46.2-1527.3 - Recovery from Fund, generally.
§ 46.2-1527.3. Recovery from Fund, generally.
Except as otherwise provided in this chapter, whenever any person is awardeda final judgment in a court of competent jurisdiction in the Commonwealth for(i) any loss or damage in connection with the purchase or lease of a motorvehicle by reason of any fraud practiced on him or fraudulent representationmade to him by a licensed or registered motor vehicle dealer participating inthe Motor Vehicle Transaction Recovery Fund or one of a dealer's salespersonsacting for the dealer or within the scope of his employment or (ii) any lossor damage by reason of the violation by a dealer or salesperson participatingin the Motor Vehicle Transaction Recovery Fund of any of the provisions ofthis chapter in connection with the purchase of a motor vehicle on or afterJanuary 1, 1989, or the lease of a motor vehicle on or after October 1, 1998,the judgment creditor may file a verified claim with the Board, requestingpayment from the Fund of the amount unpaid on the judgment subject to thefollowing conditions:
1. The claim shall be filed with the Board no sooner than 30 days and nolater than 12 months after the judgment becomes final along with the evidenceof compliance with subdivision 3 below.
2. The Board shall consider for payment claims submitted by retail purchasersof motor vehicles, and for purchases of motor vehicles by licensed orregistered motor vehicle dealers who contribute to the Fund. The Board shallalso consider for payment claims submitted by lessees of motor vehiclesleased on or after October 1, 1998, from licensed or registered motor vehicledealers who contribute to the Fund.
3. If the final judgment from a court of competent jurisdiction includes, aspart of the judgment, an award of attorney fees and court costs, the Fund mayinclude those in its payment of the claim if (i) the claimant had previouslysubmitted to the trial court a detailed and itemized affidavit by counsel forthe judgment creditor seeking such fees and costs, including a breakdown ofthe hours worked and the subject matter of those hours; (ii) said itemizedaffidavit formed the basis of the court's award of such fees; and (iii) acopy of such affidavit is provided to the Board with the judgment creditor'sclaim. If the award of attorney fees and costs by the trial court was notbased on a detailed and itemized affidavit from counsel for the judgmentcreditor with a breakdown of the hours worked, then the Board may review andlimit any claim for attorney fees to those attorney fees directlyattributable to that portion of the final judgment that is determined to be acompensable claim by the Board against the Fund, and the Board may require adetailed itemization from counsel before considering such claim for attorneyfees.
(1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2003, c. 331; 2007, c. 826.)