§ 8.01-525.3 Procedure to question claim of creditor
Any creditor of the assignor who questions the validity of any other creditor’s claim, or the trustee if he questions the validity of any claim, may file, within 30 days after the recordation of the deed, a petition against the creditor whose claim is questioned in the court that would have jurisdiction if the action was brought by the creditor whose claim is questioned against the assignor, and the burden of proof shall be upon the creditor whose claim is questioned. Upon the filing of such petition, the court may order the party whose claim is questioned to appear to defend such claim and the court shall determine the matter in a summary way.
History
This law was first created in 1924. The record of its establishment is cataloged at page 658 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1924 “Acts” aren’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1942, when it was recodified as § 5278c; in 1950, when it was recodified as § 55-158; in 2019, chapter 712.
1924, p. 658; Michie Code 1942, § 5278c; Code 1950, § 55-158; 2019, c. 712.