Upgrade plan
Cancel plan
Settings
Change Password
Contact Us
[VA] How long after a judgment for possession can the sheriff carry out an eviction?
12
3
Full conversation
Possession unlawful detainer process in the General District Court of Fairfax, Virginia. I am a senior, 74 years old, with a mental health condition. I am in the eviction process a second time around from last year, on the case that was dismissed with prejudice and in litigation for one year; that was dismissed and is now on appeal in the 4th Circuit Court of Appeals. As of Friday, May 1st, a judgment for possession has happened, when it should have been considered that I put in a motion for emergency continuance while I was in the hospital, pro se, and motions to amend and modify the bond amount. A construct to eviction was done in that the trial was April 8th, and then by April 15th they wanted me to pay 3,700 when I am registered indigent at 815 a month.
Question: Could I be guided on the process and the timing of possession? My friend of 30 years was in court and heard them say 3 days?? This Friday I have a hearing on the opposition of the defendant to the default and a motion to dismiss the default. I am worried. I need to file a writ, and also a judicial review, a procedural review, and a motion to claim my surplus funds. I cannot go today, Tuesday. If I file all those motions Wednesday, will it be timely? Please guide me educationally so I can coordinate.
I understand that this is a very stressful situation for you, especially given your health condition. Can you please share if you have already consulted with a lawyer regarding your eviction process?
I have an interim lawyer, but when I asked him to request the motions, even the emergency one when I was in the hospital, he did not. Also, there is a conflict. He represented the auction buyer of my home of 75 years on a reverse mortgage and misdocumented a bankruptcy I did, which they accelerated and pushed my home to auction. The interim attorney has had the auction buyers as clients since 2018, and recently he is pushing in an indirect way to get the surplus funds to take out his billings from last year's litigation, yet he has not presented me with a bill.
Have you received any specific deadlines or requirements from the court regarding your upcoming hearing and motions?
No.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your eviction process.
You got it all.
Hello! I'm an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!
Based on what you're describing, you're dealing with a complex situation involving potential conflicts of interest with your current attorney, tight court deadlines, and procedural motions that need careful timing. Filing motions on Wednesday could work depending on the court's rules and your hearing date, but the conflict with your attorney is the real problem here. You need someone in your corner who's actually advocating for you, not someone with divided loyalties to the people who bought your home.
A few things: What's the exact date of your Friday hearing, and do you know the deadline the court set for filing motions before that hearing? Also, have you considered reaching out to a legal aid organization in Fairfax about the attorney conflict issue?
I really appreciate you sharing all this detail, and I'm sorry you're navigating this alone.
Hello again. The date is this Friday at 9:30 a.m. The court put no dates on the computer for deadlines; it's only in my case file, maybe. I do know that after a judgment is posted, emergency motion requests are heard at 9:30 a.m. daily, so that would mean I have Thursday morning. General motions are at 1 p.m. Wednesday, so that could be for my surplus funds filing. And thank you for your scholarly guidance; it's stellar, clearer, and more sound than what I have received. Most of what I read or found are brushstroke generalities.
I just need to know the process and timeline on the possession judgment. It's wrong by procedure, and I need to fight it and get legal aid for me as a senior. I have a mental health disability, and I stutter when I speak and get flustered. I just want to balance it all rightly.
Here's the process for a possession judgment in Virginia General District Court. Once a judgment for possession is entered, you typically have a limited window to file what's called a "Motion to Suspend Execution of Judgment" or appeal the judgment itself. Under Va. Code § 8.01-129, an appeal from a General District Court unlawful detainer judgment must be filed within 10 days of the judgment, and an indigent defendant is not required to post an appeal bond. The execution of that judgment (meaning the actual eviction) can't happen right away, but there's usually a waiting period, often around 10 days, before the sheriff can carry it out. The same statute requires the sheriff to give at least 72 hours' notice before executing a writ of eviction and prohibits the eviction before the 10-day appeal period has expired. That's your window.
For your situation, the fact that you filed an emergency continuance motion while hospitalized and it wasn't presented is a real procedural problem. That could be grounds to challenge the judgment. Your Thursday morning emergency motion request slot is the right place to argue that the judgment shouldn't have been entered without that motion being heard. You could ask the judge to set aside the judgment based on the procedural error. Virginia allows a motion for a new trial in district court if it is filed within 30 days of the judgment under Va. Code § 16.1-97.1, and a default judgment can be set aside on specific grounds, such as a void judgment or fraud on the court, under Va. Code § 8.01-428.
The surplus funds motion on Wednesday at 1 p.m. is also good timing. That's separate from fighting the judgment itself, but it protects your interests in any remaining equity. After a foreclosure sale, Va. Code § 55.1-324 requires the trustee to pay any remaining sale proceeds, after expenses, taxes, and secured debts are paid, to the former owner.
Legal aid in Fairfax should absolutely help you with this, especially given your situation as a senior with a disability. They can also help you address the attorney conflict issue, which is important.
Disclaimer
By messaging FreeLegalAdvice.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and FreeLegalAdvice.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
FreeLegalAdvice.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
