A. Whenever the Attorney General has reasonable cause to believe that (i) any person, not licensed under this chapter, is violating, has violated, is threatening to violate or intends to violate any provision of this chapter or any order or regulation lawfully made pursuant to the authority of this chapter and (ii) the facts justify it, the Attorney General shall institute and prosecute a lawsuit for monetary or injunctive relief or both in the Circuit Court of the City of Richmond, in the name of the Commonwealth. The court may grant monetary relief or may enjoin and restrain or both any such person from engaging in or continuing any such violation or from doing any act or acts in furtherance thereof. In any such suit a decree or order may be entered awarding such monetary relief or preliminary or final injunctive relief as may be deemed proper.
B. In addition to all other means provided by law for the enforcement of an award of monetary relief, a temporary restraining order, temporary injunction, or final injunction, the court may impound, and appoint a receiver for, (i) the property and business of the defendant, including books, papers, documents, and records pertaining thereto, (ii) so much thereof as the court deems reasonably necessary to prevent further violation of this chapter through or by means of the use of such property and business, or (iii) so much thereof as is necessary to identify borrowers who have been damaged and the amount of their damages, and to refund the amount of any such damages to the borrowers pursuant to subsection C. The receiver, when appointed and qualified, shall have such powers and duties as to custody, collection, administration, payment of debts and liquidation of the property and business as from time to time are conferred upon him by the court.
C. The Attorney General may seek and the circuit court may order or decree such other relief allowed by law, including restitution to the extent available to borrowers under § 6.2-1541.
D. In any action brought by the Attorney General by virtue of the authority granted in this section, the Attorney General shall be entitled to seek attorney fees and costs.
E. Nothing in this section shall be construed to preclude any person who suffers a loss as a result of a violation of § 6.2-1501 from maintaining an action to recover damages or restitution under § 6.2-1541.
F. No individual shall be entitled to refuse to testify in a suit brought under this section because the person's testimony would tend to incriminate such person or subject the individual to penalty or forfeiture. If called to testify by the Commonwealth or by the court trying the case, the individual may not thereafter be prosecuted for any crime or subjected to any penalty or forfeiture growing out of the transaction concerning which the individual testifies.
Code 1950, §§ 6-322, 6-333; 1966, c. 584, §§ 6.1-303, 6.1-304; 1988, c. 186; 1992, c. 9; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 15 - Consumer Finance Companies
§ 6.2-1501. Compliance with chapter; license required; attempts to evade application of chapter
§ 6.2-1502. Certain persons ineligible as licensees; exception for subsidiaries
§ 6.2-1504. Restrictions on name
§ 6.2-1505. Application for license; application fee
§ 6.2-1506. Investigation of application
§ 6.2-1507. Issuance of license
§ 6.2-1508. Notices to Commission
§ 6.2-1508.1. Additional offices; relocation of offices
§ 6.2-1509. Contents, posting, transfer, and duration of license
§ 6.2-1510. Acquisition of control; application
§ 6.2-1511. Revocation of license
§ 6.2-1512. Suspension of license
§ 6.2-1513. Record and notice of revocation or suspension
§ 6.2-1514. Surrender of license
§ 6.2-1515. Effect of license revocation, suspension, or surrender
§ 6.2-1516. Reinstatement of license
§ 6.2-1517. Place of business generally
§ 6.2-1518. Notice of conduct of other business in same place of business; fee
§ 6.2-1519. Changing place of business
§ 6.2-1520. Rate of interest; late charges; processing fees
§ 6.2-1521. Post-judgment charges
§ 6.2-1522. Other limitations on interest
§ 6.2-1523. Additional charges prohibited; exceptions
§ 6.2-1523.2. Application of chapter to Internet loans
§ 6.2-1524. Required and prohibited activities and conduct
§ 6.2-1527. Liens on household furniture
§ 6.2-1528. Exemptions unimpaired
§ 6.2-1529. Collection of loans made outside Commonwealth
§ 6.2-1530. Investigations; immunities
§ 6.2-1532. Fees for examination, supervision and regulation
§ 6.2-1533. Books, accounts, and records; pledge or deposit of notes and securities
§ 6.2-1535. Regulations and orders
§ 6.2-1536. Disclosures in connection with sale of securities
§ 6.2-1537. Authority of Attorney General; impoundment of property and receivership
§ 6.2-1538. Copies of orders or licenses
§ 6.2-1539. Review by Commission
§ 6.2-1540. Criminal penalties
§ 6.2-1541. Unlawful contracts void; recovery of amounts paid
§ 6.2-1542. Duty to refund unauthorized or excess charges; liability to borrower for penalty