Every such bond shall be returned by the officer to and filed by the clerk of the court in which the attachment is pending, or to which the attachment is returnable, and the plaintiff may, within thirty days after the return thereof, file exceptions to the same, or to the sufficiency of the surety therein. If such exception be sustained, the court shall order the officer to file a good bond, with sufficient surety, to be approved by it, on or before a certain day to be fixed by the court. If he fail to do so, he and his sureties in his official bond shall be liable to the plaintiff as for a breach of such bond; but the officer shall have the same rights and remedies against the parties to any bonds so adjudged bad as if he were a surety for them.
§ 8.01-554.Where bond returned and filed; exceptions to bond.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1977 · Last verified July 16, 2026
In one sentenceAttachment bonds must be returned to and filed by the clerk of the court handling the case, and the plaintiff has thirty days after filing to challenge the bond or its surety, with the officer and the officer’s own sureties becoming liable if a replacement bond is not filed as ordered.
Full Text of § 8.01-554
Plain-English Summary
Posting a bond is only half the story — someone has to check it holds up, and this section builds in that check. Every bond taken under the attachment chapter goes back to the officer, who returns it to the clerk of the court where the attachment is pending or returnable, and the clerk files it. From there, the plaintiff has thirty days to object, either to the bond itself or to whether the surety backing it is good for the money.
If the plaintiff’s exception succeeds, the officer does not get to walk away — the court orders a replacement bond with sufficient surety, approved by the court, filed by a set deadline. Miss that deadline, and the consequences land on the officer personally: the officer and the sureties on the officer’s own official bond become liable to the plaintiff as if the original bond itself had been breached. The one consolation for the officer is a right of recourse — the same rights and remedies against the people who signed the bad bond that a surety would have.
Frequently Asked Questions
Where must an attachment bond be filed?
The officer returns it to the clerk of the court in which the attachment is pending or to which it is returnable, and the clerk files it there.
How long does the plaintiff have to challenge the bond?
Thirty days after the bond is returned, the plaintiff may file exceptions to the bond or to the sufficiency of its surety.
What happens if the plaintiff’s exception to the bond is sustained?
The court orders the officer to file a good bond with sufficient surety, approved by the court, by a date the court fixes.
What if the officer fails to file a replacement bond on time?
The officer and the sureties on the officer’s official bond become liable to the plaintiff as if the original bond had been breached.
Does the officer have any recourse if this happens?
Yes. The officer has the same rights and remedies against the parties to the bad bond as if the officer had been a surety for them.
Amendment History
Code 1950, § 8-541; 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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