Whenever a special commissioner, a receiver, purchaser at a judicial sale, or his personal representative, or any of them, can be proceeded against by rule for the recovery of money under §§ 8.01-105, 8.01-106 and 8.01-107, the surety of such commissioner, receiver, or purchaser, and the personal representatives of such sureties, may also be proceeded against under such sections.
§ 8.01-108.When sureties of commissioner, purchaser, etc., proceeded against by rule.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-108 extends the rule procedure in Sections 8.01-105 through 8.01-107 to the sureties of a special commissioner, receiver, or purchaser and to the personal representatives of those sureties, whenever the principal could be proceeded against by rule.
Full Text of § 8.01-108
Plain-English Summary
Section 8.01-108 closes a potential gap in the rule procedure by naming the sureties directly. Whenever a special commissioner, receiver, purchaser at a judicial sale, or that person’s personal representative can be proceeded against by rule under Sections 8.01-105, 8.01-106, and 8.01-107 for recovery of money, the surety of that commissioner, receiver, or purchaser can also be proceeded against under those same sections.
The section reaches one step further still: the personal representatives of the sureties themselves may also be proceeded against, so a surety’s death does not put the surety’s estate beyond the court’s reach in a rule proceeding.
Frequently Asked Questions
Can a Virginia court proceed by rule against a surety, not just the commissioner or purchaser directly?
Yes. Section 8.01-108 says the surety of a special commissioner, receiver, or purchaser can be proceeded against under the same rule procedure as the principal.
What if the surety has died?
The personal representative of that surety may also be proceeded against under the rule procedure.
Which sections govern the rule procedure this section extends to sureties?
Sections 8.01-105, 8.01-106, and 8.01-107.
Does this section create a new type of claim, or extend an existing one?
It extends the existing rule procedure for recovering money from a commissioner, receiver, or purchaser to also reach their sureties and the sureties’ personal representatives.
Why does Virginia law let sureties be reached through the same rule rather than a separate lawsuit?
The surety’s liability is tied directly to the principal’s, so resolving both in the same summary rule proceeding avoids duplicate litigation over the same underlying debt.
Amendment History
Code 1950, § 8-667; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: surety liability rule virginia judicial sale8.01-108 virginia codeproceeding against surety commissioner virginiapersonal representative surety rule virginia