                                 CODE OF VIRGINIA

HOW DEBTOR MAY BE ARRESTED AND HELD TO ANSWER (§ 8.01-508)

If any person summoned under § 8.01-506 fails to appear and answer, or makes
any answers which are deemed by the commissioner or court to be evasive, or if,
having answered, fails to make such conveyance and delivery as is required by §
8.01-507, the commissioner or court shall issue (i) a capias directed to any
sheriff requiring such sheriff to take the person in default and deliver him to
the commissioner or court so that he may be compelled to make proper answers, or
such conveyance or delivery, as the case may be or (ii) a rule to show cause why
the person summoned should not appear and make proper answer or make conveyance
and delivery. If the person in default fails to answer or convey and deliver he
may be incarcerated until he makes such answers or conveyance and delivery.
Where a capias is issued, the person in default shall be admitted to bail as
provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 if he
cannot be brought promptly before the commissioner or court in the county or
city to which the capias is returnable. Upon making such answers, or such
conveyance and delivery, he shall be discharged by the commissioner or the
court. He may also be discharged by the court from whose clerk&#8217;s office
the capias issued in any case where the court is of the opinion that he was
improperly committed or is improperly or unlawfully detained in custody. If the
person in default appeals the decision of the commissioner or court, he shall be
admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of
Title 19.2.
		If the person held for failure to appear and answer interrogatories is
detained in a jurisdiction other than that where the summons is issued, the
sheriff in the requesting jurisdiction shall have the duty to transport such
person to the place where interrogatories are to be taken.

HISTORY: Code 1950, § 8-438; 1977, c. 617; 1983, c. 278; 1985, c. 290; 1986, c.
326; 1999, cc. 829, 846.