{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-402.html"}],"law_id":79832,"edition_id":1,"section_id":79832,"structure_id":14252,"section_number":"55.1-402","catch_line":"Creditor’s action to avoid such gifts, conveyances, assignments, transfers, or charges","history":"Code 1919, \u00a7 5186; Code 1950, \u00a7 55-82; 1926, p. 874; 2009, c. 593; 2019, c. 712.","full_text":"Before obtaining a judgment for his claim, a creditor may, whether such claim is due and payable or not, institute any action that he may institute after obtaining such judgment to avoid a gift, conveyance, assignment, or transfer of, or charge upon, the estate of his debtor declared void by either \u00a7 55.1-400 or 55.1-401. Such creditor may, in such action, have all the relief with respect to such estate to which he would be entitled after obtaining a judgment for the claim for which he may be entitled to recover. A creditor availing himself of this section shall have a lien from the time of bringing his action on all the estate, real and personal, and a petitioning creditor shall also be entitled to a lien from the time of filing his petition in the court in which the action is brought. If the proceeds of sale are insufficient to satisfy the claims of all the creditors whose liens were acquired at the same time, they shall be applied proportionately to such claims, and the court may issue an order against the debtor for any deficiency remaining on the claim of any creditor after applying his share of the proceeds of sale, or, if any creditor is not entitled to share in such proceeds, may issue an order against the debtor for the full amount of the creditor’s claim. This section is subject to the provisions of \u00a7\u00a7 8.01-268 and 8.01-269.","order_by":null,"text":{"0":{"id":285969,"text":"Before obtaining a judgment for his claim, a creditor may, whether such claim is due and payable or not, institute any action that he may institute after obtaining such judgment to avoid a gift, conveyance, assignment, or transfer of, or charge upon, the estate of his debtor declared void by either \u00a7 55.1-400 or 55.1-401. Such creditor may, in such action, have all the relief with respect to such estate to which he would be entitled after obtaining a judgment for the claim for which he may be entitled to recover. A creditor availing himself of this section shall have a lien from the time of bringing his action on all the estate, real and personal, and a petitioning creditor shall also be entitled to a lien from the time of filing his petition in the court in which the action is brought. If the proceeds of sale are insufficient to satisfy the claims of all the creditors whose liens were acquired at the same time, they shall be applied proportionately to such claims, and the court may issue an order against the debtor for any deficiency remaining on the claim of any creditor after applying his share of the proceeds of sale, or, if any creditor is not entitled to share in such proceeds, may issue an order against the debtor for the full amount of the creditor’s claim. This section is subject to the provisions of \u00a7\u00a7 8.01-268 and 8.01-269.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14252,"edition_id":1,"name":"Fraudulent and Voluntary Conveyances; Writings Necessary to be Recorded","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:47:27","date_modified":"2026-06-26 03:47:27","permalink":{"id":245263,"object_type":"structure","relational_id":14252,"identifier":"4","token":"55.1\/I\/4","url":"\/55.1\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59922,"structure_id":14252,"section_number":"55.1-400","catch_line":"Void fraudulent acts; bona fide purchasers not affected","url":"\/55.1-400\/","token":"55.1\/I\/4\/55.1-400","metadata":false},{"id":81651,"structure_id":14252,"section_number":"55.1-401","catch_line":"Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors","url":"\/55.1-401\/","token":"55.1\/I\/4\/55.1-401","metadata":false},{"id":79832,"structure_id":14252,"section_number":"55.1-402","catch_line":"Creditor's action to avoid such gifts, conveyances, assignments, transfers, or charges","url":"\/55.1-402\/","token":"55.1\/I\/4\/55.1-402","metadata":false},{"id":60771,"structure_id":14252,"section_number":"55.1-403","catch_line":"Creditor's action; attorney fees","url":"\/55.1-403\/","token":"55.1\/I\/4\/55.1-403","metadata":false},{"id":60873,"structure_id":14252,"section_number":"55.1-404","catch_line":"Authority of court to set aside","url":"\/55.1-404\/","token":"55.1\/I\/4\/55.1-404","metadata":false},{"id":70774,"structure_id":14252,"section_number":"55.1-405","catch_line":"Loans and reservations of a use or property to be recorded","url":"\/55.1-405\/","token":"55.1\/I\/4\/55.1-405","metadata":false},{"id":59972,"structure_id":14252,"section_number":"55.1-406","catch_line":"Certain recorded contracts as valid as deeds","url":"\/55.1-406\/","token":"55.1\/I\/4\/55.1-406","metadata":false},{"id":76968,"structure_id":14252,"section_number":"55.1-407","catch_line":"Contracts, etc., void as to creditors and purchasers until recorded; priority of credit line deed of trust","url":"\/55.1-407\/","token":"55.1\/I\/4\/55.1-407","metadata":false},{"id":55483,"structure_id":14252,"section_number":"55.1-408","catch_line":"Where to be recorded","url":"\/55.1-408\/","token":"55.1\/I\/4\/55.1-408","metadata":false},{"id":85245,"structure_id":14252,"section_number":"55.1-409","catch_line":"Recordation of instruments affecting civil aircraft of United States","url":"\/55.1-409\/","token":"55.1\/I\/4\/55.1-409","metadata":false},{"id":75046,"structure_id":14252,"section_number":"55.1-410","catch_line":"Priority of writings when admitted to record same day","url":"\/55.1-410\/","token":"55.1\/I\/4\/55.1-410","metadata":false},{"id":84305,"structure_id":14252,"section_number":"55.1-411","catch_line":"When writings to be recorded in county, and when in city","url":"\/55.1-411\/","token":"55.1\/I\/4\/55.1-411","metadata":false},{"id":77900,"structure_id":14252,"section_number":"55.1-412","catch_line":"Words \"creditors\" and \"purchasers,\" how construed","url":"\/55.1-412\/","token":"55.1\/I\/4\/55.1-412","metadata":false},{"id":72147,"structure_id":14252,"section_number":"55.1-413","catch_line":"Lien of subsequent purchaser for purchase money paid before notice","url":"\/55.1-413\/","token":"55.1\/I\/4\/55.1-413","metadata":false},{"id":67269,"structure_id":14252,"section_number":"55.1-414","catch_line":"When purchaser not affected by record of deed or contract","url":"\/55.1-414\/","token":"55.1\/I\/4\/55.1-414","metadata":false}],"previous_section":{"id":81651,"structure_id":14252,"section_number":"55.1-401","catch_line":"Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors","url":"\/55.1-401\/","token":"55.1\/I\/4\/55.1-401","metadata":false},"next_section":{"id":60771,"structure_id":14252,"section_number":"55.1-403","catch_line":"Creditor's action; attorney fees","url":"\/55.1-403\/","token":"55.1\/I\/4\/55.1-403","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-402\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2009, chapter 593<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":60771,"section_number":"55.1-403","catch_line":"Creditor's action; attorney fees","order_by":null,"url":"\/55.1-403\/"},{"id":78194,"section_number":"64.2-745.1","catch_line":"Self-settled spendthrift trusts","order_by":null,"url":"\/64.2-745.1\/"}],"refers_to":[{"id":59922,"section_number":"55.1-400","catch_line":"Void fraudulent acts; bona fide purchasers not affected","order_by":null,"url":"\/55.1-400\/"},{"id":81651,"section_number":"55.1-401","catch_line":"Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors","order_by":null,"url":"\/55.1-401\/"},{"id":56069,"section_number":"8.01-268","catch_line":"When and how docketed and indexed","order_by":null,"url":"\/8.01-268\/"},{"id":63387,"section_number":"8.01-269","catch_line":"Dismissal or satisfaction of same","order_by":null,"url":"\/8.01-269\/"}],"permalink":{"id":245273,"object_type":"law","relational_id":79832,"identifier":"55.1-402","token":"55.1\/I\/4\/55.1-402","url":"\/55.1-402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-402\/","token":"55.1\/I\/4\/55.1-402","dublin_core":{"Title":"Creditor’s action to avoid such gifts, conveyances, assignments, transfers, or charges","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Before obtaining a judgment<\/span> for his claim, a creditor<\/span> may, whether such claim is due and payable or not, institute any action that he may institute after obtaining such judgment<\/span> to avoid a gift, conveyance, assignment, or transfer of, or charge upon, the estate of his debtor declared void by either \u00a7 55.1-400<\/a> or 55.1-401<\/a>. Such creditor<\/span> may, in such action, have all the relief with respect to such estate to which he would be entitled after obtaining a judgment<\/span> for the claim for which he may be entitled to recover. A creditor<\/span> availing himself of this section shall have a lien<\/span> from the time of bringing his action on all the estate, real and personal, and a petitioning creditor<\/span> shall also be entitled to a lien<\/span> from the time of filing his petition<\/span> in the court<\/span> in which the action is brought. If the proceeds of sale are insufficient to satisfy the claims of all the creditors<\/span> whose liens<\/span> were acquired at the same time, they shall be applied proportionately to such claims, and the court<\/span> may issue<\/span> an order<\/span> against the debtor for any deficiency remaining on the claim of any creditor<\/span> after applying his share of the proceeds of sale, or, if any creditor<\/span> is not entitled to share in such proceeds, may issue<\/span> an order<\/span> against the debtor for the full amount of the creditor<\/span>’s claim. This section is subject to the provisions of \u00a7\u00a7 8.01-268<\/a> and 8.01-269<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREDITOR’S ACTION TO AVOID SUCH GIFTS, CONVEYANCES, ASSIGNMENTS,\nTRANSFERS, OR CHARGES (\u00a7 55.1-402)\n\nBefore obtaining a judgment for his claim, a creditor may, whether such claim is\ndue and payable or not, institute any action that he may institute after\nobtaining such judgment to avoid a gift, conveyance, assignment, or transfer of,\nor charge upon, the estate of his debtor declared void by either \u00a7 55.1-400 or\n55.1-401. Such creditor may, in such action, have all the relief with respect to\nsuch estate to which he would be entitled after obtaining a judgment for the\nclaim for which he may be entitled to recover. A creditor availing himself of\nthis section shall have a lien from the time of bringing his action on all the\nestate, real and personal, and a petitioning creditor shall also be entitled to\na lien from the time of filing his petition in the court in which the action is\nbrought. If the proceeds of sale are insufficient to satisfy the claims of all\nthe creditors whose liens were acquired at the same time, they shall be applied\nproportionately to such claims, and the court may issue an order against the\ndebtor for any deficiency remaining on the claim of any creditor after applying\nhis share of the proceeds of sale, or, if any creditor is not entitled to share\nin such proceeds, may issue an order against the debtor for the full amount of\nthe creditor’s claim. This section is subject to the provisions of \u00a7\u00a7\n8.01-268 and 8.01-269.\n\nHISTORY: Code 1919, \u00a7 5186; Code 1950, \u00a7 55-82; 1926, p. 874; 2009, c. 593;\n2019, c. 712.","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}}