{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-423.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-423.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-423.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-423.html"}],"law_id":377337,"edition_id":2,"section_id":377337,"structure_id":53632,"section_number":"8.01-423","catch_line":"When plaintiff claims as assignee or transferee","history":"Code 1950, \u00a7 8-246; 1954, c. 619; 1977, c. 617.","full_text":"If the plaintiff claims as assignee or transferee under a person with whom the contract sued on was originally made, and the defendant’s claim exceeds the plaintiff’s demand, the defendant:\n\n1\n\nIn his counterclaim, may waive the benefit of his claim as to any excess beyond the plaintiff’s claim, whereupon, the further proceedings shall be upon the plaintiff’s claim and the defendant’s counterclaim as a defense thereto; or\n\n2\n\nInstead of such waiver such defendant may, by rule issued by the court, to which rule shall be attached a copy of the counterclaim and served on the person, under whom plaintiff claims as aforesaid, make such person a party to the action; and, on the trial of the case, the jury shall ascertain and apply, the amount and interest to which the defendant is entitled; and, for any excess beyond the plaintiff’s demand for which such person under whom the plaintiff claims as aforesaid is liable, with such interest as the court or jury allows, judgment shall be rendered for the defendant against such person.\n\n","order_by":null,"text":{"0":{"id":1408168,"text":"If the plaintiff claims as assignee or transferee under a person with whom the contract sued on was originally made, and the defendant’s claim exceeds the plaintiff’s demand, the defendant:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1408169,"text":"In his counterclaim, may waive the benefit of his claim as to any excess beyond the plaintiff’s claim, whereupon, the further proceedings shall be upon the plaintiff’s claim and the defendant’s counterclaim as a defense thereto; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1408170,"text":"Instead of such waiver such defendant may, by rule issued by the court, to which rule shall be attached a copy of the counterclaim and served on the person, under whom plaintiff claims as aforesaid, make such person a party to the action; and, on the trial of the case, the jury shall ascertain and apply, the amount and interest to which the defendant is entitled; and, for any excess beyond the plaintiff’s demand for which such person under whom the plaintiff claims as aforesaid is liable, with such interest as the court or jury allows, judgment shall be rendered for the defendant against such person.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":53632,"edition_id":2,"name":"Payment and Setoff","identifier":"15","label":"chapter","depth":2,"order_by":29,"parent_id":53558,"metadata":{"child_laws":3,"child_structures":0},"date_created":"2026-08-02 03:19:45","date_modified":"2026-08-02 12:28:20","permalink":{"id":1504719,"object_type":"structure","relational_id":53632,"identifier":"15","token":"8.01\/15","url":"\/8.01\/15\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377335,"structure_id":53632,"section_number":"8.01-421","catch_line":"Payment may be pleaded; payment into court of part of claim; procedure upon such payment","url":"\/8.01-421\/","token":"8.01\/15\/8.01-421","metadata":false},{"id":377336,"structure_id":53632,"section_number":"8.01-422","catch_line":"Pleading recoupment","url":"\/8.01-422\/","token":"8.01\/15\/8.01-422","metadata":false},{"id":377337,"structure_id":53632,"section_number":"8.01-423","catch_line":"When plaintiff claims as assignee or transferee","url":"\/8.01-423\/","token":"8.01\/15\/8.01-423","metadata":false}],"previous_section":{"id":377336,"structure_id":53632,"section_number":"8.01-422","catch_line":"Pleading recoupment","url":"\/8.01-422\/","token":"8.01\/15\/8.01-422","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-423\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1954, chapter 619; in 1977, chapter 617.<\/p>","references":false,"refers_to":false,"permalink":{"id":1504729,"object_type":"law","relational_id":377337,"identifier":"8.01-423","token":"8.01\/15\/8.01-423","url":"\/8.01-423\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-423\/","token":"8.01\/15\/8.01-423","dublin_core":{"Title":"When plaintiff claims as assignee or transferee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-423","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the plaintiff<\/span> claims as assignee or transferee under a person<\/span> with whom the contract<\/span> sued on was originally made, and the defendant<\/span>’s claim exceeds the plaintiff<\/span>’s demand, the defendant<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In his counterclaim<\/span>, may waive<\/span> the benefit of his claim as to any excess beyond the plaintiff<\/span>’s claim, whereupon, the further proceedings shall be upon the plaintiff<\/span>’s claim and the defendant<\/span>’s counterclaim<\/span> as a defense thereto; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Instead of such waiver<\/span> such defendant<\/span> may, by rule issued by the court<\/span>, to which rule shall be attached a copy of the counterclaim<\/span> and served on the person<\/span>, under whom plaintiff<\/span> claims as aforesaid, make such person<\/span> a party<\/span> to the action<\/span>; and, on the trial<\/span> of the case, the jury<\/span> shall ascertain and apply, the amount and interest to which the defendant<\/span> is entitled; and, for any excess beyond the plaintiff<\/span>’s demand for which such person<\/span> under whom the plaintiff<\/span> claims as aforesaid is liable, with such interest as the court<\/span> or jury<\/span> allows, judgment<\/span> shall be rendered for the defendant<\/span> against such person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN PLAINTIFF CLAIMS AS ASSIGNEE OR TRANSFEREE (\u00a7 8.01-423)\n\nIf the plaintiff claims as assignee or transferee under a person with whom the\ncontract sued on was originally made, and the defendant’s claim exceeds\nthe plaintiff’s demand, the defendant:\n\n1. In his counterclaim, may waive the benefit of his claim as to any excess\nbeyond the plaintiff’s claim, whereupon, the further proceedings shall be\nupon the plaintiff’s claim and the defendant’s counterclaim as a\ndefense thereto; or\n\n2. Instead of such waiver such defendant may, by rule issued by the court, to\nwhich rule shall be attached a copy of the counterclaim and served on the\nperson, under whom plaintiff claims as aforesaid, make such person a party to\nthe action; and, on the trial of the case, the jury shall ascertain and apply,\nthe amount and interest to which the defendant is entitled; and, for any excess\nbeyond the plaintiff’s demand for which such person under whom the\nplaintiff claims as aforesaid is liable, with such interest as the court or jury\nallows, judgment shall be rendered for the defendant against such person.\n\nHISTORY: Code 1950, \u00a7 8-246; 1954, c. 619; 1977, c. 617.","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"}}