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How many days do you have to motion or appeal a judgment…

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How many days do you...
How many days do you have to motion or appeal a judgment against you? For a lien or garnishnent on bank account.
Submitted: 4 months ago.Category: Bankruptcy Law
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3/15/2018
Bankruptcy Lawyer: legalg, Attorney replied 4 months ago
legalg
legalg, Attorney
Category: Bankruptcy Law
Satisfied Customers: 13,710
Experience: General Practitioner
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Bankruptcy Lawyer: legalg, Attorney replied 4 months ago

There is a 10 day window in which an appeal may be filed; that statute is here:

https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-129/

Some appellate forms are here:

http://www.courts.state.va.us/courts/cav/forms/home.html

This sets forth the process:

https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/appeal-civil-court-of-appeals-procedure.pdf

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Customer reply replied 4 months ago
Thank You,Can a judgment of lien be put on my bank account with out sending me a notification for court. Meaning can they send me to court but don't tell me and then try to take all my money out of my account?
Bankruptcy Lawyer: legalg, Attorney replied 4 months ago

The defendant would have notice of the judgment itself; the court may simultaneously issue a writ of fieri facias and the sheriff may sieze the property without further notice.

The writ creates an automatic lien; here is that statute:

https://law.lis.virginia.gov/vacode/title8.01/chapter18/section8.01-501/

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Customer reply replied 4 months ago
I read the link but don't understand it. Is it worth me getting a lower to help me fight a against them taking all the money out of my account? Or is this a situation were when I appeal I can just make the monthly payments?
Bankruptcy Lawyer: legalg, Attorney replied 4 months ago

Actually many judgment creditors will work out a payment plan so that may be explored.

There are certain exemptions available such as Social security income, unemployment income, etc;

that statute is here:

https://law.lis.virginia.gov/vacode/title8.01/chapter18/section8.01-512.4/

So if the account is not exempt and the underlying debt is valid and the judgment cannot be vacated generally one will not contest it.

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Customer reply replied 4 months ago
If this account was on my credit reports and then was taken off my credit report. Do I still owe the lawyer/ company?
Bankruptcy Lawyer: legalg, Attorney replied 4 months ago

If it has been removed from the credit report that means that 7 years has passed, or that the account has been made current, or that the creditor for some reason stopped reporting it.

A judgment remains valid for 10 years and can be renewed;

the creditor can still collect if the judgment is valid whether or not it appears on one's report.

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Bankruptcy Lawyer: legalg, Attorney replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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