§ 8.01-103.Special commissioner or other person appointed to do so to receive purchase money, etc.; liability of clerk for failure to give notice of appointment.

Section 8.01-103 sorts out who collects the money after a judicial sale or renting closes. Ordinarily, the special commissioner who conducted the sale also receives and collects the purchase money or rent. But the court can appoint someone else to do the collecting instead, and when it does, that person must give bond with surety in whatever penalty the court thinks fit.

Once the court makes that appointment, the clerk has to give the purchaser or lessee written notice of it, served the way other legal notices are served. Until the newly appointed collector gives the required bond, no payment may be made to that person. And if the purchaser pays the original commissioner before receiving notice of the new appointment, the original commissioner and that commissioner’s sureties bear responsibility for the money — the purchaser who paid before getting notice is not liable for it.

The section also holds the clerk to that notice duty directly. If a clerk fails to give the required notice, the clerk and the sureties on the clerk’s official bond become liable to anyone injured by the omission.