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§ 8.01-617.Settlement of accounts of special receivers and special commissioners.

Chapter 23. Commissioners in Chancery · Last amended 1988 · Last verified July 16, 2026

In one sentenceThis section requires each circuit court to designate a standing commissioner in chancery to audit the accounts of special receivers and special commissioners, who must submit signed, voucher-backed statements within four months of when distribution was due or forfeit their compensation, with a substitute stepping in when the regular commissioner is himself being audited.

Full Text of § 8.01-617

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Every circuit court, by an order entered of record, shall appoint one of its commissioners in chancery, who shall hold office at its pleasure, to state and settle the accounts of all special receivers and of all special commissioners holding funds or evidences of debt subject to the order of the court.
All special receivers and special commissioners shall, unless their accounts have been previously verified and approved by the court, and ordered to be recorded, with reasonable promptness, and not longer than four months after any money in their hands should be distributed or at other intervals specified by the court, present to such commissioner in chancery an accurate statement of all receipts and disbursements, duly signed and supported by proper vouchers; and the commissioner in chancery shall examine and verify the same, and attach his certificate thereto approving it, if it is correct, or stating any errors or inaccuracies therein, and file same in the cause in which the special receiver or special commissioner was appointed, and present the same to the court.
The court may at any time appoint any of its other commissioners in chancery to perform the duties herein required in any case in which the regular commissioner in chancery appointed hereunder is himself the special receiver or special commissioner whose accounts are to be settled.
For his services performed hereunder the commissioner in chancery shall receive such compensation as the court allows, to be paid out of the fund in the hands of the special receiver or special commissioner.
If any special receiver or special commissioner fails to make settlement as herein required within the time herein provided, he shall forfeit his compensation, or so much thereof as the court orders.
The court may order its general receiver also to state and settle his accounts in the manner herein provided. When a general receiver settles his accounts before a commissioner of accounts or commissioner in chancery, fees charged by the commissioner are to be reasonable but may not exceed $100 per general receiver settlement or $1 per disbursement made by the general receiver as reflected in the settlement, whichever is greater.

Plain-English Summary

Special receivers and special commissioners — officers appointed to handle funds or debts in a particular case rather than across a court's whole docket — still have to answer for what they did with the money. This section requires every circuit court, by an order entered of record, to appoint one of its commissioners in chancery, holding office at the court's pleasure, to state and settle the accounts of all special receivers and special commissioners holding funds or evidences of debt subject to the court's order.

The obligation to account is not indefinite. Unless a special receiver or commissioner's accounts have already been verified, approved, and ordered recorded by the court, he must, with reasonable promptness and not longer than four months after money in his hands should have been distributed — or at other intervals the court specifies — present the designated commissioner in chancery an accurate, signed statement of receipts and disbursements, backed by proper vouchers. The commissioner in chancery examines and verifies that statement, certifies it as correct or notes any errors, files it in the cause, and presents it to the court.

Two built-in checks round out the scheme. If the regular commissioner in chancery is himself the special receiver or commissioner whose accounts need settling, the court may appoint one of its other commissioners to do the job instead. And a special receiver or commissioner who misses the settlement deadline forfeits his compensation, or as much of it as the court orders — a direct financial consequence for letting an accounting slip. The court may also send its own general receiver through this same settlement process, with the commissioner's fee for that settlement capped at the greater of $100 or $1 per disbursement.

Frequently Asked Questions

Who audits the accounts of special receivers and special commissioners under this section?

A commissioner in chancery specifically designated by the circuit court, by an order entered of record, to state and settle those accounts.

How soon must a special receiver or commissioner present his accounts for settlement?

With reasonable promptness, not longer than four months after money in his hands should have been distributed, or at other intervals the court specifies.

What must the account statement submitted to the commissioner in chancery include?

An accurate statement of all receipts and disbursements, duly signed and supported by proper vouchers.

What happens if a special receiver or commissioner misses the settlement deadline?

He forfeits his compensation, or so much of it as the court orders.

What happens if the designated commissioner in chancery is himself the special receiver or commissioner being audited?

The court may appoint one of its other commissioners in chancery to perform the settlement duties instead.

Amendment History

Code 1950, § 8-259; 1977, c. 617; 1988, c. 553.

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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