{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-403.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-403.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-403.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-403.html"}],"law_id":60771,"edition_id":1,"section_id":60771,"structure_id":14252,"section_number":"55.1-403","catch_line":"Creditor’s action; attorney fees","history":"2009, c. 593, \u00a7 55-82.1; 2012, c. 810; 2019, c. 712.","full_text":"In any action brought by a creditor pursuant to \u00a7 55.1-400, 55.1-401, or 55.1-402, where a (i) gift; (ii) deed; (iii) conveyance, assignment, or transfer of or charge upon the estate of a debtor; (iv) action commenced or judgment or execution suffered or obtained; or (v) bond or other writing is declared void, the court shall award counsel for the creditor reasonable attorney fees against the debtor. Upon a finding of fraudulent conveyance pursuant to \u00a7 55.1-400, the court may assess sanctions, including such attorney fees, against all parties over which it has jurisdiction who, with the intent to defraud and having knowledge of the judgment, participated in the conveyance. Should there be a resulting judicial sale, any award of attorney fees shall be paid out of the proceeds of the sale, as other costs are paid, provided that the award of attorney fees does not affect a prior lien creditor not represented by the attorney.","order_by":null,"text":{"0":{"id":222170,"text":"In any action brought by a creditor pursuant to \u00a7 55.1-400, 55.1-401, or 55.1-402, where a (i) gift; (ii) deed; (iii) conveyance, assignment, or transfer of or charge upon the estate of a debtor; (iv) action commenced or judgment or execution suffered or obtained; or (v) bond or other writing is declared void, the court shall award counsel for the creditor reasonable attorney fees against the debtor. Upon a finding of fraudulent conveyance pursuant to \u00a7 55.1-400, the court may assess sanctions, including such attorney fees, against all parties over which it has jurisdiction who, with the intent to defraud and having knowledge of the judgment, participated in the conveyance. Should there be a resulting judicial sale, any award of attorney fees shall be paid out of the proceeds of the sale, as other costs are paid, provided that the award of attorney fees does not affect a prior lien creditor not represented by the attorney.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-403\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 593<\/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. 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 2012, chapter 810<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"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":79832,"section_number":"55.1-402","catch_line":"Creditor's action to avoid such gifts, conveyances, assignments, transfers, or charges","order_by":null,"url":"\/55.1-402\/"}],"permalink":{"id":245277,"object_type":"law","relational_id":60771,"identifier":"55.1-403","token":"55.1\/I\/4\/55.1-403","url":"\/55.1-403\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-403\/","token":"55.1\/I\/4\/55.1-403","dublin_core":{"Title":"Creditor’s action; attorney fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-403","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any action brought by a creditor<\/span> pursuant to \u00a7 55.1-400<\/a>, 55.1-401<\/a>, or 55.1-402<\/a>, where a (i) gift; (ii) deed; (iii) conveyance, assignment, or transfer of or charge upon the estate of a debtor; (iv) action commenced or judgment<\/span> or execution suffered or obtained; or (v) bond<\/span> or other writing is declared void, the court<\/span> shall award counsel<\/span> for the creditor<\/span> reasonable attorney fees against the debtor. Upon a finding<\/span> of fraudulent conveyance pursuant to \u00a7 55.1-400<\/a>, the court<\/span> may assess sanctions<\/span>, including such attorney fees, against all parties over which it has jurisdiction<\/span> who, with the intent<\/span> to defraud and having knowledge of the judgment<\/span>, participated in the conveyance. Should there be a resulting judicial sale, any award of attorney fees shall be paid out of the proceeds of the sale, as other costs are paid, provided that the award of attorney fees does not affect a prior lien<\/span> creditor<\/span> not represented by the attorney.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREDITOR’S ACTION; ATTORNEY FEES (\u00a7 55.1-403)\n\nIn any action brought by a creditor pursuant to \u00a7 55.1-400, 55.1-401, or\n55.1-402, where a (i) gift; (ii) deed; (iii) conveyance, assignment, or transfer\nof or charge upon the estate of a debtor; (iv) action commenced or judgment or\nexecution suffered or obtained; or (v) bond or other writing is declared void,\nthe court shall award counsel for the creditor reasonable attorney fees against\nthe debtor. Upon a finding of fraudulent conveyance pursuant to \u00a7 55.1-400, the\ncourt may assess sanctions, including such attorney fees, against all parties\nover which it has jurisdiction who, with the intent to defraud and having\nknowledge of the judgment, participated in the conveyance. Should there be a\nresulting judicial sale, any award of attorney fees shall be paid out of the\nproceeds of the sale, as other costs are paid, provided that the award of\nattorney fees does not affect a prior lien creditor not represented by the\nattorney.\n\nHISTORY: 2009, c. 593, \u00a7 55-82.1; 2012, c. 810; 2019, 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}}