A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court which issued the execution. Such court, on the application of the plaintiff in the motion, may make an order staying the proceedings on the execution until the motion be heard and determined, the order not to be effectual until bond be given in such penalty and with such condition, and either with or without surety, as the court may prescribe. The clerk from whose office the execution issued, shall take the bond and make as many copies of the order as may be necessary and endorse thereon that the bond required has been given; and a copy shall be served on the plaintiff in the execution and on the officer in whose hands the execution is placed.
§ 8.01-477.When executions may be quashed; how proceedings thereon stayed.
Chapter 18. Executions and Other Means of Recovery · Article 1. Issue and Form; Motion to Quash · Last amended 1977 · Last verified July 16, 2026
In one sentenceA judgment debtor may move to quash an execution before the court that issued it, after giving reasonable notice to the creditor, and that same court may stay enforcement of the execution while the motion is pending, but only once the debtor posts a bond in the amount and form the court sets.
Full Text of § 8.01-477
Plain-English Summary
Not every execution is valid, and Section 8.01-477 gives a debtor a way to challenge one without ignoring it and risking contempt or a completed sale. The motion to quash goes to the court that issued the execution, and the debtor must give the creditor reasonable notice before the court hears and decides it.
Filing the motion alone does not stop the sheriff from proceeding — the debtor also needs a stay. The court can order the proceedings on the execution paused until the motion is resolved, but that stay only takes effect once the debtor posts a bond, in whatever penalty amount, conditions, and surety requirements the court sets. The clerk from whose office the execution issued takes the bond, prepares the necessary copies of the stay order, and endorses each copy to confirm the bond has been given. Copies then go to both the creditor named in the execution and the officer holding it, so everyone involved knows enforcement is on hold.
Frequently Asked Questions
Who hears a motion to quash an execution?
The court which issued the execution hears and decides the motion, after reasonable notice to the adverse party.
Does filing a motion to quash automatically stop the execution?
No. The court must separately order a stay of proceedings, and that order is not effectual until the required bond is given.
What must the debtor do to get the stay to take effect?
The debtor must give bond in the penalty and with the conditions, and with or without surety, as the court prescribes.
Who takes the bond and prepares the stay order copies?
The clerk from whose office the execution issued takes the bond, makes the necessary copies of the order, and endorses on them that the required bond has been given.
Who receives copies of the stay order once the bond is given?
A copy is served on the plaintiff in the execution and on the officer in whose hands the execution has been placed.
Amendment History
Code 1950, § 8-410; 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
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