Frequently Asked Questions
1. Why does the deputy keep coming to my house when I told him the person does not live here?
We understand family members move out and return to the same address. We would very much appreciate it if the person who needs to be served contact the court that’s issuing the paper, so you can give them your correct address.
2. Why can’t I come to the Sheriff’s Office to pick up a paper for my husband/wife?
Some paperwork requires us to serve the person on the document in person only.
3. If I pay my debt before the court date, do I have to appear?
A deputy will never tell you not to appear in court. It is in your best interest to appear. You can contact the court for additional information.
4. I moved out of my boyfriend/girlfriend's house and I left my personal property. He/she will not let me get my property. Can you send a deputy out to help me get my property?
The Rockingham County Sheriff’s Office does not recover personal property unless there is an order from a judge.
https://www.vacourts.gov/forms/district/dc414.pdf
5. I have a notice on my front door stating the Rockingham County Sheriff’s Office will break and enter to retrieve items for a furniture company. Can they do this?
If you are not home on the date and time specified on the notice, the Rockingham County Sheriff’s Office will forcibly break and enter in the daytime to execute the Writ of Possession, Pursuant to Section 8.01-470 Code of Va.
You may contact the Rockingham County Sheriff’s Office Civil Division or contact the business/Plaintiff on the notice. If you pay off the Judgement or make payment arrangements, the plaintiff has the option of cancelling the Writ of Possession. Contact the Civil Sergeant for more information at 540-564-3817.
6. A deputy posted a paper on my door and the person does not live here. He/she lived at this address before me. What do I do with the court paper?
Contact the Rockingham County Sheriff’s Office Civil Division. Give the name, address, and see if there is a B.F. Hutcheson-Sheriff stamp on the paper. A deputy will come and get the paper. If there is no Sheriff stamp on the paper contact the court, as it was most likely served by a 3rd party company.
7. A furniture store is going to repossess my furniture. Can I return the items myself?
Yes, make sure you return the furniture or pay the balance before the day of the repossession. The furniture company will contact the Sheriff’s Office to cancel the repossession.
8. A deputy left an orange card on my door. What does it mean?
The Orange Card is a Notification Card to contact the Deputy. This is done when the Deputy has paperwork that the Court requires us to serve in person only.
9. My landlord gave me a 5 Day Notice (Pay or Quit Notice) to vacate his/her property. Can he/she do this?
Yes, Code of Va. 55.1-1245. Failure to pay certain rents after (5) five days notice forfeits right of possession.
10. My landlord gave me a 30 Day Notice to vacate his/her property. Can he/she do this if my rent is paid?
Yes, Code of Va. 55.1-1253. 30 Day Notice Breach of Lease.
11. Can I pay my rent and have the eviction that is currently scheduled canceled?
Notice to Defendant (Tenant): If the landlord has checked the box that this writ of eviction is requested pursuant to the Virginia Residential Landlord and Tenant Act, and the only reason for the entry of an order of possession was nonpayment of rent, then you, or someone on your behalf, may pay the landlord, the landlord’s attorney or the court all amounts claimed on the Summons for Unlawful Detainer, including current rent, damages, late fees, costs of court, any civil recovery, attorney fees and sheriff fees, including the sheriff fees for service of the writ of eviction if payment is made after issuance of the writ, no less than 48 hours before the date and time scheduled by the sheriff for the eviction, in order to avoid the eviction. You may pay by cashier’s check, certified check or money order. If you appeal the unlawful detainer case and pay any required bond, writ tax and costs after the sheriff has served the notice of intent to execute the writ of eviction, you must notify the sheriff of your appeal. See VA CODE https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1250/
