Any such action shall be in the name of the Commonwealth of Virginia except when it is on a bond payable to, or a contract made with, the Governor or some other person. And then it may be in the name of such Governor or other person for the use of the Commonwealth, notwithstanding such Governor or other person may have died, resigned, or been removed from office before the commencement of the action. And there shall be no abatement thereof, by reason of the death, resignation, or removal from office of any such plaintiff pending the action.
§ 8.01-197.In what name; when not to abate.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-197 says a Commonwealth collection action is normally brought in the state’s own name, except a suit on a bond or contract made with the Governor or another official may be brought in that person’s name for the Commonwealth’s benefit, and the case survives even if that person dies, resigns, or leaves office.
Full Text of § 8.01-197
Plain-English Summary
Section 8.01-197 fixes the caption of a Commonwealth collection action. As a rule, the action is brought in the name of the Commonwealth of Virginia. The exception covers bonds and contracts made payable to, or entered into with, the Governor or some other person in an official capacity — those actions may instead be brought in the name of that Governor or person, for the use of the Commonwealth, even though the Governor or person may have already died, resigned, or been removed from office before the action was filed.
The section also protects the action from a procedural trap: it does not abate — meaning it does not automatically end — because the named plaintiff dies, resigns, or is removed from office while the case is still pending. A bond made to a Governor decades ago does not become uncollectible just because that Governor has long since left office or passed away.
Frequently Asked Questions
In whose name is a lawsuit to collect a debt owed to Virginia filed?
Generally in the name of the Commonwealth of Virginia, except a suit on a bond or contract made with the Governor or another official, which may be brought in that person’s name for the Commonwealth’s use.
What happens if a bond was made payable to the Governor personally?
The collection action may still be brought in that Governor’s name, for the benefit of the Commonwealth, even though he is no longer in office by the time the suit is filed.
Does the case end if the Governor or official named in the suit leaves office?
No. Section 8.01-197 states there is no abatement of the action because of the resignation or removal from office of the named plaintiff while the action is pending.
What if that person dies while the case is still pending?
The action continues. The section specifically prevents abatement due to the death of the plaintiff pending the action, just as it does for resignation or removal from office.
Why does it matter whose name the action is brought in?
Because many older bonds and contracts with the Commonwealth were made payable to a specific officeholder rather than to the state directly, this section lets the Commonwealth still enforce them without needing every bond reissued in the state’s own name.
Amendment History
Code 1950, § 8-760; 1977, c. 617.
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
Also known as: commonwealth of virginia lawsuit captionbond payable to governor virginia collectionabatement of action virginia collection suitsuit in name of governor for use of commonwealth8.01-197 explained