FAQs

I received a 72 Hour Notice to Vacate but I filed a Motion to Rehear, so how do I make sure the Sheriff will not come out on the date of the scheduled eviction to put my property out?

A motion to rehear does not stop the eviction process. There are a couple of remedies available to tenants. Therefore, the tenant should seek the advice of an attorney.

Category: Civil Division
What is bond? What is surety?

A bond is a written promise that one will faithfully perform his/her duties as Executor or Administrator.  The bond is set at an amount greater than the estate value and is payable to the Commonwealth of Virginia. A bond issued on behalf of an estate ensures that the person appointed as Administrator or Executor properly administers the assets of the estate.  This, in turn, safeguards the interests of creditors, heirs, beneficiaries and the Commonwealth as their interests relate to the estate.  If neither the will nor Virginia law waive surety on a bond, surety will need to be posted on the bond.  Surety has the effect of insuring the bond, should it become payable.  Most often, surety or security is obtained through an insurance agent or bonding company.  The company must have the authority to execute bonds in this Court.  A premium proportionate to the value of the estate is paid to the agent or bonding company.

Category: Probate
When should I call 9-1-1?

You should call 9-1-1 for police, fire and medical service when an emergency has just occurred or is still in progress and an immediate response is needed. When you call, you should clearly state your address, the emergency service that is needed (police, fire, and ambulance), provide all of the information requested, and stay on the line until you are told to disconnect

Category: Communications
When will contractors be working?

Work is to be completed between 7 a.m. and 5:30 p.m., Monday through Friday. Contractors can work on Saturdays with advanced approval. No Sunday construction work is permitted.

Category: ZXR System
18.2-137. Injuring, etc., any property, monument, etc.

A. If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury. 

B. If any person intentionally causes such injury, he shall be guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage or removal of such property, or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution. 
(Code 1950, § 18.1-172; 1960, c. 358; 1975, cc. 14, 15, 598; 1990, c. 933; 
1999, c. 625.)

Category: Crime Definitions
How do I arrange for surety?

If it is determined that surety on a bond is required, an insurance agent or bonding company should be contacted to act as surety.  This Clerk's Office can assist in locating and arranging surety when necessary. 

Category: Probate
I have received my judgment in court for the money owed me, why haven't I received my money?

Obtaining judgment and enforcing judgments are two different actions. While the plaintiff may have won his case in court, it is up to the plaintiff to pursue collection remedies. The method of collection will vary according to each case and the assets and information available. One method of collecting your money is through the Writ of Fieri Facias process also known as the Writ of FiFa. We refer to this as the levy process. The Writ of FiFa authorizes the Sheriff to levy (inventory) property owned by the judgment debtor which is later sold at public auction to recover the debt. This is a time consuming and sometimes costly process. If you know where the debtor works or where his bank account is located, you may ask the clerk of the court where you obtained judgment to issue a Garnishment Summons. This requires the third party debtor (employer or lending institution) to pay the money owed to the court who will later disburse to the plaintiff.

Category: Civil Division
What are potential construction impacts to residents?

Residents should use caution when traveling the Route 250 corridor. Crews will be working along the route throughout the project. There is potential for minimal traffic changes and delays as the contractors progress through construction. Drivers should be alert in the area.

Category: ZXR System
What if an unexpected emergency keeps me from coming to the courthouse?

It is very important that all jurors report when selected and that they report on time.  A minimum number of jurors is required for a jury trial to begin.  Your tardiness may delay the start of a trial.  Your absence could prevent the trial from going forward, inconveniencing not only the parties and witnesses involved but also your fellow jurors who did report as instructed.  In the event of a true emergency (sudden illness or a death in the family), contact the Jury Coordinator in the Circuit Court Clerk’s Office by telephone at 434-591-1970 as soon as possible.  The Jury Coordinator will document the reason you are not available to report.  The Clerk’s Office does NOT have the authority to excuse anyone from jury duty within the seven days prior to trial; we will, however, communicate to the Court the reason you did not report.

Category: Petit (Trial) Jury FAQ
When should I NOT call 9-1-1?

You should not use 9-1-1 if you are reporting anything that has occurred prior to the current time (like yesterday, days before, or even weeks before). You should not call 9-1-1 for information about weather or road conditions, power outages, directions, etc. 9-1-1 should only be used for only emergencies.

For questions about roads you can call VDOT at 1(800) FOR-ROAD or 1 (800) 367-7623 or go to their website at http://www.virginiadot.org/.

For power issues concerning Central VA Electric Cooperative you can contact them at 1 (800) 367-2832 or http://www.forcvec.com/.

for Dominion Virginia Power 1 (866) 366-4357 or https://www.dom.com.

For Rappahannock Electric Cooperative 1 (800) 552-3904 or http://www.myrec.coop.

Fpr Appalachian Power 1 (800) 956-4237 or https://www.appalachianpower.com.

Category: Communications
Where and when can I get fingerprinted?

Fluvanna County Sheriff's Office does fingerprinting at the office on Mondays and Wednesday's from 9am-11 am.  You must bring your Driver's License or Identification Card and ten dollars cash.  The Sheriff's Office does not accept personal checks.  The cost for fingerprinting is ten dollars per request.  In addition to fingerprinting, the Sheriff's Office will do local background checks for you at a cost of ten dollars per request.

Category: Sheriff's General
18.2-95. Grand larceny defined; how punished.

Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. 
(Code 1950, § 18.1-100; 1960, c. 358; 1966, c. 247; 1975, cc. 14, 15, 603; 1980, c. 175; 1991, c. 710; 1992, c. 822; 1998, c. 821.)

Category: Crime Definitions
How do I obtain a copy of an accident/incident report?

In order to obtain a copy of an accident/incident report you need to contact Executive Assistant Martha Gatlin at (434) 589-8211.  Please contact Mrs. Gatlin before you come to the Sheriff's office so that she has time to gather all of the necessary paperwork you need before you show up.  The cost of a copy of a report is ten dollars for the victim of the crime or accident after 30 days and ten dollars for all other requests.

Category: Sheriff's General
I need to have a divorce process served in another state but it is issued out of a Virginia court. How do I go about this?

Every Sheriff should have a directory of all Sheriff's in the United States. You could contact your local sheriff either by phone or by E-mail and request the address for that jurisdiction. Or via the Internet, contact the National Sheriffs' Association at http://www.sheriffs.org or write to 1450 Duke Street, Alexandria, Virginia, 22314-3490 703/836/7827. For locating Virginia Sheriff's, you can contact the Virginia Sheriff's Association at http://www.virginiasheriffs.org or by writing to 701 East Franklin Street, Suite 706, Richmond, Virginia 23219 Phone(804) 225-7152 Fax(804) 225-7162

Category: Civil Division
What fees, taxes, and costs will I need to pay upon probate or qualification?
  • State probate tax - ($.10/$100 value of probate assets)
  • County probate tax - (1/3 of state probate tax)
  • Recordation of will - $16.00 up to 10 pages (including the Clerk's Order - testate only)
  • Recordation of list of heirs - $16.00 (testate and intestate)
  • Recordation of Affidavit of Notice - $16.00 (if required by Section 64.2-508)
  • Transfer fee $1.00/parcel - (only if real estate involved)
  • Clerk's fee - maximum $30
  • Certificate of qualification - $2.00 each (two included in base fee)

This list does include fees that may be due for later filings or fees due to the Commissioner of Accounts.

Category: Probate
Will there be job opportunities for Fluvanna residents?

There may be skilled and unskilled opportunities for Fluvanna residents. Each contractor handles its own hiring. As the County becomes aware of job opportunities, the County will publicize them.

Category: ZXR System
18.2-96. Petit larceny defined; how punished.

Any person who:

1. Commits larceny from the person of another of money or other thing of value of less than $5, or

2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

Category: Crime Definitions
How will I know what to expect during my jury service?

The morning that you arrive for jury duty you will attend an orientation that will explain your role as juror and the trial process.  In addition, a staff member will take attendance, provide additional information and answer any questions you might have.

Category: Petit (Trial) Jury FAQ
My child support payments are taken out of my pay check but the Deputy came by with Department of Child Support Enforcement papers. I am not behind on my child support payments, why is DCSE serving me with papers?

From time to time DCSE updates their files. They use the Sheriff's services for notification because it is free. If you have questions about your payments, or notice a discrepancy in the amount of payments, you should contact your local DSCE office for correction.

Category: Civil Division
What do I do if I suspect I am the victim of fraud?

If you suspect that you are either the victim of a fraud, a scam, or that you have received an email that seems fraudulent then you can go to several different websites to report such.  The first website you may visit is the National Consumers League's Fraud Center at fraud.org. The second website you can visit is the Federal Trade Commission at ftc.gov.  The third website you can visit and report the potential fraud to is the Internet Complaint Center at www.ic3.gov/default.aspx.

Category: Sheriff's General
What should I bring with me to a probate appointment?

TESTATE (with a will): 

  • original will- copy not acceptable
  • certified copy of death certificate
  • payment for all applicable taxes and fees
  • witnesses to will or depositions of witnesses, if not self-proving
  • approx. dollar value of probate assets
  • names, ages and addresses of heirs at law and devisees listed in will
  • notarized renunciation of executor named in will who does not wish to serve (if applicable)

INTESTATE (without a will): 

  • certified copy of death certificate
  • approx. dollar value of probate assets
  • names, ages and addresses of heirs at law
  • if within 30 days from date of death, consent of all heirs at law who do not wish to qualify
  • payment for all applicable taxes and fees

 

Category: Probate
18.2-108. Receiving, etc., stolen goods.

If any person buy or receive from another person, or aid in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender be not convicted. 
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15.)

Category: Crime Definitions
A notice was left on my door for my relative who doesn't live here. What's this all about?

As much as we would like to tell you, we are prohibited from discussing the process with anyone other than for the person to whom it is issued. Think of it this way, would you like the Sheriff discussing a process for you with a neighbor or separated spouse? What you can do is either provide us with a phone number and address so that we can contact them, or have the relative call us.

Category: Civil Division
Definitions (Source: A Guide to Administration of Decedents' Estates in Virginia, The Virginia Bar Association)

Administrator: the person appointed by, and qualified before, the Clerk to administer the decedent’s estate when the decedent has no will or has a will that does not name an executor or all executors named decline to serve.

Beneficiary: a person or entity entitled to receive a portion of the estate.

Bond: a written promise, recorded in the Clerk’s Office, by the administrator to perform his or her obligations and duties.

Certificate of Qualification: the written document created by the Clerk, under seal, at the time the personal representative qualifies to administer the estate. Sometimes referred to as "letters testamentary."

Clerk or Clerk’s Office: the Clerk of the Circuit Court that has jurisdiction to probate the will and appoint the administrator or executor of the estate.

Commissioner of Accounts: the person appointed by the Court to oversee the reports and activities of personal representatives.

Court: the Circuit Court that has jurisdiction to probate wills and to qualify administrators and executors.

Creditor: a person or organization owed money by the decedent.

Decedent: the deceased person.

Estate: the decedent’s property, including real estate, personal property and any other assets owned or controlled by the decedent at the time of his or her death.

Executor: the person named in the decedent’s will to administer the estate who accepts appointment by qualifying before the Clerk.

Fiduciary: a person in a position of trust with respect to another’s property; a general term used to refer to executor, administrator or trustee.

Heirs/Heirs at Law: the persons who would inherit the decedent’s estate if the decedent died intestate, as determined by law at the time of the decedent’s death.

Intestate: dying without a will.

Intestate Succession: the order in which family members are to inherit property from a decedent who dies intestate, as set forth at Virginia Code Sections 64.2-200 and 64.2-201.

Inventory: the list or schedule describing the decedent’s assets over which the personal representative has authority. (Clerk will provide a printed form.)

Legatee: a person who may inherit property under a will; a more technical name for beneficiary.

Notice of Probate: the required notice of certain information given to beneficiaries and heirs. (Clerk will provide a printed form.)

Personal Representative: a term used to mean either the executor or the administrator of the estate, as the context requires.

Probate: the procedure whereby a will is admitted to record in the Clerk’s Office; the process of qualifying a person as executor or administrator of an estate; also sometimes used generally to refer to the entire process of administering an estate.

Qualification: the procedure whereby a person is appointed by the Clerk to serve as executor or administrator of a decedent’s estate.

Self-Proving Affidavit: an affidavit, given under oath, by the testator and witnesses, and notarized, that proves the Will was signed and witnessed in accordance with Virginia law.

Testate: dying with a will.

Testator: a person who makes a will.

Will: a written document that directs how, when, and to whom the Testator wants his or her property distributed after death.

Category: Probate
How much does the project cost?

The County is paying over $10.5 million in construction of the system.  Design phase of the project cost $1.1 million.  The entire system costs $11.63 million, including construction contingency funds.

Category: ZXR System

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