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§ 8.01-525.7.Trustee; rights and duties; compensation.

Chapter 18.1. Assignments for Benefit of Creditors · Article 2. Assignment of Salary, Wages, or Income · Last amended 2019 · Last verified July 16, 2026

In one sentenceOnce appointed, a trustee must file written reports as the court requires, may keep a five percent fee from the funds he handles unless he is a public officer barred from personal use of it, can redirect payments owed to the debtor into his own hands, and may compromise creditor claims he judges beneficial to the group.

Full Text of § 8.01-525.7

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A trustee appointed pursuant to § 8.01-525.6 shall make written reports to the court as required by the court. The trustee may charge a fee of five percent of such salary, wages, or income received and disbursed by him; however, no public officer or employee who receives a full-time salary and who acts as trustee under this article shall retain such fee for his personal use.
The trustee, upon being appointed, shall give written notice to any person, firm, or corporation who may owe the debtor any salary, wages, or income, and upon receiving such notice such person, firm, or corporation shall pay to the trustee any salary, wages, or income that are owed to such debtor, at the time it would otherwise be due to the debtor.
The trustee may compromise and settle any claims against the debtor when he believes such compromise shall be for the benefit of all the creditors.

Plain-English Summary

Once a court appoints a trustee under § 8.01-525.6, this section spells out what he can charge and what he must do. He may keep a fee of five percent of the salary, wages, or income he receives and pays out, compensation for the bookkeeping and disbursement work the role demands. But if the trustee happens to be a full-time public officer or employee, he cannot pocket that fee for himself; the article treats that money differently when a public salary already covers his time.

The trustee’s authority reaches beyond the debtor’s own hands. Once he notifies anyone who owes the debtor salary, wages, or income — an employer, for instance — that person must start paying the trustee directly, at whatever time the money would otherwise have gone to the debtor. That redirection is what makes the assignment work in practice: the money never passes through the debtor before it is divided among creditors.

The trustee also has some latitude to negotiate. He may compromise and settle a creditor’s claim against the debtor when he judges the deal will benefit the creditors as a group, letting him close out disputed or marginal claims without asking the court to referee every one.

Frequently Asked Questions

How much can a trustee charge for handling the funds?

Up to five percent of the salary, wages, or income he receives and disburses.

Can a public employee acting as trustee keep that fee?

No. A public officer or employee who receives a full-time salary and acts as trustee cannot retain the fee for his personal use.

What happens once the trustee notifies the debtor’s employer or others who owe him money?

They must pay the trustee, not the debtor, whatever salary, wages, or income they owe, at the time it would otherwise be due.

Can the trustee negotiate down what is owed to individual creditors?

Yes. He may compromise and settle claims against the debtor when he believes doing so benefits all the creditors.

Does the trustee answer to the court?

Yes. He must make written reports to the court as the court requires.

Amendment History

1936, p. 523; Michie Code 1942, § 5278f; Code 1950, § 55-162; 2019, c. 712.

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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