The Comptroller, with the advice of the Attorney General, may adjust and settle upon equitable principles, without regard to strict legal rules, any doubtful or disputed account or claim in favor of the Commonwealth which may have been standing on the books of his office not less than two years, and may, with the like advice, dismiss any proceedings instituted by him; but before such adjustment or settlement can in any wise affect the rights of the Commonwealth it shall be approved and endorsed by the Attorney General and shall then be submitted to the supervision of the judge of the Circuit Court of the City of Richmond, accompanied by a written statement signed by the Comptroller of the facts and reasons which, in his opinion, render such adjustment or settlement just and proper. When such judge endorses the same with his written approval, signed in his official character, it shall be considered and treated as valid and binding.
§ 8.01-216.Comptroller's power to adjust old claims.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-216 lets the Comptroller, with the Attorney General’s advice, settle old and disputed claims owed to the Commonwealth on equitable terms, or dismiss a proceeding, but only after a Circuit Court of the City of Richmond judge reviews and endorses the Comptroller’s written explanation.
Full Text of § 8.01-216
Plain-English Summary
Section 8.01-216 gives the Comptroller a mechanism for clearing out old, doubtful, or disputed accounts owed to the Commonwealth that have sat on the books of his office for at least two years. With the Attorney General’s advice, the Comptroller may adjust and settle such a claim on equitable principles, without being bound by strict legal rules, and may likewise dismiss a proceeding he has already instituted.
That authority is not final on its own. Before an adjustment or settlement can affect the Commonwealth’s rights, the Attorney General must approve and endorse it, and the matter must then go to a judge of the Circuit Court of the City of Richmond for review, accompanied by a written statement the Comptroller signs explaining the facts and reasons that make the adjustment or settlement just and proper. Once that judge endorses the settlement with written approval signed in an official capacity, it is treated as valid and binding.
Frequently Asked Questions
How old does a disputed claim have to be before the Comptroller can adjust it?
It must have been standing on the books of the Comptroller’s office for not less than two years.
Can the Comptroller settle a claim without anyone else’s input?
No. The Comptroller acts with the advice of the Attorney General, and the resulting adjustment or settlement still needs a Circuit Court of the City of Richmond judge’s review and endorsement before it affects the Commonwealth’s rights.
What role does a judge play in approving the settlement?
A judge of the Circuit Court of the City of Richmond reviews the Comptroller’s written statement of facts and reasons and, if satisfied, endorses the settlement with written approval, which makes it valid and binding.
What has to be in the Comptroller’s written statement to the judge?
The facts and reasons that, in the Comptroller’s opinion, make the adjustment or settlement just and proper.
Can the Comptroller dismiss a proceeding he already started?
Yes. With the Attorney General’s advice, the Comptroller may dismiss a proceeding he instituted, using the same equitable-adjustment authority this section grants.
Amendment History
Code 1950, § 8-779; 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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