Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 15. Payment and Setoff
Virginia Code

Va. Code Ann. § 8.01-421 (2026)

Payment may be pleaded; payment into court of part of claim; procedure upon such payment

✓ current as of May 2026
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A. In any action for recovery of a debt the defendant may plead payment of the debt or any part thereof prior to the commencement of the action.

B. In any personal action, the defendant may pay into court a sum of money on account of what is claimed, or by way of compensation or amends, and plead that he is not indebted to the plaintiff, or that the plaintiff has not sustained damages, to a greater amount than such sum. The plaintiff may accept such sum either in full satisfaction, and then have judgment for his costs, or in part satisfaction, and reply to the allegations of the defendant's pleadings, and, if issue thereon be found for the defendant, judgment shall be given for the defendant, and he shall recover his costs. The payment of such sum into court shall not be admissible in evidence.

Code 1950, §§ 8-236, 8-237, 8-238; 1954, c. 333; 1977, c. 617; 1978, c. 416.

Notes of Decisions
Cited in 2 cases, 2001–2005 · leading case: Gibbs v. Hudson Props., Inc., 70 Va. Cir. 17 (Prince George Cir. Ct. 2005).
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Gibbs v. Hudson Props., Inc., 70 Va. Cir. 17 (Prince George Cir. Ct. 2005). · cites it 3× “This action is not barred by Va. Code § 8.01-421. The previous action was a criminal case involving the Commonwealth and Ms.”
Teri C. Jernigan v. Daryl W. Clayton (Va. Ct. App. 2001). · cites it 2× “Instead, she argued the order was not amendable under Code § 8.01-421. After hearing evidence on the motion, the trial court stated it was conceded that, in changing the date in the Order for Change in Child Support from June 23, 1995, to September 22, 1989, "an error .”
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