{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/53.1-223.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/53.1-223.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/53.1-223.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/53.1-223.html"}],"law_id":367693,"edition_id":2,"section_id":367693,"structure_id":52415,"section_number":"53.1-223","catch_line":"Restriction on suits against prisoners","history":"Code 1950, \u00a7 53-307.1; 1980, c. 504; 1982, c. 636; 1992, c. 398; 2000, c. 404; 2006, c. 553.","full_text":"No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner’s child support obligation, shall be maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to \u00a7 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under \u00a7 20-107.3.\n\n","order_by":null,"text":{"0":{"id":1368757,"text":"No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner’s child support obligation, shall be maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to \u00a7 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under \u00a7 20-107.3.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52415,"edition_id":2,"name":"Estates of Prisoners","identifier":"11","label":"chapter","depth":2,"order_by":11,"parent_id":52379,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:58:31","date_modified":"2026-08-02 12:34:51","permalink":{"id":1464759,"object_type":"structure","relational_id":52415,"identifier":"11","token":"53.1\/11","url":"\/53.1\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52379,"edition_id":2,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":117,"parent_id":null,"metadata":{"child_laws":402,"child_structures":56},"date_created":"2026-08-02 02:58:08","date_modified":"2026-08-02 12:34:44","permalink":{"id":1464593,"object_type":"structure","relational_id":52379,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367691,"structure_id":52415,"section_number":"53.1-221","catch_line":"Appointment of committee; bond","url":"\/53.1-221\/","token":"53.1\/11\/53.1-221","metadata":{"court_decisions":{"0":{"name":"Ronnie Eugene Tucker v. Donna S. Wimer","case_number":"1375033","citation":"42 Va. App. 42","date":"2003-12-23","url":"https:\/\/www.courtlistener.com\/opinion\/1064028\/ronnie-eugene-tucker-v-donna-s-wimer\/","abstract":" .\u202f.\u202f. BUMGARDNER, Judge. .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Ruffin v. Commonwealth","case_number":"Record No. 0490-88-2","citation":"393 S.E.2d 425","date":"1990-06-12","url":"https:\/\/www.courtlistener.com\/opinion\/1242749\/ruffin-v-commonwealth\/","abstract":" .\u202f.\u202f. 393 S.E.2d 425 (1990) .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"2":{"name":"Cook v. Radford Community Hospital, Inc.","case_number":"Record 992710","citation":"536 S.E.2d 906","date":"2000-11-03","url":"https:\/\/www.courtlistener.com\/opinion\/1059560\/cook-v-radford-community-hospital-inc\/","abstract":" .\u202f.\u202f. 536 S.E.2d 906 (2000) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":" .\u202f.\u202f. Commonwealth Ex Rel. Virginia Department of Corrections v. .\u202f.\u202f. ","case_number":"Record 991079","citation":"529 S.E.2d 96","date":"2000-04-21","url":"https:\/\/www.courtlistener.com\/opinion\/1059627\/commonwealth-ex-rel-virginia-department-of-corrections-v-brown\/","abstract":" .\u202f.\u202f. 529 S.E.2d 96 (2000) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"4":{"name":"Graham v. Commonwealth","case_number":"No. 1402-92-4","citation":"18 Va. App. 303","date":"1994-05-03","url":"https:\/\/www.courtlistener.com\/opinion\/6932724\/graham-v-commonwealth\/","abstract":" .\u202f.\u202f. Benton, J., .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"5":{"name":"Armstrong v. Commonwealth","case_number":"1388993","citation":"549 S.E.2d 641","date":"2001-07-31","url":"https:\/\/www.courtlistener.com\/opinion\/1064969\/armstrong-v-commonwealth\/","abstract":" .\u202f.\u202f. UPON A REHEARING EN BANC .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"6":{"name":"Morris v. Commonwealth","case_number":"Record 831438","citation":"321 S.E.2d 633","date":"1984-10-12","url":"https:\/\/www.courtlistener.com\/opinion\/1200528\/morris-v-commonwealth\/","abstract":" .\u202f.\u202f. 321 S.E.2d 633 (1984) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":367692,"structure_id":52415,"section_number":"53.1-222","catch_line":"Powers and liabilities of committee; prosecution and defense of suits to which prisoner is party","url":"\/53.1-222\/","token":"53.1\/11\/53.1-222","metadata":false},{"id":367693,"structure_id":52415,"section_number":"53.1-223","catch_line":"Restriction on suits against prisoners","url":"\/53.1-223\/","token":"53.1\/11\/53.1-223","metadata":false},{"id":367694,"structure_id":52415,"section_number":"53.1-224","catch_line":"Maintenance of prisoner's family; spouse's portion","url":"\/53.1-224\/","token":"53.1\/11\/53.1-224","metadata":false},{"id":367695,"structure_id":52415,"section_number":"53.1-225","catch_line":"Accounting and motion for discharge when prisoner released; delivery of estate to prisoner","url":"\/53.1-225\/","token":"53.1\/11\/53.1-225","metadata":false},{"id":367696,"structure_id":52415,"section_number":"53.1-226","catch_line":"When estate committed to sheriff","url":"\/53.1-226\/","token":"53.1\/11\/53.1-226","metadata":false},{"id":367697,"structure_id":52415,"section_number":"53.1-227","catch_line":"When and how real estate of prisoner sold or encumbered","url":"\/53.1-227\/","token":"53.1\/11\/53.1-227","metadata":false},{"id":367699,"structure_id":52415,"section_number":"53.1-228","catch_line":"Disposal of unclaimed personal property of prisoner","url":"\/53.1-228\/","token":"53.1\/11\/53.1-228","metadata":false},{"id":367698,"structure_id":52415,"section_number":"53.1-228.1","catch_line":"Inmate payment for damaged property","url":"\/53.1-228.1\/","token":"53.1\/11\/53.1-228.1","metadata":false}],"previous_section":{"id":367692,"structure_id":52415,"section_number":"53.1-222","catch_line":"Powers and liabilities of committee; prosecution and defense of suits to which prisoner is party","url":"\/53.1-222\/","token":"53.1\/11\/53.1-222","metadata":false},"next_section":{"id":367694,"structure_id":52415,"section_number":"53.1-224","catch_line":"Maintenance of prisoner's family; spouse's portion","url":"\/53.1-224\/","token":"53.1\/11\/53.1-224","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-223\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 504; in 1982, chapter 636; in 1992, chapter 398; in 2000, chapter 404<\/a>; in 2006, chapter 553<\/a>.<\/p>","references":false,"refers_to":[{"id":353500,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","order_by":null,"url":"\/20-107.3\/"},{"id":377840,"section_number":"8.01-9","catch_line":"Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability","order_by":null,"url":"\/8.01-9\/"}],"permalink":{"id":1464769,"object_type":"law","relational_id":367693,"identifier":"53.1-223","token":"53.1\/11\/53.1-223","url":"\/53.1-223\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/53.1-223\/","token":"53.1\/11\/53.1-223","dublin_core":{"Title":"Restriction on suits against prisoners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-223","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner’s child support obligation, shall be maintained against a prisoner after judgment<\/span> of conviction<\/span> and while he is incarcerated, except through his committee, unless a guardian ad litem<\/span> is appointed for the prisoner pursuant to \u00a7 8.01-9<\/a>, or an attorney licensed to practice law<\/span> in the Commonwealth has entered of record an appearance<\/span> for such prisoner. However, in any suit for divorce instituted against a prisoner, the court<\/span> shall appoint a committee prior to any determination as to the property of the parties under \u00a7 20-107.3<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTRICTION ON SUITS AGAINST PRISONERS (\u00a7 53.1-223)\n\nNo action or suit on any claim or demand, except suits for divorce, actions to\nestablish a parent and child relationship between a child and a prisoner and\nactions to establish a prisoner’s child support obligation, shall be\nmaintained against a prisoner after judgment of conviction and while he is\nincarcerated, except through his committee, unless a guardian ad litem is\nappointed for the prisoner pursuant to \u00a7 8.01-9, or an attorney licensed to\npractice law in the Commonwealth has entered of record an appearance for such\nprisoner. However, in any suit for divorce instituted against a prisoner, the\ncourt shall appoint a committee prior to any determination as to the property of\nthe parties under \u00a7 20-107.3.\n\nHISTORY: Code 1950, \u00a7 53-307.1; 1980, c. 504; 1982, c. 636; 1992, c. 398; 2000,\nc. 404; 2006, c. 553.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}