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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83088</law_id><section_number>58.1-4013</section_number><catch_line>Right to prize not assignable; exceptions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Other Sources of State Revenue</unit><unit label="chapter" level="3" order_by="1" identifier="40">Virginia Lottery Law; Sports Betting</unit><unit label="article" level="4" order_by="1" identifier="1">Powers and Duties of Virginia Lottery Board; Administration of Tickets and Prizes</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No right of any person to a prize drawn shall be assignable, except that: (i) payment of any prize drawn may be paid according to the terms of a deceased prize winner&#x2019;s beneficiary designation or similar form filed with the <span class="dictionary">Department</span> or to the estate of a deceased prize winner who has not completed such a form; (ii) the prize to which the winner is entitled may be paid to a person pursuant to an appropriate judicial <span class="dictionary">order</span>; and (iii) payment of any prize drawn may be paid in accordance with the provisions of &#xA7; <a class="law" title="Voluntary assignment of lottery prizes or pledge as collateral for a loan; requirements for the assignees and lenders" href="/58.1-4020.1/">58.1-4020.1</a>. Payments made according to the terms of a deceased prize winner&#x2019;s beneficiary designation or similar form filed with the <span class="dictionary">Department</span> are effective by reason of the <span class="dictionary">contract</span> involved and this <span class="dictionary">statute</span> and are not to be considered as testamentary or subject to Chapter 4 (&#xA7; <a class="law" title="Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property" href="/64.2-400/">64.2-400</a> et seq.) of Title 64.2. The <span class="dictionary">Director</span> shall be discharged of all liability upon payment of a prize pursuant to this section. <a id="paragraph-297783" class="section-permalink" href="https://vacode.org/58.1-4013/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Investments of prize proceeds made by the <span class="dictionary">Department</span> to fund the payment of an annuitized prize are to be held in the name of the <span class="dictionary">Department</span> or the Commonwealth and not in the name of the prize winner. Any claim of a prize winner to a future payment remains inchoate until the date the payment is due under <span class="dictionary">Department</span> regulations. <a id="paragraph-297784" class="section-permalink" href="https://vacode.org/58.1-4013/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Except as provided in Chapter 19 (&#xA7; <a class="law" title="Definitions" href="/63.2-1900/">63.2-1900</a> et seq.) of Title 63.2 and this chapter, no <span class="dictionary">lottery</span> prize or installment thereof may be subject to <span class="dictionary">garnishment</span> or to a <span class="dictionary">lien</span> of any kind until such prize or installment thereof has been paid or distributed. <a id="paragraph-297785" class="section-permalink" href="https://vacode.org/58.1-4013/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Whenever the <span class="dictionary">Department</span> or the <span class="dictionary">Director</span> is or may be named as a <span class="dictionary">party</span> in any proceeding instituted by or on behalf of one or more persons who claim ownership of a winning <span class="dictionary">lottery</span> ticket, prize, share or portion thereof for the purpose of determining the ownership or right to such ticket, prize, share or portion thereof, the <span class="dictionary">Director</span> may voluntarily pay or tender the prize, share or portion thereof into the <span class="dictionary">circuit</span> court where the action is filed, or may be ordered to do so by the court, and shall thereupon be discharged from all liability as between the claimants of such ticket, prize, share or portion thereof without regard to whether such payment was made voluntarily or pursuant to a <span class="dictionary">court order</span>.
			Nothing in this section shall be deemed to constitute a <span class="dictionary">waiver</span> of the sovereign immunity of the Commonwealth or to authorize any <span class="dictionary">attachment</span>, <span class="dictionary">garnishment</span>, or <span class="dictionary">lien</span> against the prize, share or portion thereof paid into the court except as permitted by subsection C. <a id="paragraph-297786" class="section-permalink" href="https://vacode.org/58.1-4013/#D"><i class="fa fa-link"/></a></p></section></text><history>1987, c. 531; 1992, c. 449; 1995, c. 423; 2003, c. 924.</history><metadata></metadata></law>
