After a debt to the Commonwealth shall have been paid, if it appear that an error or mistake has been committed to its prejudice, whether before or after the issuing of execution, a motion may be made on ten days' notice against any person liable for the debt, for the amount of such error or mistake, and judgment may be given therefor, without interest or damages thereon.
§ 8.01-200.Mistakes against State corrected.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-200 lets the Commonwealth correct an underpayment discovered after a debt was supposedly paid in full, by moving on ten days’ notice against the person liable for the amount of the error, without interest or damages.
Full Text of § 8.01-200
Plain-English Summary
Section 8.01-200 addresses what happens when a debt to the Commonwealth turns out to have been paid incorrectly. If, after the debt has been paid, an error or mistake to the Commonwealth’s prejudice comes to light — whether that discovery happens before or after an execution has already issued — the Commonwealth can bring a motion on ten days’ notice against anyone liable for the debt.
The remedy is narrow by design. The motion reaches only the amount of the error or mistake itself, and the resulting judgment carries no interest or damages on top of that shortfall. The section gives the Commonwealth a streamlined way to fix an accounting error without reopening the whole original proceeding.
Frequently Asked Questions
What happens if the Commonwealth later discovers it was shortchanged on a paid debt?
It can bring a motion against the person liable for the debt to recover the amount of the error or mistake, even though the debt was thought to be fully paid.
How much notice does the debtor get before this kind of motion?
Ten days’ notice, as required by Section 8.01-200.
Can the Commonwealth collect interest or damages on top of the shortfall?
No. The judgment under this section is limited to the amount of the error or mistake, without interest or damages.
Does it matter whether the mistake was found before or after execution was issued?
No. The section applies whether the error or mistake to the Commonwealth’s prejudice is discovered before or after the issuing of execution.
Is this a new lawsuit or a motion in an existing proceeding?
It is a motion brought on ten days’ notice against the person liable for the debt, a streamlined procedure rather than a full new lawsuit.
Amendment History
Code 1950, § 8-763; 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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