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How Do I Collect on a Judgment: The Debt Collection Process in... Locate the debtor's assets (as many as possible) Attach the judgment to the assets by placing a lien on the assets (called a ?judgment lien?) Obtain the assets to satisfy the judgment (the process of liquidation or foreclosure).
A judgment is enforceable for a twenty-year period from the date it is rendered. VA Code Ann. § 8.01-251(A). A creditor may prevent expiration of his judgment lien by making a motion to extend within the twenty-year period.
In Virginia, there is a statute of limitations, also known as the length of time debt collectors have to recover the unpaid debt. In a written contract, debt collectors generally have a five-year period to try and collect or take legal action. However, a three-year period applies for oral contracts.
Within thirty days after judgment is entered, an appealing party must perfect the appeal by posting the required bond with the clerk of the court. The appeal will be tried in circuit court in a formal manner strictly following all of the rules of evidence and procedure. Often, lawyers represent the parties.
C. Upon a finding by the court that the holder of a mortgage or deed of trust that has been fully paid or discharged has unjustifiably and without good cause failed or refused to release such mortgage or deed of trust, the court may order that costs and reasonable attorney fees be paid to the petitioning party.
VA Code Ann. § 8.01-251(B). A judgment expires ten years from the date of entry.
A deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, ...
A settlement agent may not disburse any or all loan funds or other funds coming into its possession prior to the recordation of any instrument except (i) funds received that are overpayments to be returned to the provider of such funds, (ii) funds necessary to effect the recordation of instruments, or (iii) funds that ...
Judgment Liens: State Va. Code §8.01-458 and 8.01-251 Expire 20 years from date entered, and may be renewed for an additional 20 years *** If real estate has been conveyed to a BFP, the lien is unenforceable 10 years after date of transfer. Known as ?10 year out of title? rule.
A settlement agent or title insurance company may release a deed of trust or judgment lien in ance with the provisions of this subsection (i) if the obligation secured by the deed of trust or judgment lien has been satisfied by payment made by the settlement agent and (ii) whether or not the settlement agent or ...