Question by fishead: In Virginia can a home be seized by creditors to pay off credit card debt.?
There are provisions in the state code for filing a detinue form for the sale of property to settle debt after receiving a judgment and posting a lien. Is this legal to be used by credit card companies? I get lots of conflicting info off of the web.
Answer by Sgt Big Red
A filing of Warrant in Detinue is used in small claims court to sell anything that has a value equal to the judgment or property secured by the debt.
The maximum allowed is for judgments up to $ 5000.
I doubt a court would let them sell your home as it no doubt exceeds the judgment, also, unless you have paid off the mortgage, you still have a lien holder who comes first (the mortgage company).
There are ways to fight back and you can read more in the link posed in the source area.
Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
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