Virginia judgment records are documents that indicate the final judgment of a court in a legal matter or proceeding. Although these records are the sole property of the Virginia courts, members of the public can legally access them and other Virginia court records through the court clerk's office or other methods provided by the state courts.
In Virginia, a judgment record of the civil case shows the litigants' names, case numbers, and court names. It also shows the name of the presiding officer, pleadings and affidavits sent to the court by the parties, and other documents.
What is a Judgement?
According to the legal terms glossary of the Office of the United States Attorneys, Judgment is defined as “the official decision of a court finally determining the respective rights and claims of the parties to a suit”. To a layman, judgment is the decision of the courts after proper examination of a legal case. Judgment can be in the form of a decree or written order issued by a court of law at the end of a case. Every judgment made by the courts is based on the facts submitted to the court, and they are always pronounced by the Judge who heads a proceeding. There are several types of judgments, they include:
- Consent Judgement: This is an agreed judgment authorized by a judge after two parties decide on a settlement
- Default Judgement: These are decisions made by a judge when one party fails to take action, fails to appear in court, or fails to file a defense after being called. This judgment most times does not require analysis or facts establishment
- Interlocutory Judgement: These are temporary judgments pronounced because the case requires urgent action. Interlocutory judgments are not final and can always be revisited
- Vacated Judgement: These are the judgment of a court ordering the current judgment of a case to be set aside and a new trial of that case should begin. These are done when the current judgment is not under the law
- Declaratory Judgement: This is the most common type of judgment. In this judgment, the liabilities and rights of all parties are determined by the court. Although this judgment is not binding, it is expected that all parties will respect and follow the court's decision.
Virginia Judgment Laws
Virginia judgment laws are court rulings that determine the rights of the parties in a judicial action. A Virginia judgment law operates to settle finally and authoritatively matters in dispute before a court. Judgments may be classified as in personam, in rem, or quasi in rem. In personam, or personal, judgment, the type most commonly rendered by courts, imposes a personal liability or obligation upon a person or group to some other person or group.
An in rem resolves the interests of all parties in a specific object or property in the court's possession or otherwise subject to its jurisdiction. The quasi in rem type of judgment refers to a decision that affects just one party's rights in an item or property within the court's authority or jurisdiction.
The serving of a writ or warrant, or any other kind of notice, is used to gain jurisdiction over a person. Property jurisdiction, which is required for any legal decision that deals with the property, can be gained by the court seizing or attaching the property.
What is a Virginia Judgment Lien?
A Virginia judgment lien is a court order that allows a judgment creditor to take possession of a judgment debtor's property if the debtor fails to meet his or her contractual commitments.
This sort of judgment lien is deemed non-consensual since it is attached to property without the owner's knowledge or permission. These liens can be connected to real or personal property or future purchases if the debtor does not have any at the time of judgment. No court can enforce a judgement for the winning party in situations when the court awards monetary damages to a person. As a result, it is incumbent to that party to ensure that the debtor pays the judgment, and a judgment lien is one means to secure this payment. If the debtor fails to pay within the stipulated time, the creditor might sell the debtor's property or assets (often real estate) to recoup the due amount.
What is a Virginia Summary Judgement?
A Virginia summary judgment is a decision made by a court promptly for one party and against another, i.e. without a full trial. Summary judgments might be given on the grounds of an entire investigation or on certain issues within that case. The presiding court in the commonwealth of Virginia must determine that there is "no real dispute as to any significant fact and the movant is eligible to judgement and the rule of law."
It is not feasible to request another hearing in a trial court once this judgment has been issued. The judgment, however, can be challenged by a higher court.
What is A Summary Judgment Motion in Virginia?
In Virginia when a party to a case requests the court for a summary judgment (finding a favoured ruling without holding a trial), it is referred to as a "motion for summary judgment." Any party (except in divorce or annulment of marriage) in a case can file this motion according to the Rules of Supreme Court of Virginia, Part Three, Practice and Procedure in Civil Actions, Rule 3:20. If it appears from the pleadings, any pre-trial conference orders, and any admissions made in the proceedings that the moving party is entitled to judgment, the court shall grant the request.
The court's verdict following the filing of a summary judgment motion cannot be challenged in a higher court because it is not a final judgment but an order. The final judgment that will be given as a result of such an order, however, is subject to appeal. Hearings on a litigant's petition for summary judgment are heard no later than 30 days before the initial trial date unless the court orders otherwise. Following the hearing, the court will either grant or refuse the request. The court will then only approve the moving party's motion if it can be demonstrated that the opposing party has no case against them, either because no defence exists or the cause of action cannot be established. As a result, going to trial is unnecessary.
Virginia Judgment Record Search
Unsealed and confidential judgement records are available to the public under the Rules of the Supreme Court of Virginia. There are several ways to search for Virginia judgement records.
Individuals can go to the local state court and use public access to computers or their devices to access the judgement records. Alternatively, the public can search for judgement records
from the Supreme Court or Courts of Appeal database online.
In some cases where judgement records are barred from the public, the case party may have access to the record remotely. Other parties who need access to the judgement record may have to visit the courthouse; access may not always be guaranteed.
How Do I Look Up a Judgment In Virginia?
Individuals who are interested in the judgement records of Virginia may:
- Visit the courthouse during working hours to access the public computers in the lobby
- Request to copy or view a judgement at the office of the District Court Clerk, Circuit Court Clerk, Supreme Court Clerk, or Clerk of the Court of Appeal
- Requests for judgement records from the Virginia Court using this Form
- This directory will be useful to get locations, phone numbers, emails, and websites of any court in Virginia.
What Happens if You Have a Judgment Against You in Virginia?
A judgment issued by a Virginia court is enforceable by all parties engaged in the case. The judgment debtor will be obligated to pay damages or abide by any equitable orders made by the hearing court to the winning party.
A debtor's liability does not disappear just because he or she refuses to pay the judgment. It may rather prompt the creditor to pursue legal action against such a person to execute the judgment. Seizing the debtor's assets, placing liens on the debtor's real estate, triggering the suspension of the debtor's professional license(s), and so on are examples of such measures.
How Do I Find Out If I Have Any Judgments Against Me In Virginia?
In Virginia, anyone may check to see whether they have a judgment against them. An individual might check their mail to determine if the court has given them any notices of entry of judgment. Alternatively, they may need to call the clerk of the court's office or examine the court's record.
How Long Does A Judgment Stay On Your Record?
Judgement records in Virginia are permanently entered in the court’s record. Because the cases or judgements can be revisited any other time, these rulings are permanently entered in the court record.
A judgment may, however, show on a person's credit record for 7 years from the date of entry or until the applicable statute of limitations ends. After a judgment is paid, whether in full or part because the creditor agreed to a reduced figure, it can be erased from a credit report by obtaining a judgment satisfaction.
How to Enforce a Judgment in Virginia
A judgment allows one party in a dispute to get money or property from the other. No court in Virginia has the authority to take this compensation for the judgement creditor. The creditor is entirely responsible for enforcing the judgment. The judgment debtor may pay the amount owing right away in some cases; while in other cases, the creditor may be required to take some legal actions to ensure that the judgment is satisfied. Some methods to enforce a judgement in Virginia include
- Placing a lien on litigation that a judgment debtor is involved in with another individual
- Putting a lien on the debtor's real estate (house or land) or personal property (car)
- Taking possession of the debtor's bank account and placing a levy on it
- Garnishment of wages
- Negotiating with the judgement debtor to pay a reduced amount or pay in instalment
- Taking possession of and selling the debtor's assets
- Suspension of the debtor's professional or driver's license
- Reaching out to the judgment debtor with warning and reminders
- Publicise the victory and result from the hearings
How to Collect a Judgment in Virginia
In Virginia, collecting a judgment means enforcing the court rulings. It is used to describe the liabilities of the losing side in a lawsuit. A creditor must collect a judgement using only legal means. Harassing the debtor, calling the debtor in unscrupulous times, or making false assertions are all unlawful collection techniques that should not be employed. Anyone who violates this rule may face both criminal and civil charges.
A judgment creditor can begin collecting a judgment right away if there is no injunction preventing it from being enforced because of an appeal, bankruptcy action, or other legal matter. Small claims judgements, on the other hand, are subject to specific restrictions. In such situations, a creditor must wait 30 days following the entry of judgment before beginning to collect the judgment.
Most times, local courts decide on the collection procedures on their websites, but the general judgement collection guide of Virginia published by the courts have all the information needed.
What Happens if a Defendant Does Not Pay a Judgment in Virginia?
Following the entry of a verdict, a defendant's inactivity might have negative implications in their career. As a result, every defendant is urged to pay their judgment immediately after they receive the court notice. If they have legal reasons to challenge it, they are advised to submit a notice of appeal or petition to vacate the decision within 30 days after the entry of judgment, as the case may apply. If these are not done, the individual may face the suspension of professional licenses, income garnishments, asset seizures, and other consequences.
For every day that passes without the judgment being paid, the charges will accumulate interest; thus, making the amount due to the creditor increasing. The worst part of it is that the accumulation of this unpaid judgment can spoil a person’s credit score. As a result, if that individual wishes to get a loan it may become more difficult until the judgment is paid in full or as agreed upon by the parties involved.
What Personal Property Can Be Seized in a Judgment in Virginia?
To collect a judgment in Virginia, judgment creditors have the authority to seize a debtor's property, including their assets, and real or personal property. Certain personal property, however, is excluded from seizure to pay a judgment under the US Code. Thus, a judgment creditor is not permitted to collect or seize those things from a judgment debtor. Forms DC-407 includes a list of how a debtor can claim an exemption under federal and Virginia law.
Virginia Judgment Interest Rate
In Virginia, the interest rate on judgments is 6% per year (Judgment rate of interest, section 6.2-302.). Unpaid judgments will accrue interest at this rate each year until it is being paid in full.
Assume a judgment creditor renews a judgment the accumulated interest is added to the due amount, and interest is then charged on the recalculated amount (the previous unpaid amount + former interest).
What is a Default Judgment?
A default judgment is issued in a judicial procedure when a defendant fails to respond to a notice and charge or fails to appear before a court. This judgment is an automatic win for the plaintiff since the court will almost certainly award the requested sum. But, if a defendant has a valid reason for failing, they may be entitled to dismiss or set aside the decision and reopen the case later.
How to File a Motion to Set Aside Default Judgment in Virginia
In Virginia, it is possible to set aside or cancel a default judgment. When a judgment is set aside, the court will either grant the defendant a new trial or give a new date for the trial. In Virginia, the process of setting aside a default judgment is called "vacating a judgment."
How to File a Motion to Vacate Judgment in Virginia
A Virginia court can set aside or vacate a judgment at the request of a case party. This is done by submitting a motion under the Civil Remedies and Procedure, Chapter 17 (1), 8.01-428, alleging error, surprise, inadvertence, or excusable negligence.
The following are some examples of legal reasons that might be used to file for a motion to vacate a judgment:
- The plaintiff deceived the court into assuming the defendant had been served
- Due to a debilitating illness, the defendant was unable to attend court
- Abandonment on the part of the defendant's attorney
The defendant has 180 days (6 months) to submit a request to vacate with the court in this case only when the moving party can show clear and compelling evidence and the motion is submitted within the statutory time limit can a court set aside or vacate a judgment. As a result, hiring a lawyer to assist with the procedure may be a good idea. Some self-represented defendants who want to submit a request to vacate or set aside their judgements might find guidance in the courts' publications.
How to Remove an Abstract of Judgment in Virginia
An "abstract of judgment" is a legal document that a judgment creditor submits to establish a lien on a debtor's real property (land, building, etc.) or to collect a debt in a pending case. This form is known as CC-1464 in Virginia and may be acquired online from any court's website or through a local clerk of court's office. The completed form must be filed with the clerk of the court that rendered the money judgment. After the creditor pays the applicable fee, the clerk will certify and issue the form.
To remove a lien imposed by an abstract of judgment, the creditor has to pay up what is owed. Only the creditor has the authority to remove the lien by submitting a Notice of Satisfaction form (Form DC-458). This is only possible if the debtor pays the judgment. To discharge the judgment lien, Form DC-458 must be recorded in each courthouse where the judgment was filed. When a lien is placed on real property, the abstract of judgment is filed with the county or state's courthouse in each county where the debtor owns or intends to own real estate. To collect a judgment, it can be utilized to seize and sell the debtor's property.
How Long Is a Judgment Good For In Virginia?
In Virginia, a judgment is valid for 20 years. After that, it is null and void, and the losing party is not accountable for any further debt. The judgment creditor, however, has the option of extending the judgment for another 20 years.
Virginia Judgment Statute of Limitations Law
Virginia's statute of limitations rules regulates judgments under the Civil Remedies and Procedures, Chapter 4(4), 8.01-251.
All judgments made in Virginia are subject to a 20-year statute of limitations under these statutes. The judgements have a 20-year time limit before they expire and become inactive. Judgment creditors, on the other hand, have the option of extending judgements for another 20 years before the first time limit ends.
