Virginia Code 53.1-223: Restriction on suits against prisoners
No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner’s child support obligation, shall be maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to § 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under § 20-107.3.
Terms Used In Virginia Code 53.1-223
- Conviction: A judgement of guilt against a criminal defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Code 1950, § 53-307.1; 1980, c. 504; 1982, c. 636; 1992, c. 398; 2000, c. 404; 2006, c. 553.