{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.8A-112.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.8A-112.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.8A-112.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.8A-112.html"}],"law_id":378313,"edition_id":2,"section_id":378313,"structure_id":53758,"section_number":"8.8A-112","catch_line":"Creditor&#8217;s legal process","history":"1996, c. 216.","full_text":"a\n\nThe interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.\n\nb\n\nThe interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d).\n\nc\n\nThe interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor&#8217;s securities account is maintained, except as otherwise provided in subsection (d).\n\nd\n\nThe interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.\n\ne\n\nA creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.\n\n","order_by":null,"text":{"0":{"id":1411553,"text":"The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":1411554,"text":"The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d).","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":1411555,"text":"The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor&#8217;s securities account is maintained, except as otherwise provided in subsection (d).","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"3":{"id":1411556,"text":"The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"4":{"id":1411557,"text":"A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d"}},"ancestry":[{"id":53758,"edition_id":2,"name":"Short Title and General Matters","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":53757,"metadata":{"child_laws":16,"child_structures":0},"date_created":"2026-08-02 03:21:46","date_modified":"2026-08-02 12:28:35","permalink":{"id":1510615,"object_type":"structure","relational_id":53758,"identifier":"1","token":"8.8A\/1","url":"\/8.8A\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53757,"edition_id":2,"name":"Commercial Code \u2014 Investment Securities","identifier":"8.8A","label":"title","depth":1,"order_by":28,"parent_id":null,"metadata":{"child_laws":52,"child_structures":6},"date_created":"2026-08-02 03:21:46","date_modified":"2026-08-02 12:28:35","permalink":{"id":1510613,"object_type":"structure","relational_id":53757,"identifier":"8.8A","token":"8.8A","url":"\/8.8A\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378302,"structure_id":53758,"section_number":"8.8A-101","catch_line":"Short title","url":"\/8.8A-101\/","token":"8.8A\/1\/8.8A-101","metadata":false},{"id":378303,"structure_id":53758,"section_number":"8.8A-102","catch_line":"Definitions","url":"\/8.8A-102\/","token":"8.8A\/1\/8.8A-102","metadata":false},{"id":378304,"structure_id":53758,"section_number":"8.8A-103","catch_line":"Rules for determining whether certain obligations and interests are securities or financial assets","url":"\/8.8A-103\/","token":"8.8A\/1\/8.8A-103","metadata":false},{"id":378305,"structure_id":53758,"section_number":"8.8A-104","catch_line":"Acquisition of security or financial asset or interest therein","url":"\/8.8A-104\/","token":"8.8A\/1\/8.8A-104","metadata":false},{"id":378306,"structure_id":53758,"section_number":"8.8A-105","catch_line":"Notice of adverse claim","url":"\/8.8A-105\/","token":"8.8A\/1\/8.8A-105","metadata":false},{"id":378307,"structure_id":53758,"section_number":"8.8A-106","catch_line":"Control","url":"\/8.8A-106\/","token":"8.8A\/1\/8.8A-106","metadata":false},{"id":378308,"structure_id":53758,"section_number":"8.8A-107","catch_line":"Whether endorsement, instruction or entitlement order is effective","url":"\/8.8A-107\/","token":"8.8A\/1\/8.8A-107","metadata":false},{"id":378309,"structure_id":53758,"section_number":"8.8A-108","catch_line":"Warranties in direct holding","url":"\/8.8A-108\/","token":"8.8A\/1\/8.8A-108","metadata":false},{"id":378310,"structure_id":53758,"section_number":"8.8A-109","catch_line":"Warranties in indirect holding","url":"\/8.8A-109\/","token":"8.8A\/1\/8.8A-109","metadata":false},{"id":378311,"structure_id":53758,"section_number":"8.8A-110","catch_line":"Applicability; choice of law","url":"\/8.8A-110\/","token":"8.8A\/1\/8.8A-110","metadata":false},{"id":378312,"structure_id":53758,"section_number":"8.8A-111","catch_line":"Clearing corporation rules","url":"\/8.8A-111\/","token":"8.8A\/1\/8.8A-111","metadata":false},{"id":378313,"structure_id":53758,"section_number":"8.8A-112","catch_line":"Creditor's legal process","url":"\/8.8A-112\/","token":"8.8A\/1\/8.8A-112","metadata":false},{"id":378314,"structure_id":53758,"section_number":"8.8A-113","catch_line":"Statute of frauds inapplicable","url":"\/8.8A-113\/","token":"8.8A\/1\/8.8A-113","metadata":false},{"id":378315,"structure_id":53758,"section_number":"8.8A-114","catch_line":"Evidentiary rules concerning certificated securities","url":"\/8.8A-114\/","token":"8.8A\/1\/8.8A-114","metadata":false},{"id":378316,"structure_id":53758,"section_number":"8.8A-115","catch_line":"Securities intermediary and others not liable to adverse claimant","url":"\/8.8A-115\/","token":"8.8A\/1\/8.8A-115","metadata":false},{"id":378317,"structure_id":53758,"section_number":"8.8A-116","catch_line":"Securities intermediary as purchaser for value","url":"\/8.8A-116\/","token":"8.8A\/1\/8.8A-116","metadata":false}],"previous_section":{"id":378312,"structure_id":53758,"section_number":"8.8A-111","catch_line":"Clearing corporation rules","url":"\/8.8A-111\/","token":"8.8A\/1\/8.8A-111","metadata":false},"next_section":{"id":378314,"structure_id":53758,"section_number":"8.8A-113","catch_line":"Statute of frauds inapplicable","url":"\/8.8A-113\/","token":"8.8A\/1\/8.8A-113","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.8A-112\/","history_text":"<p>This law was first created in 1996. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0216\">216<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1510661,"object_type":"law","relational_id":378313,"identifier":"8.8A-112","token":"8.8A\/1\/8.8A-112","url":"\/8.8A-112\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.8A-112\/","token":"8.8A\/1\/8.8A-112","dublin_core":{"Title":"Creditor&#8217;s legal process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.8A-112","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"a\"><p><span class=\"prefix-number\">a.<\/span> The interest of a debtor in a certificated security may be reached by a <span class=\"dictionary\">creditor<\/span> only by actual seizure of the security certificate by the officer making the <span class=\"dictionary\">attachment<\/span> or <span class=\"dictionary\">levy<\/span>, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a <span class=\"dictionary\">creditor<\/span> by legal process upon the issuer. <a id=\"paragraph-1411553\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.8A-112\/#a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b\"><p><span class=\"prefix-number\">b.<\/span> The interest of a debtor in an uncertificated security may be reached by a <span class=\"dictionary\">creditor<\/span> only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d). <a id=\"paragraph-1411554\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.8A-112\/#b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"c\"><p><span class=\"prefix-number\">c.<\/span> The interest of a debtor in a security entitlement may be reached by a <span class=\"dictionary\">creditor<\/span> only by legal process upon the securities intermediary with whom the debtor&#8217;s securities account is maintained, except as otherwise provided in subsection (d). <a id=\"paragraph-1411555\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.8A-112\/#c\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d\"><p><span class=\"prefix-number\">d.<\/span> The interest of a debtor in a certificated security for which the certificate is in the <span class=\"dictionary\">possession<\/span> of a secured <span class=\"dictionary\">party<\/span>, or in an uncertificated security registered in the name of a secured <span class=\"dictionary\">party<\/span>, or a security entitlement maintained in the name of a secured <span class=\"dictionary\">party<\/span>, may be reached by a <span class=\"dictionary\">creditor<\/span> by legal process upon the secured <span class=\"dictionary\">party<\/span>. <a id=\"paragraph-1411556\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.8A-112\/#d\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"e\"><p><span class=\"prefix-number\">e.<\/span> A <span class=\"dictionary\">creditor<\/span> whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span>, by <span class=\"dictionary\">injunction<\/span> or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at <span class=\"dictionary\">law<\/span> or in <span class=\"dictionary\">equity<\/span> in regard to property that cannot readily be reached by other legal process. <a id=\"paragraph-1411557\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.8A-112\/#e\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCREDITOR&#8217;S LEGAL PROCESS (\u00a7 8.8A-112)\n\na. The interest of a debtor in a certificated security may be reached by a\ncreditor only by actual seizure of the security certificate by the officer\nmaking the attachment or levy, except as otherwise provided in subsection (d).\nHowever, a certificated security for which the certificate has been surrendered\nto the issuer may be reached by a creditor by legal process upon the issuer.\n\nb. The interest of a debtor in an uncertificated security may be reached by a\ncreditor only by legal process upon the issuer at its chief executive office in\nthe United States, except as otherwise provided in subsection (d).\n\nc. The interest of a debtor in a security entitlement may be reached by a\ncreditor only by legal process upon the securities intermediary with whom the\ndebtor&#8217;s securities account is maintained, except as otherwise provided in\nsubsection (d).\n\nd. The interest of a debtor in a certificated security for which the certificate\nis in the possession of a secured party, or in an uncertificated security\nregistered in the name of a secured party, or a security entitlement maintained\nin the name of a secured party, may be reached by a creditor by legal process\nupon the secured party.\n\ne. A creditor whose debtor is the owner of a certificated security,\nuncertificated security, or security entitlement is entitled to aid from a court\nof competent jurisdiction, by injunction or otherwise, in reaching the\ncertificated security, uncertificated security, or security entitlement or in\nsatisfying the claim by means allowed at law or in equity in regard to property\nthat cannot readily be reached by other legal process.\n\nHISTORY: 1996, c. 216.","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"}}