§ 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
Full Text of § 8.01-525.7
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.