RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-532.How bond withdrawn from clerk's office.

Chapter 19. Forthcoming Bonds · Last amended 1977 · Last verified July 16, 2026

In one sentenceAfter the clerk has recorded a returned forthcoming bond under § 8.01-529, the obligee or his agent can take the original bond back from the clerk’s office at any time, as long as he leaves behind a copy the clerk has attested.

Full Text of § 8.01-532

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The obligee in a forthcoming bond, or his agent, may, at any time after the record of such bond is made by the clerk, required by § 8.01-529, withdraw the same from the clerk's office, leaving a copy thereof attested by the clerk.

Plain-English Summary

After a forfeited forthcoming bond is recorded under § 8.01-529, the physical document does not have to stay in the clerk’s office forever. The obligee, or his agent, can withdraw the original bond at any time once the clerk’s record has been made.

The catch is that withdrawal cannot erase the public record: whoever takes the bond back must leave behind a copy attested by the clerk, so the recorded lien and the underlying obligation remain documented and verifiable even after the original paper leaves the courthouse.

This lets an obligee who needs the original bond, to pursue collection elsewhere, for instance, retrieve it without undoing the lien’s effect on the obligor’s real estate.

Frequently Asked Questions

Who is allowed to withdraw the bond from the clerk’s office?

The obligee, or his agent.

When can the bond be withdrawn?

At any time after the record of such bond is made by the clerk as required by § 8.01-529.

What must be left behind when the bond is withdrawn?

A copy of the bond attested by the clerk.

Does withdrawing the original bond undo the recorded lien?

The section addresses withdrawal of the physical bond and requires an attested copy to remain on file; it does not describe releasing the lien.

What section requires the clerk to record the bond in the first place?

Section 8.01-529.

Amendment History

Code 1950, § 8-459; 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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