{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1099.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1099.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1099.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1099.10.html"}],"law_id":79166,"edition_id":1,"section_id":79166,"structure_id":13582,"section_number":"13.1-1099.10","catch_line":"Enforcement of claim against non-associated asset","history":"2019, c. 636.","full_text":"A\n\nAs used in this section:\n\t\t\t“Enforcement date” means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company or protected series of the series limited liability company in an action seeking to enforce under this section a claim against an asset of the series limited liability company or protected series by attachment, levy, or other action.\n\t\t\t“Incurrence date” means, subject to subsection B of § 13.1-1099.20, the date on which a series limited liability company or protected series of the series limited liability company incurred the liability giving rise to a claim that a claimant seeks to enforce under this section.B\n\nIf a claim against a series limited liability company or a protected series of the series limited liability company has been reduced to judgment, in addition to any other remedy provided by law or equity, the judgment may be enforced in accordance with the following rules:1\n\nA judgment against the series limited liability company may be enforced against an asset of a protected series of the series limited liability company if the asset:\n\t\t\t\ta. Was a non-associated asset of the protected series on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset of the protected series on the enforcement date.2\n\nA judgment against a protected series may be enforced against an asset of the series limited liability company if the asset:\n\t\t\t\ta. Was a non-associated asset of the series limited liability company on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset of the series limited liability company on the enforcement date.3\n\nA judgment against a protected series may be enforced against an asset of another protected series of the series limited liability company if the asset:\n\t\t\t\ta. Was a non-associated asset of the other protected series on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset of the other protected series on the enforcement date.C\n\nIn addition to any other remedy provided by law or equity, if a claim against a series limited liability company or a protected series of the series limited liability company has not been reduced to a judgment and law other than this article permits a prejudgment remedy by attachment, levy, or other action, the court may apply subsection B as a prejudgment remedy.D\n\nIn a proceeding under this section, the party asserting that an asset is or was an associated asset of a series limited liability company or a protected series of the series limited liability company has the burden of proof on the issue.E\n\nThis section applies to an asset of a foreign series limited liability company or foreign protected series of the foreign series limited liability company if:1\n\nThe asset is real or tangible property located in the Commonwealth;2\n\nThe claimant is a resident of the Commonwealth or transacting business or registered to transact business in the Commonwealth, or the claim under this section is to enforce a judgment, or to seek a pre-judgment remedy, pertaining to a liability arising from law of the Commonwealth other than this article or an act or omission in the Commonwealth; and3\n\nThe asset is not identified in the records of the foreign series limited liability company or foreign protected series of the foreign series limited liability company in a manner comparable to the manner required by § 13.1-1099.2.","order_by":null,"text":{"0":{"id":283504,"text":"As used in this section:\n\t\t\t“Enforcement date” means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company or protected series of the series limited liability company in an action seeking to enforce under this section a claim against an asset of the series limited liability company or protected series by attachment, levy, or other action.\n\t\t\t“Incurrence date” means, subject to subsection B of § 13.1-1099.20, the date on which a series limited liability company or protected series of the series limited liability company incurred the liability giving rise to a claim that a claimant seeks to enforce under this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283505,"text":"If a claim against a series limited liability company or a protected series of the series limited liability company has been reduced to judgment, in addition to any other remedy provided by law or equity, the judgment may be enforced in accordance with the following rules:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":283506,"text":"A judgment against the series limited liability company may be enforced against an asset of a protected series of the series limited liability company if the asset:\n\t\t\t\ta. Was a non-associated asset of the protected series on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset of the protected series on the enforcement date.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":283507,"text":"A judgment against a protected series may be enforced against an asset of the series limited liability company if the asset:\n\t\t\t\ta. Was a non-associated asset of the series limited liability company on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset of the series limited liability company on the enforcement date.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":283508,"text":"A judgment against a protected series may be enforced against an asset of another protected series of the series limited liability company if the asset:\n\t\t\t\ta. Was a non-associated asset of the other protected series on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset of the other protected series on the enforcement date.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":283509,"text":"In addition to any other remedy provided by law or equity, if a claim against a series limited liability company or a protected series of the series limited liability company has not been reduced to a judgment and law other than this article permits a prejudgment remedy by attachment, levy, or other action, the court may apply subsection B as a prejudgment remedy.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":283510,"text":"In a proceeding under this section, the party asserting that an asset is or was an associated asset of a series limited liability company or a protected series of the series limited liability company has the burden of proof on the issue.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":283511,"text":"This section applies to an asset of a foreign series limited liability company or foreign protected series of the foreign series limited liability company if:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"8":{"id":283512,"text":"The asset is real or tangible property located in the Commonwealth;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":283513,"text":"The claimant is a resident of the Commonwealth or transacting business or registered to transact business in the Commonwealth, or the claim under this section is to enforce a judgment, or to seek a pre-judgment remedy, pertaining to a liability arising from law of the Commonwealth other than this article or an act or omission in the Commonwealth; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"10":{"id":283514,"text":"The asset is not identified in the records of the foreign series limited liability company or foreign protected series of the foreign series limited liability company in a manner comparable to the manner required by § 13.1-1099.2.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2"}},"ancestry":[{"id":13582,"edition_id":1,"name":"Protected Series","identifier":"16","label":"article","depth":3,"order_by":1,"parent_id":12817,"metadata":{},"date_created":"2026-06-26 03:45:18","date_modified":"2026-06-26 03:45:18","permalink":{"id":148583,"object_type":"structure","relational_id":13582,"identifier":"16","token":"13.1\/12\/16","url":"\/13.1\/12\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12817,"edition_id":1,"name":"Virginia Limited Liability Company Act","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12744,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":148351,"object_type":"structure","relational_id":12817,"identifier":"12","token":"13.1\/12","url":"\/13.1\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12744,"edition_id":1,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":147493,"object_type":"structure","relational_id":12744,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66470,"structure_id":13582,"section_number":"13.1-1088","catch_line":"Definitions","url":"\/13.1-1088\/","token":"13.1\/12\/16\/13.1-1088","metadata":false},{"id":74889,"structure_id":13582,"section_number":"13.1-1089","catch_line":"Nature of protected series","url":"\/13.1-1089\/","token":"13.1\/12\/16\/13.1-1089","metadata":false},{"id":59342,"structure_id":13582,"section_number":"13.1-1090","catch_line":"Powers and duration of protected series","url":"\/13.1-1090\/","token":"13.1\/12\/16\/13.1-1090","metadata":false},{"id":55148,"structure_id":13582,"section_number":"13.1-1091","catch_line":"Governing law","url":"\/13.1-1091\/","token":"13.1\/12\/16\/13.1-1091","metadata":false},{"id":62538,"structure_id":13582,"section_number":"13.1-1092","catch_line":"Relation of operating agreement, this article, and the other articles of this chapter","url":"\/13.1-1092\/","token":"13.1\/12\/16\/13.1-1092","metadata":false},{"id":84976,"structure_id":13582,"section_number":"13.1-1093","catch_line":"Additional limitations on operating agreement","url":"\/13.1-1093\/","token":"13.1\/12\/16\/13.1-1093","metadata":false},{"id":84390,"structure_id":13582,"section_number":"13.1-1094","catch_line":"Rules for applying other articles of this chapter to specified provisions of this article","url":"\/13.1-1094\/","token":"13.1\/12\/16\/13.1-1094","metadata":false},{"id":62260,"structure_id":13582,"section_number":"13.1-1095","catch_line":"Protected series designation; amendment","url":"\/13.1-1095\/","token":"13.1\/12\/16\/13.1-1095","metadata":false},{"id":57931,"structure_id":13582,"section_number":"13.1-1096","catch_line":"Name","url":"\/13.1-1096\/","token":"13.1\/12\/16\/13.1-1096","metadata":false},{"id":56560,"structure_id":13582,"section_number":"13.1-1097","catch_line":"Registered office and registered agent","url":"\/13.1-1097\/","token":"13.1\/12\/16\/13.1-1097","metadata":false},{"id":62325,"structure_id":13582,"section_number":"13.1-1098","catch_line":"Service of process, notice, or demand","url":"\/13.1-1098\/","token":"13.1\/12\/16\/13.1-1098","metadata":false},{"id":54545,"structure_id":13582,"section_number":"13.1-1099","catch_line":"Effectiveness of notice","url":"\/13.1-1099\/","token":"13.1\/12\/16\/13.1-1099","metadata":false},{"id":83120,"structure_id":13582,"section_number":"13.1-1099.1","catch_line":"Annual registration fees","url":"\/13.1-1099.1\/","token":"13.1\/12\/16\/13.1-1099.1","metadata":false},{"id":79166,"structure_id":13582,"section_number":"13.1-1099.10","catch_line":"Enforcement of claim against non-associated asset","url":"\/13.1-1099.10\/","token":"13.1\/12\/16\/13.1-1099.10","metadata":false},{"id":55453,"structure_id":13582,"section_number":"13.1-1099.11","catch_line":"Events causing dissolution of protected series","url":"\/13.1-1099.11\/","token":"13.1\/12\/16\/13.1-1099.11","metadata":false},{"id":63314,"structure_id":13582,"section_number":"13.1-1099.12","catch_line":"Winding up dissolved protected series; voluntary cancellation","url":"\/13.1-1099.12\/","token":"13.1\/12\/16\/13.1-1099.12","metadata":false},{"id":57119,"structure_id":13582,"section_number":"13.1-1099.13","catch_line":"Waiver of cancellation upon dissolution; reinstatement of series limited liability company","url":"\/13.1-1099.13\/","token":"13.1\/12\/16\/13.1-1099.13","metadata":false},{"id":75947,"structure_id":13582,"section_number":"13.1-1099.14","catch_line":"Protected series may not be party to entity transaction","url":"\/13.1-1099.14\/","token":"13.1\/12\/16\/13.1-1099.14","metadata":false},{"id":59476,"structure_id":13582,"section_number":"13.1-1099.15","catch_line":"Restrictions on entity transaction involving a series limited liability company or a foreign series limited liability company","url":"\/13.1-1099.15\/","token":"13.1\/12\/16\/13.1-1099.15","metadata":false},{"id":73456,"structure_id":13582,"section_number":"13.1-1099.16","catch_line":"Merger authorized; parties restricted","url":"\/13.1-1099.16\/","token":"13.1\/12\/16\/13.1-1099.16","metadata":false},{"id":77582,"structure_id":13582,"section_number":"13.1-1099.17","catch_line":"Plan of merger","url":"\/13.1-1099.17\/","token":"13.1\/12\/16\/13.1-1099.17","metadata":false},{"id":69595,"structure_id":13582,"section_number":"13.1-1099.18","catch_line":"Articles of merger","url":"\/13.1-1099.18\/","token":"13.1\/12\/16\/13.1-1099.18","metadata":false},{"id":57317,"structure_id":13582,"section_number":"13.1-1099.19","catch_line":"Effect of merger","url":"\/13.1-1099.19\/","token":"13.1\/12\/16\/13.1-1099.19","metadata":false},{"id":87340,"structure_id":13582,"section_number":"13.1-1099.2","catch_line":"Associated assets","url":"\/13.1-1099.2\/","token":"13.1\/12\/16\/13.1-1099.2","metadata":false},{"id":84015,"structure_id":13582,"section_number":"13.1-1099.20","catch_line":"Application of \u00a7 13.1-1099.10 after merger","url":"\/13.1-1099.20\/","token":"13.1\/12\/16\/13.1-1099.20","metadata":false},{"id":81612,"structure_id":13582,"section_number":"13.1-1099.21","catch_line":"Governing law; foreign series limited liability companies and foreign protected series","url":"\/13.1-1099.21\/","token":"13.1\/12\/16\/13.1-1099.21","metadata":false},{"id":63955,"structure_id":13582,"section_number":"13.1-1099.22","catch_line":"No attribution of activities constituting transacting business or for establishing jurisdiction","url":"\/13.1-1099.22\/","token":"13.1\/12\/16\/13.1-1099.22","metadata":false},{"id":67053,"structure_id":13582,"section_number":"13.1-1099.23","catch_line":"Registration of foreign series limited liability company and foreign protected series; amended application; voluntary cancellation; reinstatement","url":"\/13.1-1099.23\/","token":"13.1\/12\/16\/13.1-1099.23","metadata":false},{"id":74322,"structure_id":13582,"section_number":"13.1-1099.24","catch_line":"Disclosure required when foreign series limited liability company or foreign protected series subject to proceeding","url":"\/13.1-1099.24\/","token":"13.1\/12\/16\/13.1-1099.24","metadata":false},{"id":73126,"structure_id":13582,"section_number":"13.1-1099.25","catch_line":"Uniformity of application and construction","url":"\/13.1-1099.25\/","token":"13.1\/12\/16\/13.1-1099.25","metadata":false},{"id":70064,"structure_id":13582,"section_number":"13.1-1099.26","catch_line":"Effect on certain actions","url":"\/13.1-1099.26\/","token":"13.1\/12\/16\/13.1-1099.26","metadata":false},{"id":79318,"structure_id":13582,"section_number":"13.1-1099.27","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/13.1-1099.27\/","token":"13.1\/12\/16\/13.1-1099.27","metadata":false},{"id":83034,"structure_id":13582,"section_number":"13.1-1099.3","catch_line":"Associated members","url":"\/13.1-1099.3\/","token":"13.1\/12\/16\/13.1-1099.3","metadata":false},{"id":83613,"structure_id":13582,"section_number":"13.1-1099.4","catch_line":"Protected series membership interests","url":"\/13.1-1099.4\/","token":"13.1\/12\/16\/13.1-1099.4","metadata":false},{"id":55609,"structure_id":13582,"section_number":"13.1-1099.5","catch_line":"Management","url":"\/13.1-1099.5\/","token":"13.1\/12\/16\/13.1-1099.5","metadata":false},{"id":63606,"structure_id":13582,"section_number":"13.1-1099.6","catch_line":"Right of person not associated member of protected series to information concerning protected series","url":"\/13.1-1099.6\/","token":"13.1\/12\/16\/13.1-1099.6","metadata":false},{"id":64314,"structure_id":13582,"section_number":"13.1-1099.7","catch_line":"Limitations on liability","url":"\/13.1-1099.7\/","token":"13.1\/12\/16\/13.1-1099.7","metadata":false},{"id":59684,"structure_id":13582,"section_number":"13.1-1099.8","catch_line":"Claim seeking to disregard limitation of liability","url":"\/13.1-1099.8\/","token":"13.1\/12\/16\/13.1-1099.8","metadata":false},{"id":59181,"structure_id":13582,"section_number":"13.1-1099.9","catch_line":"Remedies of judgment creditor of associated member or protected series assignee","url":"\/13.1-1099.9\/","token":"13.1\/12\/16\/13.1-1099.9","metadata":false}],"previous_section":{"id":83120,"structure_id":13582,"section_number":"13.1-1099.1","catch_line":"Annual registration fees","url":"\/13.1-1099.1\/","token":"13.1\/12\/16\/13.1-1099.1","metadata":false},"next_section":{"id":55453,"structure_id":13582,"section_number":"13.1-1099.11","catch_line":"Events causing dissolution of protected series","url":"\/13.1-1099.11\/","token":"13.1\/12\/16\/13.1-1099.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1099.10\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 636<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":75378,"section_number":"13.1-1051","catch_line":"Authority to transact business required; governing law","order_by":null,"url":"\/13.1-1051\/"},{"id":84976,"section_number":"13.1-1093","catch_line":"Additional limitations on operating agreement","order_by":null,"url":"\/13.1-1093\/"},{"id":84015,"section_number":"13.1-1099.20","catch_line":"Application of \u00a7 13.1-1099.10 after merger","order_by":null,"url":"\/13.1-1099.20\/"},{"id":81612,"section_number":"13.1-1099.21","catch_line":"Governing law; foreign series limited liability companies and foreign protected series","order_by":null,"url":"\/13.1-1099.21\/"},{"id":67053,"section_number":"13.1-1099.23","catch_line":"Registration of foreign series limited liability company and foreign protected series; amended application; voluntary cancellation; reinstatement","order_by":null,"url":"\/13.1-1099.23\/"},{"id":64314,"section_number":"13.1-1099.7","catch_line":"Limitations on liability","order_by":null,"url":"\/13.1-1099.7\/"}],"refers_to":[{"id":87340,"section_number":"13.1-1099.2","catch_line":"Associated assets","order_by":null,"url":"\/13.1-1099.2\/"},{"id":84015,"section_number":"13.1-1099.20","catch_line":"Application of \u00a7 13.1-1099.10 after merger","order_by":null,"url":"\/13.1-1099.20\/"}],"permalink":{"id":148637,"object_type":"law","relational_id":79166,"identifier":"13.1-1099.10","token":"13.1\/12\/16\/13.1-1099.10","url":"\/13.1-1099.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1099.10\/","token":"13.1\/12\/16\/13.1-1099.10","dublin_core":{"Title":"Enforcement of claim against non-associated asset","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1099.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Enforcement date<\/span>” means 12:01 a.m. on the date on which a claimant first serves process on a series limited liability company<\/span> or protected series<\/span> of the series limited liability company<\/span> in an action seeking to enforce under this section a claim against an asset<\/span> of the series limited liability company<\/span> or protected series<\/span> by attachment<\/span>, levy<\/span>, or other action.\n\t\t\t“Incurrence date” means, subject to subsection B of § 13.1-1099.20<\/a>, the date on which a series limited liability company<\/span> or protected series<\/span> of the series limited liability company<\/span> incurred the liability giving rise to a claim that a claimant seeks to enforce under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a claim against a series limited liability company<\/span> or a protected series<\/span> of the series limited liability company<\/span> has been reduced to judgment<\/span>, in addition to any other remedy provided by law<\/span> or equity<\/span>, the judgment<\/span> may be enforced in accordance with the following rules: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A judgment<\/span> against the series limited liability company<\/span> may be enforced against an asset of a protected series<\/span> of the series limited liability company<\/span> if the asset:\n\t\t\t\ta. Was a non-associated asset<\/span> of the protected series<\/span> on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset<\/span> of the protected series<\/span> on the enforcement date<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A judgment<\/span> against a protected series<\/span> may be enforced against an asset of the series limited liability company<\/span> if the asset:\n\t\t\t\ta. Was a non-associated asset<\/span> of the series limited liability company<\/span> on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset<\/span> of the series limited liability company<\/span> on the enforcement date<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A judgment<\/span> against a protected series<\/span> may be enforced against an asset of another protected series<\/span> of the series limited liability company<\/span> if the asset:\n\t\t\t\ta. Was a non-associated asset<\/span> of the other protected series<\/span> on the incurrence date; or\n\t\t\t\tb. Is a non-associated asset<\/span> of the other protected series<\/span> on the enforcement date<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to any other remedy provided by law<\/span> or equity<\/span>, if a claim against a series limited liability company<\/span> or a protected series<\/span> of the series limited liability company<\/span> has not been reduced to a judgment<\/span> and law<\/span> other than this article permits a prejudgment remedy by attachment<\/span>, levy<\/span>, or other action, the court<\/span> may apply subsection B as a prejudgment remedy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In a proceeding under this section, the party<\/span> asserting that an asset is or was an associated asset<\/span> of a series limited liability company<\/span> or a protected series<\/span> of the series limited liability company<\/span> has the burden of proof<\/span> on the issue<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section applies to an asset of a foreign series limited liability company<\/span><\/span> or foreign protected series<\/span> of the foreign series limited liability company<\/span><\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The asset is real or tangible property<\/span> located in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The claimant is a resident of the Commonwealth or transacting business or registered to transact business in the Commonwealth, or the claim under this section is to enforce a judgment<\/span>, or to seek a pre-judgment<\/span> remedy, pertaining to a liability arising from law<\/span> of the Commonwealth other than this article or an act or omission in the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The asset is not identified in the records of the foreign series limited liability company<\/span><\/span> or foreign protected series<\/span> of the foreign series limited liability company<\/span><\/span> in a manner comparable to the manner required by § 13.1-1099.2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF CLAIM AGAINST NON-ASSOCIATED ASSET (\u00a7 13.1-1099.10)\n\nA. As used in this section:\n\t\t\t“Enforcement date” means 12:01 a.m. on the date on which a\nclaimant first serves process on a series limited liability company or protected\nseries of the series limited liability company in an action seeking to enforce\nunder this section a claim against an asset of the series limited liability\ncompany or protected series by attachment, levy, or other action.\n\t\t\t“Incurrence date” means, subject to subsection B of §\n13.1-1099.20, the date on which a series limited liability company or protected\nseries of the series limited liability company incurred the liability giving\nrise to a claim that a claimant seeks to enforce under this section.\n\nB. If a claim against a series limited liability company or a protected series\nof the series limited liability company has been reduced to judgment, in\naddition to any other remedy provided by law or equity, the judgment may be\nenforced in accordance with the following rules:\n\n 1. A judgment against the series limited liability company may be enforced\n against an asset of a protected series of the series limited liability company\n if the asset:\n \t\t\t\ta. Was a non-associated asset of the protected series on the incurrence\n date; or\n \t\t\t\tb. Is a non-associated asset of the protected series on the enforcement\n date.\n\n 2. A judgment against a protected series may be enforced against an asset of\n the series limited liability company if the asset:\n \t\t\t\ta. Was a non-associated asset of the series limited liability company on\n the incurrence date; or\n \t\t\t\tb. Is a non-associated asset of the series limited liability company on\n the enforcement date.\n\n 3. A judgment against a protected series may be enforced against an asset of\n another protected series of the series limited liability company if the asset:\n \t\t\t\ta. Was a non-associated asset of the other protected series on the\n incurrence date; or\n \t\t\t\tb. Is a non-associated asset of the other protected series on the\n enforcement date.\n\nC. In addition to any other remedy provided by law or equity, if a claim against\na series limited liability company or a protected series of the series limited\nliability company has not been reduced to a judgment and law other than this\narticle permits a prejudgment remedy by attachment, levy, or other action, the\ncourt may apply subsection B as a prejudgment remedy.\n\nD. In a proceeding under this section, the party asserting that an asset is or\nwas an associated asset of a series limited liability company or a protected\nseries of the series limited liability company has the burden of proof on the\nissue.\n\nE. This section applies to an asset of a foreign series limited liability\ncompany or foreign protected series of the foreign series limited liability\ncompany if:\n\n 1. The asset is real or tangible property located in the Commonwealth;\n\n 2. The claimant is a resident of the Commonwealth or transacting business or\n registered to transact business in the Commonwealth, or the claim under this\n section is to enforce a judgment, or to seek a pre-judgment remedy, pertaining\n to a liability arising from law of the Commonwealth other than this article or\n an act or omission in the Commonwealth; and\n\n 3. The asset is not identified in the records of the foreign series limited\n liability company or foreign protected series of the foreign series limited\n liability company in a manner comparable to the manner required by §\n 13.1-1099.2.\n\nHISTORY: 2019, c. 636.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}