§ 8.01-506.Proceedings by interrogatories to ascertain estate of debtor; summons; proviso; objections by judgment debtor.
Chapter 18. Executions and Other Means of Recovery · Article 6. Interrogatories · Last amended 2024 · Last verified July 16, 2026
In one sentenceLets a judgment creditor obtain a summons compelling the judgment debtor — or, in defined circumstances, an officer, employee, or third party who owes the debtor money or holds the debtor’s property — to appear and answer post-judgment interrogatories about the debtor’s estate, subject to a six-month gap rule, an objection procedure, and a right to transfer the proceeding.
A.To ascertain the personal estate of a judgment debtor, and to ascertain any real estate, in or out of the Commonwealth, to which the debtor named in a judgment and fieri facias is entitled, upon the application of the execution creditor, the clerk of the court from which such fieri facias issued shall issue a summons against (i) the execution debtor; (ii) any officer, manager, or partner of a corporation, limited liability company, partnership, or
other business entity if such execution debtor is an entity having an office in the Commonwealth; (iii) any employee of such entity if such execution debtor is an entity having an office but no known officers, managers, or partners in the Commonwealth, provided that a copy of the summons shall also be served upon the registered agent of such entity; or (iv) any debtor to, or bailee of, the execution debtor if the judgment creditor or such judgment creditor's attorney files an affidavit that he knows or reasonably suspects such person to be a debtor to, or bailee of, the execution debtor.
B.The summons shall require him to appear before the court from which the fieri facias issued or a commissioner of the county or city in which such court is located, or a like court or a commissioner of a county or city contiguous thereto, or upon request of the execution creditor, before a like court or a commissioner of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, to answer such interrogatories as may be propounded to him by the execution creditor or his attorney, or the court, or the commissioner, as the case may be. If the execution creditor requests that the summons require the execution debtor to appear before a like court of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, the case may be filed or docketed in accordance with the requirements of § 8.01-506.2 prior to issuance of the summons.
C.Before proceeding under this section, the execution creditor shall furnish to the court a certificate setting forth that he has not proceeded against the execution debtor under this section within the six months last preceding the date of such certificate. However, for good cause shown, the court may, on motion of the execution creditor, issue an order allowing further proceedings before a commissioner by interrogatories during the six-month period. Any judgment creditor who knowingly gives false information upon any such certificate made under this article is guilty of a Class 1 misdemeanor. The issuance of a summons that is not served shall not constitute the act of proceeding against an execution debtor for purposes of making the certificate required by this subsection.
D.The debtor or other person served with such summons shall appear at the time and place mentioned and make answer to such interrogatories. The commissioner shall, at the request of either of the parties, enter in his proceedings and report to the court mentioned in § 8.01-507.1 any and all objections taken by such debtor against answering such interrogatories, or any or either of them, and if the court afterwards sustains any one or more of such objections, the answers given to such interrogatories as to which objections are sustained shall be held for naught in that or any other case.
E.Notwithstanding the foregoing provisions of this section, the court from which a writ of fieri facias issued, upon motion by the execution debtor, or by a person summoned pursuant to clause (iv) of subsection A, for good cause shown, shall transfer debtor interrogatory proceedings to a more convenient forum.
Plain-English Summary
Once a creditor has a judgment and a writ of fieri facias, the next challenge is finding out what the debtor owns. Section 8.01-506 supplies the tool: post-judgment debtor interrogatories, a formal question-and-answer session conducted under court or commissioner supervision, distinct from the pretrial discovery interrogatories used before trial.
The clerk can summon the debtor directly. If the debtor is a business entity, the summons can instead reach an officer, manager, or partner, or, when the entity has no known officers in Virginia, an employee, with a copy also going to the registered agent. The creditor can even summon someone who is not the debtor at all: anyone the creditor or the creditor’s attorney swears, by affidavit, is reasonably suspected of owing the debtor money or holding the debtor’s property as a bailee.
The hearing can happen before the issuing court or a commissioner, generally in the county or city where that court sits or a contiguous one, though the creditor can request the debtor’s home county instead. To keep debtors from being hauled in repeatedly, the creditor must certify that no prior interrogatory proceeding was filed against this debtor in the last six months, unless the court allows an exception for good cause. Lying on that certificate is a Class 1 misdemeanor.
The debtor can object to specific questions; the commissioner logs those objections for the court to rule on later, and any answer tied to a sustained objection is held for naught. And if the proceeding lands somewhere inconvenient, the debtor — or a third party summoned as a suspected debtor or bailee — can ask the court to transfer it somewhere more workable.
Frequently Asked Questions
Who can be summoned to answer interrogatories under this section?
The execution debtor; for an entity debtor, an officer, manager, or partner, or an employee with a copy to the registered agent if there are no known officers; or any third party reasonably suspected of owing the debtor money or holding the debtor’s property.
How often can a creditor bring interrogatory proceedings against the same debtor?
Not more than once every six months, unless the court allows an earlier proceeding for good cause.
What happens if a judgment creditor lies on the required certificate?
The creditor is guilty of a Class 1 misdemeanor.
Can the debtor object to specific interrogatories?
Yes. Objections are noted by the commissioner and reported to the court; if an objection is sustained, the related answer is held for naught.
Can debtor interrogatory proceedings be moved to a different location?
Yes. On motion of the execution debtor or a summoned third party, for good cause shown, the court must transfer the proceeding to a more convenient forum.
Amendment History
Code 1950, § 8-435; 1952, c. 699; 1968, c. 599; 1977, c. 617; 1978, c. 66; 1979, c. 225; 1985, c. 433; 1987, c. 182; 1991, c. 463; 2005, c. 726; 2009, c. 622; 2024, c. 744.
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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