Enforcement of Judgment Flashcards
(26 cards)
What is the purpose of interrogatories in the context of enforcement of judgment?
To ascertain the real and personal property of a judgment debtor
What legal document can a judgment creditor seek for the production of a judgment debtor’s books of account?
Subpoena duces tecum
What is a turnover order?
An order for the judgment debtor to turn over property in their possession or control
What is a writ of fieri facias?
A writ of execution issued to the sheriff to enforce a judgment
How long must a judgment creditor wait before a writ of fieri facias can be issued after a judgment?
21 days
What happens when the sheriff levies on a party’s tangible personal property?
It creates a lien on the personal property
What must the sheriff do if there are multiple writs on the same property?
Execute the writs in the order received
What can the sheriff do if the occupant refuses to allow entry to levy on personal property?
Break open the outer doors of a dwelling during the daytime
What is required of the sheriff after levying property?
Conduct an auction sale within a reasonable time
What percentage commission can the sheriff deduct from the sale proceeds?
10%
What creates a lien on a judgment debtor’s intangible personal property?
Delivery of the writ of fieri facias to the sheriff
How long is the lien on intangible personal property enforceable?
One year
What is the process to enforce a lien on intangible personal property?
Garnishment proceedings
What is required to create a judgment lien on real property?
Recording (docketing) the judgment in the judgment docket
How is the priority of judgment liens determined?
By the date the judgment was recorded
What is the effect of a lien granted by only one spouse in a tenancy by the entirety?
The lien is void with respect to the interest of the other spouse
In which court must an action to enforce a judgment lien on real property be brought?
Circuit court
What must the court determine regarding the sale of real property to enforce a judgment lien?
Type and terms of the sale
What happens if the rents and profits from real property can satisfy the judgment within five years?
The court must order that the rents and profits be paid to the judgment creditor
What is the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
It governs judgments rendered by federal courts or courts of other states
What must a judgment creditor file to enforce a foreign judgment in Virginia?
An authenticated copy of the judgment
What must the judgment creditor do at the time of filing the foreign judgment?
File an affidavit with the judgment debtor’s contact information
What must the Virginia court do if the judgment debtor shows that an appeal from the foreign judgment is pending?
Stay enforcement of the judgment
What is required to domesticate a foreign judgment in Virginia?
Obtain an exemplified copy and bring a common-law action
