{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-404.html"}],"law_id":60873,"edition_id":1,"section_id":60873,"structure_id":14252,"section_number":"55.1-404","catch_line":"Authority of court to set aside","history":"2012, c. 810, \u00a7 55-82.2; 2019, c. 712.","full_text":"The court may set aside a fraudulent conveyance or voluntary transfer pursuant to \u00a7 55.1-400 or 55.1-401 during an action brought by a creditor to execute on a judgment, either on motion of the creditor or on its own motion, provided that all parties who have an interest in the property subject to the conveyance or transfer are given notice of the proceeding. The court, by order, may direct the clerk to issue the proper process against such parties and, upon the maturing of the case, proceed to make such orders as would have been proper if the new parties had been made parties at the commencement of the action.","order_by":null,"text":{"0":{"id":222574,"text":"The court may set aside a fraudulent conveyance or voluntary transfer pursuant to \u00a7 55.1-400 or 55.1-401 during an action brought by a creditor to execute on a judgment, either on motion of the creditor or on its own motion, provided that all parties who have an interest in the property subject to the conveyance or transfer are given notice of the proceeding. The court, by order, may direct the clerk to issue the proper process against such parties and, upon the maturing of the case, proceed to make such orders as would have been proper if the new parties had been made parties at the commencement of the action.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-404\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapter 810<\/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 1 time. 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. That modification is as follows: 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\/"}],"permalink":{"id":245281,"object_type":"law","relational_id":60873,"identifier":"55.1-404","token":"55.1\/I\/4\/55.1-404","url":"\/55.1-404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-404\/","token":"55.1\/I\/4\/55.1-404","dublin_core":{"Title":"Authority of court to set aside","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The court<\/span> may set aside a fraudulent conveyance or voluntary transfer<\/span> pursuant to \u00a7 55.1-400<\/a> or 55.1-401<\/a> during an action brought by a creditor<\/span> to execute on a judgment<\/span>, either on motion<\/span> of the creditor<\/span> or on its own motion<\/span>, provided that all parties who have an interest in the property subject to the conveyance or transfer are given notice of the proceeding. The court<\/span>, by order<\/span>, may direct the clerk to issue<\/span> the proper process against such parties and, upon the maturing of the case, proceed to make such orders<\/span> as would have been proper if the new parties had been made parties at the commencement of the action.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF COURT TO SET ASIDE (\u00a7 55.1-404)\n\nThe court may set aside a fraudulent conveyance or voluntary transfer pursuant\nto \u00a7 55.1-400 or 55.1-401 during an action brought by a creditor to execute on\na judgment, either on motion of the creditor or on its own motion, provided that\nall parties who have an interest in the property subject to the conveyance or\ntransfer are given notice of the proceeding. The court, by order, may direct the\nclerk to issue the proper process against such parties and, upon the maturing of\nthe case, proceed to make such orders as would have been proper if the new\nparties had been made parties at the commencement of the action.\n\nHISTORY: 2012, c. 810, \u00a7 55-82.2; 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}}