{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-601.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-601.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-601.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-601.html"}],"law_id":87391,"edition_id":1,"section_id":87391,"structure_id":15263,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","history":"1964, c. 219, \u00a7 8.9-501; 1973, c. 509; 2000, c. 1007; 2004, c. 200; 2024, c. 652.","full_text":"a\n\nRights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in \u00a7 8.9A-602, those provided by agreement of the parties. A secured party:1\n\nmay reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and2\n\nif the collateral is documents, may proceed either as to the documents or as to the goods they cover.b\n\nRights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under § 8.7-106, 8.9A-104, 8.9A-105, 8.9A-105.1, 8.9A-106, 8.9A-107, or 8.9A-107.1 has the rights and duties provided in § 8.9A-207.c\n\nRights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.d\n\nRights of debtor and obligor. Except as otherwise provided in subsection (g) and § 8.9A-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.e\n\nLien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:1\n\nthe date of perfection of the security interest or agricultural lien in the collateral;2\n\nthe date of filing a financing statement covering the collateral; or3\n\nany date specified in a statute under which the agricultural lien was created.f\n\nExecution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this title.g\n\nConsignor or buyer of certain rights to payment. Except as otherwise provided in § 8.9A-607 (c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.","order_by":null,"text":{"0":{"id":312905,"text":"Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in \u00a7 8.9A-602, those provided by agreement of the parties. A secured party:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":312906,"text":"may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":312907,"text":"if the collateral is documents, may proceed either as to the documents or as to the goods they cover.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":312908,"text":"Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under § 8.7-106, 8.9A-104, 8.9A-105, 8.9A-105.1, 8.9A-106, 8.9A-107, or 8.9A-107.1 has the rights and duties provided in § 8.9A-207.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"c"},"4":{"id":312909,"text":"Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"5":{"id":312910,"text":"Rights of debtor and obligor. Except as otherwise provided in subsection (g) and § 8.9A-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"6":{"id":312911,"text":"Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"e1"},"7":{"id":312912,"text":"the date of perfection of the security interest or agricultural lien in the collateral;","type":"section","prefixes":["e","1"],"prefix":"1","entire_prefix":"e1","prefix_anchor":"e1","level":2,"prior_prefix":"e","next_prefix":"e2"},"8":{"id":312913,"text":"the date of filing a financing statement covering the collateral; or","type":"section","prefixes":["e","2"],"prefix":"2","entire_prefix":"e2","prefix_anchor":"e2","level":2,"prior_prefix":"e1","next_prefix":"e3"},"9":{"id":312914,"text":"any date specified in a statute under which the agricultural lien was created.","type":"section","prefixes":["e","3"],"prefix":"3","entire_prefix":"e3","prefix_anchor":"e3","level":2,"prior_prefix":"e2","next_prefix":"f"},"10":{"id":312915,"text":"Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this title.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e3","next_prefix":"g"},"11":{"id":312916,"text":"Consignor or buyer of certain rights to payment. Except as otherwise provided in § 8.9A-607 (c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f"}},"ancestry":[{"id":15263,"edition_id":1,"name":"Default and Enforcement of Security Interest","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":15262,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284295,"object_type":"structure","relational_id":15263,"identifier":"1","token":"8.9A\/6\/1","url":"\/8.9A\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15262,"edition_id":1,"name":"Default","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:53:25","date_modified":"2026-06-26 03:53:25","permalink":{"id":284293,"object_type":"structure","relational_id":15262,"identifier":"6","token":"8.9A\/6","url":"\/8.9A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87391,"structure_id":15263,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","metadata":false},{"id":74406,"structure_id":15263,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","metadata":false},{"id":69348,"structure_id":15263,"section_number":"8.9A-603","catch_line":"Agreement on standards concerning rights and duties","url":"\/8.9A-603\/","token":"8.9A\/6\/1\/8.9A-603","metadata":false},{"id":61411,"structure_id":15263,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","url":"\/8.9A-604\/","token":"8.9A\/6\/1\/8.9A-604","metadata":false},{"id":69925,"structure_id":15263,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","url":"\/8.9A-605\/","token":"8.9A\/6\/1\/8.9A-605","metadata":false},{"id":82913,"structure_id":15263,"section_number":"8.9A-606","catch_line":"Time of default for agricultural lien","url":"\/8.9A-606\/","token":"8.9A\/6\/1\/8.9A-606","metadata":false},{"id":78656,"structure_id":15263,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","url":"\/8.9A-607\/","token":"8.9A\/6\/1\/8.9A-607","metadata":false},{"id":58414,"structure_id":15263,"section_number":"8.9A-608","catch_line":"Application of proceeds of collection or enforcement; liability for deficiency and right to surplus","url":"\/8.9A-608\/","token":"8.9A\/6\/1\/8.9A-608","metadata":false},{"id":76317,"structure_id":15263,"section_number":"8.9A-609","catch_line":"Secured party's right to take possession after default","url":"\/8.9A-609\/","token":"8.9A\/6\/1\/8.9A-609","metadata":false},{"id":83035,"structure_id":15263,"section_number":"8.9A-610","catch_line":"Disposition of collateral after default","url":"\/8.9A-610\/","token":"8.9A\/6\/1\/8.9A-610","metadata":false},{"id":69700,"structure_id":15263,"section_number":"8.9A-611","catch_line":"Notification before disposition of collateral","url":"\/8.9A-611\/","token":"8.9A\/6\/1\/8.9A-611","metadata":false},{"id":60808,"structure_id":15263,"section_number":"8.9A-612","catch_line":"Timeliness of notification before disposition of collateral","url":"\/8.9A-612\/","token":"8.9A\/6\/1\/8.9A-612","metadata":false},{"id":72203,"structure_id":15263,"section_number":"8.9A-613","catch_line":"Contents and form of notification before disposition of collateral; general","url":"\/8.9A-613\/","token":"8.9A\/6\/1\/8.9A-613","metadata":false},{"id":83544,"structure_id":15263,"section_number":"8.9A-614","catch_line":"Contents and form of notification before disposition of collateral; consumer-goods transaction","url":"\/8.9A-614\/","token":"8.9A\/6\/1\/8.9A-614","metadata":false},{"id":63326,"structure_id":15263,"section_number":"8.9A-615","catch_line":"Application of proceeds of disposition; liability for deficiency and right to surplus","url":"\/8.9A-615\/","token":"8.9A\/6\/1\/8.9A-615","metadata":false},{"id":58094,"structure_id":15263,"section_number":"8.9A-616","catch_line":"Explanation of calculation of surplus or deficiency","url":"\/8.9A-616\/","token":"8.9A\/6\/1\/8.9A-616","metadata":false},{"id":70895,"structure_id":15263,"section_number":"8.9A-617","catch_line":"Rights of transferee of collateral","url":"\/8.9A-617\/","token":"8.9A\/6\/1\/8.9A-617","metadata":false},{"id":74054,"structure_id":15263,"section_number":"8.9A-618","catch_line":"Rights and duties of certain secondary obligors","url":"\/8.9A-618\/","token":"8.9A\/6\/1\/8.9A-618","metadata":false},{"id":82499,"structure_id":15263,"section_number":"8.9A-619","catch_line":"Transfer of record or legal title","url":"\/8.9A-619\/","token":"8.9A\/6\/1\/8.9A-619","metadata":false},{"id":83620,"structure_id":15263,"section_number":"8.9A-620","catch_line":"Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral","url":"\/8.9A-620\/","token":"8.9A\/6\/1\/8.9A-620","metadata":false},{"id":69990,"structure_id":15263,"section_number":"8.9A-621","catch_line":"Notification of proposal to accept collateral","url":"\/8.9A-621\/","token":"8.9A\/6\/1\/8.9A-621","metadata":false},{"id":87445,"structure_id":15263,"section_number":"8.9A-622","catch_line":"Effect of acceptance of collateral","url":"\/8.9A-622\/","token":"8.9A\/6\/1\/8.9A-622","metadata":false},{"id":76014,"structure_id":15263,"section_number":"8.9A-623","catch_line":"Right to redeem collateral","url":"\/8.9A-623\/","token":"8.9A\/6\/1\/8.9A-623","metadata":false},{"id":86883,"structure_id":15263,"section_number":"8.9A-624","catch_line":"Waiver","url":"\/8.9A-624\/","token":"8.9A\/6\/1\/8.9A-624","metadata":false}],"next_section":{"id":74406,"structure_id":15263,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","url":"\/8.9A-602\/","token":"8.9A\/6\/1\/8.9A-602","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-601\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 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. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1973, chapter 509; in 2000, chapter 1007<\/a>; in 2004, chapter 200<\/a>; in 2024, chapter 652<\/a>.<\/p>","references":[{"id":54234,"section_number":"29.1-733.20","catch_line":"Transfer by operation of law","order_by":null,"url":"\/29.1-733.20\/"},{"id":74977,"section_number":"8.01-121","catch_line":"Final judgment","order_by":null,"url":"\/8.01-121\/"},{"id":66095,"section_number":"8.9A-335","catch_line":"Accessions","order_by":null,"url":"\/8.9A-335\/"}],"refers_to":[{"id":67103,"section_number":"8.7-106","catch_line":"Control of electronic document","order_by":null,"url":"\/8.7-106\/"},{"id":62491,"section_number":"8.9A-104","catch_line":"Control of deposit account","order_by":null,"url":"\/8.9A-104\/"},{"id":84613,"section_number":"8.9A-105","catch_line":"Control of electronic copy of record evidencing chattel paper","order_by":null,"url":"\/8.9A-105\/"},{"id":59549,"section_number":"8.9A-105.1","catch_line":"Control of electronic money","order_by":null,"url":"\/8.9A-105.1\/"},{"id":81668,"section_number":"8.9A-106","catch_line":"Control of investment property","order_by":null,"url":"\/8.9A-106\/"},{"id":58690,"section_number":"8.9A-107","catch_line":"Control of letter-of-credit right","order_by":null,"url":"\/8.9A-107\/"},{"id":76599,"section_number":"8.9A-107.1","catch_line":"Control of controllable electronic record, controllable account, or controllable payment intangible","order_by":null,"url":"\/8.9A-107.1\/"},{"id":74406,"section_number":"8.9A-602","catch_line":"Waiver and variance of rights and duties","order_by":null,"url":"\/8.9A-602\/"},{"id":69925,"section_number":"8.9A-605","catch_line":"Unknown debtor or secondary obligor","order_by":null,"url":"\/8.9A-605\/"},{"id":78656,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","order_by":null,"url":"\/8.9A-607\/"}],"permalink":{"id":284297,"object_type":"law","relational_id":87391,"identifier":"8.9A-601","token":"8.9A\/6\/1\/8.9A-601","url":"\/8.9A-601\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-601\/","token":"8.9A\/6\/1\/8.9A-601","dublin_core":{"Title":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-601","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Rights of secured party<\/span> after default<\/span>. After default<\/span>, a secured party<\/span> has the rights provided in this part and, except as otherwise provided in \u00a7 8.9A-602<\/a>, those provided by agreement of the parties. A secured party<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> may reduce a claim to judgment<\/span>, foreclose, or otherwise enforce the claim, security interest, or agricultural lien<\/span> by any available judicial procedure; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> if the collateral<\/span> is documents, may proceed either as to the documents or as to the goods they cover. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Rights and duties of secured party<\/span> in possession<\/span> or control. A secured party<\/span> in possession<\/span> of collateral<\/span> or control of collateral<\/span> under § 8.7-106<\/a>, 8.9A-104<\/a>, 8.9A-105<\/a>, 8.9A-105.1<\/a>, 8.9A-106<\/a>, 8.9A-107<\/a>, or 8.9A-107.1<\/a> has the rights and duties provided in § 8.9A-207<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Rights of debtor and obligor. Except as otherwise provided in subsection (g) and § 8.9A-605<\/a>, after default<\/span>, a debtor and an obligor have the rights provided in this part and by agreement of the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Lien<\/span> of levy<\/span> after judgment<\/span>. If a secured party<\/span> has reduced its claim to judgment<\/span>, the lien<\/span> of any levy<\/span> that may be made upon the collateral<\/span> by virtue of an execution based upon the judgment<\/span> relates back to the earliest of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the date of perfection of the security interest or agricultural lien<\/span> in the collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the date of filing a financing statement covering the collateral<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> any date specified in a statute<\/span> under which the agricultural lien<\/span> was created. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien<\/span> by judicial procedure within the meaning of this section. A secured party<\/span> may purchase at the sale and thereafter hold the collateral<\/span> free of any other requirements of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> Consignor or buyer of certain rights to payment. Except as otherwise provided in § 8.9A-607<\/a> (c), this part imposes no duties upon a secured party<\/span> that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT, CONSIGNOR OR BUYER OF ACCOUNTS,\nCHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES (\u00a7 8.9A-601)\n\na. Rights of secured party after default. After default, a secured party has the\nrights provided in this part and, except as otherwise provided in \u00a7 8.9A-602,\nthose provided by agreement of the parties. A secured party:\n\n 1. may reduce a claim to judgment, foreclose, or otherwise enforce the claim,\n security interest, or agricultural lien by any available judicial procedure;\n and\n\n 2. if the collateral is documents, may proceed either as to the documents or\n as to the goods they cover.\n\nb. Rights and duties of secured party in possession or control. A secured party\nin possession of collateral or control of collateral under § 8.7-106,\n8.9A-104, 8.9A-105, 8.9A-105.1, 8.9A-106, 8.9A-107, or 8.9A-107.1 has the rights\nand duties provided in § 8.9A-207.\n\nc. Rights cumulative; simultaneous exercise. The rights under subsections (a)\nand (b) are cumulative and may be exercised simultaneously.\n\nd. Rights of debtor and obligor. Except as otherwise provided in subsection (g)\nand § 8.9A-605, after default, a debtor and an obligor have the rights\nprovided in this part and by agreement of the parties.\n\ne. Lien of levy after judgment. If a secured party has reduced its claim to\njudgment, the lien of any levy that may be made upon the collateral by virtue of\nan execution based upon the judgment relates back to the earliest of:\n\n 1. the date of perfection of the security interest or agricultural lien in the\n collateral;\n\n 2. the date of filing a financing statement covering the collateral; or\n\n 3. any date specified in a statute under which the agricultural lien was\n created.\n\nf. Execution sale. A sale pursuant to an execution is a foreclosure of the\nsecurity interest or agricultural lien by judicial procedure within the meaning\nof this section. A secured party may purchase at the sale and thereafter hold\nthe collateral free of any other requirements of this title.\n\ng. Consignor or buyer of certain rights to payment. Except as otherwise provided\nin § 8.9A-607 (c), this part imposes no duties upon a secured party that is\na consignor or is a buyer of accounts, chattel paper, payment intangibles, or\npromissory notes.\n\nHISTORY: 1964, c. 219, \u00a7 8.9-501; 1973, c. 509; 2000, c. 1007; 2004, c. 200;\n2024, c. 652.","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}}