No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner's child support obligation, shall be maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to § 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under § 20-107.3.
Code 1950, § 53-307.1; 1980, c. 504; 1982, c. 636; 1992, c. 398; 2000, c. 404; 2006, c. 553.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1989–2024 · leading case:
Ruffin v. Commonwealth, 393 S.E.2d 425 (Va. Ct. App. 1990).
Ruffin v. Commonwealth, 393 S.E.2d 425 (Va. Ct. App. 1990).
· cites it 30× “Section 53.1-221 provides that a prisoner's estate, both personal and real, may be committed to a committee.”
Holsapple v. Commonwealth, 574 S.E.2d 756 (Va. Ct. App. 2003).
· cites it 8× “01-9, or a committee, pursuant to Code § 53.1-223, once Frazier forwarded the notice to him while he was incarcerated.”
Ronnie Eugene Tucker v. Donna S. Wimer, 590 S.E.2d 73 (Va. Ct. App. 2003).
· cites it 8× “Tucker contended the paternity determination was void because the trial court had not appointed a committee for him pursuant to Code § 53.1-223. The trial court found that he was not entitled to a committee because he was not incarcerated for a felony conviction and enforced the…”
Holsapple v. Commonwealth, 566 S.E.2d 210 (Va. Ct. App. 2002).
· cites it 4× “01-9, or a committee, pursuant to Code § 53.1-223, once Frazier forwarded the notice to him while he was incarcerated.”
Buchanan Cnty., VA v. Blankenship, 406 F. Supp. 2d 642 (W.D. Va. 2005).
· cites it 4× “A Virginia statute provides that “[n]o action or suit on any claim or demand [except for certain divorce and family actions] shall be instituted against a prisoner after judgment of conviction and while he is incarcerated except through his committee.”
Mark Anthony Grethen v. Sandra Lynn Grethen, No. 3244031 (Va. Ct. App. Feb. 15, 2005).
· cites it 9× “He argued in a “Memorandum of Law” that failing to appoint a committee prior to a monetary award violates Code § 53.1-223. The court denied husband’s motion to dismiss.”
Amy Lynn Childress v. Jimmie Dewitt Childress, III, No. 1374223 (Va. Ct. App. Apr. 9, 2024).
· cites it 2× “” After noting that wife was “still” pro se and had an “obligation” to notify the court of any change in her address, 12 Code § 53.1-223 provides that No action or suit on any claim or demand, except suits for divorce, .”
Malinowski v. Carter, 19 Va. Cir. 177 (Fairfax Cir. Ct. 1990).
“against a prisoner," § 53.1-223 prohibits action against his potential estate without appointment of a Committee.”
In re N. J. S., 17 Va. Cir. 216 (Fairfax Cir. Ct. 1989).
· cites it 2× “Petitioner, argues that Virginia Code § 53.1-223 prohibits her from filing a civil suit until a committee is appointed.”
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