CHAPTER 599

An Act to amend and reenact § 8-435, as amended, of the Code of
Virginia, relating to proceedings by interrogatories to ascertain
estate of debtor.

[H 703]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 8-435, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 8-435. Proceedings by interrogatories to ascertain estate of
debtor.—To ascertain the personal estate on which a writ of fieri facias
is a lien, and to ascertain any real estate, in or out of this State, to which
the debtor named in a judgment and fieri facias is entitled, upon the
application of the execution creditor, the clerk of the court from which
such fieri facias issued, or the trial justice if it was issued by a trial
justice who has no clerk, or if it was issued by a trial justice other than a
civil justice, a civil and police justice or a trial justice appointed under
the provisions of Chapter 2 of Title 16, the clerk of the circuit court of
the county or the corporation court of the city in which such justices
reside, shall issue a summons against the execution debtor, or any officer
of the corporation if such execution debtor be a corporation having an
office in this State, or any debtor or bailee of the execution debtor,
requiring him to appear before the trial justice who issued the writ if it
was issued by a trial justice who is a civil justice, a civil and police
justice or a trial justice appointed under the provisions of Chapter 2 of
Title 16, or a commissioner in chancery named in the summons, if the writ
was not issued by such trial justice, at a time and place designated in such
summons, to answer such interrogatories as shall be propounded to him
by counsel for the execution creditor or by the commissioner or justice, as
the case may be; provided, however, that as a condition precedent to
proceeding hereunder, the execution creditor has furnished to the clerk
or justice who is authorized to issue the writ, an affidavit setting forth
that he has not proceeded against the execution debtor hereunder within
the six months last preceding the date of such affidavit. Except that for
good cause shown the judge, trial justice, civil justice, or civil and police
justice from which the fieri facias issued may, on motion of the execution
creditor or his counsel, issue an order allowing further proceeding by
interrogatories during the six-month period. Such summons shall not
be served out of the county or city in which such commissioner resides
or maintains an office or for which such trial justice was appointed,
or elected, or a county or city contiguous thereto. The debtor or other
person served with such summons shall appear at the time and place
mentioned and make answer to such interrogatories. The commissioner
shall enter in his proceedings and report to the court mentioned in
§ 8-437, any and all objections taken by such debtor against answering
such interrogatories, or any or either of them, and if the court after-
wards sustains any one or more of such objections, the answers given
to such interrogatories as to which objections are sustained, shall be held
for naught in that or any other cause.