When the Comptroller or other authorized person shall disallow, either in whole or in part, any such claim against the Commonwealth as is provided for by §§ 2.2-814, 2.2-815 or 8.01-605 at which time a right of action under this section shall be deemed to accrue, the person presenting such claim may petition an appropriate circuit court for redress.
§ 8.01-192.How claims to be prosecuted.
Chapter 3. Actions · Article 18. Recovery of Claims Against the Commonwealth of Virginia · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen the Comptroller or another authorized official disallows a claim against the Commonwealth in whole or part under specific statutory provisions, the right of action accrues at that moment, and the claimant may petition an appropriate circuit court for redress.
Full Text of § 8.01-192
Plain-English Summary
Section 8.01-192 opens Article 18 by describing how a claim against the Commonwealth of Virginia moves from an administrative rejection to a lawsuit. Certain claims against the Commonwealth — the kinds provided for by Sections 2.2-814, 2.2-815, and 8.01-605 — first go through the Comptroller or another authorized person for review. When that official disallows the claim, in whole or in part, something specific happens under this section: a right of action accrues at that moment.
Once the right of action has accrued, the person who presented the claim may petition an appropriate circuit court for redress. The disallowance is not the end of the road for the claimant — it is the trigger that opens the courthouse door, converting what began as an administrative claim into a judicial proceeding against the Commonwealth.
Frequently Asked Questions
What has to happen before a claimant can sue the Commonwealth under Section 8.01-192?
The Comptroller or other authorized person must disallow the claim, in whole or in part.
When does the right of action accrue under this section?
At the time of the disallowance.
What kinds of claims does this section reference?
Those provided for by Sections 2.2-814, 2.2-815, or 8.01-605.
What does the claimant do once the right of action accrues?
Petition an appropriate circuit court for redress.
Is a claimant required to go through the Comptroller before suing?
Yes, this section is triggered by the Comptroller’s, or other authorized person’s, disallowance of the claim.
Amendment History
Code 1950, § 8-752; 1966, c. 452; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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