Agencies | Governor
Virginia Regulatory Town Hall

Proposed Text

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Action:
Repeal of the Writ Taxes Regulation Not Necessary for the ...
Stage: Fast-Track
 
23VAC10-400

CHAPTER 400
WRIT TAXES REGULATIONS (REPEALED)

23VAC10-400-10

23VAC10-400-10. Taxes on suits or writ taxes generally. (Repealed.)

A. The tax does not apply to actions brought by a person who, on account of indigency, is unable to pay fees or costs and who is allowed by the court to proceed without paying fees or costs. (See ยงยง 14.1-183 and 14.1-198 of the Code of Virginia.)

B. Cross claims and counter claims are not subject to the tax. (Opinion of the Attorney General 72-73 at 193; 69-70 at 296.) Third party motions for judgment are taxable. (Opinion of the Attorney General 72-73 at 455.) The tax does not apply to garnishment proceedings (Opinion of the Attorney General 73-74 at 415). The tax does not apply to a writ of scire facias (Opinion of the Attorney General 76-77 at 29).

C. The Commonwealth and political subdivisions thereof are not required to pay the tax to institute and maintain an action in the Commonwealth.