CODE OF VIRGINIA

PAYMENT MAY BE PLEADED; PAYMENT INTO COURT OF PART OF CLAIM; PROCEDURE UPON SUCH
PAYMENT (§ 8.01-421)

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.

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