FAQs

How should I dress?

You should wear comfortable, but appropriate attire. Dress code is business casual.  Casual clothes such as shorts, tank tops, jeans, and halter-tops are not appropriate.  Your clothing should be neat and clean. Please keep in mind that the temperature in courtroom varies, so please plan accordingly.

Category: Petit (Trial) Jury FAQ
18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty.

A. Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale. 

B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony. 

C. A violation of this section constitutes a separate and distinct offense. (2003, c. 831.)

Category: Crime Definitions
How is the County paying for the project?

The County will utilize a combination of debt financing and cash savings to pay for the project.  The County used $8.5 million in debt proceeds to pay for the two-thirds of the project.  An additional $3.13 million will be paid from cash savings.

Category: ZXR System
Is it possible that I might report for jury duty, but not actually sit on a jury?

Yes.  It is necessary to summon more jurors than will actually be required to sit on the jury.  Among other reasons, jurors may have a conflict with the case because they know or are related to an attorney, a party, witness, or alleged victim, and will have to be excused.  However, your time is not wasted – this is a necessary process.  If this happens, you are still entitled to payment in the amount of $30.

Category: Petit (Trial) Jury FAQ
Whom should I contact if I have questions or if I need to make an appointment for probate and/or qualification?

Fluvanna County Circuit Court

72 Main Street, Post Office Box 550

Palmyra, VA  22963

(434) 591-1970

Category: Probate
Why do I have to go to court about collection matters after filing for bankruptcy?

Filing of bankruptcy protects the debtor from any creditor process, i.e., collection of debts. However, the court would not have any knowledge that a debtor filed bankruptcy. This is why it is important to appear or notify the court that bankruptcy has been filed. Once a show cause has been issued for failure to appear, the process now becomes a criminal matter (contempt of court) and the deputy must serve the process, unless the court recalls the order. If the debtor fails to appear on the show cause, a capias for the defendant's arrest will be issued. This could be avoided by taking care of the problem in the beginning.

Category: Civil Division
How long will I be in court?

The attorneys involved in a trial have provided the Court with an estimate of the amount of time they expect will be required to complete the trial.  It is not possible to predict exactly how long a trial will last as one of the largest variables is how long it will take for the jury to reach a unanimous agreement.  You will be given a lunch break and possibly a mid-morning and/or mid-afternoon break as well.  If you find that you need a break at another time, please notify the bailiff (the Sheriff’s deputy at the front of the courtroom).  If you have late afternoon or early evening responsibilities, it is recommended that you have an alternate in place to cover these responsibilities.

Category: Petit (Trial) Jury FAQ
I live in the service area. Will I be required to join the system?

If you have a working well and sewer (septic) serving your property, you will not be required to join the system.  If you can receive a permit to rebuild or repair your well or sewer (septic) you will not be required to join the system.

Category: ZXR System
Why can't I come down to your office to pick up papers for my spouse?

The laws relating to service of process are specific. If the person to be served is a party to the suit, they must be served in person at a business. Additionally, it may be a process which requires personal service, regardless of where it is served, and service at our office may be more convenient to the individual being served.

Category: Civil Division
After qualifying, whom should I contact if I have questions regarding my reporting responsibilities? Whom should I contact when I am ready to close the estate?

(The Commissioner of Accounts is an attorney commissioned by the Circuit Court Judge to oversee the actions of fiduciaries and is responsible for reviewing and approving inventories and accountings.)

Commissioner of Accounts
Barbara Wright Goshorn, Esq.
 

Mailing address:
P.O. Box 177
Palmyra, VA  22963

Physical address:
32 Main Street
Palmyra, VA  22963

(434) 589-2694 phone
(434) 589-6262 fax

Category: Probate
How much will it cost to join the system?

Connection and usage fees have not been determined yet.  The Board will ultimately set those fees at an advertised public hearing.

Category: ZXR System
I have received a summons for jury duty but I have an illness or disability that I believe would prevent me from serving jury. What do I need to do?

In order to be considered to be excused from serving jury duty for a medical condition, you will need to provide a statement from your physician documenting that your condition is permanent and not likely to improve, and stating that in your physician’s opinion you are not physically, mentally or emotionally able to serve jury duty.  You will need to complete the Jury Questionnaire that came with the summons.  The doctor’s statement may be returned to the Clerk’s Office with the completed Jury Questionnaire in the self-addressed envelope provided, or it can be mailed separately to the Jury Coordinator at the Circuit Court Clerk’s Office at P.O. Box 550, Palmyra, VA  22963, or it may be faxed to the Clerk’s Office to the attention of the Jury Coordinator at 434-591-1971.  If the statement from your physician is being submitted separately, please note this on the Jury Questionnaire.  You are NOT EXCUSED until you have spoken directly with the Jury Coordinator and have verbal confirmation of the excusal.  It is your responsibility to follow up with this office and verify receipt of the required information and confirmation of excusal.  If you do not appear for jury service, you could be held in contempt of court for failure to appear.

Category: Petit (Trial) Jury FAQ
If I pay the debt before the court date, do I have to still go to court?

If the process indicates the debtor does not have to appear in court, the debtor may elect to pay the debt and forego going to court. However, the debtor takes a risk in doing so. If for some reason the payment gets lost and debtor fails to appear in court, judgment will be obtained by default. It is more difficult to reverse a judgment than it is to simply appear in court to ensure the debtor's rights are protected. For this reason, all deputies will encourage a person to appear in court when requested to do so.

Category: Civil Division
I have received a summons for jury duty but I am a student living outside of the Fluvanna County area during the time period I am required to serve. What do I do?

There is no statutory exemption from serving jury duty for students.  You will need to complete the Jury Questionnaire and return it by the date requested.  Please note on the sheet that you are a student, identify where you are attending classes and specify any dates that you will be back in the Fluvanna County area and available to serve jury duty.  You must contact the Jury Coordinator at 434-591-1970 to work out a time when you can be available to serve.  You are NOT EXCUSED until you have spoken directly with the Jury Coordinator and have verbal confirmation of the excusal or deferral. 

Category: Petit (Trial) Jury FAQ
I paid my late rent but the landlord had a Deputy post a notice to vacate on my door. Can the landlord still evict me?

There are several remedies available to both the tenant and the landlord. Therefore, it is suggested each party seeks the advice of an attorney. From the Sheriff's perspective, however, once the Writ has been placed in his hand, it is considered a valid writ and the eviction can take place, even if the rent has been paid. Of course, those remedies mentioned could stop an eviction from proceeding.

Category: Civil Division
Where can I sign up for updates on the construction of the system?

You can email water@fluvannacounty.org to be included in progress reports. You also can continue to come to the Zion Crossroads Water and Sewer System webpage to see updates: www.FluvannaCounty.org/ZXRWSS.

Category: ZXR System
I am a landlord who has a delinquent tenant. I went to court and obtained my judgment to have the tenant evicted. However, today the tenant told me he filed bankruptcy. I want them out! Why won't you go out and evict them like I asked?

Filing of bankruptcy stops all civil actions against the tenant. This includes the eviction process because the debtor's estate, personal or real, is protected by the bankruptcy court. In order for the landlord to go forward with the eviction, he must obtain from the bankruptcy court, an order granting relief from stay. Without this, the Sheriff will not evict.

Category: Civil Division
I have received a summons for jury duty but I no longer live in Fluvanna County. Am I still required to serve jury duty in Fluvanna Circuit Court?

Former residents of Fluvanna County are not required to serve jury duty once they have moved their legal residence out of the county.  You will need to complete the Jury Questionnaire and return it by the date requested.  Please note your new address on the form and note that you are no longer a resident of Fluvanna County.

Category: Petit (Trial) Jury FAQ
I have received a summons for jury duty but I am 70 years of age or older and do not wish to serve. How do I communicate this to the court?

Any citizen who is 70 years or older may choose not to serve jury duty under the statutory exemption provided.  You will need to complete the Jury Questionnaire and return it by the date requested.  Please include your date of birth, note that you are 70 years old or older and do not wish to serve.  Please follow up with the Jury Coordinator at 434-591-1970 to ensure we have received your request.   

Category: Petit (Trial) Jury FAQ
I've heard that sale of automobiles that are confiscated by the police are going to auction. Who do I contact for information about those sales?

Vehicles and property used in the commission of a crime can be confiscated by the Commonwealth and sold. While the Sheriff stores the confiscated vehicles, the sales of those vehicles are handled by the Civil Division Commander who can be reached at 589-8211.

Category: Civil Division
I found this paper on the door and this person doesn't live here. What do I do with the paper?

It is important to understand that the Sheriff is not the only person who serves processes. Private process servers are also permitted to serve process. However, if you should find a process on your door for someone who doesn't live there, regardless of who may have served it, call our office at 589-8211 and we may send a deputy to pick it up. When calling us we will need some information, such as who you are, the address where the process was left, if you are related to the person to be served, if there is any forwarding address or phone number, and how long ago the person moved away.

Category: Civil Division
I moved out of the place where I was living and left some of my things there. The person won't let me in to get them. I need a law enforcement officer to go with me to get my things. How can I arrange this?

Unfortunately, the Sheriff does not assist in recovery of specific personal property unless he has a court order in hand. If the person will not return the property, the owner of the property may have to go to the court to obtain an order called a Writ of Possession in Detinue to have the Sheriff assist in recovery of the withheld property. This takes time, but if the owner believes the property will be sold or removed from the Commonwealth, the owner can go to the magistrate to request a Detinue Seizure Order. This process is more expensive and the party should seek the advice of an attorney to determine if this is the best route for recovery of the property.

Category: Civil Division
Who specifically is exempt from serving jury duty and how does an individual who may be eligible for an exemption document their situation and communicate their desire not to serve?

Virginia Code § 8.01-341 provides a list of those who are exempt from serving jury duty.  Virginia Code § 8.01-341.1 provides a list of persons who may serve on juries in civil and criminal cases but who shall be exempt from jury service upon their request.  If you believe you qualify as exempt from jury service under either of these statutes, you will need to complete the Jury Questionnaire and return it by the date requested.  Please include a detailed description of your situation and the exemption you believe applies to your situation.  Please follow up with the Jury Coordinator at 434-591-1970 to ensure we have received your request. 

Category: Petit (Trial) Jury FAQ
I am a juror who was requested to report for jury duty and I reported to the courthouse on the specified day and at the specified time. When can I expect to receive my check for serving jury duty?

Upon completion of the trial, staff in the Circuit Court Clerk’s Office submits paperwork to the County Treasurer’s Office showing which jurors have reported.  The Treasurer's Office, in turn, processes this information and cuts the checks.  While the Treasurer’s Office makes every effort to process, cut and mail out the juror checks as soon as it can, it may, however, take several weeks for a juror to receive payment.

Category: Petit (Trial) Jury FAQ
I have been given custody of my child but other parent refuses to return the child to me. Will a Deputy go with me to help me get my child back?

Unless there is a specifically worded order in the Sheriff's hands directing him to take custody of a child, he will not. Any custody order obtained in another state other than Virginia is not recognized here and must be filed with a Virginia Juvenile and Domestic Relations District Court to ensure the foreign order complies with Virginia law.

Category: Civil Division

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