The procedure for Assignments of Judgment in the Fairfax General District Court is as follows:
- The request for entry of the assignment in the court's records should be made by Praecipe referencing the case number and the names of the Plaintiff and Defendant as set forth in the original judgment. The Praecipe shall contain a certification that a copy of the Praecipe and attached Assignment were sent to the defendant via a method that complies with the requirements of Rule 1:12 of the Rules of the Supreme Court of Virginia. The Praecipe must be signed by an attorney or by a business representative as authorized in Code of Virginia §16.1-88.03. If not made by Praecipe, the request to the court must still comply with the above notice and signature requirements.
- The Assignment of Judgment shall be in writing and include the following:
- The name and address of the Assignor and the name and address of the Assignee;
- The case number and the names of the Plaintiff and Defendant(s), as set forth in the original judgment;
- The date of the original judgment;
- The amount of the original judgment to include interest, costs, and attorney fees;
- A statement of the date and amount of any payments by or credits to the defendant as of the date of the assignment, or a statement that no such credits exist;
- The Assignor's signature, which is to be attested by two witnesses or notarized. If the Assignor is a business entity, such assignment must be signed be either its (i) corporate officer, (ii) manager of a limited liability company, (iii) general partner of any form of partnership or (iv) trustee of any business trust. Alternatively, if the signatory is signing as attorney in fact or under a power of attorney, a copy of the power of attorney shall be provided to the court at the time of the filing of the assignment.
- Upon compliance with the above procedures and acceptance of the assignment by the court, all subsequent filings should be in the name of the Assignee and future executions will be issued in the name of the Assignee as the plaintiff in the case.
- All subsequent filings must also comply with the substitution of counsel requirements set forth in Code of Virginia §16.1-69.32:1 if filed by new counsel, i.e., different counsel from the original counsel in the case.
