§ 8.01-582.Appointment of general receivers; their duties; audit of funds.

Chapter 22. Receivers, General and Special · Article 1. General Receivers · Last amended 2003 · Last verified July 16, 2026

In one sentenceThis section lets a circuit court appoint a general receiver — often the clerk — to hold, invest, and pay out money placed under the court's control by judgment or decree, requiring sealed beneficiary affidavits, public-deposit investment rules, and audit by the Auditor of Public Accounts.

Full Text of § 8.01-582

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Any circuit court may appoint a general receiver of the court, who may be the clerk of the court, and who shall hold his office at its pleasure. The general receiver's duty shall be, unless it is otherwise specially ordered, to receive, take charge of and hold all moneys paid under any judgment, order or decree of the court, and also to pay out or dispose of same as the court orders or decrees. Moneys held pursuant to this section shall be deemed public deposits as set forth in Chapter 44 (§ 2.2-4400 et seq.) of Title 2.2 and shall be invested in certificates of deposit or time deposits, and in accordance with the provisions of Chapter 45 (§ 2.2-4500 et seq.) of Title 2.2, as ordered by the court. Prior to or at the time of entry of any judgment, order or decree placing moneys under the control of the general receiver for the benefit of any specifically identified beneficiary, the general receiver shall file an affidavit with the court providing the beneficiary's name, date of birth, and social security number, as well as the proposed dates of final and periodic disbursements. Such affidavit shall be maintained under seal by the clerk unless otherwise ordered by the court, and the information therein shall be used solely for the purposes of financial management and reporting. Orders creating funds pursuant to this section shall include information necessary to make prudent investment and disbursement decisions but shall not include the personal identifying information set forth in the general receiver's affidavit.

Unless otherwise ordered by the court, the provisions of this section shall not apply to:

1. Cash or other money received in lieu of surety on any bond posted in any civil or criminal case, including but not limited to, bail bonds, appeal bonds in appeals from a district court or circuit court, bonds posted in connection with the filing of an attachment, detinue seizure or distress, suspending bonds, and performance bonds;

2. Cash or other money paid or deposited in the clerk's office prior to final disposition of the case, including but not limited to interpleaders or eminent domain; or

3. Cash or other money deposits in lieu of surety on any bond posted in the clerk's office which is not posted in connection with any civil or criminal case, including bonds posted by executors or administrators.

To this end, the general receiver is authorized to verify, receive, and give acquittances for all such moneys, as the court may direct. Any interest which accrues on the funds, minus allowable fees and bond costs, shall be credited and payable to the person or persons entitled to receive such funds.

All moneys received under this section are subject to audit by the Auditor of Public Accounts. The Auditor of Public Accounts shall prescribe mandatory record keeping and accounting standards for general receivers.

End

Plain-English Summary

When a judgment, order, or decree puts money under a circuit court's control, someone has to hold it, invest it, and eventually pay it out. This section lets the court appoint a general receiver for that job — frequently the clerk of court himself — who serves at the court's pleasure and can be replaced at any time.

The receiver's custodial duties come with financial guardrails. Because the funds count as public deposits, they must go into certificates of deposit or time deposits under the Commonwealth's public-deposit security laws. Before any money is earmarked for a named beneficiary, the receiver must file a sealed affidavit listing that person's name, date of birth, and Social Security number, kept separate from the court order itself so the order need only carry what a prudent investment decision requires.

Not every dollar that reaches the clerk's office falls under this scheme. Bail and appeal bonds, money held only until a case like an interpleader or eminent domain proceeding is resolved, and certain bond deposits unconnected to a case are excluded unless the court orders otherwise. Whatever the receiver does hold stays open to inspection — the Auditor of Public Accounts may audit the funds and sets the mandatory recordkeeping and accounting standards every general receiver must follow.

Frequently Asked Questions

Who can be appointed a general receiver in Virginia?

Any circuit court may appoint a general receiver, who may be the clerk of the court, and who holds the office at the court's pleasure.

What is the general receiver's core duty?

To receive, take charge of, and hold all moneys paid under any judgment, order, or decree of the court, and to pay out or dispose of that money as the court orders or decrees.

What personal information must be filed before money is placed under the receiver's control for a specific person?

An affidavit giving the beneficiary's name, date of birth, and Social Security number, along with proposed dates of final and periodic disbursements, kept under seal by the clerk.

What kinds of money are excluded from this section?

Cash or money received in lieu of surety on bonds such as bail or appeal bonds, money deposited before final disposition of a case such as interpleaders or eminent domain, and certain bond deposits not connected to a civil or criminal case, unless the court orders otherwise.

Who audits the money a general receiver holds?

The Auditor of Public Accounts, who also prescribes mandatory recordkeeping and accounting standards for general receivers.

Amendment History

Code 1950, § 8-725; 1973, c. 354; 1977, c. 617; 1979, c. 498; 1988, c. 553; 1990, c. 414; 1991, c. 635; 1999, c. 198; 2003, c. 97.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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