A. In any action for recovery of a debt the defendant may plead payment of the debt or any part thereof prior to the commencement of the action.
§ 8.01-421.Payment may be pleaded; payment into court of part of claim; procedure upon such payment.
Chapter 15. Payment and Setoff · Last amended 1978 · Last verified July 16, 2026
In one sentenceSection 8.01-421 lets a defendant in a debt action plead prior payment as a defense, and lets a defendant in any personal action pay money into court while denying greater liability, so the plaintiff can accept it in full or partial satisfaction, with the payment itself kept out of evidence.
Full Text of § 8.01-421
B. In any personal action, the defendant may pay into court a sum of money on account of what is claimed, or by way of compensation or amends, and plead that he is not indebted to the plaintiff, or that the plaintiff has not sustained damages, to a greater amount than such sum. The plaintiff may accept such sum either in full satisfaction, and then have judgment for his costs, or in part satisfaction, and reply to the allegations of the defendant's pleadings, and, if issue thereon be found for the defendant, judgment shall be given for the defendant, and he shall recover his costs. The payment of such sum into court shall not be admissible in evidence.
Plain-English Summary
Subsection A covers a plain defense: in a debt action, a defendant can plead that the debt, or part of it, was already paid before the suit began. It gives a defendant a way to shrink or defeat a claim without disputing the underlying obligation.
Subsection B covers a different maneuver. A defendant in a personal action can pay a sum of money into court on account of the claim, or as compensation, and then plead that they do not owe the plaintiff, or that the plaintiff has not suffered damages, beyond that amount. The plaintiff then chooses: accept the payment as full satisfaction and recover costs, or accept it as partial satisfaction and keep litigating over the rest, replying to the defendant’s pleading. If the issue goes to trial and the defendant wins on it, judgment — and costs — go to the defendant. Either way, the fact that money was paid into court never comes into evidence.
Frequently Asked Questions
Can a defendant argue that a debt was already paid before the lawsuit started?
Yes. In an action to recover a debt, the defendant may plead payment of the debt or any part of it made prior to the commencement of the action.
What does it mean for a defendant to “pay money into court”?
The defendant deposits a sum with the court on account of the claim or as compensation, then pleads that the plaintiff is not owed, or has not suffered damages, beyond that amount.
What happens if the plaintiff accepts the money paid into court?
The plaintiff can accept it in full satisfaction and recover costs, or accept it in part satisfaction and continue litigating the remainder.
Can the jury be told that the defendant paid money into court?
No. The payment of the sum into court is not admissible in evidence.
What happens if the defendant wins on their claim that they do not owe more than the amount paid in?
Judgment is given for the defendant, and the defendant recovers costs.
Amendment History
Code 1950, §§ 8-236, 8-237, 8-238; 1954, c. 333; 1977, c. 617; 1978, c. 416.
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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