If any person summoned under § 8.01-506 fails to appear and answer, or makes any answers which are deemed by the commissioner or court to be evasive, or if, having answered, fails to make such conveyance and delivery as is required by § 8.01-507, the commissioner or court shall issue (i) a capias directed to any sheriff requiring such sheriff to take the person in default and deliver him to the commissioner or court so that he may be compelled to make proper answers, or such conveyance or delivery, as the case may be or (ii) a rule to show cause why the person summoned should not appear and make proper answer or make conveyance and delivery. If the person in default fails to answer or convey and deliver he may be incarcerated until he makes such answers or conveyance and delivery. Where a capias is issued, the person in default shall be admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 if he cannot be brought promptly before the commissioner or court in the county or city to which the capias is returnable. Upon making such answers, or such conveyance and delivery, he shall be discharged by the commissioner or the court. He may also be discharged by the court from whose clerk's office the capias issued in any case where the court is of the opinion that he was improperly committed or is improperly or unlawfully detained in custody. If the person in default appeals the decision of the commissioner or court, he shall be admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2.
If the person held for failure to appear and answer interrogatories is detained in a jurisdiction other than that where the summons is issued, the sheriff in the requesting jurisdiction shall have the duty to transport such person to the place where interrogatories are to be taken.
Code 1950, § 8-438; 1977, c. 617; 1983, c. 278; 1985, c. 290; 1986, c. 326; 1999, cc. 829, 846.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 18 - Executions and Other Means of Recovery
§ 8.01-466. Clerk to issue fieri facias on judgment for money
§ 8.01-467. What writs may not issue
§ 8.01-468. Executions against corporations
§ 8.01-469. Executions on joint judgments
§ 8.01-470. Writs on judgments for specific property
§ 8.01-472. Writs on judgments for personal property
§ 8.01-473. Judgment for benefit of other person than plaintiff; remedies of such person
§ 8.01-474. What writ of fieri facias to command
§ 8.01-475. Subsequent executions
§ 8.01-476. New execution after loss of property sold under indemnifying bond
§ 8.01-477. When executions may be quashed; how proceedings thereon stayed
§ 8.01-477.1. Claims of exemption from execution
§ 8.01-478. On what property writ of fieri facias levied; when lien commences
§ 8.01-479. Time for enforcement
§ 8.01-480. Prior security interest on property levied on
§ 8.01-481. Territorial extent of lien
§ 8.01-482. If levy be on coin or currency, how accounted for
§ 8.01-483. Return of officer on fieri facias; statement filed therewith
§ 8.01-484. When writ may be destroyed
§ 8.01-485. When venditioni exponas may issue; proceedings thereon
§ 8.01-486. Procedure when officer taking property under execution dies before sale
§ 8.01-487. Officer to endorse on fieri facias time of receiving it
§ 8.01-487.1. Officer to leave copy of writ where levy made
§ 8.01-488. When several writs of fieri facias, how satisfied
§ 8.01-489. Growing crops, not severed, not liable to distress or levy
§ 8.01-490. No unreasonable distress or levy; sustenance provided for livestock; removal of property
§ 8.01-493. Adjournment of sale
§ 8.01-494. Resale of property if purchaser fails to comply; remedy against such purchaser
§ 8.01-495. When money received by officer under execution to be repaid to debtor
§ 8.01-496. Officer not required to go out of his jurisdiction to pay over money
§ 8.01-497. Suit by officer to recover estate on which fieri facias is lien
§ 8.01-498. Selling officers and employees not to bid or to purchase
§ 8.01-499. Officer receiving money to make return thereof and pay net proceeds; commission, etc.
§ 8.01-500. Officer receiving money to notify person entitled to receive it
§ 8.01-501. Lien of fieri facias on estate of debtor not capable of being levied on
§ 8.01-502. Person paying debtor not affected by lien unless notice given
§ 8.01-502.1. Serving notice of lien on financial institution
§ 8.01-504. Penalty for service of notice of lien when no judgment exists
§ 8.01-505. When lien acquired on intangibles under § 8.01-501 ceases
§ 8.01-506.1. Production of book accounts or other writing compelled
§ 8.01-506.2. Proceedings in court of county or city where execution debtor resides
§ 8.01-507. Conveyance or delivery of property disclosed by interrogatories
§ 8.01-507.1. Interrogatories, answers, etc., to be returned to court
§ 8.01-508. How debtor may be arrested and held to answer
§ 8.01-509. Order for sale and application of debtor's estate
§ 8.01-510. Sale, collection and disposition of debtor's estate by officer
§ 8.01-511. Institution of garnishment proceedings
§ 8.01-511.1. Garnishee inability to determine whether it holds property of judgment debtor
§ 8.01-512.2. Fee for garnishee-employers
§ 8.01-512.3. Form of garnishment summons
§ 8.01-512.4. Notice of exemptions from garnishment and lien
§ 8.01-512.5. Hearing on claim of exemption from garnishment
§ 8.01-513. Service upon corporation or limited liability company
§ 8.01-514. When garnishment summons returnable
§ 8.01-516.1. Garnishment dispositions
§ 8.01-517. Exemption of portion of wages; payment of excess into court
§ 8.01-518. When garnishee is personal representative of decedent
§ 8.01-519. Proceedings where garnishee fails to appear or answer, or to disclose his liability
§ 8.01-520. Payment, etc., by garnishee before return of summons
§ 8.01-521. Judgments as to costs
§ 8.01-522. Wages and salaries of State employees
§ 8.01-523. Service upon federal government
§ 8.01-524. Wages and salaries of city, town and county officials, clerks and employees
§ 8.01-525. Who are officers and employees of cities, towns and counties