In such case as is mentioned in § 8.01-371 and whether a forthcoming bond is given or not, if the property be expensive to keep or perishable, the court in which proceedings in the case under § 8.01-365 are pending or may be had, may, before a decision of the rights of the parties under such proceedings, on the application of such claimant or of the surety in such suspending or forthcoming bond, after reasonable notice of the intended application has been given by such claimant or the surety to the other parties in the case, order a sale of the property, or any part thereof, on such terms as the court may deem advisable. The court shall apply the proceeds according to the rights of the parties when determined.
§ 8.01-372.Sale despite bond when property perishable, etc.
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 1977 · Last verified July 16, 2026
In one sentenceLets the court order an early sale of levied property that is perishable or costly to maintain, even when a forthcoming bond has been posted, so long as the claimant or the bond’s surety asks for it and gives reasonable notice, with the proceeds held until the parties’ rights are finally decided.
Full Text of § 8.01-372
Plain-English Summary
Some property cannot wait out a legal dispute, and this section recognizes that reality. Whether or not a forthcoming bond has been posted under § 8.01-371, if the property is perishable or expensive to keep, the court handling the underlying § 8.01-365 proceeding can order an early sale, on the application of the claimant or the bond’s surety, before the ownership question gets decided.
The court does not act without warning to the other side — reasonable notice of the planned application has to go to the other parties first. Once the sale happens, the proceeds sit with the court, which applies them according to whatever rights the parties end up having once the underlying dispute is resolved.
Frequently Asked Questions
When can perishable levied property be sold before the ownership dispute is resolved?
When the property is expensive to keep or perishable, on application of the claimant or the surety in the suspending or forthcoming bond.
Does having a forthcoming bond in place prevent an early sale under this section?
No. This section applies whether a forthcoming bond is given or not.
What notice is required before the court orders such a sale?
Reasonable notice of the intended application, given by the claimant or the surety to the other parties in the case.
What happens to the proceeds of the sale?
The court applies the proceeds according to the rights of the parties when those rights are determined.
Which court has authority to order this sale?
The court in which proceedings in the case under § 8.01-365 are pending or may be had.
Amendment History
Code 1950, § 8-234; 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: virginia perishable property sale despite bondearly sale levied property virginia