A court shall not grant equitable relief in a suit upon a bond, note, or writing, by an assignee or holder thereof, unless it appears that the plaintiff had no adequate remedy thereon at law.
§ 8.01-33.Equitable relief in certain cases.
Chapter 3. Actions · Article 2. Actions on Contracts Generally · Last amended 2005 · Last verified July 16, 2026
In one sentenceSection 8.01-33 bars a court from granting equitable relief to an assignee or holder suing on a bond, note, or writing unless the plaintiff shows no adequate remedy exists at law.
Full Text of § 8.01-33
Plain-English Summary
Section 8.01-33 codifies a limit on equitable relief for a particular kind of plaintiff: an assignee or holder suing on a bond, note, or writing. A court cannot grant that plaintiff equitable relief unless it appears the plaintiff had no adequate remedy at law on the same bond, note, or writing.
In practice, this channels most disputes over notes and bonds toward the legal actions this article already provides — such as the action on a signed note under Section 8.01-27 — and reserves equity for situations where those legal remedies fall short.
Frequently Asked Questions
Can an assignee of a promissory note ask a court for equitable relief instead of suing at law?
Only if the plaintiff shows there was no adequate remedy available at law. Otherwise, Section 8.01-33 requires the court to deny equitable relief.
Who does this limitation apply to?
An assignee or holder of a bond, note, or writing who brings suit on it.
What must a plaintiff show to get around this restriction?
That the plaintiff had no adequate remedy on the bond, note, or writing at law — that is, that a legal action would not fully address the claim.
Why would someone want equitable relief instead of a legal action on a note?
Equitable remedies can offer relief a legal action cannot, such as specific performance or reformation of the instrument. Section 8.01-33 makes clear a court may grant that relief only when suing at law would leave the plaintiff without an adequate remedy.
Does Section 8.01-33 prevent all equity suits on notes and bonds?
No. It doesn’t ban equitable relief outright — it conditions it on the absence of an adequate remedy at law, leaving equity available when legal remedies fall short.
Amendment History
Code 1950, § 8-518; 1977, c. 617; 2005, c. 681.
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
Also known as: adequate remedy at law Virginiaequitable relief on a note Virginia8.01-33 Virginia codeassignee suit on a bond Virginiaequity versus law Virginia contract claimholder of a note equitable relief