The sheriff or other officer levying a writ of fieri facias, or distress warrant, may take from the debtor a bond, with sufficient surety, payable to the creditor, reciting the service of such writ or warrant, and the amount due thereon, including the officer's fee for taking the bond, commissions, and other lawful charges, if any, with condition that the property shall be forthcoming at the day and place of sale; whereupon, such property may be permitted to remain in the possession and at the risk of the debtor.
§ 8.01-526.When forthcoming bond taken; property remains in debtor's possession.
Chapter 19. Forthcoming Bonds · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen a sheriff levies a writ of fieri facias or a distress warrant, the debtor can post a bonded surety promising to produce the property at the time and place of sale, letting him keep possession of, and bear the risk on, the property instead of having it taken before the sale.
Full Text of § 8.01-526
Plain-English Summary
A forthcoming bond is a Virginia-specific tool that softens the blow of a levy. When a sheriff or other officer levies a writ of fieri facias, the standard device for seizing property to satisfy a judgment, or a distress warrant for unpaid rent, the debtor does not have to surrender the property on the spot. He can instead post a bond, with an approved surety, payable to the creditor.
The bond has to recite the writ or warrant that was served and the amount due under it, including the officer’s fee, commissions, and any other lawful charges, and it must promise that the property will be produced, or “forthcoming,” at the time and place set for the sale.
Once that bond is posted, the officer leaves the property with the debtor, who keeps possession and bears the risk of loss or damage until the sale date. For a debtor who needs to keep using equipment, inventory, or other property a little longer, the bond buys time without erasing the underlying obligation to produce it later.
Frequently Asked Questions
What triggers the option to post a forthcoming bond?
A sheriff or other officer levying a writ of fieri facias, or a distress warrant.
Who must the bond be payable to?
The creditor.
What must the bond recite?
Service of the writ or warrant and the amount due thereon, including the officer’s fee for taking the bond, commissions, and other lawful charges, if any.
What condition must the bond satisfy?
That the property shall be forthcoming at the day and place of sale.
What happens to the property once the bond is posted?
It may remain in the debtor’s possession, at his risk, instead of being taken by the officer.
Amendment History
Code 1950, § 8-450; 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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