State Codes and Statutes

Statutes > Virginia > Title-8-01 > Chapter-12 > 8-01-371

§ 8.01-371. How forthcoming bond taken of claimant of property the salewhereof has been suspended.

The sheriff or other officer levying a writ of fieri facias or distresswarrant on property, the sale of which is suspended under this chapter at theinstance of a claimant thereof, may, if such claimant desires the property toremain in such possession as it was immediately before the levy, and if thecase be one in which a bond for the forthcoming of the property is notprohibited from being taken from the debtor by § 8.01-531, take from theclaimant a bond, with sufficient surety, in a penalty equal to double thevalue of the property, payable to the creditor, with such recital as isrequired in a forthcoming bond taken from the debtor, and with condition thatthe property shall be forthcoming at such day and place of sale as may bethereafter lawfully appointed. Such property may then be permitted to remain,at the risk of such claimant, in such possession as it was immediately beforethe levy; and §§ 8.01-527, 8.01-528, 8.01-530, 8.01-531 and 55-232 shallapply to such forthcoming bond in like manner as to a forthcoming bond takenfrom the debtor.

(Code 1950, § 8-233; 1977, c. 617.)

State Codes and Statutes

Statutes > Virginia > Title-8-01 > Chapter-12 > 8-01-371

§ 8.01-371. How forthcoming bond taken of claimant of property the salewhereof has been suspended.

The sheriff or other officer levying a writ of fieri facias or distresswarrant on property, the sale of which is suspended under this chapter at theinstance of a claimant thereof, may, if such claimant desires the property toremain in such possession as it was immediately before the levy, and if thecase be one in which a bond for the forthcoming of the property is notprohibited from being taken from the debtor by § 8.01-531, take from theclaimant a bond, with sufficient surety, in a penalty equal to double thevalue of the property, payable to the creditor, with such recital as isrequired in a forthcoming bond taken from the debtor, and with condition thatthe property shall be forthcoming at such day and place of sale as may bethereafter lawfully appointed. Such property may then be permitted to remain,at the risk of such claimant, in such possession as it was immediately beforethe levy; and §§ 8.01-527, 8.01-528, 8.01-530, 8.01-531 and 55-232 shallapply to such forthcoming bond in like manner as to a forthcoming bond takenfrom the debtor.

(Code 1950, § 8-233; 1977, c. 617.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-8-01 > Chapter-12 > 8-01-371

§ 8.01-371. How forthcoming bond taken of claimant of property the salewhereof has been suspended.

The sheriff or other officer levying a writ of fieri facias or distresswarrant on property, the sale of which is suspended under this chapter at theinstance of a claimant thereof, may, if such claimant desires the property toremain in such possession as it was immediately before the levy, and if thecase be one in which a bond for the forthcoming of the property is notprohibited from being taken from the debtor by § 8.01-531, take from theclaimant a bond, with sufficient surety, in a penalty equal to double thevalue of the property, payable to the creditor, with such recital as isrequired in a forthcoming bond taken from the debtor, and with condition thatthe property shall be forthcoming at such day and place of sale as may bethereafter lawfully appointed. Such property may then be permitted to remain,at the risk of such claimant, in such possession as it was immediately beforethe levy; and §§ 8.01-527, 8.01-528, 8.01-530, 8.01-531 and 55-232 shallapply to such forthcoming bond in like manner as to a forthcoming bond takenfrom the debtor.

(Code 1950, § 8-233; 1977, c. 617.)