55-82 - Creditor's suits to avoid such gifts, etc.
§ 55-82. Creditor's suits to avoid such gifts, etc.
A creditor before obtaining a judgment or decree for his claim may, whethersuch claim be due and payable or not, institute any suit which he mightinstitute after obtaining such judgment or decree to avoid a gift,conveyance, assignment or transfer of, or charge upon, the estate of hisdebtor declared void by either § 55-80 or 55-81; and he may in such suit haveall the relief in respect to such estate to which he would be entitled afterobtaining a judgment or decree for the claim which he may be entitled torecover. A creditor availing himself of this section shall have a lien fromthe time of bringing his suit on all the estate, real and personal,hereinbefore mentioned, and a petitioning creditor shall be entitled to alike lien from the time of filing his petition in the court or in the clerk'soffice of the court in which the suit is brought. If the proceeds of sale beinsufficient to satisfy the claims of all the creditors whose liens wereacquired at the same time they shall be applied ratably to such claims andthe court may make a personal decree against the debtor for any deficiencyremaining on the claim of any creditor after applying thereto his share ofthe proceeds of sale, or, if any creditor be not entitled to share in suchproceeds, may render a personal decree against the debtor for the full amountof the creditor's claim. This section is subject to the provisions of §§8.01-268 and 8.01-269.
(Code 1919, § 5186; 1926, p. 874; 2009, c. 593.)