Va. Code » Title 53.1. Prisons and Other Methods of Correction » Chapter 11. Estates of Prisoners
Virginia Code

Va. Code Ann. § 53.1-222 (2026)

Powers and liabilities of committee; prosecution and defense of suits to which prisoner is party

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A committee appointed pursuant to § 53.1-221 may sue and be sued in respect to all claims or demands of every nature in favor of or against such prisoner and against any of the prisoner's estate. All actions or suits to which the prisoner is a party at the time of his conviction shall be prosecuted or defended, as the case may be, by such committee after ten days' notice of the pendency thereof, which notice shall be given by the clerk of the court in which the same are pending.

Code 1950, § 53-307; 1980, c. 504; 1982, c. 636.

Notes of Decisions
Cited in 5 cases, 1982–2007 · leading case: Harmon v. Sadjadi, 639 S.E.2d 294 (Va. 2007).
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Harmon v. Sadjadi, 639 S.E.2d 294 (Va. 2007). · cites it 2× “The motion for judgment was brought directly against the convict and did not name his committee as otherwise required by then Code § 53-307 (current Code § 53.1-222). Upon Scott's plea in abatement that no action could be brought against him individually while he was…”
Al-Mustafa Irshad v. Spann, 543 F. Supp. 922 (E.D. Va. 1982). · cites it 3× “See Va.Code § 53.1-222 (1982); Cross v. Sundin, 222 Va.”
Chandler v. Yeager, 23 Va. Cir. 103 (Va. Cir. Ct. 1991). · cites it 3× “Although Va. Code §§ 53.1-222 and 53.1-223 provide that a committee may be appointed to prosecute and defend suits against a prisoner pursuant to a motion by an interested party, the Virginia Supreme Court has held in construing a former statute that a convict is free to waive…”
Fines L. Dishman, II v. Christina Dishman, No. 1965993 (Va. Ct. App. May 16, 2000). · cites it 5× “Husband contends that the trial court erred by (1) appointing a committee who failed to fulfill his obligations under Code § 53.1-222; (2) entering the decree although appellant was unable to appear to defend his case; and (3) failing to afford him, as a person under legal…”
Mark Anthony Grethen v. Sandra Lynn Grethen, No. 3244031 (Va. Ct. App. Feb. 15, 2005). · cites it 2× “for the prisoner’s spouse and family . . . .” Code § 53.1-224. The committee must post a bond and be subject to the provisions of Title 26 [Fiduciaries Generally].”
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