• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Quick question in VA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

greenlady

Member
What is the name of your state? VA

I won a small claims case against my ex-husband recently, and I know he will not pay me voluntarily. Is there a certain period of time I have to wait before filing for a garnishment against him, or can I do it anytime after the judgement?

Thanks.
 


dcatz

Senior Member
It's probable that your judgment specified that "execution" (enforcement) is "stayed" (suspended) during the stautory time permitted to file an appeal (assuming that you were the plaintiff, your ex was the defendant and there is a right of appeal).
Without checking VA SC statutes and knowing the original status of both you and the ex, the easiest/best ways are to (1) review your judgment and/or (2) check with the court. If there is a right to appeal (and your ex was properly served, an issue which could further change the answer), a reasonable "guesstimate" of any stay would be 30-35 days from entry of judgment, if notice of judgment had to be mailed to the ex.

You've given too little information but, knowing the additional questions, the court could give you a definitive answer faster than continuing to post.
 

lizjimbo

Member
10 Days in Virginia to appeal

Small Claims in Virginia allows 10 days after the court judgement to appeal. Check in the General District Court about the status of your case. They will have the information about your case and any appeal that may have been entered. If no appeals and the 10 days has run its course, you will need to ask the court to perfect the judgement. This sometimes can involve a Sheriffs auction if he has anything to sell. Otherwise a garnishment will involve another court order. You will probably have to force him to sit for interrogatories which will disclose his assets. If the judgement is substantial, you can turn it over to a collections agency and let them follow up, of course if they collect their fee will come out of whatever they collect.
 

greenlady

Member
It's probable that your judgment specified that "execution" (enforcement) is "stayed" (suspended) during the stautory time permitted to file an appeal (assuming that you were the plaintiff, your ex was the defendant and there is a right of appeal).
Without checking VA SC statutes and knowing the original status of both you and the ex, the easiest/best ways are to (1) review your judgment and/or (2) check with the court. If there is a right to appeal (and your ex was properly served, an issue which could further change the answer), a reasonable "guesstimate" of any stay would be 30-35 days from entry of judgment, if notice of judgment had to be mailed to the ex.

You've given too little information but, knowing the additional questions, the court could give you a definitive answer faster than continuing to post.
Thank you dcatz. Sorry for the too little info. I was the plantiff, he the defendent. He was served properly and didnt show up for court. The award was $450 plus 6% interest and $48 court costs. The court date was Dec. 18.


And lizjimbo...
He has no property or assets. The only property he owned was a truck that was in both of our names and that was repoed in May of last year. He lives with his parents and owns no other property of value. That is why I went straight to the garnishment instead of the other routes of finding his assets. I will be lucky if he keeps his job long enough for me to get the garnishment, but that is all I can hope for.

Thank you for your help.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top