No bond for the forthcoming of property shall be taken:
§ 8.01-531.In what cases forthcoming bond not to be taken.
Chapter 19. Forthcoming Bonds · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe law bars forthcoming bonds in three situations: on an execution stemming from an already-forfeited forthcoming bond, on judgments tied to public officers or their sureties defaulting in office, and on any execution the clerk is required to mark “no security is to be taken.”
Full Text of § 8.01-531
1. On an execution on a forthcoming bond;
2. On an execution on a judgment against (i) a treasurer, sheriff, or a deputy of either of them, or a surety or personal representative of either such officer or deputy, for money received by any such officer or deputy, by virtue of his office, (ii) any such officer or his personal representative, in favor of a surety of such officer for money paid or a judgment rendered for a default in office, or (iii) a deputy of any such officer, or his surety or personal representative, in favor of his principal or the personal representative of such principal, for money paid or a judgment rendered for a default in office; or
3. On any other execution on which the clerk is required by law or by order of court to endorse that "no security is to be taken."
Plain-English Summary
Forthcoming bonds are a convenience for debtors, but the law limits when they are available. First, a debtor cannot use a forthcoming bond to delay an execution that already arose from an earlier forfeited forthcoming bond; that would let debtors bond their way out of trouble indefinitely, layering one bond on top of another.
Second, the bond is not available on judgments tied to certain public-office defaults: executions against a treasurer, sheriff, or their deputy, or the surety or personal representative of either, for money received by virtue of the office; judgments in favor of a surety against the officer for money the surety paid or a judgment entered against the surety for the officer’s default; or judgments in favor of a principal against his deputy, or the deputy’s surety or personal representative, for the same kind of default. Virginia treats these situations as too tied to public trust to let the obligor stall with a bond.
Third, no forthcoming bond is available on any execution the clerk is required, by law or court order, to endorse “no security is to be taken,” a direct instruction that overrides the general availability of the bond.
Frequently Asked Questions
Can a debtor post a forthcoming bond to avoid an execution that itself arose from a forfeited forthcoming bond?
No, that is the first prohibited category: no bond may be taken on an execution on a forthcoming bond.
Are judgments against sheriffs or treasurers for office-related defaults eligible for forthcoming bonds?
No. Executions on judgments against such officers, their deputies, or their sureties or personal representatives for money received or defaults in office are excluded.
What third category bars a forthcoming bond?
Any other execution on which the clerk is required by law or by order of court to endorse that “no security is to be taken.”
Does this section list an exhaustive set of exclusions or just examples?
It is framed as a list of specific cases where no bond “shall be taken,” reading as exhaustive rather than illustrative.
Why would a judgment against a deputy in favor of his principal be excluded?
It falls under the second category, covering claims for money paid or judgments rendered for a default in office.
Amendment History
Code 1950, § 8-455; 1954, c. 333; 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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