                                 CODE OF VIRGINIA

RECOVERY FROM FUND, GENERALLY (§ 46.2-1527.3)

Except as otherwise provided in this chapter, whenever any person is awarded a
final judgment in a court of competent jurisdiction in the Commonwealth for (i)
any loss or damage in connection with the purchase or lease of a motor vehicle
by reason of any fraud practiced on him or fraudulent representation made to him
by a licensed or registered motor vehicle dealer participating in the Motor
Vehicle Transaction Recovery Fund or one of a dealer&#8217;s salespersons acting
for the dealer or within the scope of his employment or (ii) any loss or damage
by reason of the violation by a dealer or salesperson participating in the Motor
Vehicle Transaction Recovery Fund of any of the provisions of this chapter, the
judgment creditor may file a verified claim with the Board, requesting payment
from the Fund of the amount unpaid on the judgment subject to the following
conditions:

1. The claim shall be filed with the Board no sooner than 30 days and no later
than 12 months after the judgment becomes final along with the evidence of
compliance with subdivision 3 below.

2. The Board shall consider for payment claims submitted by retail purchasers of
motor vehicles, and for purchases of motor vehicles by licensed or registered
motor vehicle dealers who contribute to the Fund. The Board shall also consider
for payment claims submitted by lessees of motor vehicles leased from licensed
or registered motor vehicle dealers who contribute to the Fund.

3. If the final judgment from a court of competent jurisdiction includes, as
part of the judgment, an award of attorney fees and court costs, the Fund may
include those in its payment of the claim if (i) the claimant had previously
submitted to the trial court a detailed and itemized affidavit by counsel for
the judgment creditor seeking such fees and costs, including a breakdown of the
hours worked and the subject matter of those hours; (ii) said itemized affidavit
formed the basis of the court&#8217;s award of such fees; and (iii) a copy of
such affidavit is provided to the Board with the judgment creditor&#8217;s
claim. If the award of attorney fees and costs by the trial court was not based
on a detailed and itemized affidavit from counsel for the judgment creditor with
a breakdown of the hours worked, then the Board may review and limit any claim
for attorney fees to those attorney fees directly attributable to that portion
of the final judgment that is determined to be a compensable claim by the Board
against the Fund, and the Board may require a detailed itemization from counsel
before considering such claim for attorney fees.

HISTORY: 1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2003, c. 331; 2007, c.
826; 2015, c. 615.