§ 8.01-506. Proceedings by interrogatories to ascertain estate of debtor;summons; proviso; objections by judgment debtor.
A. To ascertain the personal estate of a judgment debtor, and to ascertainany real estate, in or out of this Commonwealth, to which the debtor named ina judgment and fieri facias is entitled, upon the application of theexecution creditor, the clerk of the court from which such fieri faciasissued shall issue a summons against (i) the execution debtor, (ii) anyofficer of the corporation if such execution debtor is a corporation havingan office in this Commonwealth, (iii) any employee of a corporation if suchexecution debtor is a corporation having an office but no officers in theCommonwealth provided that a copy of the summons shall also be served uponthe registered agent of the corporation, or (iv) any debtor to, or bailee of,the execution debtor.
B. The summons shall require him to appear before the court from which thefieri facias issued or a commissioner of the county or city in which suchcourt is located, or a like court or a commissioner of a county or citycontiguous thereto, or upon request of the execution creditor, before a likecourt or a commissioner of the county or city in which the execution debtorresides, or of a county or city contiguous thereto, to answer suchinterrogatories as may be propounded to him by the execution creditor or hisattorney, or the court, or the commissioner, as the case may be. If theexecution creditor requests that the summons require the execution debtor toappear before a like court of the county or city in which the executiondebtor resides, or of a county or city contiguous thereto, the case may befiled or docketed in accordance with the requirements of § 8.01-506.2 priorto issuance of the summons.
C. Provided, however, that as a condition precedent to proceeding under thissection, the execution creditor has furnished to the court a certificatesetting forth that he has not proceeded against the execution debtor underthis section within the six months last preceding the date of suchcertificate. Except that for good cause shown, the court may, on motion ofthe execution creditor, issue an order allowing further proceedings before acommissioner by interrogatories during the six-month period. Any judgmentcreditor who knowingly gives false information upon any such certificate madeunder this article shall be guilty of a Class 1 misdemeanor. The issuance ofa summons that is not served shall not constitute the act of proceedingagainst an execution debtor for purposes of making the certificate requiredby this subsection.
D. The debtor or other person served with such summons shall appear at thetime and place mentioned and make answer to such interrogatories. Thecommissioner shall, at the request of either of the parties, enter in hisproceedings and report to the court mentioned in § 8.01-507.1, any and allobjections taken by such debtor against answering such interrogatories, orany or either of them, and if the court afterwards sustains any one or moreof such objections, the answers given to such interrogatories as to whichobjections are sustained shall be held for naught in that or any other case.
E. Notwithstanding the foregoing provisions of this section, the court fromwhich a writ of fieri facias issued, upon motion by the execution debtor andfor good cause shown, shall transfer debtor interrogatory proceedings to aforum more convenient to the execution debtor.
(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.)
§ 8.01-506. Proceedings by interrogatories to ascertain estate of debtor;summons; proviso; objections by judgment debtor.
A. To ascertain the personal estate of a judgment debtor, and to ascertainany real estate, in or out of this Commonwealth, to which the debtor named ina judgment and fieri facias is entitled, upon the application of theexecution creditor, the clerk of the court from which such fieri faciasissued shall issue a summons against (i) the execution debtor, (ii) anyofficer of the corporation if such execution debtor is a corporation havingan office in this Commonwealth, (iii) any employee of a corporation if suchexecution debtor is a corporation having an office but no officers in theCommonwealth provided that a copy of the summons shall also be served uponthe registered agent of the corporation, or (iv) any debtor to, or bailee of,the execution debtor.
B. The summons shall require him to appear before the court from which thefieri facias issued or a commissioner of the county or city in which suchcourt is located, or a like court or a commissioner of a county or citycontiguous thereto, or upon request of the execution creditor, before a likecourt or a commissioner of the county or city in which the execution debtorresides, or of a county or city contiguous thereto, to answer suchinterrogatories as may be propounded to him by the execution creditor or hisattorney, or the court, or the commissioner, as the case may be. If theexecution creditor requests that the summons require the execution debtor toappear before a like court of the county or city in which the executiondebtor resides, or of a county or city contiguous thereto, the case may befiled or docketed in accordance with the requirements of § 8.01-506.2 priorto issuance of the summons.
C. Provided, however, that as a condition precedent to proceeding under thissection, the execution creditor has furnished to the court a certificatesetting forth that he has not proceeded against the execution debtor underthis section within the six months last preceding the date of suchcertificate. Except that for good cause shown, the court may, on motion ofthe execution creditor, issue an order allowing further proceedings before acommissioner by interrogatories during the six-month period. Any judgmentcreditor who knowingly gives false information upon any such certificate madeunder this article shall be guilty of a Class 1 misdemeanor. The issuance ofa summons that is not served shall not constitute the act of proceedingagainst an execution debtor for purposes of making the certificate requiredby this subsection.
D. The debtor or other person served with such summons shall appear at thetime and place mentioned and make answer to such interrogatories. Thecommissioner shall, at the request of either of the parties, enter in hisproceedings and report to the court mentioned in § 8.01-507.1, any and allobjections taken by such debtor against answering such interrogatories, orany or either of them, and if the court afterwards sustains any one or moreof such objections, the answers given to such interrogatories as to whichobjections are sustained shall be held for naught in that or any other case.
E. Notwithstanding the foregoing provisions of this section, the court fromwhich a writ of fieri facias issued, upon motion by the execution debtor andfor good cause shown, shall transfer debtor interrogatory proceedings to aforum more convenient to the execution debtor.
(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.)
§ 8.01-506. Proceedings by interrogatories to ascertain estate of debtor;summons; proviso; objections by judgment debtor.
A. To ascertain the personal estate of a judgment debtor, and to ascertainany real estate, in or out of this Commonwealth, to which the debtor named ina judgment and fieri facias is entitled, upon the application of theexecution creditor, the clerk of the court from which such fieri faciasissued shall issue a summons against (i) the execution debtor, (ii) anyofficer of the corporation if such execution debtor is a corporation havingan office in this Commonwealth, (iii) any employee of a corporation if suchexecution debtor is a corporation having an office but no officers in theCommonwealth provided that a copy of the summons shall also be served uponthe registered agent of the corporation, or (iv) any debtor to, or bailee of,the execution debtor.
B. The summons shall require him to appear before the court from which thefieri facias issued or a commissioner of the county or city in which suchcourt is located, or a like court or a commissioner of a county or citycontiguous thereto, or upon request of the execution creditor, before a likecourt or a commissioner of the county or city in which the execution debtorresides, or of a county or city contiguous thereto, to answer suchinterrogatories as may be propounded to him by the execution creditor or hisattorney, or the court, or the commissioner, as the case may be. If theexecution creditor requests that the summons require the execution debtor toappear before a like court of the county or city in which the executiondebtor resides, or of a county or city contiguous thereto, the case may befiled or docketed in accordance with the requirements of § 8.01-506.2 priorto issuance of the summons.
C. Provided, however, that as a condition precedent to proceeding under thissection, the execution creditor has furnished to the court a certificatesetting forth that he has not proceeded against the execution debtor underthis section within the six months last preceding the date of suchcertificate. Except that for good cause shown, the court may, on motion ofthe execution creditor, issue an order allowing further proceedings before acommissioner by interrogatories during the six-month period. Any judgmentcreditor who knowingly gives false information upon any such certificate madeunder this article shall be guilty of a Class 1 misdemeanor. The issuance ofa summons that is not served shall not constitute the act of proceedingagainst an execution debtor for purposes of making the certificate requiredby this subsection.
D. The debtor or other person served with such summons shall appear at thetime and place mentioned and make answer to such interrogatories. Thecommissioner shall, at the request of either of the parties, enter in hisproceedings and report to the court mentioned in § 8.01-507.1, any and allobjections taken by such debtor against answering such interrogatories, orany or either of them, and if the court afterwards sustains any one or moreof such objections, the answers given to such interrogatories as to whichobjections are sustained shall be held for naught in that or any other case.
E. Notwithstanding the foregoing provisions of this section, the court fromwhich a writ of fieri facias issued, upon motion by the execution debtor andfor good cause shown, shall transfer debtor interrogatory proceedings to aforum more convenient to the execution debtor.
(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.)
