Chapter 12. Interpleader; Claims of Third Parties to Property Distrained or Levied On, · Article 2. Claims of Third Parties to Property Distrained or Levied On · Last amended 2012 · Last verified July 16, 2026
In one sentenceLets a levying officer who doubts whether seized property truly belongs to the debtor demand an indemnifying bond from the judgment creditor, covering damage from the seizure and any claimant’s loss, before proceeding, while excusing the Commonwealth from ever having to post such a bond.
A.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 such property is liable to such levy, he may give the plaintiff, his agent or attorney-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 the officer in a penalty equal to the value of the property in the case of a fieri facias or a warrant of distress on property and equal to double the value of the property in case of an attachment, with condition to indemnify him against all damage which he may sustain in consequence of the seizure or sale of such property and to pay to any claimant of such property all damage which he may sustain in consequence of such seizure or sale, and also to warrant and defend to any purchaser of the property such estate or interest therein as is sold. If the officer has
performed more than one levy for a single plaintiff, the officer may permit the plaintiff to give a single indemnifying bond for such levies, provided that any such bond shall be in a penalty amount not less than the aggregate sum of the penalty amounts of the bonds required had the levies been bonded individually.
Provided, however, that when the property claimed to be liable by virtue of the process aforesaid is in the possession of any of the parties against whom such process was issued but is claimed by any other person or is claimed to belong to any other person, the officer having such process in his hands to be executed shall proceed to execute the same notwithstanding such claim unless the claimant of the property or someone for him shall give a suspending bond as provided by § 8.01-370 and shall within 30 days after such bond is given proceed to have the title to the property settled in accordance with the provisions of this chapter. And in case such claimant or someone for him fails to give such suspending bond, or having given such bond fails to have such proceedings instituted to settle the title thereto, the claimant shall be barred from asserting such claim to the property and the officer shall proceed to execute the process, and the officer who executes such process shall not be liable to any such claimant for any damages resulting from the proper execution of such process as is required by this section. If an 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 the person from whose possession it was taken. If such bond is given, the officer shall proceed to levy (i) if he has not already done so, or (ii) if necessary to restore a levy previously released.
B.The Commonwealth shall not be required to give an indemnifying bond under the provisions of this section.
Plain-English Summary
A levying officer who is not sure whether property belongs to the debtor does not have to guess. This section lets that officer notify the judgment creditor that an indemnifying bond is required before the levy proceeds, with the bond payable to the officer in an amount equal to the property’s value for a fieri facias or distress warrant, or double that value for an attachment, covering damage from the seizure or sale and any loss suffered by a claimant.
Officers running multiple levies for the same creditor do not need a separate bond for each one — a single indemnifying bond can cover them all, as long as its penalty is at least as large as what the individual bonds would have added up to. And if the property is in the debtor’s possession but claimed by someone else, the officer can proceed with the levy unless that claimant posts a suspending bond and moves within thirty days to have the title question settled; failing to do so bars the claim entirely.
If the indemnifying bond never materializes within a reasonable time after notice, the officer can refuse to levy, or can hand the property back to whoever had it. One party gets a permanent pass from all of this: the Commonwealth never has to post an indemnifying bond under this section.
Frequently Asked Questions
Why would an officer request an indemnifying bond before levying on property?
Because the officer doubts whether the property is liable to the levy, and the bond protects the officer against damage from the seizure or sale.
How large must the indemnifying bond be?
A penalty equal to the value of the property for a fieri facias or a warrant of distress, or equal to double the value of the property for an attachment.
Can one indemnifying bond cover several levies for the same plaintiff?
Yes. If the officer performed more than one levy for a single plaintiff, a single bond can cover them, provided its penalty is not less than the aggregate of the penalties the individual bonds would have required.
What happens if the indemnifying bond is not given within a reasonable time?
The officer may refuse to levy on the property, or may restore it to the person from whose possession it was taken.
Does the Commonwealth have to post an indemnifying bond under this section?
No. The Commonwealth is not required to give an indemnifying bond under this section.
Amendment History
Code 1950, § 8-229; 1968, c. 490; 1972, c. 327; 1977, c. 617; 2005, c. 690; 2012, c. 206.
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
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