JUDGMENTS
RENDERED IN GENERAL DISTRICT COURT
ARE A LIEN FOR TWENTY YEARS FROM DATE OF ENTRY
AFTER BEING DOCKETED IN THE CIRCUIT COURT
by Douglass W. Dewing*
The following question has been presented to a number of Company offices over the last few months. I hope this brief discussion will eliminate what appears to be a widespread misunderstanding.
Section 8.01-251 (A) provides a 20-year enforcement period for judgment liens. But § 8.01-251(G) states that enforcement of judgments entered in the general district courts is governed by § 16.1-94.1, which provides a 10-year enforcement period.
Some counsel think that because § 8.01-251(G) says judgments "entered" in GDC are governed by §16.1-94.1, it applies to all judgments entered in GDC, even those which are later docketed in circuit court. Therefore, they suggest all judgments entered in General District Court would have a 10-year enforcement period.
The answer to this apparent conflict can be found if one continues to follow the cross-references in the statutes.
§ 16.1-94.1 Limitations on enforcement of district court judgments. -- For judgments entered in a general district court on or after January 1, 1985, no execution shall be issued or action brought on such judgment, including a judgment in favor of the Commonwealth, after ten years from the date of such judgment except as provided in § 16.1-69.55(B)(4). (emphasis added)
§ 16.1-69.55(B)(4) (in the middle of the paragraph) Such judgment, upon docketing, as described above, shall thereafter be treated as a judgment of the circuit court. Upon the docketing of an abstract of judgment in circuit court, the limitation for the enforcement of that district court judgment in circuit court shall be the same as for a judgment of a circuit court, regardless of the disposition of the documents in the case in district court; in all other respects, such judgments shall be treated as are other district court judgments. (emphasis added)
In short, the limitation period for the enforcement of general district court judgments set out in § 16.1-94.1 is not applicable once the creditor dockets in the judgment lien docket book of the Circuit Court. The enforcement period would be the same as for judgments entered in the Circuit Court.
* Douglass W. Dewing is Virginia State Counsel for Lawyers Title Insurance Corporation. He also serves as an Area Representative for the Real Property Section of the Virginia State Bar.