Any property levied on or seized as aforesaid, under any attachment, may be retained by or returned to the defendant or other person in whose possession it was on his giving bond, with condition to have the same forthcoming at such time and place as the court may require. In the alternative, the principal defendant may, by giving bond with condition to perform the judgment of the court, release from any attachment the whole of any estate attached. The bond in either case shall be taken by the officer serving the attachment, with surety, payable to the plaintiff, and in a penalty in the latter case either double the amount or value for which the attachment issued or double the value of the property on which the attachment was levied, at the option of the person giving it, and in the former, either double the amount of value for which the attachment issued or double the value of the property retained or returned, at the option of the person giving it. However, in the event the court shall consider that the amount of any bond required by this section or § 8.01-551 is excessive or inadequate, such court may, upon motion of any party in interest after reasonable notice to the opposite party if he can be found in the jurisdiction of the court or to his attorney of record, if any, fix the amount of such bond to conform to the equities of the case.
§ 8.01-553.Bonds for retention of property or release of attachment; revising bonds mentioned in this and § 8.01-551.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1984 · Last verified July 16, 2026
In one sentenceA defendant whose property has been levied on may get it back — or keep possession of it — by posting a forthcoming bond, or may release the entire attachment by posting a performance bond, with the penalty amount pegged to double the claim or double the property’s value at the defendant’s choice, and the court may adjust the bond amount if it proves excessive or inadequate.
Full Text of § 8.01-553
Plain-English Summary
Losing access to seized property while a lawsuit plays out can crush a business or a family’s finances, so the law gives defendants two bond-based ways back into possession. Under the first, whoever had the property when it was seized — the defendant or someone else — can get it back, or keep what has not yet been taken, by posting a bond promising to produce it later if the court orders. Under the second, the principal defendant can go further and release the entire attachment, not just specific property, by posting a bond conditioned on performing whatever judgment the court eventually enters.
Either bond is taken by the officer serving the attachment, runs to the plaintiff, and carries a penalty pegged to double the stakes — double the amount or value the attachment covers for a full release, or double the value of the specific property retained or returned for a partial one. The person posting the bond gets to choose which of those two valuation methods to use. And because a one-size formula does not always fit the equities of a case, the court can step in on motion, after notice to the other side, and reset the bond amount if it looks too high or too low.
Frequently Asked Questions
How can a defendant get seized property back or keep it while the case is pending?
By giving a bond, with condition to have the property forthcoming at whatever time and place the court requires.
Can a defendant release the entire attachment rather than just get specific property back?
Yes. The principal defendant may give a bond conditioned on performing the court’s judgment, which releases the whole of the attached estate.
How large is the penalty on these bonds?
For a full release, double the amount or value for which the attachment issued, or double the value of the property levied on, whichever the person giving the bond chooses. For retaining or returning specific property, double the amount for which the attachment issued or double the value of the property retained or returned, again at the giver’s choice.
Who takes the bond and to whom is it payable?
The officer serving the attachment takes the bond, with surety, and it is payable to the plaintiff.
What if the required bond amount seems too high or too low?
The court may, on motion of an interested party after reasonable notice to the opposing party or counsel, fix the bond amount to conform to the equities of the case.
Amendment History
Code 1950, § 8-540; 1977, c. 617; 1984, c. 646.
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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