§ 8.01-509.Order for sale and application of debtor's estate.
Chapter 18. Executions and Other Means of Recovery · Article 6. Interrogatories · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-509
Plain-English Summary
After the discovery, examination, and delivery machinery in §§ 8.01-506 and 8.01-507 turns up property and hands it over, someone has to decide what happens to it. Section 8.01-509 puts that decision in the judgment court’s hands.
Once the commissioner’s report comes back, the court has broad discretion — any order it deems right — for selling the conveyed and delivered estate and applying the results to the debt. The statute does not lock the court into one procedure; it leaves room to fit the order to whatever the property is, whether real estate, securities, or something less conventional.
In practice, courts often route the mechanics of an actual sale through § 8.01-510, which spells out how officers handle the sale and disposition once the court’s order authorizes it.
Frequently Asked Questions
What must happen before the court can enter an order under this section?
The commissioner must return a report on the estate conveyed and delivered under §§ 8.01-506 and 8.01-507.
How much discretion does the court have over the sale?
Broad discretion — the court may make any order it deems right as to the sale and proper application of the estate.
Does this section specify sale procedures?
No, it authorizes the court’s order; § 8.01-510 governs how the officer carries out the sale.
What happens to sale proceeds under this order?
The court directs their proper application toward satisfying the judgment.
Which court enters this order?
The court to which the commissioner returns the report.
Amendment History
Code 1950, § 8-439; 1977, c. 617.