Bill Text: VA HB1248 | 2024 | Regular Session | Chaptered
Bill Title: Debtor interrogatories; fieri facias, against whom a summons shall be issued.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0744) [HB1248 Detail]
Download: Virginia-2024-HB1248-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-506 of the Code of Virginia is amended and reenacted as follows:
§8.01-506. Proceedings by interrogatories to ascertain estate of debtor; summons; proviso; objections by judgment debtor.
A. To ascertain the personal estate of a judgment debtor, and
to ascertain any real estate, in or out of this the Commonwealth,
to which the debtor named in a judgment and fieri facias is entitled, upon the
application of the execution creditor, the clerk of the court from which such
fieri facias issued shall issue a summons against (i) the execution debtor,;
(ii) any officer, manager, or partner of the a corporation,
limited liability company, partnership, or other business entity if such
execution debtor is a corporation an entity having an office in
this the Commonwealth,; (iii) any employee of a
corporation such entity if such execution debtor is a corporation
an entity having an office but no known officers, managers, or
partners in the Commonwealth, provided that a copy of the summons
shall also be served upon the registered agent of the corporation,
such entity; or (iv) any debtor to, or bailee of, the execution debtor
if the judgment creditor or such judgment creditor's attorney files an
affidavit that he knows or reasonably suspects such person to be a debtor to,
or bailee of, the execution debtor.
B. The summons shall require him to appear before the court from which the fieri facias issued or a commissioner of the county or city in which such court is located, or a like court or a commissioner of a county or city contiguous thereto, or upon request of the execution creditor, before a like court or a commissioner of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, to answer such interrogatories as may be propounded to him by the execution creditor or his attorney, or the court, or the commissioner, as the case may be. If the execution creditor requests that the summons require the execution debtor to appear before a like court of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, the case may be filed or docketed in accordance with the requirements of §8.01-506.2 prior to issuance of the summons.
C. Provided, however, that as a condition precedent to
Before proceeding under this section, the execution creditor has
furnished shall furnish to the court a certificate setting forth
that he has not proceeded against the execution debtor under this section
within the six months last preceding the date of such certificate. Except
that for However, for good cause shown, the court may, on motion of
the execution creditor, issue an order allowing further proceedings before a
commissioner by interrogatories during the six-month period. Any judgment
creditor who knowingly gives false information upon any such certificate made
under this article shall be is guilty of a Class 1 misdemeanor.
The issuance of a summons that is not served shall not constitute the act of
proceeding against an execution debtor for purposes of making the certificate
required by this subsection.
D. The debtor or other person served with such summons shall
appear at the time and place mentioned and make answer to such interrogatories.
The commissioner shall, at the request of either of the parties, enter in his
proceedings and report to the court mentioned in §8.01-507.1, any and
all objections taken by such debtor against answering such interrogatories, or
any or either of them, and if the court afterwards sustains any one or more of
such objections, the answers given to such interrogatories as to which
objections are sustained shall be held for naught in that or any other case.
E. Notwithstanding the foregoing provisions of this section,
the court from which a writ of fieri facias issued, upon motion by the
execution debtor and, or by a person summoned pursuant to clause (iv)
of subsection A, for good cause shown, shall transfer debtor interrogatory
proceedings to a more convenient forum more convenient to the
execution debtor.