I have obtained a default judgment in Virginia for non-payment of rent. The judgment debtor's grandmother died in New Jersey and, in her will, the grandmother left $75,000 to the judgment debtor and instructed her Executor to pay that sum to the judgment debtor upon his attaining the age of 25 years. The judgment debtor will turn 25 years of age in October of this year. Can I have the Executor served with a Writ of Execution on the Judgment Debtor's 25th birthday and collect my money?
Answer
Sure, you could have the executor served with whatever writ you like but your better chance of collecting your debt would be to levy against your judgment debtor's bank account (via a Summons in Garnishment) into which this executor is likely to deposit these inherited funds (my opinion).
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