Title 8.01, Title 8.01. Civil Remedies and Procedure

The foregoing sections of this chapter, so far as they relate to the docketing of judgments, the entering of satisfaction thereof, and the liens of judgments and enforcement of such liens, shall be construed as embracing recognizances, and bonds having the force of a judgment.

As used in this chapter "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

As used in this chapter: "Foreign country" means a government other than any of the following: the United States; a state, district, commonwealth, territory, or insular possession of the United States; or a government with regard to which the decision in the Commonwealth as to wh…

This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.

This chapter applies to all actions commenced on or after July 1, 2014, in which the issue of recognition of a foreign-country judgment is raised.

A. Except as otherwise provided in subsection B, this chapter applies to a foreign-country judgment to the extent that the judgment: 1. Grants or denies recovery of a sum of money; and 2. Under the law of the foreign country where rendered, is final, conclusive, and enforceable. …

A. Except as otherwise provided in subsections B and C, a court of the Commonwealth shall recognize a foreign-country judgment to which this chapter applies. B. A court of the Commonwealth shall not recognize a foreign-country judgment if: 1. The judgment was rendered under a jud…

A. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: 1. The defendant was served with process personally in the foreign country; 2. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting propert…

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. B. If recognition of a foreign-country judgment is sought in a pending action, the is…

If the court in a proceeding under § 8.01-465.13:5 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: 1. Conclusi…

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time t…

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

As used in this chapter: "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot ra…

This chapter applies only to a foreign-money claim in an action or distribution proceeding and applies to foreign-money issues even if other law under the conflict-of-laws rules of the Commonwealth applies to other issues in the action or distribution proceeding.

The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money cl…

The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. If the parties to a transaction have not otherwise agreed, the proper money of the claim is the money (i) regularly used between the parties as a m…

A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. B. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate…

A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. An opposing party may allege and shall prove that all or part of a claim is in a different money than that asserted by the cl…

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this Commonwealth may be filed in the office of the clerk of any circuit court of any city or county of this Commonwealth upon payment of the fee prescribed in subdivision A 17 …

A. A judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. However, assessed costs must be entered in United States dollars. A judgment in substantially the following form complies with this subsection: [IT IS ADJUDGED AND ORDERED, that…

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named fore…

With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of the Commonwea…

If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is enforceable in the Commonwealth, the enforcing judgment must be entered as provided in § 8.01-465.20, whether or not the foreign judgment confers an option to pa…

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 St…

If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion t…

For purposes of this chapter, unless the context requires a different meaning: "Charge off" means a creditor's removal of a consumer debt as an asset from the creditor's financial records. "Complaint" means a warrant in debt or civil claim filed to recover a consumer debt accordi…

A. Except as provided in subsection B, this chapter shall apply to the award of a default judgment in an action for the collection of (i) an unsecured consumer debt; (ii) a secured consumer debt if the action is brought solely to obtain a money judgment; or (iii) a deficiency tha…

A. A default judgment in an action to which this chapter applies shall be entered only if the complaint or amended complaint complies with the provisions of this section and includes the notice required pursuant to § 8.01-465.29. B. The complaint or amended complaint shall state:…

A. A default judgment in an action to which this chapter applies shall only be entered if the complaint or amended complaint is accompanied by a separate notice warning that a default judgment may be awarded against the consumer. B. The notice shall be in a record substantially s…

At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. Promptly upon the filing of…

A waiver by a consumer of any requirement of this chapter shall be deemed void. However, the provisions of this section shall not prevent a voluntary settlement agreement or judgment between the parties that does not result in a default judgment.

The provisions of this chapter supplement all rights and remedies available to a consumer under any other law of the Commonwealth.

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but shall not modify, limit, or supersede 15 U.S.C. § 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003…

If a provision of this chapter or its application to a person or circumstance is held invalid, such invalidity shall not affect another provision or application that can be given effect without such invalid provision.

If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, …

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this chapter remains unimpaired.

On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, his assignee or his attorney, to issue a writ of fieri facias at the expiration of twenty-one days from the date of the entry of the…

No writ of levari facias, writ of extendi facias, writ of elegit, writ of capias ad satisfaciendum, or writ of distringas shall be issued hereafter.

Such executions as may issue against a natural person may issue against a corporation.

When a judgment is against several persons jointly, executions thereon may be joint against all of them.

On a judgment for the recovery of specific property, a writ of possession for personal property or a writ of eviction for real property may issue for the specific property pursuant to an order of possession entered by a court of competent jurisdiction, which shall conform to the …

Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ, and any executed writ shall be returned to the issuing clerk by the s…

When the judgment is for personal property, the plaintiff may, at his option, have a fieri facias for the alternative value, instead of a writ of possession, and the damages and costs.

When an execution issues on a judgment, for the benefit, in whole or in part, of any person other than the plaintiff, if the fact appears by the record, the clerk shall, in the execution, or by an endorsement thereon, state the extent of the interest therein of such person; and s…