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Litigation & Disputes · 09

Collect what you're owed.

When a debt isn't paid, timing and strategy matter. Whether you're dealing with a delayed payment or a more complex situation, how you approach collection can affect what you recover and how long it takes.

At a glance

GroupLitigation & Disputes
ClientsLenders · Businesses · Contractors · Sureties
ForumsVA state & federal courts

The case ends in collections, not in court. Most lawyers stop at the judgment. We don't.

Collections — PLDR Law
— 01What collections
work includes.

From demand letter to satisfaction — the full collection arc.

  • Structuring and enforcing secured claims
  • Negotiating workouts or repayment agreements
  • Placing liens and protecting creditor priority
  • Pursuing collection through litigation
  • Enforcing judgments through garnishments or asset recovery
  • Securing assets to protect recovery
  • Asserting and defending performance and payment bond claims
  • Preparing and enforcing mechanic’s liens
  • Managing indemnity agreements and related claims
  • Lien and judgment enforcement and real estate foreclosures
— 02When you might
need this.

You may need help with collections if you are:

  • Trying to recover unpaid debts
  • Dealing with a borrower or tenant in default
  • Seeking payment for work performed or materials supplied
  • Responding to or pursuing a bond claim
  • Evaluating whether to pursue legal action
  • Concerned about protecting your position against other creditors
  • Navigating a debtor's financial distress or bankruptcy
Reviewing a judgment file
Reviewing a judgment file
— 03How we help.

We help you evaluate your options and take action where it makes sense, whether that's resolving the issue efficiently or pursuing recovery through legal channels. Because not every situation calls for the same approach, and the goal is to recover what you can without creating unnecessary delay or cost.

In the construction business, our team represents developers, contractors, subcontractors, and suppliers. On private jobs this includes mechanic’s liens and enforcement actions, and on public projects this can include asserting and defending bond claims. Such lien and bond claims require a clear understanding of statutory requirements and timing.

— 04Common
questions.

Questions clients ask about collections in Virginia.

Creditors, lenders, contractors, and businesses owed money ask versions of these. Plain-English answers — not legal advice for your specific situation.

Can I garnish a Virginia debtor's wages?

Yes, but Virginia has specific exemptions and limitations. Garnishment also has procedural steps — debtor notice, employer service, and a hearing window — that have to be followed.

My commercial customer filed bankruptcy. Am I stuck?

Not necessarily. As a creditor, you have rights in the bankruptcy: filing a proof of claim, attending creditor meetings, asserting claims for reclamation, and potentially pursuing nondischargeability if the debt involved fraud. Several deadlines are time-sensitive.

What's a "judgment lien" on Virginia real property?

When you docket a judgment in a Virginia city or county, it becomes a lien on real estate the debtor owns (or later acquires) in that locality. The lien survives for up to 20 years, can be renewed, and can be used to force a sale. Docketing in multiple localities is common if the debtor has property across Virginia.

Can I enforce a judgment from another state in Virginia?

Yes, via the Uniform Enforcement of Foreign Judgments Act. A judgment from another U.S. state can be domesticated in Virginia by filing the authenticated judgment with the appropriate Virginia court. Once domesticated, it has the same effect as a Virginia judgment for enforcement. Similarly, a Virginia judgment can be domesticated and enforced in other states.

What's the difference between a performance bond and a payment bond?

A performance bond guarantees the contractor will complete the project according to the contract. A payment bond guarantees subcontractors and suppliers get paid for labor and materials. Most public Virginia construction projects above a statutory dollar threshold require both. They protect different parties: performance protects the project owner; payment protects subs and suppliers.

I'm a subcontractor on a Virginia public project and the general contractor hasn't paid me. What can I do?

You likely have a claim against the general contractor's payment bond. Under Virginia's Little Miller Act, subs on public projects can claim against the payment bond — there are specific notice and timing requirements (as little as 90 days from last work). Move quickly.

Can I sue both the contractor and the surety in the same case?

In most cases, yes. Surety bond claims typically permit suit against both the principal contractor and the surety in one action. The surety's liability is generally co-extensive with the principal's, though some defenses are unique to the surety.

What's a GIA and why does my surety want me to sign one?

A General Indemnity Agreement is the contract between a surety and its principal (and usually the principal's owners personally). It obligates the principal to indemnify the surety for losses and defense costs. The personal indemnity provisions are usually the most significant — read them carefully before signing.

Note: The information above is general guidance and not legal advice. Talk with a Virginia collections attorney about your specific matter.
Talk with our team

Talk with our team.

You don't need to sort through every option before reaching out. If you're dealing with an unpaid debtor or trying to decide what to do next, we'll help you understand your options and the best path forward.