8.01-508 - How debtor may be arrested and held to answer.

§ 8.01-508. How debtor may be arrested and held to answer.

If any person summoned under § 8.01-506 fails to appear and answer, or makesany answers which are deemed by the commissioner or court to be evasive, orif, having answered, fails to make such conveyance and delivery as isrequired by § 8.01-507, the commissioner or court shall issue (i) a capiasdirected to any sheriff requiring such sheriff to take the person in defaultand deliver him to the commissioner or court so that he may be compelled tomake proper answers, or such conveyance or delivery, as the case may be or(ii) a rule to show cause why the person summoned should not appear and makeproper answer or make conveyance and delivery. If the person in default failsto answer or convey and deliver he may be incarcerated until he makes suchanswers or conveyance and delivery. Where a capias is issued, the person indefault shall be admitted to bail as provided in Article 1 (§ 19.2-119 etseq.) of Chapter 9 of Title 19.2 if he cannot be brought promptly before thecommissioner or court in the county or city to which the capias isreturnable. Upon making such answers, or such conveyance and delivery, heshall be discharged by the commissioner or the court. He may also bedischarged by the court from whose clerk's office the capias issued in anycase where the court is of the opinion that he was improperly committed or isimproperly or unlawfully detained in custody. If the person in defaultappeals the decision of the commissioner or court, he shall be admitted tobail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2.

If the person held for failure to appear and answer interrogatories isdetained in a jurisdiction other than that where the summons is issued, thesheriff in the requesting jurisdiction shall have the duty to transport suchperson to the place where interrogatories are to be taken.

(Code 1950, § 8-438; 1977, c. 617; 1983, c. 278; 1985, c. 290; 1986, c. 326;1999, cc. 829, 846.)