If any forthcoming bond be at any time quashed, the obligee, besides his remedy against the officer, may have such execution on his judgment, or issue such distress warrant, as would have been lawful if such bond had not been taken.
§ 8.01-530.Remedy of creditor if bond quashed.
Chapter 19. Forthcoming Bonds · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf a court quashes a forthcoming bond, the creditor does not lose his remedy; beyond any claim against the officer, he can still obtain an execution on his judgment or issue a distress warrant, exactly as if the bond had never been taken.
Full Text of § 8.01-530
Plain-English Summary
Bonds can be challenged and thrown out, or “quashed,” for defects in how they were taken or drafted. This section makes sure that does not leave the creditor empty-handed. If a forthcoming bond is quashed, the creditor keeps whatever claim he has against the officer who took a defective bond, but he is not limited to that.
He can also go back to the remedies he would have had if no bond had ever been taken: getting an execution issued on his judgment, or, in a landlord’s case, issuing a distress warrant. The quashed bond, in other words, resets the clock rather than costing the creditor his underlying remedy.
This protects creditors from a debtor’s strategy of posting a technically defective bond just to buy time; even if that maneuver works and the bond gets thrown out, the creditor is no worse off than if the bond had never existed.
Frequently Asked Questions
What happens to the creditor’s rights if the bond is quashed?
He may still have such execution on his judgment, or issue such distress warrant, as would have been lawful had the bond not been taken.
Does quashing the bond eliminate the officer’s potential liability?
No. The obligee retains his remedy against the officer besides these options.
What word does the statute use for invalidating the bond?
“Quashed.”
Can the creditor pursue a distress warrant after the bond is quashed?
Yes, if that would have been lawful had the bond not been taken.
Does this section require the creditor to start an entirely new lawsuit?
No. It lets him resume the execution or distress warrant that the bond had interrupted.
Amendment History
Code 1950, § 8-454; 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 quashed virginiacreditor remedy quashed bond virginiadistress warrant after bond quashedexecution after forthcoming bond quashed