The obligors in such forfeited bond shall be liable for the money therein mentioned, with interest thereon from the date of the bond till paid, and the costs. The obligee or his personal representative shall be entitled to recover the same by action or motion.
§ 8.01-528.Liability of obligors; how recovery on bond is had.
Chapter 19. Forthcoming Bonds · Last amended 1977 · Last verified July 16, 2026
In one sentenceOnce a forthcoming bond is forfeited, the obligors owe the bonded amount plus interest from the date of the bond and costs, and the obligee or his personal representative can recover that debt by filing an action or a motion, without starting a fresh lawsuit from scratch.
Full Text of § 8.01-528
Plain-English Summary
Once a forthcoming bond is forfeited and returned under § 8.01-527, this section spells out what the obligors owe and how the creditor collects it. They are on the hook for the amount stated in the bond, plus interest running from the date the bond was signed until it is paid, plus costs, the full package a defaulting debtor and his surety must cover.
Recovery does not require a whole new lawsuit. The obligee, or, if he has died, his personal representative, can pursue the obligors by action or by motion, giving the creditor a quicker path to a collectible judgment than an ordinary breach-of-contract suit would offer.
Because the forfeited bond already carries the force of a judgment under § 8.01-527, this section functions as the follow-through: it fixes the amount of liability and confirms the procedural shortcuts available once that judgment-like status attaches.
Frequently Asked Questions
What are the obligors on a forfeited bond liable for?
The money mentioned in the bond, interest on it from the date of the bond until paid, and the costs.
Who can pursue recovery on the bond?
The obligee or his personal representative.
What procedures does the obligee have available to recover?
An action or a motion.
From when does interest run on the amount owed?
From the date of the bond until it is paid.
Does this section apply before or after the bond is forfeited?
After forfeiture; it addresses liability once the bond has been forfeited.
Amendment History
Code 1950, § 8-452; 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: forthcoming bond obligor liability virginiarecover on forfeited bond virginiaforthcoming bond interest and costsaction or motion forthcoming bond