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Description
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This book is a complete guide to pursuing the collection process in an effective, efficient, and
ethical manner.
The fourth edition of this book
was published in 2010 and includes 180 forms on disc. It
is available in both print and CD-ROM formats, and the entire book is also available for immediate download. Please see the
information on electronic books
before selecting the CD-ROM or download option.
Robert A. Pustilnik
Steven L. Higgs
James L. Windsor
Copyright
© 2010 Virginia Law Foundation. All rights reserved.
(This book was originally written while Robert Pustilnik was engaged in the private practice of law. It does not
reflect his view from the bench. Nothing in the book should be viewed as a judicial endorsement of the
views expressed therein.)
TABLE OF CONTENTS
About the Authors
Acknowledgments
Preface
Forms on Disc: Instructions and Table
Summaries of Changes
Volume I
CHAPTER 1: OVERVIEW OF A COLLECTION PRACTICE AND THE
COLLECTION PRACTICE SYSTEM
1.1 INTRODUCTION
1.101 Purpose of a Collection Practice System
1.102 Attorney Time
1.103 Expenses
1.104 Non-Attorney Staff
1.105 Debtor Index and File Numbers
1.106 Tickler System
1.2 DEALING WITH CLIENTS
1.201 Initial Meeting or Telephone Interview
1.202 Attorney-Client Communication
1.203 Settlements
1.204 Obtaining Information from the Client
1.205 Making Payment Arrangements with the Debtor
1.3 DEALING WITH DEBTORS
1.301 Staff's Ability to Handle Contacts with Debtors
1.302 Conduct Toward the Debtor
1.4 EXPANSION OF A PRACTICE
1.401 Use of Non-Attorney Staff
1.402 Economy of Time
1.5 DEFENSIVE LAW PRACTICE
1.501 Documentation
1.502 Dealing with the Courts
1.503 Ethical Considerations
1.6 DEVELOPING A COLLECTION SYSTEM
1.601 Beginning a Collection Practice
1.602 Use of Non-Attorney Staff
1.603 Summary of a Collection System
1.604 Filing System
1.605 Index System
1.606 Claim Acknowledgment
1.607 Sending Demand
1.608 Tickler System
1.609 Time and Cost
1.7 LITIGATION AND EXECUTION SYSTEM
1.701 Attorney Time
1.702 Preparation by Non-Attorney Staff
1.703 Applications for Warrants
1.704 Motions for Judgment
1.705 Bills of Particulars
1.706 Recording Judgments
1.707 Executions
1.8 INFORMATION-GATHERING SYSTEM
1.9 BOOKKEEPING AND REMITTING SYSTEM
1.901 Maintaining an Escrow Account
1.902 Clients for Whom Monthly Statements Are Kept
1.903 Clients for Whom Monthly Statements Are Not Kept
1.904 Rules for Escrow Accounts
CHAPTER 2: RECEIPT OF A CLAIM
2.1 PRELIMINARY CONSIDERATIONS
2.101 Conflicts of Interest
2.102 Statutes of Limitations
2.103 Location or Venue
2.104 Kind and Quality of Claim
2.105 Amount of Claim
2.106 Commercial Versus Retail Claim
2.107 Nature of Claim
2.108 Amount to Claim for Client
2.109 Unreasonable Clients
2.110 Fee Arrangements
2.2 OPENING A FILE
2.201 In General
2.202 File Covers
2.3 ACKNOWLEDGMENT OF CLAIMS
2.301 In General
2.302 Types of Acknowledgments
2.303 Unusual Situations
2.304 Rejected Claims
2.305 Fair Debt Collection Practices Act Review
2.4 SENDING A DEMAND LETTER
2.401 In General
2.402 Commercial Demand and Follow-Up
2.403 Retail Demand and Follow-Up
2.404 Returned Demand Letters
2.405 Special Notices
2.5 DEBTOR'S RESPONSE
2.501 In General
2.502 Debtor's Direct Response
2.503 Obtaining Note or Waiver of Statute of Limitations
2.504 Debtor's Complaints or Defenses
2.6 OBTAINING AUTHORIZATION TO SUE
2.601 In General
2.602 Retail Matters
2.603 Commercial Matters
2.604 Content of Reports to Client
APPENDIX 2-1: WAIVER OF STATUTE OF LIMITATIONS
APPENDIX 2-2: COMMERCIAL DEMAND LETTER
APPENDIX 2-3: RETAIL DEMAND LETTER
APPENDIX 2-4: ACKNOWLEDGMENT OF RETAIL CLAIM WITH RATE CHANGE
APPENDIX 2-5: ACKNOWLEDGMENT OF COMMERCIAL CLAIM WITH RATE
CHANGE
APPENDIX 2-6: UNAUTHORIZED PRACTICE RULE 3--COLLECTION AGENCIES
APPENDIX 2-7: RETAIL CLAIM JACKET
APPENDIX 2-8: RETAIL CLAIM JACKET
APPENDIX 2-9: COMMERCIAL CLAIM JACKET
APPENDIX 2-10: ACKNOWLEDGMENT LETTER AND REPORT
APPENDIX 2-11: ACKNOWLEDGMENT OF FORWARDED RETAIL CLAIM WITH
RATE CHANGE
APPENDIX 2-12: CLAIM ACKNOWLEDGMENT LETTER REQUESTING
INFORMATION ABOUT CLAIM
APPENDIX 2-13: RETURN OF CLAIM LETTER
APPENDIX 2-14: LETTER CLOSING FILE BECAUSE OF INSUFFICIENT
DOCUMENTATION
APPENDIX 2-15: EXAMPLE OF INFORMATION TO BE NOTED IN THE FILE
APPENDIX 2-16: INITIAL REPORT TO FORWARDER ON RETAIL CLAIM
APPENDIX 2-17: INITIAL REPORT TO FORWARDER ON COMMERCIAL CLAIM
APPENDIX 2-18: INITIAL REPORT TO FORWARDER ON COMMERCIAL CLAIM
APPENDIX 2-19: INITIAL REPORT TO FORWARDER ON CONTESTED COMMERCIAL
CLAIM
APPENDIX 2-20: INFORMATION REQUEST TO STATE CORPORATION
COMMISSION
APPENDIX 2-21: INFORMATION REQUEST TO BUSINESS LICENSE BUREAU
APPENDIX 2-22: INITIAL REPORT TO FORWARDER ON COMMERCIAL CLAIM
CITING STATUTE OF LIMITATIONS
APPENDIX 2-23: LETTER CLOSING FILE AND RETURNING CLAIMS BECAUSE OF
CLIENT'S LACK OF RESPONSE
CHAPTER 3: FINANCIAL RECORDKEEPING, CLIENT ACCOUNTING, ESCROW
ACCOUNTS, AND FEES
3.1 LOCATION OF RECORDS
3.2 ADVANCEMENT OF COSTS
3.3 ESCROW RECORDS
3.4 MONTHLY STATEMENTS
3.5 TIMING OF REMITTANCES AND MONTHLY STATEMENTS
3.6 ATTORNEY FEES
3.7 SUIT FEES
APPENDIX 3-1: FILE COVER WITH FINANCIAL ENTRY
APPENDIX 3-2: REMITTANCE CHECK
APPENDIX 3-3: RETAIL CLIENT FINANCIAL SHEET
CHAPTER 4: FAIR DEBT COLLECTION PRACTICES ACT
4.1 IN GENERAL
4.2 RESEARCH MATERIALS AND PROFESSIONAL ASSOCIATIONS
4.3 NATURE OF THE FAIR DEBT COLLECTION PRACTICES ACT
4.301 Congressional Purpose
4.302 Applicability to Attorneys
4.303 Exception for Formal Pleadings
4.304 Initial Communication
4.305 Applicability Limited to "Consumer" Debt
4.306 Applicability to Particular Types of Debts
4.307 Applicability Limited to "Debt Collectors"
4.308 Applicability to Subsequent Debt Collectors
4.309 Applicability to Litigation
4.310 Applicability to Attorneys
4.4 VIOLATIONS OF THE FDCPA
4.401 Communications
4.402 Harassment or Abuse
4.403 False or Misleading Representations
4.404 Unfair Practices
4.405 Application of Payments
4.406 Venue
4.5 REMEDIES
4.501 Civil Liability
4.502 Administrative Enforcement
4.503 Equitable Relief
4.504 Setoff
4.505 Jurisdiction
4.506 Standing
4.507 Right to Jury Trial
4.508 Statute of Limitations
4.6 DEFENSES
4.601 "Bona Fide Error"
4.602 "Good Faith Reliance"
4.7 BANKRUPTCY CASES
4.701 Applicability of the FDCPA in Bankruptcy Cases
4.702 Property of the Estate
4.703 Standing of the Trustee or Debtor in Possession
4.704 Jurisdiction
4.705 Statute of Limitations
4.706 Abandonment
4.707 Effect of Closing the Case
4.708 Post-Discharge Collection Efforts
APPENDIX 4-1: CROSS-REFERENCE TABLE
APPENDIX 4-2: FDCPA NOTICE
APPENDIX 4-3: COVER LETTER
APPENDIX 4-4: "SAFE HARBOR" LETTER
CHAPTER 5: GATHERING INFORMATION
5.1 INTRODUCTION
5.2 CLIENT'S RECORDS
5.3 OFFICE LOCATION
5.4 CONTACT WITH DEBTOR BEFORE SUIT IS FILED
5.401 Written Correspondence
5.402 Telephone Contact
5.5 CONTACT WITH DEBTOR AFTER SUIT IS FILED
5.6 INFORMATION FROM BANKS
5.601 Debtor's Check
5.602 Direct Inquiries
5.603 Locating a Business' Bank
5.7 INFORMATION FROM THE DEPARTMENT OF MOTOR VEHICLES
5.701 In Virginia
5.702 In Other States
5.8 PUBLIC RECORDS
5.9 INFORMATION FROM MORTGAGE COMPANIES, LIENHOLDERS, AND OTHER
CREDITORS
5.10 INFORMATION FROM CREDIT APPLICATIONS
5.11 INFORMATION FROM THE POST OFFICE
5.12 INFORMATION FROM EMPLOYER OR FORMER EMPLOYER
5.13 INVESTIGATORS
5.14 TELEPHONE DIRECTORIES, SOFTWARE, AND THE INTERNET
5.15 INFORMATION FROM MILITARY AUTHORITIES
5.16 INFORMATION FROM OTHER PEOPLE
5.1601 Neighbors
5.1602 Former or Estranged Spouse and Cosigners
5.1603 Former Co-Workers
5.1604 Sheriffs and Court Clerks
5.17 POST-JUDGMENT INTERROGATORIES
5.1701 Statutory Authority
5.1702 Statutory Procedure
5.1703 Dealing With Debtors Who Do Not Appear
5.1704 The Hearing
5.1705 Payments or Arrangements Before Hearing
5.1706 No-Service Returns
APPENDIX 5-1: LETTER TO BANK REQUESTING PAYOFF OF LIEN ON
VEHICLE
APPENDIX 5-2: DMV REQUEST FOR VEHICLE INFORMATION FORM
APPENDIX 5-3: LETTER TO DEBTOR AT NEW LOCATION IN ANOTHER STATE
APPENDIX 5-4: LETTER TO COMMISSIONER OF REVENUE
APPENDIX 5-5: LETTER TO POSTMASTER
APPENDIX 5-6: LETTER TO POSTMASTER UNDER THE FREEDOM OF
INFORMATION ACT
APPENDIX 5-7: LETTER TO SHERIFF REQUESTING SECOND SERVICE OF
PROCESS
APPENDIX 5-8: LETTER TO REPORTED EMPLOYER OF DEBTOR
APPENDIX 5-9: LETTER TO DEBTOR CONCERNING GARNISHMENT
APPENDIX 5-10: LETTER TO NONRESIDENT DEBTOR CONCERNING SUIT TO
ENFORCE JUDGMENT
APPENDIX 5-11: SUMMONS TO ANSWER INTERROGATORIES (FORM DC-440)
APPENDIX 5-12: LETTER TO DEBTOR CONCERNING FAILURE TO APPEAR
BEFORE THE COMMISSIONER
APPENDIX 5-13: CAPIAS
APPENDIX 5-14: LETTER TO SHERIFF REQUESTING THE ARREST OF
DEFENDANT
APPENDIX 5-15: LETTER TO COMMISSIONER REQUESTING CANCELLATION OF
HEARING
APPENDIX 5-16: LETTER TO COMMISSIONER REQUESTING CONTINUANCE
CHAPTER 6: IMPROVING THE CLIENT'S POSITION
6.1 INTRODUCTION
6.2 BEFORE THE CLAIM GOES TO THE ATTORNEY
6.3 DURING CONTACT WITH THE DEBTOR IN DISPUTED MATTERS
6.4 PAYMENTS BY DEBTOR TENDERED AS "PAYMENT IN FULL"
6.5 NOTE EVIDENCING AN OPEN ACCOUNT OR PAYMENT ON AN OPEN
ACCOUNT
6.6 AFTER SUIT HAS BEEN FILED
6.7 OBTAINING JUDGMENT WHEN DEBTOR HAS ABSCONDED
6.8 TOLLING THE STATUTE OF LIMITATIONS
6.801 Tolling by Filing Suit
6.802 Other Tolling Provisions
6.803 Dismissal With Prejudice; Dismissal Without Prejudice;
Nonsuit
6.9 SANCTIONS
6.10 ASSIGNMENT OF PROCEEDS OF PERSONAL INJURY OR WRONGFUL DEATH
CASES
6.11 OBTAINING A COSIGNER
6.12 ASSIGNMENT OF WAGES
6.13 MILITARY PERSONNEL AND FEDERAL EMPLOYEES
6.14 OBTAINING SECURITY FOR AN UNSECURED LOAN
6.15 BAD CHECKS
6.16 LIABILITY OF INDIVIDUAL FOR ENTITY'S DEBTS
6.17 LIABILITY OF ENTITY FOR INDIVIDUAL'S DEBTS
6.18 SUSPENSION OF DRIVER'S LICENSE
6.19 RECOVERY OF CHILD SUPPORT OR SPOUSAL SUPPORT
6.20 RECOVERY OF CIVIL PENALTIES BY MEDICAL PROFESSIONALS
6.21 CIVIL PENALTIES FOR SHOPLIFTING AND EMPLOYEE THEFT
6.22 CIVIL PENALTIES FOR MAKING FALSE CLAIMS TO DEFRAUD THE
COMMONWEALTH
6.23 CIVIL PENALTY FOR FAILURE TO PAY FOR GASOLINE
6.24 CIVIL PENALTY FOR TAMPERING WITH UTILITY METER OR DIVERTING
SERVICE
6.25 EMPLOYER LIENS ON THIRD-PARTY ACTIONS IN WORKERS'
COMPENSATION AND UNINSURED MOTORIST CASES
6.26 RESTITUTION ORDERS
6.27 CURE OFFERS
6.28 DISSOLUTION OF LIMITED LIABILITY COMPANY OR LIMITED
PARTNERSHIP
6.29 USING THE IRS (INDIRECTLY)
6.30 CONCLUSION
APPENDIX 6-1: BILL OF PARTICULARS INCORPORATING DEBTOR'S
ADMISSION
APPENDIX 6-2: LETTER TO DEBTOR CONFIRMING PAYOUT PLAN
APPENDIX 6-3: PROMISSORY NOTE
APPENDIX 6-4: LETTER ACKNOWLEDGING RECEIPT OF PARTIAL PAYMENT
APPENDIX 6-5: SAMPLE BILL OF PARTICULARS
APPENDIX 6-6: CONFESSION OF JUDGMENT NOTE
APPENDIX 6-7: AFFIDAVIT FOR SERVICE OF PROCESS ON THE SECRETARY OF
THE COMMONWEALTH (FORM DC-410)
APPENDIX 6-8: ASSIGNMENT OF PROCEEDS OF LITIGATION
APPENDIX 6-9: GUARANTY AGREEMENT
APPENDIX 6-10: GUARANTY AGREEMENT--ALTERNATIVE FORM
APPENDIX 6-11: WAGE ASSIGNMENT
APPENDIX 6-12: LETTER TO COMMANDING OFFICER OF DEBTOR
APPENDIX 6-13: LETTER TO PERSONNEL SUPERVISOR OF FEDERAL
EMPLOYEE
APPENDIX 6-14: FOLLOW-UP LETTER TO PERSONNEL SUPERVISOR OF FEDERAL
EMPLOYEE
APPENDIX 6-15: COURT-IMPOSED PAYMENT AGREEMENT
APPENDIX 6-16: DEBTOR'S PETITION FOR REINSTATEMENT OF LICENSE
APPENDIX 6-17: ORDER REINSTATING LICENSE
CHAPTER 7: SUIT
7.1 INTRODUCTION
7.2 CHOICE BETWEEN STATE COURT AND FEDERAL COURT
7.201 In General
7.202 Location of Court
7.203 Prevention of Delay by Defendant
7.204 Removal by Defendant to Federal Court
7.3 CHOICE BETWEEN CIRCUIT COURT AND GENERAL DISTRICT COURT
7.301 In General
7.302 General District Court
7.303 Circuit Court
7.4 SUIT FOR MONEY JUDGMENT IN GENERAL DISTRICT COURT
7.401 Forms
7.402 Procedure
7.403 Court Costs
7.5 VENUE IN GENERAL DISTRICT COURT
7.501 Venue
7.502 Preferred Venue
7.503 Permissible Venue
7.504 Forum Non Conveniens
7.505 Commercial Transactions
7.506 Practical Considerations
7.507 Agreement as to Venue
7.508 Multi-Party Actions
7.6 WARRANT IN DEBT IN GENERAL DISTRICT COURT
7.601 In General
7.602 Plaintiff
7.603 Limitations on Pro Se Actions
7.604 Naming the Defendant
7.605 Defendant's Address
7.606 Amount Due
7.607 Interest
7.608 Basis of Claim
7.609 Return Date
7.7 MOTION FOR JUDGMENT IN GENERAL DISTRICT COURT
7.701 Requirements
7.702 Advantages
7.8 CIVIL WARRANT OR MOTION FOR JUDGMENT UNDER SECTION 8.01-28
7.9 COURTROOM PRACTICE IN GENERAL DISTRICT COURT
7.901 In General
7.902 Obtaining Judgment in Uncontested Cases
7.903 Service of Process
7.904 Continuances
7.905 Dismissal of Paid Claims
7.906 Contested Cases
7.907 Judgments
7.908 Post-Judgment Remedies
7.909 Special Process Server
7.910 Duration of and Renewal of General District Court
Judgments
7.911 Retention of General District Court Records
7.10 ACTIONS IN CIRCUIT COURT
7.1001 Jurisdiction
7.1002 Confession of Judgment
7.11 REMOVAL TO CIRCUIT COURT
7.12 APPEALS TO CIRCUIT COURT
7.1201 In General
7.1202 Bond
7.1203 Trial de Novo
7.1204 Practice Tips
7.1205 Final Order
7.1206 Withdrawal of Appeals
7.13 SUIT BY VERIFIED ACCOUNTS AND CONTRACTS
7.14 COUNTERCLAIMS
7.15 DISCOVERY
7.16 DEFAULT JUDGMENTS
7.17 DISMISSAL OF SUIT DUE TO INACTION OF THE PARTIES
7.18 EXECUTION ON JUDGMENTS
7.19 RECORDATION OF JUDGMENTS
7.1901 Obtaining an Abstract of Judgment
7.1902 Creating a Lien
7.1903 Procedure for Recording Judgments
7.1904 Enforcement of Judgment Liens
7.1905 Judgments Against Nonresident Defendants
7.1906 Validity of Judgment Against Subsequent Transferee
7.1907 Other Reasons for Recording Judgments
7.1908 Recording Foreign Judgments, Judgments of Other States,
and Judgments of Federal Courts
7.20 RELEASE OF JUDGMENTS
7.2001 Duty to Release Judgment
7.2002 Procedure
7.2003 Releasing Recorded Judgments
7.2004 Release of Judgment by Judgment Debtor
7.21 CLOSED FILES
7.22 SMALL CLAIMS COURT
APPENDIX 7-1: PROMISSORY NOTE
APPENDIX 7-2: GENERAL DISTRICT COURT CIVIL FEES ASSESSMENT
APPENDIX 7-3: WARRANT IN DEBT (FORM DC-412)
APPENDIX 7-4: WARRANT IN DEBT--SMALL CLAIMS DIVISION (FORM DC-
402)
APPENDIX 7-5: WARRANT IN DEBT (ACTION BY INDIVIDUAL AGAINST
INDIVIDUAL FOR A DEBT)
APPENDIX 7-6: WARRANT IN DEBT (ACTION BY CORPORATION AGAINST
INDIVIDUAL AND GUARANTOR)
APPENDIX 7-7: WARRANT IN DEBT (ACTION BY FOREIGN CORPORATION
AGAINST RESIDENT INDIVIDUAL)
APPENDIX 7-8: WARRANT IN DEBT (ACTION BY COMPANY IN REPRESENTATIVE
CAPACITY AGAINST INDIVIDUAL WHERE BUSINESS IS NO LONGER
OPERATING)
APPENDIX 7-9: WARRANT IN DEBT REQUESTING COMPOUND INTEREST
APPENDIX 7-10: WARRANT IN DEBT (ACTION BY PERSON IN REPRESENTATIVE
CAPACITY AGAINST MULTIPLE DEFENDANTS CLAIMING INTEREST AT A RATE
HIGHER THAN JUDGMENT RATE)
APPENDIX 7-11: WARRANT IN DEBT (ACTION BY MINOR AGAINST
CORPORATION)
APPENDIX 7-12: WARRANT IN DEBT (ACTION BY SUCCESSOR CORPORATION
AGAINST NONRESIDENT CORPORATION WITHOUT A REGISTERED AGENT)
APPENDIX 7-13: WARRANT IN DEBT (ACTION BY SUBROGEE FOR PROPERTY
DAMAGE)
APPENDIX 7-14: WARRANT IN DEBT (ACTION BY PARTNERSHIP AGAINST
NONRESIDENT INDIVIDUAL)
APPENDIX 7-15: WARRANT IN DEBT (ACTION BY PROFESSIONAL FOR SERVICES
RENDERED TO MINOR CHILD)
APPENDIX 7-16: WARRANT IN DEBT (ACTION BY INDIVIDUAL TRADING UNDER
FICTITIOUS NAME AGAINST INDIVIDUAL WITHOUT STREET ADDRESS)
APPENDIX 7-17: WARRANT IN DEBT (ACTION BY HEALTH CARE PROVIDER
AGAINST PERSON IN REPRESENTATIVE CAPACITY)
APPENDIX 7-18: WARRANT IN DEBT (ACTION BY INDIVIDUAL AGAINST
INDIVIDUAL WITH UNKNOWN LAST NAME)
APPENDIX 7-19: MOTION FOR JUDGMENT
APPENDIX 7-20: MOTION FOR JUDGMENT
APPENDIX 7-21: CERTIFICATE OF MAILING
APPENDIX 7-22: NOTICE OF COMMENCEMENT OF ACTION AND REQUEST FOR
WAIVER OF SERVICE OF PROCESS AND ACCEPTANCE/WAIVER OF SERVICE OF
PROCESS AND WAIVER OF FUTURE SERVICE OF PROCESS AND NOTICE
APPENDIX 7-23: BILL OF PARTICULARS--CONTRACT OR NOTE
APPENDIX 7-24: BILL OF PARTICULARS--DEFICIENCY ACTION
APPENDIX 7-25: BILL OF PARTICULARS--OPEN ACCOUNT
APPENDIX 7-26: NOTICE OF CHANGE OF ADDRESS (FORM DC-437)
APPENDIX 7-27: ABSTRACT OF JUDGMENT (FORM DC-465)
APPENDIX 7-28: SUMMONS FOR UNLAWFUL DETAINER (FORM DC-421)
APPENDIX 7-29: NOTICE OF HEARING TO ESTABLISH FINAL RENT AND
DAMAGES (FORM DC-422)
APPENDIX 7-30: REQUEST FOR WRIT OF POSSESSION IN UNLAWFUL DETAINER
PROCEEDINGS (FORM DC-469)
APPENDIX 7-31: PROMISSORY NOTE
APPENDIX 7-32: CONFESSION OF JUDGMENT
APPENDIX 7-33: LETTER TO CLERK OF COURT CONCERNING CONFESSION OF
JUDGMENT
APPENDIX 7-34: LETTER TO CLERK OF COURT AUTHORIZING RELEASE OF
JUDGMENT
APPENDIX 7-35: DEFAULT JUDGMENT ORDER
APPENDIX 7-36: DEFAULT JUDGMENT ORDER, SERVICE OF PROCESS BY
POSTING
APPENDIX 7-37: DEFAULT JUDGMENT ORDER, ORE TENUS HEARING
APPENDIX 7-38: REQUEST FOR ABSTRACT OF JUDGMENT
APPENDIX 7-39: LETTER TO CLERK REQUESTING RECORDATION OF ABSTRACT
OF JUDGMENT
APPENDIX 7-40: LETTER TO ASSESSOR OF REAL ESTATE REQUESTING
DESCRIPTION OF PROPERTY
APPENDIX 7-41: RECORDATION OF JUDGMENT
APPENDIX 7-42: AFFIDAVIT OF NAME CHANGE BY DEFENDANT
APPENDIX 7-43: LETTER TO PURCHASER OF REAL ESTATE SUBJECT TO
JUDGMENT LIEN
APPENDIX 7-44: LETTER TO DEBTOR ADVISING OF JUDGMENT LIEN
APPENDIX 7-45: LETTER TO CLERK OF DISTRICT COURT RELEASING
JUDGMENT
APPENDIX 7-46: NOTICE OF SATISFACTION (FORM DC-458)
APPENDIX 7-47: LETTER TO CLERK OF CIRCUIT COURT RELEASING
JUDGMENT
APPENDIX 7-48: AUTHORIZATION OF CLERK OF COURT TO RELEASE
JUDGMENT
APPENDIX 7-49: AUTHORITY TO CLERK OF COURT TO RELEASE DOCKETED
JUDGMENT
APPENDIX 7-50: CASE STATUS CARD
APPENDIX 7-51: CASE STATUS CARD
APPENDIX 7-52: CASE STATUS CARD
APPENDIX 7-53: SERVICE OTHER THAN BY VIRGINIA SHERIFF (FORMS DC-411
AND CC-1407)
APPENDIX 7-54: NOTICE FOR REVIVAL OF JUDGMENT
APPENDIX 7-55: ORDER TO SHOW CAUSE FOR REVIVAL OF JUDGMENT
APPENDIX 7-56: ORDER FOR REVIVAL OF JUDGMENT
APPENDIX 7-57: NOTICE AND MOTION FOR JUDGMENT
APPENDIX 7-58: AFFIDAVIT CONCERNING SERVICE OF PROCESS ON A
CORPORATION
APPENDIX 7-59: AFFIDAVIT--DEFAULT JUDGMENT--SERVICEMEMBERS CIVIL
RELIEF ACT
APPENDIX 7-60: MOTION TO REHEAR/MOTION FOR NEW TRIAL (Form DC-
368)
APPENDIX 7-61: MOTION TO SET ASIDE DEFAULT JUDGMENT (FORM DC-
434)
APPENDIX 7-62: BILL OF PARTICULARS (FORM DC-441)
APPENDIX 7-63: GROUNDS OF DEFENSE (FORM DC-442)
APPENDIX 7-64: MOTION AND NOTICE OF HEARING (FORM DC-371)
APPENDIX 7-65: MOTION FOR JUDGMENT TO BE MARKED SATISFIED (FORM DC-
459)
APPENDIX 7-66: SUBPOENA DUCES TECUM (CIVIL)--ATTORNEY ISSUED (FORM
DC-498)
APPENDIX 7-67: SUBPOENA FOR WITNESS (CIVIL)--ATTORNEY ISSUED (FORM
DC-497)
APPENDIX 7-68: MOTION AND ORDER FOR VOLUNTARY NONSUIT (FORM DC-
419)
APPENDIX 7-69: NOTICE OF MOTION FOR NONSUIT AS A MATTER OF RIGHT
APPENDIX 7-70: ORDER
APPENDIX 7-71: NOTICE OF HEARING ON MOTION TO SUFFER A SECOND OR
SUBSEQUENT NONSUIT
APPENDIX 7-72: ORDER
APPENDIX 7-73: NOTICE OF APPEAL--CIVIL (FORM DC-475)
APPENDIX 7-74: CIVIL APPEAL BOND (FORM DC-460)
INDEX
Volume II
CHAPTER 8: EXECUTIONS ON JUDGMENTS
8.1 LEVY (EXECUTION ON PERSONAL PROPERTY)
8.101 In General
8.102 Issuance of Writ
8.103 Effect of Lien and Levy
8.104 Effect of Prior Lien
8.105 Levy on Money
8.106 Procedure
8.107 Sheriff's Reports
8.108 Determining Whether to Proceed With Sale
8.109 Using a Locksmith to Enter Premises
8.110 Posting Bond
8.111 Client's Approval
8.112 Steps Short of Sale
8.113 Sheriff's Sale
8.114 Conclusion
8.2 EXECUTION ON PROPERTY NOT CAPABLE OF BEING LEVIED UPON
8.201 In General
8.202 Notice
8.203 Practical Application
8.204 Conclusion
8.3 GARNISHMENT
8.301 In General
8.302 Prerequisites to Filing
8.303 Initiation of Garnishment
8.304 Filling Out a Garnishment Form
8.305 Garnishment Answer
8.306 Examination of Garnishee Defendant
8.307 Judgment on the Garnishment
8.308 Bank Account Garnishment
8.309 The Exemption Hearing
8.310 Liens of Other Creditors on Debtor's Bank Account
8.311 Other Garnishments
8.312 Effect of Bankruptcy on a Pending Garnishment
8.4 RELEASING GARNISHMENTS
8.401 Procedure
8.402 Conditional Release
8.403 Reasons to Release a Garnishment
8.404 Arrangements for Payment
8.405 Releasing a Checking Account Garnishment
8.406 Improving the Client's Position
8.407 Conclusion
8.5 JUDGMENT CREDITORS' SUITS
8.501 In General
8.502 Partition of Jointly Owned Property
8.503 A Hypothetical Case
8.504 Parties
8.505 Complaint
8.506 Procedure and Evidence
8.507 Practical Considerations
8.508 Effect of Bankruptcy
8.509 Liability of Deceased Debtor's Real Estate for Payment of
Debts
8.510 Conclusion
8.6 CHARGING ORDERS--EXECUTIONS AGAINST AN INTEREST IN A
PARTNERSHIP OR LLC
8.601 In General
8.602 Procedure
8.603 Practice Suggestions
8.604 Conclusion
8.7 PARTITION OF PERSONAL PROPERTY
8.8 DEBTOR'S EXEMPTIONS
8.801 In General
8.802 "Poor Debtor's" Exemption
8.803 Homestead Exemption
8.804 Other Exemptions
8.805 Exemption for Disabled Veterans
8.806 Minimizing Debtor Exemptions
APPENDIX 8-1: WRIT OF FIERI FACIAS (FORM DC-467)
APPENDIX 8-2: ORDER OF DEFAULT JUDGMENT ALLOWING IMMEDIATE
EXECUTION
APPENDIX 8-3: LETTER TO CLERK REQUESTING NEW EXECUTION TO BE SENT
TO SHERIFF
APPENDIX 8-4: LETTER TO CLERK REQUESTING NEW EXECUTION RETURNED
TO LAW FIRM
APPENDIX 8-5: LETTER TO SHERIFF REQUESTING LEVY
APPENDIX 8-6: LETTER TO SHERIFF REQUESTING LEVY ON SPECIFIC
VEHICLE
APPENDIX 8-7: LETTER TO SHERIFF REQUESTING LEVY ON VEHICLE AND
ENCLOSING INDEMNIFYING BOND
APPENDIX 8-8: REPORT OF SHERIFF ADVISING DEBTOR PROPERTY WILL BE
SOLD
APPENDIX 8-9: LETTER TO CREDITOR-CLIENT REQUESTING COSTS AND
AUTHORIZATION TO PROCURE INDEMNIFYING BOND
APPENDIX 8-10: POWER OF ATTORNEY FOR INDEMNIFYING BOND
APPENDIX 8-11: LETTER TO SHERIFF REGARDING CONDITION AND VALUE OF
PROPERTY
APPENDIX 8-12: LETTER TO SHERIFF REQUESTING AMOUNT OF BOND
APPENDIX 8-13: LETTER TO DEBTOR ADVISING THAT SHERIFF WILL BRING
LOCKSMITH TO GAIN ENTRY TO MAKE LEVY
APPENDIX 8-14: NOTICE OF SHERIFF'S SALE
APPENDIX 8-15: NOTICE OF LIEN OF FIERI FACIAS
APPENDIX 8-16: LETTER TO CLERK REQUESTING ISSUANCE OF LIEN OF FIERI
FACIAS
APPENDIX 8-17: LETTER TO SHERIFF REQUESTING SERVICE OF NOTICE OF
FIERI FACIAS
APPENDIX 8-18: LETTER ADVISING WHY LIEN OF FIERI FACIAS WAS
SERVED
APPENDIX 8-19: SUGGESTION FOR SUMMONS IN GARNISHMENT (FORM DC-
450)
APPENDIX 8-20: GARNISHMENT SUMMONS (FORM DC-451)
APPENDIX 8-21: REQUEST FOR HEARING--GARNISHMENT EXEMPTION CLAIM
(FORM DC-454)
APPENDIX 8-22: AFFIDAVIT CONCERNING DEPENDENT CHILDREN AND
HOUSEHOLD INCOME (FORM DC-449)
APPENDIX 8-23: AFFIDAVIT TO SERVE GARNISHMENT ON REGISTERED
AGENT
APPENDIX 8-24: AFFIDAVIT TO SERVE GARNISHMENT ON REGISTERED
AGENT
APPENDIX 8-25: AFFIDAVIT TO SERVE GARNISHMENT ON REGISTERED
AGENT
APPENDIX 8-26: GARNISHEE INFORMATION SHEET (FORM DC-455)
APPENDIX 8-27: GARNISHEE ANSWER (FORM DC-456)
APPENDIX 8-28: LETTER TO EMPLOYER REGARDING FAILURE TO ANSWER IN
GARNISHMENT PROCEEDING
APPENDIX 8-29: SHOW CAUSE SUMMONS (FORM DC-481)
APPENDIX 8-30: AFFIDAVIT REGARDING FICTITIOUS NAME
APPENDIX 8-31: NOTICE OF HEARING
APPENDIX 8-32: LETTER TO TENANTS NOTIFYING THEM OF GARNISHMENT OF
RENT
APPENDIX 8-33: LETTER TO CLERK RELEASING GARNISHMENT
APPENDIX 8-34: LETTER TO GARNISHEE RELEASING GARNISHMENT
APPENDIX 8-35: GARNISHMENT DISPOSITION (FORM DC-453)
APPENDIX 8-36: ORDER DISMISSING GARNISHMENT--MONEY PAID TO
ATTORNEY
APPENDIX 8-37: ORDER DISMISSING GARNISHMENT--EMPLOYER HOLDING
MONEY
APPENDIX 8-38: ORDER DISMISSING GARNISHMENT--MONEY PAID TO
COURT
APPENDIX 8-39: LETTER TO EMPLOYER AGREEING TO ACCEPT CHECK AND
RELEASE GARNISHMENT
APPENDIX 8-40: LETTER TO BANK RELEASING GARNISHMENT
APPENDIX 8-41: AGREEMENT WITH DEBTOR TO RELEASE GARNISHMENT
APPENDIX 8-42: WAGE ASSIGNMENT
APPENDIX 8-43: COMPLAINT IN JUDGMENT CREDITOR'S SUIT-- PROPERTY
UNENCUMBERED
APPENDIX 8-44: COMPLAINT IN JUDGMENT CREDITOR'S SUIT-- PROPERTY
TRANSFERRED SUBSEQUENT TO JUDGMENT
APPENDIX 8-45: COMPLAINT IN JUDGMENT CREDITOR'S SUIT-- PROPERTY
ENCUMBERED
APPENDIX 8-46: COMPLAINT IN PARTITION SUIT
APPENDIX 8-47: ANSWER OF DEFENDANT TRUSTEE--JUDGMENT CREDITOR'S
SUIT
APPENDIX 8-48: ANSWER OF DEFENDANT--PARTITION SUIT
APPENDIX 8-49: CHANCERY DECREE OF REFERENCE--JUDGMENT CREDITOR'S
SUIT
APPENDIX 8-50: DECREE CONFIRMING COMMISSIONER'S REPORT AND
ORDERING SALE--JUDGMENT CREDITOR'S SUIT
APPENDIX 8-51: DECREE CONFIRMING COMMISSIONER'S REPORT AND
ORDERING SALE--PARTITION SUIT
APPENDIX 8-52: REPORT OF SPECIAL COMMISSIONER
APPENDIX 8-53: REPORT OF SPECIAL COMMISSIONER
APPENDIX 8-54: DECREE OF CONFIRMATION
APPENDIX 8-55: DECREE OF CONFIRMATION
APPENDIX 8-56: SPECIAL COMMISSIONER'S DEED
APPENDIX 8-57: SPECIAL COMMISSIONER'S DEED
APPENDIX 8-58: PETITION FOR DISTRIBUTION
APPENDIX 8-59: PETITION FOR DISTRIBUTION
APPENDIX 8-60: ORDER OF DISTRIBUTION
APPENDIX 8-61: ORDER OF DISTRIBUTION
APPENDIX 8-62: LETTER TO DEBTOR ADVISING OF JUDGMENT CREDITOR'S
SUIT
APPENDIX 8-63: LETTER TO DEBTOR ADVISING OF HEARING BEFORE
COMMISSIONER IN CHANCERY
APPENDIX 8-64: LETTER TO DEBTOR CONFIRMING ARRANGEMENTS FOR
PAYING JUDGMENT UPON DISMISSAL OF JUDGMENT CREDITOR'S SUIT
APPENDIX 8-65: MEMORANDUM OF LIS PENDENS AFFECTING REAL ESTATE
SUIT PURSUANT TO SECTIONS 64.1-181 THROUGH 64.1-187 OF THE VIRGINIA
CODE
APPENDIX 8-66: FINAL ORDER IN SUIT PURSUANT TO SECTIONS 64.1-181
THROUGH 64.1-187 OF THE VIRGINIA CODE
CHAPTER 9: ATTACHMENTS
9.1 INTRODUCTION
9.2 CLAIMS FOR WHICH AN ATTACHMENT MAY BE BROUGHT
9.201 In General
9.202 Jurisdiction
9.203 Venue
9.204 Grounds
9.3 COMMENCING THE ATTACHMENT ACTION
9.4 PLEADINGS AND ORDERS
9.5 SUBSEQUENT PROCEDURE
9.6 TRIAL
9.7 PRACTICAL CONSIDERATIONS
9.8 PROBLEM AREAS
APPENDIX 9-1: NOTICE OF LIS PENDENS OR ATTACHMENT
APPENDIX 9-2: PETITION FOR ATTACHMENT--PERSONAL PROPERTY
APPENDIX 9-3: PETITION FOR ATTACHMENT--SPECIFIC PERSONAL PROPERTY
AND REAL ESTATE
APPENDIX 9-4: ATTACHMENT TO BE SERVED BY THE SHERIFF
APPENDIX 9-5: FINAL ORDER
APPENDIX 9-6: FINAL ORDER
APPENDIX 9-7: ATTACHMENT PETITION (FORM DC-445)
APPENDIX 9-8: ATTACHMENT SUMMONS (FORM DC-446)
APPENDIX 9-9: PLAINTIFF'S BOND FOR LEVY OR SEIZURE (FORM DC-447)
CHAPTER 10: REAL PROPERTY FORECLOSURES
10.1 INTRODUCTION
10.2 PRELIMINARY MATTERS
10.201 In General
10.202 Qualification of Trustees
10.203 Separation of Title
10.204 Equity of Redemption
10.3 LOAN DOCUMENTS
10.301 Note
10.302 Deed of Trust
10.303 Title Insurance
10.304 Account History
10.305 Authorization to Foreclose
10.4 PRIORITY OF LIENS
10.401 Scope of Title Examination
10.402 Real Estate Tax Lien
10.403 Cloud on Title
10.404 Determination by Court
10.405 Mechanics' Liens
10.406 Lis Pendens
10.5 REQUIRED NOTICES
10.501 Notices Required by the Fair Debt Collection Practices
Act
10.502 Lost Note Notice
10.503 Notices of Acceleration and Foreclosure
10.504 Advertisement
10.505 Notice to the Internal Revenue Service
10.506 Notice to Other Interested Parties
10.507 Additional Notice May Be Required for Properties Located
in Planning District 8
10.6 SUBSTITUTION OF TRUSTEES
10.7 RECEIVERS
10.8 CONDUCT OF FORECLOSURE SALE
10.801 In General
10.802 Time
10.803 Place
10.804 Manner
10.805 Terms
10.806 One Price Written Bid
10.807 Right of Lender or Trustee to Bid
10.808 Valuation
10.809 Deposit
10.810 Completion of Sale
10.811 Postponement of Sale
10.812 Enforcement of Sale
10.813 Closing
10.814 Release of Deed of Trust
10.9 REPORT TO COMMISSIONER OF ACCOUNTS
10.901 Statutory Requirement
10.902 Effect of Failure to File
10.903 Contents of Report
10.904 Disposition of Documents
10.905 Approval Process; Exceptions
10.906 Effect of Confirmation
10.907 Surcharge and Falsification
10.10 POST-SALE REMEDIES
10.1001 Deficiency Actions
10.1002 Obtaining Possession
10.1003 Purchaser's Default
10.11 FEDERAL LIENS AND REDEMPTION RIGHTS
10.1101 Creation of Federal Tax Lien
10.1102 Priority
10.1103 Notice
10.1104 Consent
10.12 MECHANICS' LIENS, JUDGMENT LIENS, AND TAX LIENS
10.1201 Mechanics' Liens
10.1202 Judgment Liens
10.1203 Tax Liens
10.13 DEED IN LIEU OF FORECLOSURE
10.14 BANKRUPTCY CONSIDERATIONS
10.1401 Automatic Stay
10.1402 Reaffirmation
10.1403 Cure of Default
10.1404 Equity of Redemption
10.15 ETHICAL ISSUES
10.1501 Professional Corporation as Trustee
10.1502 Corporate Trustee
10.1503 Employee of the Lender as Trustee
10.1504 Fiduciary Responsibility of the Trustee
10.1505 Trustee Bidding at Sale
10.1506 Compliance With Deed of Trust Terms
10.1507 Conflicts of Interest
10.16 COMMISSION AND EXPENSES
10.1601 Trustee's Commission
10.1602 Lesser and Greater Charges
10.1603 Expenses
10.17 THE SERVICEMEMBERS CIVIL RELIEF ACT
10.1701 In General
10.1702 Applicability
10.1703 Foreclosure-Related Protections Afforded by the
SCRA
10.1704 Methods of Protection
APPENDIX 10-1: LETTER TO CLIENT REGARDING RECEIPT OF FILE
APPENDIX 10-2: APPOINTMENT OF SUBSTITUTE TRUSTEE
APPENDIX 10-3: LETTER TO DEBTOR ADVISING OF FORECLOSURE
APPENDIX 10-4: NOTICE OF TRUSTEE'S SALE OF PROPERTY
APPENDIX 10-5: LETTER TO NEWSPAPER ADVERTISING FORECLOSURE
APPENDIX 10-6: BIDDING INSTRUCTIONS
APPENDIX 10-7: LIST OF BIDDERS ATTENDING SALE
APPENDIX 10-8: TRUSTEE'S MEMORANDUM OF SALE
APPENDIX 10-9: SUBSTITUTE TRUSTEE'S DEED
APPENDIX 10-10: SUBSTITUTE TRUSTEE'S REPORT
APPENDIX 10-11: LETTER TO INTERNAL REVENUE SERVICE REGARDING
LIEN
APPENDIX 10-12: NOTICE OF NONJUDICIAL SALE OF PROPERTY
APPENDIX 10-13: LETTER TO COMMISSIONER OF ACCOUNTS REGARDING
REPORT
APPENDIX 10-14: PARTIAL REPORT OF TITLE
APPENDIX 10-15: NOTICE TO QUIT PREMISES
CHAPTER 11: MEMORANDUM OF LIS PENDENS
11.1 INTRODUCTION
11.2 PURCHASER PENDENTE LITE
11.3 FILING A MEMORANDUM OF LIS PENDENS
11.4 RELEASE OF A LIS PENDENS
11.5 USE OF LIS PENDENS IN COLLECTION MATTERS
11.6 IMPROPER USE OF LIS PENDENS
11.7 CONCLUSION
APPENDIX 11-1: MEMORANDUM OF LIS PENDENS AFFECTING REAL ESTATE--
PARTITION SUIT
APPENDIX 11-2: MEMORANDUM OF LIS PENDENS AFFECTING REAL ESTATE--
FRAUDULENT CONVEYANCE
CHAPTER 12: MECHANICS' LIENS
12.1 IN GENERAL
12.101 Statutory Creation
12.102 Statutory Construction
12.103 Preparing the Case
12.2 WHO MAY CLAIM THE LIEN
12.201 Identifying a Mechanic's Lien Claimant
12.202 Laborers and Suppliers
12.203 General Contractors and Subcontractors
12.3 PROPERTY SUBJECT TO THE LIEN
12.301 In General
12.302 Public Property
12.303 Multiple Contracts, Lots, Units, or Buildings
12.304 Utility and Paving Contractors
12.305 Leased Property
12.306 Condominiums
12.307 Time-Share Property
12.4 PERFECTING THE LIEN
12.401 The 90-Day Rule
12.402 "Completed or Otherwise Terminated"
12.403 Replacement Materials; Open Accounts
12.404 Certification of Mailing
12.5 MECHANICS' LIEN AGENTS
12.501 In General
12.502 Designating the Mechanics' Lien Agent
12.503 Posting the Building Permit
12.504 Sufficiency of the Building Permit
12.505 Notice Requirements
12.506 Evidence of Receipt
12.507 Inaccurate Description of the Property
12.508 Time Period for Notice
12.509 Notice After the 30-Day Period
12.510 Determining Whether a Proper Building Permit Has Been
Issued
12.511 Exceptions to the Requirement to Notify the Mechanics'
Lien Agent
12.6 OWNER'S AFFIDAVIT OR STATEMENT
12.7 THE 150-DAY RULE
12.8 STATUTORY FORMS FOR THE MEMORANDUM OF LIEN
12.801 The Contractor's Memorandum
12.802 The Subcontractor's Memorandum
12.803 Statement Declaring Intention to Claim the Benefit of a
Lien Required in Memorandum of Mechanic's Lien
12.9 DEFENSES
12.901 Owner's Priority
12.902 Limitation on the Amount Claimed by Subcontractors and
Sub-Subcontractors
12.903 Licensure of Claimant
12.10 PERSONAL LIABILITY OF OWNER OR GENERAL CONTRACTOR
12.1001 Remedy Created by Section 43-11 of the Virginia
Code
12.1002 Creation of Personal Liability of Owner and General
Contractor
12.1003 Priority of the Section 43-11 Claim
12.1004 Owner's Right to Setoff for Work Not Completed by
General Contractor
12.1005 Limitations on Owner's or General Contractor's
Liability
12.11 ENFORCEMENT OF THE LIEN
12.1101 Complaint
12.1102 Intervening Petition by Other Lienholders
12.1103 Parties
12.1104 When the Suit Must Be Brought
12.1105 Automatic Stay in Bankruptcy
12.1106 Scope of Jurisdiction
12.1107 Sale of the Property
12.1108 Challenging the Validity of Lien
12.1109 Court-Ordered Release
12.1110 Diverting Funds
12.12 PRIORITY OF LIENS
12.1201 In General
12.1202 Priority Over Deeds of Trust
12.1203 Priority Over Security Interest in Accounts
Receivable
12.1204 Priority Among Mechanics' Liens
12.1205 Removal of Materials Affixed to the Structure
12.1206 Federal Liens
12.13 ALTERNATIVES TO MECHANICS' LIENS
12.1301 Civil Suit
12.1302 Statutory Alternatives
12.1303 Threat of Filing
12.1304 Contract Provisions
12.14 MISCELLANEOUS CONSIDERATIONS
12.1401 Assignment
12.1402 Waiver
12.1403 Slander of Title
12.1404 Forfeiture
12.1405 Release or Discharge
12.15 PRACTICAL EFFECTS OF FILING A LIEN
12.1501 Effect on the Owner
12.1502 Effect on the Claimant's Business
12.1503 Effect on the General Contractor
12.1504 Effect on the Construction Lender
12.1505 Effect on the Title Agency
APPENDIX 12-1: MEMORANDUM FOR MECHANICS' LIEN CLAIMED BY GENERAL
CONTRACTOR (VA. CODE sec. 43-5)
APPENDIX 12-2: MEMORANDUM FOR MECHANICS' LIEN CLAIMED BY
SUBCONTRACTOR (VA. CODE sec. 43-8)
APPENDIX 12-3: MEMORANDUM FOR MECHANICS' LIEN CLAIMED BY SUB-
SUBCONTRACTOR (VA. CODE sec. 43-10)
APPENDIX 12-4: MILLER ACT SUIT TO ASSERT CLAIM AGAINST BOND ON
FEDERAL BUILDING OR PROJECT
APPENDIX 12-5: COMPLAINT TO ASSERT CLAIM AGAINST BOND ON STATE
BUILDING OR PROJECT
APPENDIX 12-6: DISCLOSURE STATEMENT FOR SITE DEVELOPMENT
IMPROVEMENTS
APPENDIX 12-7: NOTICE TO MECHANICS' LIEN AGENT PURSUANT TO SECTION
43-4.01 OF THE VIRGINIA CODE
APPENDIX 12-8: COMPLAINT TO ENFORCE MECHANICS' LIEN
APPENDIX 12-9: ITEMIZED STATEMENT OF ACCOUNTS
APPENDIX 12-10: PETITION TO BOND OFF LIEN UNDER SECTION 43-71 OF THE
VIRGINIA CODE
APPENDIX 12-11: BOND TO BOND OFF LIEN UNDER SECTION 43-71 OF THE
VIRGINIA CODE
APPENDIX 12-12: DECREE TO BOND OFF LIEN UNDER SECTION 43-71 OF THE
VIRGINIA CODE
APPENDIX 12-13: ATTORNEY CHECKLIST FOR MECHANIC'S LIEN CASE
CHAPTER 13: OTHER LIENS
13.1 INTRODUCTION
13.2 INNKEEPERS' LIENS
13.3 LIVERY STABLE OR MARINA KEEPERS' LIENS
13.4 MECHANICS' LIEN FOR REPAIRS
13.5 ENFORCEMENT OF LIENS
13.6 REPRESENTING SECURED CREDITORS
13.7 REPRESENTING MECHANICS AND STOREKEEPERS
13.8 RIGHTS OF THIRD PARTIES
13.9 CONCLUSION
APPENDIX 13-1: SUMMONS--LIEN OF MECHANIC FOR REPAIRS (FORM DC-
463)
APPENDIX 13-2: COMPLAINT
CHAPTER 14: BANKRUPTCY CONSIDERATIONS
14.1 INTRODUCTION
14.2 CHAPTER 7
14.201 Overview of Chapter 7
14.202 Creditor Strategies in Chapter 7 Cases
14.3 CHAPTER 11
14.301 Overview of Chapter 11
14.302 Effect on Secured Claims of Confirmation of a Chapter 11
Plan
14.303 Chapter 11 Creditor Strategies
14.4 CHAPTER 13
14.401 Overview of Chapter 13
14.402 Secured Non-Priority Creditors
14.403 Claims Secured by Debtor's Residence
14.404 Effect of Confirmation on a Deed of Trust Lien
14.405 Chapter 13 Creditor Strategies
14.406 Overview of the Automatic Stay
14.407 The Bankruptcy Estate: Property Interests Subject to the
Automatic Stay
14.408 Property Exempt from the Automatic Stay
14.409 Acts Exempt from the Automatic Stay
14.410 The Co-Debtor Stay of 11 U.S.C. sec. 1301
14.411 Violations of the Automatic Stay
14.412 Duration of the Stay
14.5 RELIEF FROM THE AUTOMATIC STAY
14.501 The Statute
14.502 Bankruptcy Rule 4001
14.503 No Automatic Stay on Appeal
14.504 Local Rules
14.505 Grounds for Relief from the Automatic Stay
14.506 Motion for Relief
14.507 Ex Parte Relief
14.508 Notice
14.509 Certificates
14.510 Experts
14.511 Non-expert Opinion
14.512 Trial
14.513 Scope of Relief
14.514 The Effect of BAPCPA on the Automatic Stay
14.515 Relief From the Automatic Stay Under BAPCPA
14.516 Sanctions Under BAPCPA
14.517 Orders Confirming Lack of Stay Under BAPCPA
14.6 OTHER CREDITOR'S ISSUES IN BANKRUPTCY
14.601 Fraudulent Conveyance Attacks
14.602 Creditors' Interest in Rents
14.603 Lien Avoidance
14.604 Reaffirmation
14.605 Exemptions
APPENDIX 14-1: MOTION FOR RELIEF FROM STAY (CHAPTER 7)
APPENDIX 14-2: MOTION FOR RELIEF FROM STAY (CHAPTER 13)
APPENDIX 14-3: MOTION FOR RELIEF FROM STAY (CHAPTER 11)
APPENDIX 14-4: PRE-HEARING ORDER
APPENDIX 14-5: MOVANT'S CERTIFICATION REQUIRED WITH RESPECT TO
MOTION FOR RELIEF FROM STAY
APPENDIX 14-6: NOTICE OF MOTION FOR RELIEF FROM STAY
APPENDIX 14-7: NOTICE OF MOTION
APPENDIX 14-8: NOTICE OF MOTION (OR OBJECTION)
APPENDIX 14-9: ORDER (CHAPTER 7)
APPENDIX 14-10: ORDER (CHAPTER 13)
APPENDIX 14-11: REAFFIRMATION DISCLOSURE STATEMENT
APPENDIX 14-12: REAFFIRMATION AGREEMENT
APPENDIX 14-13: CERTIFICATION BY DEBTOR'S ATTORNEY
APPENDIX 14-14: DEBTOR'S STATEMENT IN SUPPORT OF REAFFIRMATION
AGREEMENT
APPENDIX 14-15: MOTION FOR COURT APPROVAL OF REAFFIRMATION
AGREEMENT
APPENDIX 14-16: ORDER APPROVING REAFFIRMATION AGREEMENT
TABLE OF AUTHORITIES
INDEX
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Bankruptcy Practice in Virginia
Enforcement of Liens and Judgments in Virginia
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