VA SB817 | 2023 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on March 22 2023 - 100% progression
Action: 2023-03-22 - Governor: Acts of Assembly Chapter text (CHAP0234)
Text: Latest bill text (Chaptered) [HTML]

Summary

Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. The bill specifies that the validity and amount of such a lien shall be determined by the court without a jury and directs the Office of the Executive Secretary to create a form to be filed with the clerk of the circuit court. As introduced, this bill was a recommendation of the Boyd-Graves Conference. Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. The bill specifies that the validity and amount of such a lien shall be determined by the court without a jury and directs the Office of the Executive Secretary to create a form to be filed with the clerk of the circuit court. As introduced, this bill was a recommendation of the Boyd-Graves Conference.

Tracking Information

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Title

Attorney fees; written notice of lien requirements, validity and amount determinations.

Sponsors


Roll Calls

2023-02-23 - House - House: VOTE: Block Vote Passage (96-Y 0-N) (Y: 96 N: 0 NV: 0 Abs: 4) [PASS]
2023-02-20 - House - House: Reported from Courts of Justice (20-Y 0-N) (Y: 20 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-13 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-31 - Senate - Senate: Read third time and passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-01-27 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-25 - Senate - Senate: Reported from Judiciary with amendment (12-Y 0-N) (Y: 12 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2023-03-22 Governor: Acts of Assembly Chapter text (CHAP0234)
2023-03-22 Governor: Approved by Governor-Chapter 234 (effective 7/1/23)
2023-03-13 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-13SenateEnrolled Bill Communicated to Governor on March 13, 2023
2023-03-08HouseSigned by Speaker
2023-03-08SenateSigned by President
2023-03-07SenateBill text as passed Senate and House (SB817ER)
2023-03-07SenateEnrolled
2023-02-23HouseVOTE: Block Vote Passage (96-Y 0-N)
2023-02-23HousePassed House BLOCK VOTE (96-Y 0-N)
2023-02-23HouseRead third time
2023-02-22HouseRead second time
2023-02-20HouseReported from Courts of Justice (20-Y 0-N)
2023-02-13HouseSubcommittee recommends reporting (8-Y 0-N)
2023-02-10HouseAssigned Courts sub: Subcommittee #2
2023-02-10HouseReferred to Committee for Courts of Justice
2023-02-10HouseRead first time
2023-02-10HousePlaced on Calendar
2023-01-31SenateRead third time and passed Senate (39-Y 0-N)
2023-01-30SenatePrinted as engrossed 23100739D-E
2023-01-30SenateEngrossed by Senate as amended SB817E
2023-01-30SenateCommittee amendment agreed to
2023-01-30SenateReading of amendment waived
2023-01-30SenateRead second time
2023-01-27SenateConstitutional reading dispensed (40-Y 0-N)
2023-01-25SenateReported from Judiciary with amendment (12-Y 0-N)
2023-01-20SenateAssigned Judiciary sub: Civil Law
2022-12-19SenateReferred to Committee on the Judiciary
2022-12-19SenatePrefiled and ordered printed; offered 01/11/23 23100739D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
5413932(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB817
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB817+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB817E+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB817ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0234+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23104337A.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23105278A.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+SB817AS
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0073+SB0817
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0133SB0817+SB0817
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0155SB0817+SB0817
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0802V0096+SB0817
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0325+SB0817
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2248+SB0817

Bill Comments

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