Full question:
Our adult daughter has numerous medical bills from cancer surgery that are past due and have been turned over for collection. As she uses our home for a mailing address (but does not live here) can any judgements against her result in liens being placed against our home. We have not cosigned any agreements for financial responsibility for her medical debts. We are in the process of selling the home in the near future and do not need any ugly surprises at settlement. Is there any way to find out if any judgments or liens have been placed against our home?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: Virginia
Answer:
Fairfax Circuit Court civil judgment orders, abstracts of judgments from Virginia courts, Federal Court judgments, foreign court judgments, Commonwealth of Virginia liens and assessments, and IRS tax liens are docketed in Land Records by the judgment clerks. Civil judgments that were docketed after September 18, 2000 are available for retrieval on the public computer terminals located in Land Records. For civil judgments docketed prior to September 18, 2000, you must visit Land Records and speak with a judgment clerk.
The Land Records Branch is designed for the public to do its own research. The judgment clerks are available to aid you with your research, but they cannot perform research for you.
All Virginia civil judgment orders must comply with §8.01-446 of the Code of Virginia. The "ordered" clause of the judgment order must state that it is a judgment for money, the amount of the judgment, and the full names of all parties the judgment was granted for and against (et al. is not acceptable). It should also state the amount of interest and date from which interest begins. The order also should contain the defendant's address, if known. Form civil judgment orders are available in the Circuit Court courtrooms and on the link provided at the bottom of this page.
In order to docket a foreign (all out-of-state and Virginia federal court) civil judgment, the following is required:
•A certified copy or abstract of the judgment from the foreign jurisdiction;
•An affidavit from the Plaintiff or Plaintiff's counsel, stating the last known address of the Plaintiff and Defendant;
•Payment of $25.00 in cash, cashier's check, certified check, business check, or money order made payable to the Clerk of the Court. Personal Checks are not accepted.
Orders to release or vacate judgments cannot be docketed unless they include the judgment number and the names of the judgment creditor and debtor, exactly as they appear on the judgment.
For judgment related questions, call (703) 246-4159.
Please see the information at the following link:
http://www.fairfaxcounty.gov/courts/circuit/lr_gen_info.htm#research
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
