Virginia Motion to Release Property from Levy upon Filing Bond

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Multi-State
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US-03319BG
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Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

§ 63.2-1927. The claim of the Department for a support debt, not paid when due, shall be a lien when docketed against all property of the debtor in the county or city where docketed with priority of a secured creditor.

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).

Yes. Under Virginia laws, an unpaid debt, such as a medical bill, credit card debt, or a balance owed for an old car, can become attached to your home. If a creditor gets a judgment against you for money owed, the debt can become a judgment lien that is attached to your house.

A civil action in a general district court may be brought by warrant directed to the sheriff or to any other person authorized to serve process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding sixty days from the date of service ...

DCSE representatives may petition the court and DCSE attorneys may request the respondent be given jail time, but it is a judge's decision whether to order a jail sentence. A noncustodial parent who is found to be in civil contempt for failure to pay child support can be sentenced to up to 12 months incarceration.

There is no statute of limitations on collection of past due support in Virginia. Parents are obligated to pay child support until a child reaches the age of 19 or graduates from high school, whichever comes first. Support terminates when the child turns 18 if the child is not in high school.

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.

Writ of Fieri Facias (Fi Fa) This writ is designed to help a plaintiff obtain sufficient money out of the assets held by the defendant to pay a money judgment in favor of the plaintiff and against the defendant at the option of the plaintiff.

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Virginia Motion to Release Property from Levy upon Filing Bond