How Do I Seize Assets after I Win a Civil Lawsuit?

Many people assume that if they prevail in a civil court case and the Judge enters a judgment order against the Defendant, the successful Plaintiff will automatically get paid.  不幸的是，许多成功的原告, winning the lawsuit is just the first step in recovering the funds which they are owed.

When a Defendant loses a civil case and has a judgment entered against her/him, 她/他被称为“判决债务人”.”  The successful Plaintiff is called the “judgment creditor.”  Issues often arises when the judgment debtor does not have enough money to pay the judgment.  One option available to the judgment creditor is using the judicial process to seize and sell tangible assets owned by the judgment debtor. 

弗吉尼亚法典第8条.01-466 authorizes the judgment creditor to request the Clerk of the Court to issue a writ of 费李瑞筋膜.  大多数人把它简称为“fi-fa令状”.  The fi-fa writ is requested by filling out a simple form (Circuit Court form CC-1481) which is available on the Court’s website.    Within a few days the Clerk will complete the writ and deliver it to the Sheriff.  The writ commands the sheriff “to make the money . . .  out of the goods and chattels of the person against whom the judgment has been entered.

Once the sheriff’s office receives the writ from the Clerk, they will send a deputy to the judgment debtor’s address to make an inventory of the personal property located there which is eligible for sale.  以确定哪个属性符合条件, the deputy will ask the judgment debtor whether he/she owns the property.  如果判决债务人回答“是”,” the property will be included on an inventory of eligible items.  然而, if the judgment debtor answers that a piece of property is rented, 不是拥有, 该物品将从库存中排除.  The judgment debtor will then be required to identify the owner, and the sheriff will contact that person to verify the ownership. 

值得注意的, there are certain exemptions under Virginia Code §34-4, commonly referred to as the “Homestead Exemption.例如:, the judgment creditor may not leave the judgment debtor with less than $5,价值1000美元的不动产或个人财产, or if the judgment debtor is 65 years old or older, 不到10美元,000.  另外, if the judgment debtor’s principle residence is sold, $25,000美元的房屋净值是免税的.  These exempted amounts increase by $500 for each dependent that the judgment debtor supports.    此外, there are certain items of personal property that are always exempt from seizure and sale.  其中包括一本家庭圣经, 结婚戒指和订婚戒指, 传家宝不超过5美元,价值1000英镑; items of clothing not exceeding $1,价值1000英镑, pets, unpaid spousal or child support and various other items (Va. 代码§34-26).  其他一些项目也免税, such as pre-paid tuition plans and “ABLE” accounts intended for future disability expenses (Va. 法典第23条.1-707)，某些农业设备(Va. 法典第34-27条)和其他几条.  Items put on the sheriff’s inventory remain in the judgment debtor’s possession and she/he can use them up until the day of the sale.  The debtor is obligated however to make the item available on the date of sale.    If a judgment debtor believes that items were improperly included in the sheriff’s inventory for sale, she/he may request a hearing before the Court to make a determination. (Va. 代码§8.01-546.1).

这些物品将在公开拍卖会上出售, which usually occurs about 45 days after the Sheriff levies execution on the items.  Money from the sale is applied first to pay whatever amount the judgment debtor might owe a lender on that item, 然后支付出售的费用, and finally any leftover funds will be applied to the judgment amount.  If the judgment amount is not fully paid by the proceeds from the sale, the remaining amount is referred to as a “deficiency,” and the judgment creditor still has a claim on this amount. 

In addition to the seizure of tangible assets described above, there are a few other ways to recover money from a judgment debtor.  These can include garnishing the debtor’s bank accounts and garnishing a portion of the debtor’s wages.  As you can see, winning a Court case is only part of the battle and the process is rather complex.  如果你需要诉讼方面的帮助, 或者在判决中收集, it is wise to contact an attorney with experience in these matters.

布莱恩·皮尔普斯 是一个Pender & 现金网官网 attorney focusing his practice on waterfront property rights, 工人的补偿, 一般民事诉讼.