Virginia Judgment: Types, Records, Duration, and What to Expect

A judgmentis a court’s final ruling that resolves a dispute and establishes the rights and obligations of the parties involved. In Virginia, most times this may arise from civil lawsuits, debt collection, property disputes, family law, or criminal restitution cases. Once initiated, they become enforceable by law and may result in liens, wage garnishment, or negative credit reporting.

What Is a Judgment in Virginia?

According to Section 8.01-426 of the Code of Virginia, a judgment is a formal decision issued by a court that determines the legal rights and obligations between parties. One party may be ordered to pay a sum of money, transfer property, or stop certain actions. Once entered, judgments carry the authority of law and may be enforced through liens, garnishments, or levies.

In most cases, a creditor may obtain a money judgment for unpaid debts. In family law matters, a judgment may establish child or spousal support payments. Regardless of the type, judgments in Virginia play significant roles. They bring financial and legal consequences to debtors. Unless satisfied or expired under state law, a debtor is bound by the rules of a judgment.

Types of Judgments in Virginia

Virginia courts issue several types of judgments depending on the case type:

1. Money Judgments

Being the most common, money judgmentsrequire a debtor to pay a creditor a set amount of money. These are often as a result of unpaid loans, medical debt, or damages awarded in civil lawsuits.

2. Default Judgments

A default judgment takes place when a defendant fails to appear before a court or respond to a lawsuit. In this situation, the plaintiff wins, and the court authorizes the relief sought.

3. Property or Lien Judgments

In Virginia, creditors may record a judgment lien against a debtor’s property. Liens are recorded with the circuit court clerk and are attached to real estate. A lien suspends the transfer or refinancing rights of the owner until the debt is satisfied.

4. Family Court Judgments

Family-related cases often bring about judgments regarding child support, custody, or alimony. They are strictly enforced through wage withholding, contempt actions, or liens on property.

5. Criminal Restitution Judgments

Virginia courts may issue restitution judgments in certain cases, such asin criminal cases. This requires offenders to repay victims for financial damages. It remains enforceable by law until fully satisfied.

How to Search for Judgments in Virginia

In Virginia, judgments are public records and may be accessed via several options:

1. Clerk of Court Offices: In Virginia, each Circuit or General District Court Clerk maintains judgment records. Also, in-person searches are available, and certified copies may be obtained for a fee.
2. Virginia Judicial System Case Information: The online case search portal provides access to civil and criminal case records, including judgments. Individuals may find records using a name or case number.
3. County Land Records: Individuals may search if there is a lien on a property through the local Circuit Court Clerk’s Land Records Division.
4. Third-Party Services: While third-party services may also aggregate judgment information, the official databases maintained by the Virginia Judiciary are the most accurate. These external platforms, although they may provide access to judgment records for a more affordable price, requesters may want to verify if they are obtaining up-to-date information.

In Virginia, judgment records comprise the following information:

• Case number
• Names of the parties involved
• Court location
• Judgment date
• Amount owed or type of relief granted

Judgment Records in Major Virginia Counties

Virginia operates both a centralized online search system and county-level record access for finding judgment records:

• Fairfax County (Fairfax): This is the biggest county in Virginia by size and has the largest trial court in the state. Fairfax judgment records are available through the county’sCircuit Court online portal and in person at the clerk’s office.
• Richmond (City of Richmond): Judgment records are available through the statewide case search portal and locally at the Circuit Court Clerk’s Office.
• Virginia Beach (Virginia Beach City): Judgment records may be obtained through the Circuit Court Clerk and online via the statewide system.

In general, the Virginia Judicial System Case Information portal is a reliable statewide resource for accessing records. Furthermore, certified copies are available through local court clerks.

How Long Does a Judgment Last in Virginia?

In Virginia, a civil judgment is valid and enforceable for 10 years if it was entered on or after July 1, 2021. This is bound by law according to Section 8.01-251 of the Code of Virginia. Except for cases involving child support, judgments in the category are valid for 20 years. In Virginia, creditors may renew the judgment before it expires, extending enforceability for another 10 years. This renewal process is permitted for two times at maximum. On the other hand, judgments entered before July 1, 2021, are valid for 20 years.

During a judgment’s enforceability period, it gives creditors the right to pursue liens, garnishments, and levies. For debtors, unresolved judgments may have a negative long-term effect on finances and complicate real property transactions.

What Happens After a Judgment Is Entered in Virginia?

Once a judgment is entered, creditors gain enforcement rights, and they may use legal mechanisms to collect debts. In contrast, debtors may encounter long-term legal and financial consequences.

For Creditors:

• Wage Garnishment: Creditors may request a court order requiring employers to withhold a portion of the debtor’s wages to repay debts. When a creditor requests a garnishment order, a certain amount from a debtor’s wages is sent to the creditor’s account.
• Judgment Liens: A lien may be recorded against a debtor’s real property. This prevents the debtor from selling off their property or refinancing it until the judgment is satisfied.
• Bank Levies and Property Seizure: Creditors may seize funds or non-exempt assets from a debtor to cover the judgment with a proper authorization from the court.

For Debtors:

• Credit Reporting: When judgments appear on credit reports, this lowers scores and limits access to loans or housing.
• Satisfaction of Judgment: Once paid, creditors are required to file a Satisfaction of Judgment with the court. This document verifies that a debtor has fully settled their financial obligations.
• Appeals or Motions to Vacate: If a judgment was entered wrongfully, such as in a default case without proper notice, a debtor may appeal or request a motion to vacate the judgment.