When it appears by the return on an execution that property taken to satisfy it remains unsold, a writ of venditioni exponas may issue, whereupon the like proceedings shall be had as might have been had on the first execution; except, that if it issue upon a return of no sale for want of bidders, or of a sufficient bid, the advertisement shall state the fact, and that the sale will be made peremptorily.
§ 8.01-485.When venditioni exponas may issue; proceedings thereon.
Chapter 18. Executions and Other Means of Recovery · Article 3. Return and Venditioni Exponas · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf an execution’s return shows that property taken to satisfy it still sits unsold, a writ of venditioni exponas can issue to force the sale through, following the same procedures as the original execution, except that a sale following a no-bid return must be advertised as peremptory.
Full Text of § 8.01-485
Plain-English Summary
Sometimes property gets levied on but never sells — the officer runs out of time, or nobody shows up to bid. Section 8.01-485 supplies the follow-up tool: a writ of venditioni exponas, which picks up exactly where the first execution left off and directs the sale of property already seized but not yet sold.
The proceedings on this second writ mirror the first execution in almost every respect. The one difference arises when the earlier return showed no sale for want of bidders, or because no bid was high enough to accept. In that situation, the new advertisement for sale must say so plainly and must announce that this time, the sale will happen peremptorily — meaning it will go forward regardless of how low the bidding turns out, rather than risking a second failed sale.
Frequently Asked Questions
When may a writ of venditioni exponas issue?
When it appears by the return on an execution that property taken to satisfy it remains unsold.
What procedures apply once the venditioni exponas issues?
The like proceedings shall be had as might have been had on the first execution.
What is different if the earlier return showed no sale for want of bidders?
The advertisement must state that fact and announce that the sale will be made peremptorily.
What does a peremptory sale mean under this section?
It means the sale proceeds outright this time, in response to the earlier failure to find bidders or a sufficient bid.
Does this writ require a new levy on different property?
No, it addresses property already taken under the original execution that remains unsold, rather than new property.
Amendment History
Code 1950, § 8-418; 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: venditioni exponas virginia meaningunsold property under execution virginiaperemptory sale writ virginia8.01-485 virginia code