Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-198 lets the Commonwealth pursue a collection action against the person who owes the debt, that person’s sureties, and their personal representatives, regardless of whether the underlying bond or instrument names the Commonwealth or a public officer as payee.
Full Text of § 8.01-198
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Any such action may be instituted against any person indebted or liable to the Commonwealth in any way whatever, and against his sureties, and against his and their personal representatives. And it may be made when the debt or liability is created or secured by a bond or other instrument, whether the same be payable to the Commonwealth or
to any person acting in a public character on behalf of the Commonwealth, or be for the payment of money or the performance of other duties. Every judgment on any such motion shall be in the name of the Commonwealth.
Plain-English Summary
Section 8.01-198 broadens who can be named in a Commonwealth collection action. The action reaches any person indebted or liable to the Commonwealth in any way, along with that person’s sureties, and the personal representatives of both the debtor and the sureties. It applies whether the debt or liability arises from a bond or other instrument payable directly to the Commonwealth, or from one payable to someone acting in a public character on the Commonwealth’s behalf, and whether the underlying obligation is to pay money or to perform some other duty.
Whatever the underlying instrument says about payees, the section closes with a reminder of how the resulting judgment is styled: every judgment obtained on such a motion is entered in the name of the Commonwealth, consistent with the naming rule in Section 8.01-197.
Frequently Asked Questions
Can Virginia sue a surety, not just the person who owes the debt?
Yes. Section 8.01-198 extends the action to the sureties of the person indebted or liable to the Commonwealth, not only to that person directly.
Can Virginia sue the estate of someone who died owing money to the state?
Yes. The action also reaches the personal representatives of the debtor and of any sureties, so a death does not itself close off collection.
Does it matter if the bond was payable to a public official instead of the Commonwealth directly?
No. The section covers debts or liabilities secured by a bond or instrument payable either to the Commonwealth or to a person acting in a public character on the Commonwealth’s behalf.
In whose name is the resulting judgment entered?
Every judgment obtained on a motion under this section is entered in the name of the Commonwealth.
What kinds of obligations does this section cover besides unpaid money?
It reaches obligations to perform other duties as well as obligations to pay money, so a bond conditioned on performing some other act can also be enforced this way.
Amendment History
Code 1950, § 8-761; 1954, c. 550; 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
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