A. The claimant shall be (i) an individual whose contract with the regulant involved contracting for the claimant's residence located in the Commonwealth or (ii) a property owners' association as defined in § 55.1-1800 whose contract with the regulant involved contracting for improvements to the common areas owned by the association.
The claimant shall not himself be (a) an employee of such judgment debtor, (b) a vendor of such judgment debtor, (c) another licensee, (d) the spouse or child of such judgment debtor or the employee of such spouse or child, or (e) a financial or lending institution or any person whose business involves the construction or development of real property.
B. Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth or has a judgment entered in conformity with an order confirming an arbitration award from a court of competent jurisdiction in the Commonwealth against any individual or entity that involves improper or dishonest conduct occurring (i) during a period when such individual or entity was a regulant and (ii) in connection with a transaction involving contracting, the claimant may file a verified claim with the Director to obtain a directive ordering payment from the Fund of the amount unpaid upon the judgment, subject to the following conditions:
1. If an action is instituted against a regulant by any person in a court of competent jurisdiction in the Commonwealth, such person shall serve a copy of the complaint upon the Board by certified mail or the equivalent; however, if a person submits a dispute to arbitration against a regulant, such person shall serve upon the Board a copy of the statement of facts and allegations provided to any assigned arbitrator, as well as the name, address, and contact information for any such arbitrator.
2. A copy of any pleading or document filed subsequent to the initial service of process in the action against a regulant shall be provided to the Board. If the dispute is submitted to arbitration, a copy of any document or exhibit subsequently provided to any assigned arbitrator shall be provided to the Board. The claimant shall submit such copies to the Board by certified mail, or the equivalent, upon his receipt of the pleading, document, or exhibit.
3. A verified claim shall be filed with the Director no later than 12 months after the date of entry of the final judgment from which no further right of appeal exists. In addition to a verified claim, if a claimant is granted an order confirming an arbitration award, a verified copy of the decision of any assigned arbitrator, including a statement of reasoning and any findings of fact regarding any improper or dishonest conduct by the regulant shall be filed with the Director no later than 12 months after the date of entry of the judgment entered in conformity with an order from a court of competent jurisdiction in the Commonwealth confirming an arbitration award from which no further right of appeal exists.
4. Prior to submitting the verified claim, the claimant shall:
a. Conduct or make a reasonable attempt to conduct debtor's interrogatories to determine whether the judgment debtor has any assets that may be sold or applied in whole or partial satisfaction of the judgment; and
b. Take all legally available actions for the sale or application of any assets disclosed in the debtor's interrogatories.
C. If the regulant has filed bankruptcy, the claimant shall file a claim with the proper bankruptcy court. If no distribution is made, or the distribution ordered fails to satisfy the claim, the claimant may then file a claim with the Board. The verified claim shall be received by the Board within 12 months of the date of bankruptcy discharge or dismissal. In the event the judgment is silent as to the conduct of the regulant, the Board shall determine (i) whether the conduct of the regulant that gave rise to the claim was improper or dishonest and (ii) what amount, if any, such claimant is entitled to recover from the Fund.
1980, c. 635, § 54-145.3:3; 1984, c. 270; 1987, c. 555; 1988, cc. 393, 765; 1990, cc. 215, 437, 911; 1995, c. 784; 1996, c. 96; 1997, c. 885; 1999, cc. 55, 261; 2013, c. 343; 2015, c. 409; 2023, c. 248.
Notes of Decisions
Frey v. Jefferson Homebuilders, Inc., 467 S.E.2d 788 (Va. 1996).
· cites it 4× “2-2206(E) and (F) (uninsured motorist actions); Code § 54.1-1120(1) (Contractor Transaction Recovery Fund claims); Code § 54.”
Bendele Ex Rel. Bendele v. Com., 512 S.E.2d 827 (Va. Ct. App. 1999).
· cites it 2× “In other instances, the General Assembly has included the following sentence in statutes creating actions: “The provisions of § 8.”
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., etc. (Va. Ct. App. 1997).
· cites it 16× “Code § 54.1-1120, in effect at the applicable time, provided, in pertinent part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring…”
Commonwealth of Virginia, Bd. for Contractors v. Michael Gavigan (Va. Ct. App. 2011).
· cites it 9× “The Court, having heard evidence, doth ADJUDGE, ORDER, and DECREE that the Plaintiff shall recover on his claim under the Virginia Consumer Protection Act and for improper conduct as set out in § 54.1-1120(7) of the Code of Virginia. 3 2 Code § 54.”
Hill v. Dep't of Prof'l & Occupational Reg., 86 Va. Cir. 54 (Norfolk Cir. Ct. 2012).
· cites it 5× “The first sentence of Code § 54.1-1120(A) (7) provides that a claimant will not be denied recovery if the judgment does not contain a specific finding of “improper or dishonest conduct.”
Earl McCatty v. Commonwealth of Virginia, Dep't of Prof'l & etc. (Va. Ct. App. 2008).
· cites it 4× “1-1120(A) provides in part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring (i) during a period when such individual or entity…”
Flournoy v. Commonwealth of Bd. for Contractors, 79 Va. Cir. 427 (Henrico Cir. Ct. 2009).
· cites it 3× “Va. Code § 54.1-1120(A). In effect, the Board granted one of Petitioners’ claims (File number 2009-683) and denied the other (File number 2009-684).”
Lux v. Kotvas, 40 Va. Cir. 457 (Spotsylvania Cir. Ct. 1996).
· cites it 2× “Specifically, he says, it was not timely filed, and it did not contain the information required in subsection (6) of § 54.1-1120. The Act provides that a claimant “may file a verified claim .”
Leah Bendele, An Infant v. CW, DMAS (Va. Ct. App. 1999).
“In other instances, the General Assembly has included the following sentence in statutes creating actions: "The provisions of § 8.”
— Va. Code Ann. § 54.1-1120(1) — 3 cases
Frey v. Jefferson Homebuilders, Inc., 467 S.E.2d 788 (Va. 1996).
“2-2206(E) and (F) (uninsured motorist actions); Code § 54.1-1120(1) (Contractor Transaction Recovery Fund claims); Code § 54.”
Bendele Ex Rel. Bendele v. Com., 512 S.E.2d 827 (Va. Ct. App. 1999).
“In other instances, the General Assembly has included the following sentence in statutes creating actions: “The provisions of § 8.”
Leah Bendele, An Infant v. CW, DMAS (Va. Ct. App. 1999).
“In other instances, the General Assembly has included the following sentence in statutes creating actions: "The provisions of § 8.”
— Va. Code Ann. § 54.1-1120(3) — 1 case
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., etc. (Va. Ct. App. 1997).
“Code § 54.1-1120, in effect at the applicable time, provided, in pertinent part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring…”
— Va. Code Ann. § 54.1-1120(5)(v) — 1 case
— Va. Code Ann. § 54.1-1120(6) — 2 cases
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., etc. (Va. Ct. App. 1997).
“Code § 54.1-1120, in effect at the applicable time, provided, in pertinent part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring…”
Lux v. Kotvas, 40 Va. Cir. 457 (Spotsylvania Cir. Ct. 1996).
“Specifically, he says, it was not timely filed, and it did not contain the information required in subsection (6) of § 54.1-1120. The Act provides that a claimant “may file a verified claim .”
— Va. Code Ann. § 54.1-1120(6)(a) — 1 case
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., etc. (Va. Ct. App. 1997).
“Code § 54.1-1120, in effect at the applicable time, provided, in pertinent part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring…”
— Va. Code Ann. § 54.1-1120(6)(b) — 1 case
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., etc. (Va. Ct. App. 1997).
“Code § 54.1-1120, in effect at the applicable time, provided, in pertinent part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring…”
— Va. Code Ann. § 54.1-1120(6)(d) — 1 case
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., etc. (Va. Ct. App. 1997).
“Code § 54.1-1120, in effect at the applicable time, provided, in pertinent part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring…”
— Va. Code Ann. § 54.1-1120(7) — 1 case
Commonwealth of Virginia, Bd. for Contractors v. Michael Gavigan (Va. Ct. App. 2011).
“The Court, having heard evidence, doth ADJUDGE, ORDER, and DECREE that the Plaintiff shall recover on his claim under the Virginia Consumer Protection Act and for improper conduct as set out in § 54.1-1120(7) of the Code of Virginia. 3 2 Code § 54.”
— Va. Code Ann. § 54.1-1120(A) — 4 cases
Flournoy v. Commonwealth of Bd. for Contractors, 79 Va. Cir. 427 (Henrico Cir. Ct. 2009).
“Va. Code § 54.1-1120(A). In effect, the Board granted one of Petitioners’ claims (File number 2009-683) and denied the other (File number 2009-684).”
Commonwealth of Virginia, Bd. for Contractors v. Michael Gavigan (Va. Ct. App. 2011).
“The Court, having heard evidence, doth ADJUDGE, ORDER, and DECREE that the Plaintiff shall recover on his claim under the Virginia Consumer Protection Act and for improper conduct as set out in § 54.1-1120(7) of the Code of Virginia. 3 2 Code § 54.”
Earl McCatty v. Commonwealth of Virginia, Dep't of Prof'l & etc. (Va. Ct. App. 2008).
“1-1120(A) provides in part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring (i) during a period when such individual or entity…”
Hill v. Dep't of Prof'l & Occupational Reg., 86 Va. Cir. 54 (Norfolk Cir. Ct. 2012).
“The first sentence of Code § 54.1-1120(A) (7) provides that a claimant will not be denied recovery if the judgment does not contain a specific finding of “improper or dishonest conduct.”
— Va. Code Ann. § 54.1-1120(A)(1) — 1 case
— Va. Code Ann. § 54.1-1120(A)(4) — 2 cases
Commonwealth of Virginia, Bd. for Contractors v. Michael Gavigan (Va. Ct. App. 2011).
“The Court, having heard evidence, doth ADJUDGE, ORDER, and DECREE that the Plaintiff shall recover on his claim under the Virginia Consumer Protection Act and for improper conduct as set out in § 54.1-1120(7) of the Code of Virginia. 3 2 Code § 54.”
Earl McCatty v. Commonwealth of Virginia, Dep't of Prof'l & etc. (Va. Ct. App. 2008).
“1-1120(A) provides in part: Whenever any person is awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against any individual or entity which involves improper or dishonest conduct occurring (i) during a period when such individual or entity…”
— Va. Code Ann. § 54.1-1120(A)(6) — 1 case
Commonwealth of Virginia, Bd. for Contractors v. Michael Gavigan (Va. Ct. App. 2011).
“The Court, having heard evidence, doth ADJUDGE, ORDER, and DECREE that the Plaintiff shall recover on his claim under the Virginia Consumer Protection Act and for improper conduct as set out in § 54.1-1120(7) of the Code of Virginia. 3 2 Code § 54.”
— Va. Code Ann. § 54.1-1120(A)(6)(a) — 1 case
— Va. Code Ann. § 54.1-1120(A)(6)(c) — 1 case
— Va. Code Ann. § 54.1-1120(A)(7) — 3 cases
Hill v. Dep't of Prof'l & Occupational Reg., 86 Va. Cir. 54 (Norfolk Cir. Ct. 2012).
“The first sentence of Code § 54.1-1120(A) (7) provides that a claimant will not be denied recovery if the judgment does not contain a specific finding of “improper or dishonest conduct.”
Commonwealth of Virginia, Bd. for Contractors v. Michael Gavigan (Va. Ct. App. 2011).
“The Court, having heard evidence, doth ADJUDGE, ORDER, and DECREE that the Plaintiff shall recover on his claim under the Virginia Consumer Protection Act and for improper conduct as set out in § 54.1-1120(7) of the Code of Virginia. 3 2 Code § 54.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.