{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/13.1-1041.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/13.1-1041.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/13.1-1041.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/13.1-1041.1.html"}],"law_id":346342,"edition_id":2,"section_id":346342,"structure_id":49735,"section_number":"13.1-1041.1","catch_line":"Member’s transferable interest subject to charging order","history":"2004, c. 601; 2006, c. 912.","full_text":"A\n\nOn application by a judgment creditor of a member or of a member’s assignee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. To the extent so charged, the judgment creditor has only the right to receive any distribution or distributions to which the judgment debtor would otherwise have been entitled in respect of the interest.\n\nB\n\nA charging order constitutes a lien on the judgment debtor’s transferable interest in the limited liability company.\n\nC\n\nThis chapter does not deprive a member or a member’s assignee of a right under exemption laws with respect to the judgment debtor’s interest in the limited liability company.\n\nD\n\nThe entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of a member’s assignee may satisfy a judgment out of the judgment debtor’s transferable interest in the limited liability company.\n\nE\n\nNo creditor of a member or of a member’s assignee shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.\n\n","order_by":null,"text":{"0":{"id":1291078,"text":"On application by a judgment creditor of a member or of a member’s assignee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. To the extent so charged, the judgment creditor has only the right to receive any distribution or distributions to which the judgment debtor would otherwise have been entitled in respect of the interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1291079,"text":"A charging order constitutes a lien on the judgment debtor’s transferable interest in the limited liability company.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1291080,"text":"This chapter does not deprive a member or a member’s assignee of a right under exemption laws with respect to the judgment debtor’s interest in the limited liability company.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1291081,"text":"The entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of a member’s assignee may satisfy a judgment out of the judgment debtor’s transferable interest in the limited liability company.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1291082,"text":"No creditor of a member or of a member’s assignee shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":49735,"edition_id":2,"name":"Rights of and Assignment by Members","identifier":"7","label":"article","depth":3,"order_by":7,"parent_id":49728,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:14:07","date_modified":"2026-08-02 12:29:19","permalink":{"id":1375901,"object_type":"structure","relational_id":49735,"identifier":"7","token":"13.1\/12\/7","url":"\/13.1\/12\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49728,"edition_id":2,"name":"Virginia Limited Liability Company Act","identifier":"12","label":"chapter","depth":2,"order_by":15,"parent_id":49726,"metadata":{"child_laws":156,"child_structures":16},"date_created":"2026-08-02 02:14:01","date_modified":"2026-08-02 12:29:18","permalink":{"id":1375353,"object_type":"structure","relational_id":49728,"identifier":"12","token":"13.1\/12","url":"\/13.1\/12\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49726,"edition_id":2,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":44,"parent_id":null,"metadata":{"child_laws":894,"child_structures":104},"date_created":"2026-08-02 02:14:01","date_modified":"2026-08-02 12:29:04","permalink":{"id":1374495,"object_type":"structure","relational_id":49726,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":346337,"structure_id":49735,"section_number":"13.1-1038","catch_line":"Nature of interest in limited liability company","url":"\/13.1-1038\/","token":"13.1\/12\/7\/13.1-1038","metadata":false},{"id":346336,"structure_id":49735,"section_number":"13.1-1038.1","catch_line":"Admission of members","url":"\/13.1-1038.1\/","token":"13.1\/12\/7\/13.1-1038.1","metadata":false},{"id":346338,"structure_id":49735,"section_number":"13.1-1039","catch_line":"Assignment of interest","url":"\/13.1-1039\/","token":"13.1\/12\/7\/13.1-1039","metadata":false},{"id":346341,"structure_id":49735,"section_number":"13.1-1040","catch_line":"Right of assignee to become member","url":"\/13.1-1040\/","token":"13.1\/12\/7\/13.1-1040","metadata":false},{"id":346339,"structure_id":49735,"section_number":"13.1-1040.1","catch_line":"Events causing member's dissociation","url":"\/13.1-1040.1\/","token":"13.1\/12\/7\/13.1-1040.1","metadata":false},{"id":346340,"structure_id":49735,"section_number":"13.1-1040.2","catch_line":"Effect of a member's dissociation","url":"\/13.1-1040.2\/","token":"13.1\/12\/7\/13.1-1040.2","metadata":false},{"id":346343,"structure_id":49735,"section_number":"13.1-1041","catch_line":"Repealed","url":"\/13.1-1041\/","token":"13.1\/12\/7\/13.1-1041","metadata":false},{"id":346342,"structure_id":49735,"section_number":"13.1-1041.1","catch_line":"Member's transferable interest subject to charging order","url":"\/13.1-1041.1\/","token":"13.1\/12\/7\/13.1-1041.1","metadata":false}],"previous_section":{"id":346343,"structure_id":49735,"section_number":"13.1-1041","catch_line":"Repealed","url":"\/13.1-1041\/","token":"13.1\/12\/7\/13.1-1041","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1041.1\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 601<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2006, chapter 912<\/a>.<\/p>","references":[{"id":346443,"section_number":"13.1-1099.9","catch_line":"Remedies of judgment creditor of associated member or protected series assignee","order_by":null,"url":"\/13.1-1099.9\/"}],"refers_to":false,"permalink":{"id":1375931,"object_type":"law","relational_id":346342,"identifier":"13.1-1041.1","token":"13.1\/12\/7\/13.1-1041.1","url":"\/13.1-1041.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/13.1-1041.1\/","token":"13.1\/12\/7\/13.1-1041.1","dublin_core":{"Title":"Member’s transferable interest subject to charging order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1041.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On application by a judgment creditor<\/span> of a member<\/span> or of a member<\/span>’s assignee<\/span>, a court<\/span> having jurisdiction<\/span> may charge the transferable interest<\/span> of the judgment debtor<\/span> to satisfy the judgment. To the extent so charged, the judgment creditor<\/span> has only the right to receive any distribution<\/span> or distributions<\/span> to which the judgment debtor<\/span> would otherwise have been entitled in respect of the interest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A charging order<\/span> constitutes a lien<\/span> on the judgment debtor<\/span>’s transferable interest<\/span> in the limited liability company<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This chapter does not deprive a member<\/span> or a member<\/span>’s assignee<\/span> of a right under exemption laws<\/span> with respect to the judgment debtor<\/span>’s interest<\/span> in the limited liability company<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The entry of a charging order<\/span> is the exclusive remedy by which a judgment creditor<\/span> of a member<\/span> or of a member<\/span>’s assignee<\/span> may satisfy a judgment out of the judgment debtor<\/span>’s transferable interest<\/span> in the limited liability company<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No creditor of a member<\/span> or of a member<\/span>’s assignee<\/span> shall have any right to obtain possession<\/span> of, or otherwise exercise legal or equitable<\/span> remedies with respect to, the property<\/span> of the limited liability company<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEMBER’S TRANSFERABLE INTEREST SUBJECT TO CHARGING ORDER (\u00a7 13.1-1041.1)\n\nA. On application by a judgment creditor of a member or of a member’s\nassignee, a court having jurisdiction may charge the transferable interest of\nthe judgment debtor to satisfy the judgment. To the extent so charged, the\njudgment creditor has only the right to receive any distribution or\ndistributions to which the judgment debtor would otherwise have been entitled in\nrespect of the interest.\n\nB. A charging order constitutes a lien on the judgment debtor’s\ntransferable interest in the limited liability company.\n\nC. This chapter does not deprive a member or a member’s assignee of a\nright under exemption laws with respect to the judgment debtor’s interest\nin the limited liability company.\n\nD. The entry of a charging order is the exclusive remedy by which a judgment\ncreditor of a member or of a member’s assignee may satisfy a judgment out\nof the judgment debtor’s transferable interest in the limited liability\ncompany.\n\nE. No creditor of a member or of a member’s assignee shall have any right\nto obtain possession of, or otherwise exercise legal or equitable remedies with\nrespect to, the property of the limited liability company.\n\nHISTORY: 2004, c. 601; 2006, c. 912.","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"}}