The problem with most judgments
A surprising number of judgments are never collected. The lawyer who won the case moves on, the judgment creditor does not know what tools exist, and the debtor learns that ignoring the judgment costs nothing. It does not have to go that way. Virginia gives creditors an effective toolkit, and a debtor who has assets or income can be made to pay. The work is in finding the assets and using the right tool for each.
The tools Virginia provides
Once a judgment is docketed, it becomes a lien on any real estate the debtor owns in that jurisdiction, and it can be docketed in every Virginia jurisdiction where the debtor may own property. Wage and bank garnishments reach earnings and deposits, subject to statutory exemptions. A writ of fieri facias allows the sheriff to levy on personal property and vehicles. Debtor interrogatories bring the debtor into court to answer under oath about assets, income, transfers, and accounts, and they are often where a case turns. For debtors who own interests in LLCs or partnerships, a charging order redirects distributions to the creditor. Judgments accrue post-judgment interest at the rate the contract sets or, if none, the statutory rate.
Virginia judgments remain enforceable for many years and the period can be extended, so a debtor who is uncollectible today may not be next year. We keep our clients’ judgments alive and revisit them as circumstances change.
Finding the assets
Enforcement is investigation. We use public records, interrogatories, subpoenas to banks and employers, and where warranted, fraudulent-transfer claims to reach assets that were moved to a spouse, a new entity, or a friend once the lawsuit began. Virginia law allows a creditor to set aside transfers made with intent to hinder, delay, or defraud creditors, and to reach assets that a debtor has hidden behind an alter-ego company.
A judgment is a piece of paper until it is collected. We measure ourselves by what our clients actually receive.
Commercial collections for businesses and practices
We represent contractors, suppliers, landlords, medical and professional practices, and service businesses in recovering unpaid commercial accounts, from demand letters through suit and enforcement. For businesses with recurring receivables, we can build a consistent process that turns aged accounts into recoveries without consuming the owner’s time. We handle both judgments we obtained and judgments won by other lawyers that were never enforced.
Domesticating out-of-state judgments
A judgment from another state can be registered in Virginia and enforced here against Virginia assets, and a Virginia judgment can be enforced in other states where a debtor holds property. We handle both directions and coordinate with counsel elsewhere when needed.
What This Looks Like in Practice.
Civil Litigation: Financial Fraud
Jeff prosecuted claims for fraud and conversion on behalf of an elderly Korean War veteran in a land sale contract with a former tenant. The purchaser forged our client’s signature on an insurance check, fraudulently converted the proceeds, and absconded overseas. Jeff’s aggressive prosecution resulted in a settlement including a full return of the converted funds to our client.
Construction Law: Mechanic’s Lien Enforcement
Jeff asserted a second-tier subcontractor’s mechanic’s lien rights on an apartment building project, resulting in a full $90,000 recovery on unpaid invoices within 30 days after filing — without the need for a costly trial.
Civil Litigation: Construction Defect
Jeff defended a Navy family against an unscrupulous mold remediation company that sued them for unpaid invoices after failing to complete the work in a good and workmanlike manner — concealing moisture-damaged flooring beneath new floors installed overtop. Rather than pay, the family hired Jeff to file a counterclaim. He won the case and obtained a judgment for the family’s repair costs, which they collected in full.
Matters are described in general terms to protect client confidentiality. Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits. See all victories →
Read more client reviews →“He is a professional with a desire to win for his client.”
He will not be bullied, he will not be forced into a corner, and most importantly, he will not be outworked. We went to court against a well-known, highly regarded law firm. If you have a business issue, please do yourself a favor — call Jeff Howell.
Questions We Hear Often.
I won a judgment in Virginia. What happens now?
Nothing happens automatically. The court does not collect for you. You must docket the judgment, identify the debtor’s assets and income, and use the enforcement tools that fit them: garnishment, judgment liens, levy, debtor interrogatories, or a charging order. We can evaluate the debtor and recommend a sequence at a first meeting.
How long is a judgment good for in Virginia?
Virginia judgments are enforceable for a period of years set by statute and can be extended by timely filing before the period expires. The applicable period depends on when the judgment was entered because the statute was amended in 2021. Whatever the period, the practical rule is the same: do not let a judgment lapse, and revisit collectability as the debtor’s circumstances change.
What can be garnished in Virginia?
Wages, subject to federal and Virginia limits that protect a portion of earnings, and funds in bank accounts, subject to exemptions the debtor may claim for certain benefits and a homestead exemption. Certain income, including Social Security and most retirement benefits, is protected. We evaluate what garnishment is likely to yield before incurring the cost.
The debtor transferred assets to a relative after I sued. Can I reach them?
Often, yes. Virginia’s fraudulent- and voluntary-conveyance statutes allow a creditor to set aside transfers made without adequate consideration or with intent to hinder, delay, or defraud creditors, and to reach the transferred property. Timing, consideration, and the relationship between the parties are the key facts.
Do you take collection matters on contingency?
Fee arrangements depend on the size and collectability of the debt and the work required. In appropriate matters we can discuss alternative fee structures. Contact us to review the judgment or account, and we will explain the options.