§ 8.01-508.How debtor may be arrested and held to answer.
Chapter 18. Executions and Other Means of Recovery · Article 6. Interrogatories · Last amended 1999 · Last verified July 16, 2026
In one sentenceGives the commissioner or court power to issue a capias or a rule to show cause against a summoned person who fails to appear, answers evasively, or fails to convey or deliver disclosed property, with incarceration until compliance, bail rights under Title 19.2, and a duty on the detaining jurisdiction to transport the person to where the interrogatories will be taken.
Full Text of § 8.01-508
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If any person summoned under § 8.01-506 fails to appear and answer, or makes any answers which are deemed by the commissioner or court to be evasive, or if, having answered, fails to make such conveyance and delivery as is required by § 8.01-507, the commissioner or court shall issue (i) a capias directed to any sheriff requiring such sheriff to take the person in default and deliver him to the commissioner or court so that he may be compelled to make proper answers, or such conveyance or delivery, as the case may be or (ii) a rule to show cause why the person summoned should not appear and make proper answer or make conveyance and delivery. If the person in default fails to answer or convey and deliver he may be incarcerated until he makes such answers or conveyance and delivery. Where a capias is issued, the person in default shall be admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 if he cannot be brought promptly before the commissioner or court in the county or city to which the capias is returnable. Upon making such answers, or such conveyance and delivery, he shall be discharged by the commissioner or the court. He may also be discharged by the court from whose clerk's office the capias issued in any case where the court is of the opinion that he was improperly committed or is improperly or unlawfully detained in custody. If the person in default appeals the decision of the commissioner or court, he shall be admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2.
If the person held for failure to appear and answer interrogatories is detained in a jurisdiction other than that where the summons is issued, the sheriff in the requesting jurisdiction shall have the duty to transport such person to the place where interrogatories are to be taken.
Plain-English Summary
Interrogatories only work if people show up and answer truthfully. Section 8.01-508 is the enforcement backstop for when they do not.
If a summoned person fails to appear, gives evasive answers, or answers but then fails to convey or deliver property as § 8.01-507 requires, the commissioner or court has two tools: a capias directing a sheriff to bring the person in, or a rule to show cause why the person should not be compelled to comply. Someone still in default after that can be jailed until they finally answer or hand over the property.
This is not unbounded detention. If the person cannot be brought promptly before the commissioner or court in the county or city where the capias is returnable, bail applies under Title 19.2’s bail article. The same bail right attaches if the person appeals the commissioner’s or court’s decision. And the court that issued the capias can order someone released if it decides the commitment or continued detention was improper.
One more piece addresses geography: if someone is held in a different jurisdiction than where the summons issued, the sheriff in the requesting jurisdiction must transport that person to wherever the interrogatories are to be taken.
Frequently Asked Questions
What can happen if a summoned person fails to appear or answers evasively?
The commissioner or court may issue a capias or a rule to show cause, and the person may be incarcerated until answering or complying.
Is a person arrested under this section entitled to bail?
Yes, under Article 1 of Chapter 9 of Title 19.2, if not brought promptly before the commissioner or court, and also when appealing the decision.
Who can order the person released from custody?
The court from whose clerk’s office the capias issued, if it finds the person was improperly committed or unlawfully detained.
What happens once the person answers or delivers the property?
The person is discharged by the commissioner or the court.
Who transports a person detained in a different jurisdiction to the interrogatory proceeding?
The sheriff in the requesting jurisdiction.
Amendment History
Code 1950, § 8-438; 1977, c. 617; 1983, c. 278; 1985, c. 290; 1986, c. 326; 1999, cc. 829, 846.
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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