effectiveness of this process depends on a variety of factors, so consulting a Northern Virginia litigation attorney ensures you target the right assets.
Docketing Your Judgment as a Lien Against Real Estate
If the debtor owns real estate, recording your judgment in the county land records creates a lien. While this is a more “passive” approach, it can be especially effective in Northern Virginia’s robust housing market. Recording the judgment as a lien against the title to their house means that the debtor must pay the judgment before selling or refinancing.
Is Time on Your Side?
Sometimes waiting is your best option. In Virginia, judgments are enforceable for 10 years and can be renewed for another 10, giving you up to 20 years to collect. Plus, post-judgment interest (currently 6% per annum) will continue to accrue, increasing the total owed over time. The debtor may not be able to pay now, but they may be able to pay in the future. A Northern Virginia litigation attorney can help you determine when is the best time to take action to collect your judgment.
Why Hire a Northern Virginia Litigation Attorney for Post-Judgment Collection?
The post-judgment collection process can be complicated and frustrating. Local expertise matters as each jurisdiction can have unique nuances that can create additional obstacles. An experienced attorney streamlines the process, from filing interrogatories to executing garnishments, ensuring you recover your money efficiently.
Whether you’re chasing an unpaid debt or enforcing a court award, post-judgment collection doesn’t have to be a dead end. Contact us today to discuss how we can help you collect your judgment.