Pursuant to the Code of Virginia, §16.1-94.01, once a judgment has been satisfied the judgment creditor or his agent or attorney must notify the Court in writing of this satisfaction within 30 days of payment or satisfaction of the judgment. A Notice of Satisfaction of Judgment form (DC-458) is available in the Clerk’s Office and on-line at www.vacourts.gov for this purpose.
If the judgment creditor fails to notify the Court within thirty days of satisfaction of judgment, then the judgment debtor may file a motion requesting that the Court order the judgment to be marked satisfied after notice to the judgment creditor. Upon sufficient proof, the judge can also order the judgment creditor to pay the judgment debtor’s costs and attorney’s fees. A Motion for Judgment to be Marked Satisfied form (DC-459) is available in the Civil Clerk’s Office and requires the filing fee plus any applicable sheriff’s service fee of $12 per person to be served. The Court’s disposition of the motion may be appealed to the Circuit Court if the original judgment principal is greater than $50.
If a judgment debtor wishes to satisfy the judgment but cannot locate the judgment creditor, the Code of Virginia, §16.1-69.55, provides that payment of the judgment may be made to a court of record. The process requires that the judgment debtor obtain an abstract of judgment from the General District Court, pay docketing fees to the Circuit Court, and then file a motion in that court to pay the judgment into an interest bearing account in the Circuit Court so that the judgment may be ordered satisfied. A certified copy of the signed Circuit Court order should be supplied to the General District Court.
If a judgment debtor’s driver’s license has been suspended for failure to pay a judgment pursuant to the Code of Virginia, §46.2-417, and the judgment creditor cannot be located, the Code of Virginia, §46.2-427, allows the judgment debtor to petition the court in which the judgment was entered for reinstatement of his driver’s license. Form DC-472, Petition for Reinstatement of Driving Privileges – Failure to Satisfy Judgment, may be used for this purpose. The petitioner must prove that after examining court and DMV records, he was unable to locate the judgment creditor and must pay into the court the amount of the judgment, including costs and accrued interest.
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