Code of Virginia - Title 8.01 Civil Remedies And Procedure - Section 8.01-421 Payment may be pleaded; payment into court of part of claim; procedure upon such payment

§ 8.01-421. Payment may be pleaded; payment into court of part of claim; procedure upon such payment

A. In any action for recovery of a debt the defendant may plead payment of the debt or any part thereof prior to the commencement of the action.

B. In any personal action, the defendant may pay into court a sum of money on account of what is claimed, or by way of compensation or amends, and plead that he is not indebted to the plaintiff, or that the plaintiff has not sustained damages, to a greater amount than such sum. The plaintiff may accept such sum either in full satisfaction, and then have judgment for his costs, or in part satisfaction, and reply to the allegations of the defendant's pleadings, and, if issue thereon be found for the defendant, judgment shall be given for the defendant, and he shall recover his costs. The payment of such sum into court shall not be admissible in evidence.

(Code 1950, §§ 8-236, 8-237, 8-238; 1954, c. 333; 1977, c. 617; 1978, c. 416.)

Sections:  8.01-421  8.01-422  8.01-423  Next

Last modified: April 2, 2009