§ 8.01-602.Proceedings when owner of money under control of court unknown.
Chapter 22. Receivers, General and Special · Article 3. General Provisions for Moneys under Control of Court · Last amended 1988 · Last verified July 16, 2026
Full Text of § 8.01-602
Plain-English Summary
Money held by a Virginia court does not stay in limbo forever. This section applies whenever money has remained payable or distributable for one year in the custody or under the control of any court without anyone known to the court claiming it. Once that year passes, the court must have the money reported and then remitted to the State Treasurer under §§ 55.1-2518 and 55.1-2524.
A narrow exception protects funds tied to pending condemnation cases: money deposited as compensation and damages in condemnation proceedings under § 25.1-237, while a final order is still pending, or money held under § 33.2-1019, is not swept into this remittance requirement.
The section assigns the job of catching unclaimed money to the officials already holding it. The general receiver, if one has been appointed, and the clerk of the circuit court are responsible for identifying such money under their respective control — held under §§ 8.01-582 and 8.01-600 — and for petitioning the court to remit it as this section provides.
Frequently Asked Questions
How long must money go unclaimed before this section requires it to be remitted?
One year, remaining payable or distributable without anyone known to the court claiming it.
What money is excluded from this remittance requirement?
Funds deposited as compensation and damages in condemnation proceedings under § 25.1-237 pending a final order, and funds held under § 33.2-1019.
Where does unclaimed money go once this section applies?
It is remitted to the State Treasurer pursuant to §§ 55.1-2518 and 55.1-2524.
Who is responsible for identifying money that has become unclaimed under this section?
The general receiver, if one has been appointed, and the clerk of the circuit court, for money under their respective control.
What must those officials do once they identify unclaimed money?
Petition the court to remit the money as provided in this section.
Amendment History
Code 1950, § 8-746; 1966, c. 210; 1977, c. 617; 1982, c. 155; 1984, c. 121; 1987, c. 708; 1988, c. 841.