§ 8.01-465.19.Asserting and defending foreign-money claim.
Chapter 17.3. Uniform Foreign-money Claims Act · Last amended 1991 · Last verified July 16, 2026
In one sentenceThis section lets a claimant choose to plead a claim in a specified foreign currency, defaulting to United States dollars if it does not, allows an opposing party to allege and prove a different currency applies, permits defenses and counterclaims in any currency regardless of the claim's currency, and makes the choice of currency a question decided by the court as a matter of law.
Full Text of § 8.01-465.19
Text size
A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
An opposing party may allege and shall prove that all or part of a claim is in a different money than that asserted by the claimant. A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.
The determination of the proper money of the claim is a question of law.
Plain-English Summary
Once a case is underway, someone has to plead a currency for the claim, and this section supplies the pleading mechanics. A person may assert a claim in a specified foreign money; if no foreign-money claim is asserted, the claimant is treated as making the claim in United States dollars by default.
The opposing party is not stuck with the claimant's choice. It may allege, and must prove, that all or part of the claim is in a different money than the one the claimant asserted. Independent of that dispute, a person may assert a defense, setoff, recoupment, or counterclaim in any money at all, without regard to whatever currency the other claims in the case use.
The section closes with a rule that shapes how these disputes get resolved procedurally: the determination of the proper money of the claim “is a question of law.” That keeps currency disputes in the judge's hands rather than the jury's, consistent with the factors § 8.01-465.17 sets out for making that determination.
Frequently Asked Questions
What currency does a claim default to if the claimant does not specify a foreign money?
United States dollars.
Can an opposing party contest the currency the claimant chose?
Yes, it may allege and must prove that all or part of the claim is in a different money.
Must a defense or counterclaim be stated in the same currency as the underlying claim?
No, a person may assert a defense, setoff, recoupment, or counterclaim “in any money without regard to the money of other claims.”
Who decides which currency properly applies to a claim?
The court, since the determination of the proper money of the claim “is a question of law.”
Who bears the burden of proving a different currency applies than the one the claimant asserted?
The opposing party alleging the different money.
Amendment History
1991, c. 24.
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:pleading a foreign currency claim in virginiadefending a foreign money claim different currency virginiacounterclaim in a different currency virginia lawquestion of law money of the claim virginia