Elkridge, MD asked in Civil Litigation and Collections for Virginia

Q: In VA does a creditor simply fill out a form to extend a judgement or must it go to court? Will the debtor be notified?

Will I be notified and given a chance to go to court for the renewal (extension) or just notified afterward (or not)?

Will the coronavirus and court closures affect the statute of limitations? I'm almost certain it expired at the end of April.

If so, details will be appreciated.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Alexandria, VA
  • Licensed in Virginia

A: If the judgment was recorded in a circuit court in Virginia, as the 20 year period for the first period of the judgment approaches, you must file with the same circuit court a Motion to Renew the Judgment. If the Motion is granted, it will extend the judgment for anther 10 years. The debtor's last known address must be made a art of the Motion and a copy of the Motion must be mailed to the debtor. This is due process. The debtor has a right to appear at the hearign for the Motion before the Judge. It is not a simply Motion to prepare. You may need an attorney's assistance to prepare it.

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