                                 CODE OF VIRGINIA

PROCEEDINGS BY INTERROGATORIES TO ASCERTAIN ESTATE OF DEBTOR; SUMMONS; PROVISO;
OBJECTIONS BY JUDGMENT DEBTOR (§ 8.01-506)

A. To ascertain the personal estate of a judgment debtor, and to ascertain any
real estate, in or out of the Commonwealth, to which the debtor named in a
judgment and fieri facias is entitled, upon the application of the execution
creditor, the clerk of the court from which such fieri facias issued shall issue
a summons against (i) the execution debtor; (ii) any officer, manager, or
partner of a corporation, limited liability company, partnership, or other
business entity if such execution debtor is an entity having an office in the
Commonwealth; (iii) any employee of such entity if such execution debtor is an
entity having an office but no known officers, managers, or partners in the
Commonwealth, provided that a copy of the summons shall also be served upon the
registered agent of such entity; or (iv) any debtor to, or bailee of, the
execution debtor if the judgment creditor or such judgment creditor&#8217;s
attorney files an affidavit that he knows or reasonably suspects such person to
be a debtor to, or bailee of, the execution debtor.

B. The summons shall require him to appear before the court from which the fieri
facias issued or a commissioner of the county or city in which such court is
located, or a like court or a commissioner of a county or city contiguous
thereto, or upon request of the execution creditor, before a like court or a
commissioner of the county or city in which the execution debtor resides, or of
a county or city contiguous thereto, to answer such interrogatories as may be
propounded to him by the execution creditor or his attorney, or the court, or
the commissioner, as the case may be. If the execution creditor requests that
the summons require the execution debtor to appear before a like court of the
county or city in which the execution debtor resides, or of a county or city
contiguous thereto, the case may be filed or docketed in accordance with the
requirements of &#xA7; 8.01-506.2 prior to issuance of the summons.

C. Before proceeding under this section, the execution creditor shall furnish to
the court a certificate setting forth that he has not proceeded against the
execution debtor under this section within the six months last preceding the
date of such certificate. However, for good cause shown, the court may, on
motion of the execution creditor, issue an order allowing further proceedings
before a commissioner by interrogatories during the six-month period. Any
judgment creditor who knowingly gives false information upon any such
certificate made under this article is guilty of a Class 1 misdemeanor. The
issuance of a summons that is not served shall not constitute the act of
proceeding against an execution debtor for purposes of making the certificate
required by this subsection.

D. The debtor or other person served with such summons shall appear at the time
and place mentioned and make answer to such interrogatories. The commissioner
shall, at the request of either of the parties, enter in his proceedings and
report to the court mentioned in &#xA7; 8.01-507.1 any and all objections taken
by such debtor against answering such interrogatories, or any or either of them,
and if the court afterwards sustains any one or more of such objections, the
answers given to such interrogatories as to which objections are sustained shall
be held for naught in that or any other case.

E. Notwithstanding the foregoing provisions of this section, the court from
which a writ of fieri facias issued, upon motion by the execution debtor, or by
a person summoned pursuant to clause (iv) of subsection A, for good cause shown,
shall transfer debtor interrogatory proceedings to a more convenient forum.

HISTORY: Code 1950, § 8-435; 1952, c. 699; 1968, c. 599; 1977, c. 617; 1978, c.
66; 1979, c. 225; 1985, c. 433; 1987, c. 182; 1991, c. 463; 2005, c. 726; 2009,
c. 622; 2024, c. 744.