{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1573.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1573.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1573.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1573.01.html"}],"law_id":84529,"edition_id":1,"section_id":84529,"structure_id":15134,"section_number":"46.2-1573.01","catch_line":"Recovery of attorney&#8217;s fees","history":"2001, cc. 812, 843.","full_text":"Any party to a proceeding under \u00a7 46.2-1573 who is found to have violated any provision of this article may be ordered by the circuit court before which an application therefor is pending to pay the reasonable attorney&#8217;s fees and costs incurred by the complaining party, including those attorney&#8217;s fees and costs incurred as a result of any appeal. Following issuance of the Commissioner&#8217;s case decision finding that such violation has occurred, the complaining party may make application to an appropriate circuit court for entry of an order awarding it reasonable attorney&#8217;s fees and costs. Notice of an initial application for entry of such order shall be served in the manner provided by law for the service of a summons in an action. The court shall take such evidence thereon as it deems necessary. Entry of a judgment in conformity with any order awarding such fees and costs shall be stayed pending any appeal of such order or pending any appeal of the Commissioner&#8217;s underlying decision on the merits. Such application shall be made within sixty days following the date of the Commissioner&#8217;s order. Venue for the application shall be the circuit court before which any appeal of the Commissioner&#8217;s decision is pending, and the application may be considered concurrently with consideration of the appeal; otherwise, venue shall be as provided in \u00a7 2.2-4003.","order_by":null,"text":{"0":{"id":302934,"text":"Any party to a proceeding under \u00a7 46.2-1573 who is found to have violated any provision of this article may be ordered by the circuit court before which an application therefor is pending to pay the reasonable attorney&#8217;s fees and costs incurred by the complaining party, including those attorney&#8217;s fees and costs incurred as a result of any appeal. Following issuance of the Commissioner&#8217;s case decision finding that such violation has occurred, the complaining party may make application to an appropriate circuit court for entry of an order awarding it reasonable attorney&#8217;s fees and costs. Notice of an initial application for entry of such order shall be served in the manner provided by law for the service of a summons in an action. The court shall take such evidence thereon as it deems necessary. Entry of a judgment in conformity with any order awarding such fees and costs shall be stayed pending any appeal of such order or pending any appeal of the Commissioner&#8217;s underlying decision on the merits. Such application shall be made within sixty days following the date of the Commissioner&#8217;s order. Venue for the application shall be the circuit court before which any appeal of the Commissioner&#8217;s decision is pending, and the application may be considered concurrently with consideration of the appeal; otherwise, venue shall be as provided in \u00a7 2.2-4003.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15134,"edition_id":1,"name":"Franchises","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":13356,"metadata":{},"date_created":"2026-06-26 03:52:26","date_modified":"2026-06-26 03:52:26","permalink":{"id":231519,"object_type":"structure","relational_id":15134,"identifier":"7","token":"46.2\/IV\/15\/7","url":"\/46.2\/IV\/15\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13356,"edition_id":1,"name":"Motor Vehicle Dealers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231067,"object_type":"structure","relational_id":13356,"identifier":"15","token":"46.2\/IV\/15","url":"\/46.2\/IV\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81977,"structure_id":15134,"section_number":"46.2-1566","catch_line":"Filing of franchises","url":"\/46.2-1566\/","token":"46.2\/IV\/15\/7\/46.2-1566","metadata":false},{"id":75377,"structure_id":15134,"section_number":"46.2-1567","catch_line":"Exemption of franchises from Retail Franchising Act","url":"\/46.2-1567\/","token":"46.2\/IV\/15\/7\/46.2-1567","metadata":false},{"id":85096,"structure_id":15134,"section_number":"46.2-1568","catch_line":"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts, extended service contracts or extended maintenance plans, financing, or leasing prohibited; penalty","url":"\/46.2-1568\/","token":"46.2\/IV\/15\/7\/46.2-1568","metadata":false},{"id":74199,"structure_id":15134,"section_number":"46.2-1568.1","catch_line":"Discrimination by manufacturers or distributors prohibited","url":"\/46.2-1568.1\/","token":"46.2\/IV\/15\/7\/46.2-1568.1","metadata":false},{"id":60913,"structure_id":15134,"section_number":"46.2-1569","catch_line":"Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories","url":"\/46.2-1569\/","token":"46.2\/IV\/15\/7\/46.2-1569","metadata":false},{"id":57658,"structure_id":15134,"section_number":"46.2-1569.1","catch_line":"Manufacturer or distributor right of first refusal","url":"\/46.2-1569.1\/","token":"46.2\/IV\/15\/7\/46.2-1569.1","metadata":false},{"id":85388,"structure_id":15134,"section_number":"46.2-1570","catch_line":"Discontinuation of distributors","url":"\/46.2-1570\/","token":"46.2\/IV\/15\/7\/46.2-1570","metadata":false},{"id":60902,"structure_id":15134,"section_number":"46.2-1571","catch_line":"Recall, warranty, maintenance and sales incentive obligations","url":"\/46.2-1571\/","token":"46.2\/IV\/15\/7\/46.2-1571","metadata":false},{"id":67472,"structure_id":15134,"section_number":"46.2-1572","catch_line":"Operation of dealership by manufacturer","url":"\/46.2-1572\/","token":"46.2\/IV\/15\/7\/46.2-1572","metadata":false},{"id":75339,"structure_id":15134,"section_number":"46.2-1572.1","catch_line":"Ownership of service facilities","url":"\/46.2-1572.1\/","token":"46.2\/IV\/15\/7\/46.2-1572.1","metadata":false},{"id":75995,"structure_id":15134,"section_number":"46.2-1572.2","catch_line":"Mediation of disputes","url":"\/46.2-1572.2\/","token":"46.2\/IV\/15\/7\/46.2-1572.2","metadata":false},{"id":65117,"structure_id":15134,"section_number":"46.2-1572.3","catch_line":"Waiver prohibited","url":"\/46.2-1572.3\/","token":"46.2\/IV\/15\/7\/46.2-1572.3","metadata":false},{"id":74526,"structure_id":15134,"section_number":"46.2-1572.4","catch_line":"Manufacturer or distributor use of performance standards","url":"\/46.2-1572.4\/","token":"46.2\/IV\/15\/7\/46.2-1572.4","metadata":false},{"id":69981,"structure_id":15134,"section_number":"46.2-1573","catch_line":"Hearings and other remedies; civil penalties","url":"\/46.2-1573\/","token":"46.2\/IV\/15\/7\/46.2-1573","metadata":false},{"id":84529,"structure_id":15134,"section_number":"46.2-1573.01","catch_line":"Recovery of attorney's fees","url":"\/46.2-1573.01\/","token":"46.2\/IV\/15\/7\/46.2-1573.01","metadata":false},{"id":67893,"structure_id":15134,"section_number":"46.2-1573.02","catch_line":"Limited right of dealers to sell new motor vehicles following termination of franchise","url":"\/46.2-1573.02\/","token":"46.2\/IV\/15\/7\/46.2-1573.02","metadata":false}],"previous_section":{"id":69981,"structure_id":15134,"section_number":"46.2-1573","catch_line":"Hearings and other remedies; civil penalties","url":"\/46.2-1573\/","token":"46.2\/IV\/15\/7\/46.2-1573","metadata":false},"next_section":{"id":67893,"structure_id":15134,"section_number":"46.2-1573.02","catch_line":"Limited right of dealers to sell new motor vehicles following termination of franchise","url":"\/46.2-1573.02\/","token":"46.2\/IV\/15\/7\/46.2-1573.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1573.01\/","history_text":"<p>This law was first created in 2001. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0812\">812<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0843\">843<\/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":false,"refers_to":[{"id":74135,"section_number":"2.2-4003","catch_line":"Venue","order_by":null,"url":"\/2.2-4003\/"},{"id":69981,"section_number":"46.2-1573","catch_line":"Hearings and other remedies; civil penalties","order_by":null,"url":"\/46.2-1573\/"}],"permalink":{"id":231577,"object_type":"law","relational_id":84529,"identifier":"46.2-1573.01","token":"46.2\/IV\/15\/7\/46.2-1573.01","url":"\/46.2-1573.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1573.01\/","token":"46.2\/IV\/15\/7\/46.2-1573.01","dublin_core":{"Title":"Recovery of attorney&#8217;s fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1573.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any <span class=\"dictionary\">party<\/span> to a proceeding under \u00a7&nbsp;<a class=\"law\" title=\"Hearings and other remedies; civil penalties\" href=\"\/46.2-1573\/\">46.2-1573<\/a> who is found to have violated any provision of this article may be ordered by the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> before which an application therefor is pending to pay the reasonable attorney&#8217;s fees and costs incurred by the complaining <span class=\"dictionary\">party<\/span>, including those attorney&#8217;s fees and costs incurred as a result of any <span class=\"dictionary\">appeal<\/span>. Following issuance of the <span class=\"dictionary\">Commissioner<\/span>&#8217;s case decision <span class=\"dictionary\">finding<\/span> that such violation has occurred, the complaining <span class=\"dictionary\">party<\/span> may make application to an appropriate <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for entry of an <span class=\"dictionary\">order<\/span> awarding it reasonable attorney&#8217;s fees and costs. Notice of an initial application for entry of such <span class=\"dictionary\">order<\/span> shall be served in the manner provided by <span class=\"dictionary\">law<\/span> for the service of a <span class=\"dictionary\">summons<\/span> in an action. The <span class=\"dictionary\">court<\/span> shall take such <span class=\"dictionary\">evidence<\/span> thereon as it deems necessary. Entry of a <span class=\"dictionary\">judgment<\/span> in conformity with any <span class=\"dictionary\">order<\/span> awarding such fees and costs shall be stayed pending any <span class=\"dictionary\">appeal<\/span> of such <span class=\"dictionary\">order<\/span> or pending any <span class=\"dictionary\">appeal<\/span> of the <span class=\"dictionary\">Commissioner<\/span>&#8217;s underlying decision on the merits. Such application shall be made within sixty days following the date of the <span class=\"dictionary\">Commissioner<\/span>&#8217;s <span class=\"dictionary\">order<\/span>. <span class=\"dictionary\">Venue<\/span> for the application shall be the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> before which any <span class=\"dictionary\">appeal<\/span> of the <span class=\"dictionary\">Commissioner<\/span>&#8217;s decision is pending, and the application may be considered concurrently with consideration of the <span class=\"dictionary\">appeal<\/span>; otherwise, <span class=\"dictionary\">venue<\/span> shall be as provided in \u00a7&nbsp;<a class=\"law\" title=\"Venue\" href=\"\/2.2-4003\/\">2.2-4003<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRECOVERY OF ATTORNEY&#8217;S FEES (\u00a7 46.2-1573.01)\n\nAny party to a proceeding under \u00a7 46.2-1573 who is found to have violated any\nprovision of this article may be ordered by the circuit court before which an\napplication therefor is pending to pay the reasonable attorney&#8217;s fees and\ncosts incurred by the complaining party, including those attorney&#8217;s fees\nand costs incurred as a result of any appeal. Following issuance of the\nCommissioner&#8217;s case decision finding that such violation has occurred, the\ncomplaining party may make application to an appropriate circuit court for entry\nof an order awarding it reasonable attorney&#8217;s fees and costs. Notice of an\ninitial application for entry of such order shall be served in the manner\nprovided by law for the service of a summons in an action. The court shall take\nsuch evidence thereon as it deems necessary. Entry of a judgment in conformity\nwith any order awarding such fees and costs shall be stayed pending any appeal\nof such order or pending any appeal of the Commissioner&#8217;s underlying\ndecision on the merits. Such application shall be made within sixty days\nfollowing the date of the Commissioner&#8217;s order. Venue for the application\nshall be the circuit court before which any appeal of the Commissioner&#8217;s\ndecision is pending, and the application may be considered concurrently with\nconsideration of the appeal; otherwise, venue shall be as provided in \u00a7\n2.2-4003.\n\nHISTORY: 2001, cc. 812, 843.","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}}