Virginia Debtor Interrogatories: How to Find a Judgment Debtor's Assets

The Problem: You Won, but You Don't Know What They Have

You've got a judgment. You know the debtor owes you money. But you don't know where they bank, where they work, or what they own — and without that information, garnishment and levy writs are blind shots that waste filing fees.

Virginia solves this with debtor interrogatories under Va. Code § 8.01-506. The court can compel the judgment debtor to appear under oath and disclose their financial situation: income sources, bank accounts, real estate, personal property, and debts owed to them.

Prerequisites Before You File

You can't just walk into the clerk's office and request interrogatories. Two conditions must be met:

1. A judgment must be entered and a Writ of Fieri Facias must be requested or issued. The execution writ is a prerequisite — even if you don't intend to levy property immediately, the writ must exist before the court will schedule debtor interrogatories.

2. You must file a written affidavit certifying that you haven't conducted interrogatories against this debtor within the preceding six months (Va. Code § 8.01-506(C)). The six-month cooling period prevents creditors from hauling debtors into court repeatedly.

Which Form You File Depends on the Court

• General District Court: Use Form DC-440 (Summons to Answer Interrogatories). This combined form triggers both the examination summons and the issuance of a fi fa writ.
• Circuit Court: Use Form CC-1481 (Interrogatory Summons), with copies for each debtor. You'll also need a Friday Motions Day Praecipe if heard by a judge, plus Form DC-407 (Request for Exemption Claim).

What Happens at the Examination

The debtor is served personally by the sheriff — mail service won't work for this. On the hearing date, the debtor appears before a judge or Commissioner in Chancery and is placed under oath.

You (or your attorney, if you have one at the GDC enforcement stage) conduct a structured examination covering:

• Active bank accounts and approximate balances
• Current employer, job title, and pay frequency
• Real estate owned in Virginia or elsewhere
• Vehicles, equipment, and other tangible personal property
• Debts owed to the debtor by third parties
• Other income sources (rental income, business revenue, retirement accounts)

You can also file a Subpoena Duces Tecum under Va. Code § 8.01-506.1 to compel the debtor to bring documents: tax returns, pay stubs, bank statements, vehicle titles, and real property deeds.

If the Debtor Doesn't Show Up

Non-appearance after proper personal service triggers an escalation, not a default judgment:

1. The court issues a Rule to Show Cause — a summons requiring the debtor to explain why they shouldn't be held in contempt for ignoring the interrogatory order.

2. If the debtor still doesn't appear, the court may issue a Capias (civil bench warrant) under Va. Code § 8.01-508 directing the sheriff to arrest the debtor and bring them before the court.

To be clear: this isn't jail for not paying a debt. Virginia doesn't imprison people for owing money. The capias enforces the court's authority — the debtor is held until they comply with the examination order by providing the required financial disclosures.

Third-Party Discovery Is Limited

You might suspect that the debtor's money is sitting in a family member's account or hidden in a relative's business. Virginia courts have strictly limited third-party discovery in this context. Under Aufforth v. Aufforth, 72 Va. App. 617 (2020), you cannot subpoena or examine a third party based on mere suspicion. You must first establish as a threshold fact that the third party is an actual debtor to, or bailee of, the judgment debtor.

Public Records You Can Check First

Before filing interrogatories, some asset information is available through public records:

• Real estate: Search the Circuit Court Clerk's land records in localities where the debtor might own property.
• Business entities: Check the Virginia State Corporation Commission (SCC) registry for LLC/corporate registrations, officer status, and registered agent addresses.
• Vehicle titles: DMV records require specific authorization, but if you know the debtor's vehicle, a title search can confirm ownership.

These searches cost nothing and may give you enough information to proceed directly to garnishment or a lien — saving the cost and time of a court hearing.

The Virginia judgment collection guide maps the full sequence: when to use interrogatories first, when you can skip straight to garnishment, and how to connect the dots between what you discover and which enforcement tool to deploy.

See more Virginia guides →