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§ 8.01-465.24.Determining United States dollar value of foreign-money claims for limited purposes.

Chapter 17.3. Uniform Foreign-money Claims Act · Last amended 1991 · Last verified July 16, 2026

In one sentenceThis section provides a practical shortcut for converting a foreign-money claim into dollars for the limited purposes of provisional remedies — attachment, garnishment, execution, costs, or a required bond — using the bank-offered spot rate from the day before the request and a supporting affidavit, without affecting how the eventual judgment gets converted for payment.

Full Text of § 8.01-465.24

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For the limited purpose of facilitating the enforcement of provisional remedies in an action, (i) the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, (ii) the amount of United States dollars at issue for assessing costs, or (iii) the amount of United States dollars involved for a surety bond or other court-required undertaking shall be ascertained by a party seeking the process, costs, bond or other undertaking as follows:
1. The amount of the foreign money claimed shall be computed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of (i) a request or application for the issuance of process or for the determination of costs, or (ii) an application for a bond or other court-required undertaking.
2. An affidavit or certificate executed in good faith by the party's counsel or a bank officer shall be filed with each request or application, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.

Plain-English Summary

A sheriff cannot seize an unspecified amount of property, and a court cannot set an unspecified bond, so provisional remedies on a foreign-money claim need a dollar figure well before any judgment is entered. This section supplies one, for three limited purposes: valuing assets to be seized or restrained under a writ of attachment, garnishment, execution, or other legal process; assessing costs; and fixing the dollar amount for a surety bond or other court-required undertaking.

The party seeking that process computes the dollar amount using the bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of the relevant request or application. That request must come with an affidavit or certificate — executed in good faith by the party's counsel or a bank officer — stating the market quotation used, how it was obtained, and the calculation itself.

Court officials who rely on that filed affidavit get protection for doing so: they incur no liability for acting as if the judgment were in the dollar amount the affidavit or certificate states. But the section is careful to cabin its own reach — these computations serve only the limited purposes described here, and do not affect how the eventual judgment's dollar equivalent gets computed for the purpose of actual payment under sections like § 8.01-465.20.

Frequently Asked Questions

What purposes does this section's dollar-conversion procedure serve?

Facilitating provisional remedies: valuing assets to be seized under a writ of attachment, garnishment, execution, or other process, assessing costs, and setting the amount of a surety bond or other court-required undertaking.

What exchange rate is used for this conversion?

The bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of the relevant request or application.

What must accompany the request or application?

An affidavit or certificate, executed in good faith by the party's counsel or a bank officer, stating the market quotation used, how it was obtained, and the calculation.

Are court officials liable if they act on an affidavit filed under this section that later proves inaccurate?

No, “affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.”

Does this conversion determine the final dollar amount owed on the eventual judgment?

No, the section states these computations “are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.”

Amendment History

1991, c. 24.

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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