If any officer levies or is required to levy a fieri facias, an attachment,or a warrant of distress on property, and the officer doubts whether suchproperty is liable to such levy, he may give the plaintiff, his agent orattorney-at-law, notice that an indemnifying bond is required in the case;bond may thereupon be given by any person, with good security, payable to theofficer in a penalty equal to the value of the property in the case of afieri facias or a warrant of distress on property and equal to double thevalue of the property in case of an attachment, with condition to indemnifyhim against all damage which he may sustain in consequence of the seizure orsale of such property and to pay to any claimant of such property all damagewhich he may sustain in consequence of such seizure or sale, and also towarrant and defend to any purchaser of the property such estate or interesttherein as is sold. If the officer has performed more than one levy for asingle plaintiff, the officer may permit the plaintiff to give a singleindemnifying bond for such levies, provided that any such bond shall be in apenalty amount not less than the aggregate sum of the penalty amounts of thebonds required had the levies been bonded individually.
Provided, however, that when the property claimed to be liable by virtue ofthe process aforesaid is in the possession of any of the parties against whomsuch process was issued but is claimed by any other person or is claimed tobelong to any other person, the officer having such process in his hands tobe executed shall proceed to execute the same notwithstanding such claimunless the claimant of the property or someone for him shall give asuspending bond as provided by § 8.01-370 and shall within 30 days after suchbond is given proceed to have the title to the property settled in accordancewith the provisions of this chapter. And in case such claimant or someone forhim fails to give such suspending bond, or having given such bond fails tohave such proceedings instituted to settle the title thereto, the claimantshall be barred from asserting such claim to the property and the officershall proceed to execute the process, and the officer who executes suchprocess shall not be liable to any such claimant for any damages resultingfrom the proper execution of such process as is required by this section. Ifan indemnifying bond is not given within a reasonable time after such notice,the officer may refuse to levy on such property, or may restore it to theperson from whose possession it was taken. If such bond is given, the officershall proceed to levy (i) if he has not already done so, or (ii) if necessaryto restore a levy previously released.
(Code 1950, § 8-229; 1968, c. 490; 1972, c. 327; 1977, c. 617; 2005, c. 690.)
If any officer levies or is required to levy a fieri facias, an attachment,or a warrant of distress on property, and the officer doubts whether suchproperty is liable to such levy, he may give the plaintiff, his agent orattorney-at-law, notice that an indemnifying bond is required in the case;bond may thereupon be given by any person, with good security, payable to theofficer in a penalty equal to the value of the property in the case of afieri facias or a warrant of distress on property and equal to double thevalue of the property in case of an attachment, with condition to indemnifyhim against all damage which he may sustain in consequence of the seizure orsale of such property and to pay to any claimant of such property all damagewhich he may sustain in consequence of such seizure or sale, and also towarrant and defend to any purchaser of the property such estate or interesttherein as is sold. If the officer has performed more than one levy for asingle plaintiff, the officer may permit the plaintiff to give a singleindemnifying bond for such levies, provided that any such bond shall be in apenalty amount not less than the aggregate sum of the penalty amounts of thebonds required had the levies been bonded individually.
Provided, however, that when the property claimed to be liable by virtue ofthe process aforesaid is in the possession of any of the parties against whomsuch process was issued but is claimed by any other person or is claimed tobelong to any other person, the officer having such process in his hands tobe executed shall proceed to execute the same notwithstanding such claimunless the claimant of the property or someone for him shall give asuspending bond as provided by § 8.01-370 and shall within 30 days after suchbond is given proceed to have the title to the property settled in accordancewith the provisions of this chapter. And in case such claimant or someone forhim fails to give such suspending bond, or having given such bond fails tohave such proceedings instituted to settle the title thereto, the claimantshall be barred from asserting such claim to the property and the officershall proceed to execute the process, and the officer who executes suchprocess shall not be liable to any such claimant for any damages resultingfrom the proper execution of such process as is required by this section. Ifan indemnifying bond is not given within a reasonable time after such notice,the officer may refuse to levy on such property, or may restore it to theperson from whose possession it was taken. If such bond is given, the officershall proceed to levy (i) if he has not already done so, or (ii) if necessaryto restore a levy previously released.
(Code 1950, § 8-229; 1968, c. 490; 1972, c. 327; 1977, c. 617; 2005, c. 690.)
If any officer levies or is required to levy a fieri facias, an attachment,or a warrant of distress on property, and the officer doubts whether suchproperty is liable to such levy, he may give the plaintiff, his agent orattorney-at-law, notice that an indemnifying bond is required in the case;bond may thereupon be given by any person, with good security, payable to theofficer in a penalty equal to the value of the property in the case of afieri facias or a warrant of distress on property and equal to double thevalue of the property in case of an attachment, with condition to indemnifyhim against all damage which he may sustain in consequence of the seizure orsale of such property and to pay to any claimant of such property all damagewhich he may sustain in consequence of such seizure or sale, and also towarrant and defend to any purchaser of the property such estate or interesttherein as is sold. If the officer has performed more than one levy for asingle plaintiff, the officer may permit the plaintiff to give a singleindemnifying bond for such levies, provided that any such bond shall be in apenalty amount not less than the aggregate sum of the penalty amounts of thebonds required had the levies been bonded individually.
Provided, however, that when the property claimed to be liable by virtue ofthe process aforesaid is in the possession of any of the parties against whomsuch process was issued but is claimed by any other person or is claimed tobelong to any other person, the officer having such process in his hands tobe executed shall proceed to execute the same notwithstanding such claimunless the claimant of the property or someone for him shall give asuspending bond as provided by § 8.01-370 and shall within 30 days after suchbond is given proceed to have the title to the property settled in accordancewith the provisions of this chapter. And in case such claimant or someone forhim fails to give such suspending bond, or having given such bond fails tohave such proceedings instituted to settle the title thereto, the claimantshall be barred from asserting such claim to the property and the officershall proceed to execute the process, and the officer who executes suchprocess shall not be liable to any such claimant for any damages resultingfrom the proper execution of such process as is required by this section. Ifan indemnifying bond is not given within a reasonable time after such notice,the officer may refuse to levy on such property, or may restore it to theperson from whose possession it was taken. If such bond is given, the officershall proceed to levy (i) if he has not already done so, or (ii) if necessaryto restore a levy previously released.
(Code 1950, § 8-229; 1968, c. 490; 1972, c. 327; 1977, c. 617; 2005, c. 690.)
