In any case of goods and chattels which an officer shall distrain or levy on, otherwise than under an attachment, or which he may be directed to sell by an order of a court, unless such order prescribe a different course, the officer shall fix upon a time and place for the sale thereof and post notice of the same at least ten days before the day of sale at some place near the residence of the owner if he reside in the county or city and at two or more public places in the officer's county or city. If the goods and chattels be expensive to keep or perishable, the court from whose clerk's office the writ of fieri facias or the distress warrant was issued under which the seizure is made, or if the distress warrant was issued by a clerk, the court of which he is a clerk, may order a sale of the property seized under fieri facias or distress warrant to be made upon such notice less than ten days as to such court may seem proper. At the time and place so appointed, such officer shall sell to the highest bidder, for cash, such goods and chattels, or so much thereof as may be necessary.
§ 8.01-492.Sale of property.
Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceFor goods and chattels an officer distrains or levies on outside of an attachment, the officer must set a time and place for sale, post notice at least ten days beforehand near the owner’s residence and at two or more public places, and then sell to the highest cash bidder.
Full Text of § 8.01-492
Plain-English Summary
Section 8.01-492 lays out the basic mechanics for turning seized goods into cash. Once an officer distrains or levies on goods and chattels outside the attachment process — or is otherwise directed by court order to sell property — the officer must first fix a specific time and place for the sale.
Notice comes next, and it has to reach the public, not just the debtor. The officer posts notice of the sale at least ten days beforehand, placing it near the owner’s residence if the owner lives in the county or city, and at two or more public places within that locality. That advance notice gives potential bidders a chance to show up and gives the debtor time to redeem the property or otherwise respond before the sale happens.
Perishable goods, or property that is expensive to store while waiting out the full ten days, get an exception. The court connected to the clerk’s office that issued the writ of fieri facias or the distress warrant may authorize a shorter notice period when it seems appropriate. Whatever the notice period, the sale itself proceeds the same way: the officer sells to the highest bidder, for cash, as much of the goods and chattels as is necessary to satisfy the debt.
Frequently Asked Questions
How much advance notice must an officer give before selling seized goods and chattels?
At least ten days before the day of sale, posted near the owner’s residence if the owner lives in the county or city, and at two or more public places in that county or city.
Can the ten-day notice period be shortened?
Yes, for goods and chattels that are expensive to keep or perishable, the appropriate court may order a sale on shorter notice as it sees proper.
Which court can authorize the shortened notice?
The court from whose clerk’s office the writ of fieri facias or distress warrant was issued, or, if a clerk issued the distress warrant, the court of which that clerk is a part.
How must the officer sell the property?
To the highest bidder, for cash, selling as much of the goods and chattels as may be necessary.
Does this section apply to property seized under an attachment?
No, it applies to goods and chattels an officer distrains or levies on otherwise than under an attachment, or as directed by a court order.
Amendment History
Code 1950, § 8-422.1; 1962, c. 10; 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 execution sale notice requirements10 day notice sheriff sale virginiaperishable goods execution sale virginia8.01-492 virginia code