Code of Virginia
Chapter 18 - Enforcement, Collection, Refund, Remedies and Review of State Taxes
§ 58.1-1804. Collection out of estate in hands of or debts due by third party

The Tax Commissioner may apply in writing to any person indebted to or having in his hands estate of a taxpayer for payment of any taxes assessed under § 58.1-313 or § 58.1-631, or of any taxes more than thirty days delinquent, out of such debt or estate. Payment by such person of such taxes, penalties and interest, either in whole or in part, shall entitle him to a credit against such debt or estate. The taxes, penalties and interest shall constitute a lien on the debt or estate due the taxpayer from the time the application is received. For each application served, the person applied to shall be entitled to a fee of twenty dollars which shall constitute a charge or credit against the debt to or estate of the taxpayer.
The Tax Commissioner shall send a copy of the application to the taxpayer, with a notice informing him of the remedies provided in this chapter.
If the person applied to does not pay so much as ought to be recovered out of such debt or estate, the Tax Commissioner shall procure a summons directing such person to appear before the appropriate court, where the proper payment may be enforced. Any person so summoned shall have the same rights of removal and appeal as are applicable to disputes among individuals.
Code 1950, § 58-1010; 1960, c. 573; 1983, c. 481; 1984, c. 675.

Structure Code of Virginia

Code of Virginia

Title 58.1 - Taxation

Chapter 18 - Enforcement, Collection, Refund, Remedies and Review of State Taxes

§ 58.1-1800. Local treasurer to receive state taxes; list of delinquent taxes

§ 58.1-1801. Delinquent lists involving state taxes to be transmitted to the Department of Taxation; crediting treasurer; collections

§ 58.1-1802. When delinquent state taxes charged off; notification and record of charge-off

§ 58.1-1802.1. Period of limitations on collection; accrual of interest and penalty

§ 58.1-1802.2. Delinquent returns; enforcement; when approval required

§ 58.1-1803. Department of Taxation may appoint collectors of delinquent state taxes; Contract Collector Fund established

§ 58.1-1804. Collection out of estate in hands of or debts due by third party

§ 58.1-1805. Memorandum of lien for collection of taxes; release of lien

§ 58.1-1806. Additional proceedings for the collection of taxes; jurisdiction and venue

§ 58.1-1807. Judgment or decree; effect thereof; enforcement

§ 58.1-1808. Collection in foreign jurisdiction

§ 58.1-1809. Jurisdiction over Commonwealth for purpose of determining validity, amount and priority of tax lien

§ 58.1-1810. Reserved

§ 58.1-1812. Assessment of omitted taxes by the Department of Taxation

§ 58.1-1813. Liability of corporate officer or employee, or member, manager or employee of partnership or limited liability company, for failure to pay tax, etc.

§ 58.1-1814. Criminal liability for failure to file returns or keep records

§ 58.1-1815. Willful failure to collect and account for tax

§ 58.1-1816. Conversion of trust taxes; penalty; limitation of prosecutions

§ 58.1-1817. Installment agreements for the payment of taxes

§ 58.1-1817.1. Waiver of tax penalties for small businesses

§ 58.1-1818. Taxpayer problem resolution program; taxpayer assistance orders

§ 58.1-1819. Reserved

§ 58.1-1820. Definitions

§ 58.1-1821. Application to Tax Commissioner for correction

§ 58.1-1822. Action of Tax Commissioner on application for correction

§ 58.1-1823. Reassessment and refund upon the filing of amended return or the payment of an assessment

§ 58.1-1824. Protective claim for refund

§ 58.1-1825. Application to court for correction of erroneous or improper assessments of state taxes generally

§ 58.1-1826. Action of court

§ 58.1-1827. Correction of double assessments

§ 58.1-1828. Appeal

§ 58.1-1829. Costs in proceedings under §§ 58.1-1825 through 58.1-1828

§ 58.1-1830. Effect of order

§ 58.1-1831. No injunctions against assessment or collection of taxes

§ 58.1-1832. Chapter includes taxes, levies, penalties and interest

§ 58.1-1833. Interest on overpayments or improper collection

§ 58.1-1834. Taxpayer meetings; representation; recording meetings

§ 58.1-1835. Abatement of any tax, interest, and penalty attributable to erroneous written advice by the Department

§ 58.1-1836. Reserved

§ 58.1-1840. Repealed

§ 58.1-1840.1. Repealed

§ 58.1-1840.2. Virginia Tax Amnesty Program

§ 58.1-1845. Virginia Taxpayer Bill of Rights