The assessment collection in Virginia can be reached under a number of routes provided under Virginia law, depending on the number of judgments and the specific assets that the judicial creditor intends to search.
Video Collection of judgments in Virginia
Persyaratan "tindakan publik"
Generally, a creditor who has obtained a monetary assessment (a court decision requiring others to pay money to the creditor) may enforce this decision through the forcible and forced sale of the debtor's property, through the forfeiture of the money held in the debtor's bank account, and through the deduction of the debtor's salary. However, in every instance, creditors are required to engage in "public acts", such as lien registration of property rights to the debtor's real estate to be confiscated, or using other public notices to place the lien on a private debtor. property. Thus, the necessary public action to repair the liens on the property of the debtor. This not only establishes the creditor's right to confiscate and sell the property, but also determines what the creditors are prioritizing against other creditors who may wish to seize the same property.
Maps Collection of judgments in Virginia
Confiscation of real property
To obtain a lien on real property in the state of Virginia, the creditor of judgment must "display" the lien in the city or county registry office where the property is physically located. Once lien is released, the creditor proposes "creditor's bills in equity" in that jurisdiction, which would require the chancellor to appoint "commissioners" to oversee the matter. The commissioner will determine which parties are interested in the property, and the interested parties have the highest priority. The Commissioner shall also determine the rental price or any other benefits that may arise from the property. Property can only be sold if the rental price and the profit from the property will not be sufficient to repay the outstanding decision within five years. After determining that rents and profits will not generate sufficient income, the commissioner will hold a public auction, in which the property will be sold. The proceeds will go to fulfill the verdict, with the remaining amount returned to the judgment debtor. Virginia differs from many other countries for not granting redemption rights, where debtors can regain property if they collect money to repay debt after the sale of foreclosures. Furthermore, the debtor can not force the creditor to claim a private property in front of the real property.
If the debtor sells the real property to a third party before the creditor bills in equity, the property may still be confiscated and sold, but this should be done within ten years from the date the lien was launched. Furthermore, no extension of the judgment law restrictions are available on property that sells the debtor.
Confiscation of private property
To carry out the valuation of money on private property, such as vehicles, furniture, clothing, jewelry, equipment, equipment, and the like, the lender must obtain the so-called "fieri facias mail order" (often abbreviated to "fa"). ") Every time a monetary assessment is issued by a Virginia court, the court clerks will automatically issue one or twenty-one days have elapsed since the entry of the judgment (this is the period of time that the losing party before the court has to obtain assistance from the court in the form of a review return or deduction of incoming judgment.) The fa orders the sheriff or other officers from the country to whom the creditor sends it to seek, seize, and publicly sell the property of the judgment debtor.Usually, fa will have a return date of ninety days, and the debtor's property must confiscated and sold within the ninety-day period The attempt to seize property based on a warrant after the date of return is invalid, and can be canceled by the debtor The creditor should then seek a new warrant, which will be granted as long as the underlying ruling remains in effect.
Intangible private property: domain name
Virginia is an important jurisdiction to enforce assessments related to Internet domain names because Verisign, the registry for.com and.net TLD, is headquartered in the state. Consequently, when the plaintiff wins the case involving the transfer of the domain name, and the defendant is unwilling to voluntarily transfer the domain name, the plaintiff may attempt to enforce the verdict in brake by obtaining an enforcement order directing Verisign to transfer the domain name. See, for example, Office Depot v. Zuccarini , 596 F.3d 696 (9th Cir. 2010) (note: this case was heard before Verisign moved his headquarters to Virginia, it was petitioned at the Ninth Circuit).
Intangible private property decoration
Judgment creditors may also seek to execute the judgment of money against intangible assets, such as bank accounts, accounts receivable, and other debts owed to debtors judgment by a third party. The creditor should ask the court clerk who issue the faa to follow-up this by issuing a "call in the withholding" addressed to the holder of money caused by the judgment debtor. This third party is known as garnishee. Processing services should be done both on the garrison and debtor judgments, and notices to the judgment debtor should immediately follow the notice on the garnishee. The notice will instruct the garnishee not to issue funds due to the debtor, and will set a date for the garnishee to appear in court and garnishment contest, if he chooses. If a garnishee appears in court and acknowledges responsibility (ie, acknowledges that it holds the debtor's money and has no reason to prevent the court from seizing it), if the garnishee does not appear in court at all, the court will issue an assessment of his writing. The sheriff will then go to the bank (or other holders of the debtor's judgment money) and raise money for the creditor's judgment.
Garnishee may also appear in court and contest his obligations to release debtor funds. In the process, garnishee can enhance any legal defense that will be entitled to raise it against the judgment debtor. That is, if the debtor seeks to raise his own money from the garnishee, and the garnishee refuses to give money to the debtor based on some legal theories (such as debtors left behind), the garnishee can raise the same theory as the reason for not spending money on creditors. The judgment creditor has no greater right to recover money from the garnishee than that of the judgment debtor.
Intangible private property that is not subject to garnishment
Ornaments are generally directed to debtor's bank accounts and accounts receivable. Many other intangible property forms can not be reached through this mechanism, or at all. Ineffective decoration with respect to stock certificates or other negotiable instruments; they must be physically confiscated through a procedure for confiscation of private property. If the debtor has a joint bank account, the creditor may only take part of the account donated by the debtor, and other account holders may provide evidence to specify the amounts they contribute; in which the bank account is held jointly by husband and wife, each pair is considered to have contributed 50%. Either the couple can present evidence to overcome this assumption, as well as the creditor's judgment.
Ornaments can not be used to take ownership of a copyright owned by a debtor, or an insurance policy. Nor can it be used to decorate choses in action. Wages can be decorated, but the amount that can be seized in this way is limited to less than 25% of the debtor's weekly earnings, or the number of debtor's weekly earnings exceeds thirty times the national minimum wage.
Domestication of foreign ratings
"Foreign" assessments (which means assessments obtained in other countries) can be tamed under the terms of the Uniform Competition Law Enforcement Act, which Virginia has adopted. The holder of a foreign ruling must register a decision with the court clerk in the jurisdiction where the creditor wants to collect the verdict, and must provide written notice to the judgment debtor. Once these two steps are met, judgments will be enforced in the same way as locally obtained decisions.
Assessment obtained in federal court located in Virginia is treated exactly as an assessment obtained in a Virginia state court; assessments obtained in federal courts located in other countries should be domesticated in the same manner as other foreign judgments.
Covert transfers and voluntary conveyance
The creditor has certain rights to set aside the fraudulent means of transportation and voluntary means of transportation by the debtor. Fake transport vehicles occur when the debtor diverts property that can be reached by the creditor to avoid levies. The debtor voluntarily delivers the property in which it sells less than fair market value after becoming bankrupt, or where the sale of the property itself causes the debtor to go bankrupt. A creditor capable of proving that fraudulent or voluntary evictions have occurred may be able to avoid or disrupt delivery, which will return the property to the property of the debtor, from which the creditor may collect it.
The ability of a creditor to cancel a false or voluntary delivery depends on the type of creditor and the specific transfer in question. If the creditor has been awarded at the time of delivery, then the creditor will be able to avoid it. However, creditors who reduce debt owe to the valuation only after the means of transport have taken place must prove that the conveyance is indeed false, for the purpose of deceiving the creditor. This is a very difficult standard to prove, but the state does give some legal assumptions about fraudulent intentions. In particular, transfers between spouses or close family members are alleged to be fraudulent unless proven otherwise, such as a refusal of a prize received by a recipient under a will. However, transport to a bona fide buyer for fair value can not be disrupted whereby the buyer is unaware of the fraudulent intentions of the conveyor.
Voluntary freight where the debtor chooses to pay one creditor and not the other can not be canceled, unless it involves himself. For example, where a company goes bankrupt, and one of its creditors is also a controlling shareholder, the creditor can not force the corporation to lend to him any preferential treatment.
When allegations of fraud are alleged, the creditor's judgment must make a "movement in equity" to attack the conveyance. General creditors, who have not reduced the debt owed to the valuation, shall file "bills in equity" to the court and shall file a notice of delay on property alleged to have been the subject of a fraudulent or voluntary diversion. The question of whether the conveyance is one that can be regretted will then be tried in court.
References
See also
- Law of Virginia
- Circuit Court of Virginia
- Virginia District Public Court
Source of the article : Wikipedia
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