Quite often in our newsletter
articles, we reference the “docketing” of a money judgment obtained by one of
our creditor clients. This article takes a step back to explain to the reader
what exactly that means, as even some attorneys do not understand the concept
or the process of docketing a judgment. “Docketing” is a generic terms that is
used to describe the process of recording a judgment in a court of record so
that the judgment may be enforced by and through that court. It should not be
confused with “the docket”, which generally refers to the list of cases being
handled by a court on a particular day.
The Clerk of every Circuit Court in
Virginia must maintain a judgment docket book or electronic data storage system
in which judgments are recorded. A judgment rendered in a particular Circuit
Court in Virginia is automatically recorded in that Court’s judgment book.
However, judgments obtained in other Virginia courts, including federal courts
and general district courts, are not automatically recorded in every judgment
book across the Commonwealth. So, for example, a judgment obtained in the City
of Alexandria Circuit Court is not automatically recorded in the judgment book
of the Fairfax County Circuit Court. However, every Circuit Court in Virginia
permits a judgment creditor to record in its judgment book a judgment obtained
in a different Virginia court. This is generally accomplished by submitting a
certified abstract of judgment prepared by the court in which the judgment was
rendered. The abstract is a simple summary of the judgment that identifies the
parties to the underlying action and the amount of the judgment.
The term “docketing a judgment” is
also used to denote the recordation of judgments from other states and other
countries (which we generically refer to as “foreign judgments”). While
docketing a foreign judgment can require more procedures than docketing a
Virginia judgment, if docketed properly, the foreign judgment will be enforceable
through the applicable Virginia Circuit Court as if the judgment was initially
rendered in that Court. Furthermore, once a judgment is docketed in a
particular Circuit Court, it automatically creates a lien against any real
property owned by the debtor in that city or county. It is also allows the
creditor (with additional procedures) to lien and potentially seize personal
property owned by the debtor that is physically located in said city or county.
The totality of the benefits of docketing a foreign judgment is beyond the
scope of this article.
To learn more about the collection
of judgments, please contact our law firm at 703-273-1400 or send an e-mail to law@gross.com.
To learn more about Gross & Romanick, visit our website at www.gross.com.
