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Old 11-19-2014, 07:43 AM
 
4,196 posts, read 6,316,010 times
Reputation: 2835

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Hi,
i was awarded a substantial amount after taking my contractor to court. I'd like to now collect, and of course he's refusing to pay. i've read the law and procedures to collect in VA (below).

"if he does have assets, you can “execute” against him through further legal
proceedings. You may request the clerk or the judge to issue a writ of fieri facias to collect your judgment. This writ creates a “lien” (claim) on the defendant’s personal property. To satisfy your
claim out of this personal property, you may then ask the sheriff to “levy” on particular items of
which you notify the sheriff, or on all the property. You will be required to post a bond with the
sheriff to enable him to seize and sell the property and pay to you the proceeds of the sale.
The writ of fieri facias also creates a lien on property not subject to levy, i.e., wages or
other debts owed to the defendant. You can execute this lien by garnishment of wages or debts
subject to the limits of Virginia law.
Another alternative open to you if you have obtained judgment and are not paid is to
request that an abstract of judgment be provided to you for filing against this person in the
clerk’s office of the circuit court. This creates a lien against any real property the person owns in
that locality."


He is a contractor with a valid, uptodate license. The home he lives in is owned by his father in-law. he drives a new car and has a few trucks used for work. I don't know whether he owns them, or they're in someone elses' name.

Anyone have experience in this field that can help me with information?
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Old 11-19-2014, 10:06 AM
 
Location: Springfield
2,765 posts, read 8,346,865 times
Reputation: 1115
yea hire an attorney
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Old 11-19-2014, 10:20 AM
 
4,196 posts, read 6,316,010 times
Reputation: 2835
^ there's got to be a way i could do this on my own. No?
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Old 11-19-2014, 04:32 PM
 
Location: Ashburn, VA
989 posts, read 2,862,377 times
Reputation: 655
If he's licensed and bonded through the state I think you should be able to make a complaint with the licensing board to get assistance? Just a thought.
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Old 11-19-2014, 08:06 PM
 
2,737 posts, read 5,470,013 times
Reputation: 2305
Wish I could help you. Years ago we sued a contractor and won. He declared himself to be a minister who had taken a vow of poverty and gave away assets. So we were unable to collect, but at least we won the judgment and he probably was unable to take on more contracting customers.

I hope you have better luck.
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Old 11-21-2014, 08:23 PM
 
222 posts, read 239,844 times
Reputation: 207
Contact the VA professional license board. You can have his license revoked.
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