The Comptroller shall institute and prosecute all proceedings proper to enforce payment of money to the Commonwealth.
§ 8.01-196.Comptroller to institute proceedings.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-196 charges the Comptroller with the duty to institute and prosecute all proceedings needed to enforce payment of money owed to the Commonwealth of Virginia.
Full Text of § 8.01-196
Plain-English Summary
Section 8.01-196 is short, but it answers a basic question about who acts on the Commonwealth’s behalf when someone owes it money: the Comptroller. The section directs the Comptroller to institute and prosecute all proceedings proper to enforce payment of money to the Commonwealth, covering the collection actions described throughout the rest of this article — motions on bonds, executions against debtors and sureties, and the sale of seized property.
The section does not itself describe how those proceedings work; the sections that follow fill in that detail, from naming the proper defendant to executing on real estate. What Section 8.01-196 establishes is the starting point — the office responsible for setting a Commonwealth collection matter in motion.
Frequently Asked Questions
Who is responsible for suing to collect debts owed to Virginia?
The Comptroller. Section 8.01-196 directs the Comptroller to institute and prosecute all proceedings proper to enforce payment of money owed to the Commonwealth.
Does this section cover all types of debts owed to the state?
It covers proceedings to enforce payment of money to the Commonwealth generally, and works together with the more specific procedures set out in the rest of Article 19 for particular kinds of debts and collection methods.
Does the Comptroller need anyone else’s approval to sue?
Section 8.01-196 itself does not require separate approval to institute a proceeding, though other sections in this article — such as the Comptroller’s power to settle old claims — call for the Attorney General’s advice in specific circumstances.
Is this the same as a private creditor suing to collect a debt?
No. The Comptroller acts on behalf of the Commonwealth under a specific statutory duty, and the following sections of this article set out procedures — such as who can be sued and how judgments and executions work — that differ from an ordinary private collection suit.
What kinds of proceedings can the Comptroller bring under this section?
Any proceeding proper to enforce payment of money to the Commonwealth, which the rest of Article 19 develops into specific mechanisms like motions for judgment, executions, and real estate sales.
Amendment History
Code 1950, § 8-758; 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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