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§ 8.01-561.How property to be kept; how sold, when expensive to keep or perishable.

Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026

In one sentenceProperty seized under attachment and not yet sold before judgment must be kept the same way execution property is kept, except that property expensive to maintain or subject to spoiling may be sold beforehand on court-ordered terms, including a credit sale secured by a bond payable to the sheriff.

Full Text of § 8.01-561

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Any property seized under any attachment and not sold before judgment shall be kept in the same manner as similar property taken under execution. But such as is expensive to keep or perishable may be sold by order of the court upon such terms as the court may direct. If the court directs that the sale may be made on credit, the court may order the sheriff to take a bond with sufficient surety, payable to the sheriff, for the benefit of the party entitled. Such bond shall be returned forthwith by the officer to the court.

Plain-English Summary

Once property is in the sheriff’s custody under an attachment, it has to sit somewhere while the case runs its course — and this section ties that custody to a familiar standard, the same way property taken under an ordinary execution is kept. That default works fine for most seized property, but not for everything.

Some property does not wait well. Livestock needs feeding, produce spoils, storage costs pile up on bulky goods. For anything expensive to keep or perishable, the court can order a sale before judgment, on whatever terms the court sets. If the court allows that sale on credit rather than cash, it can direct the sheriff to secure the deal with a bond, backed by sufficient surety, payable to the sheriff for the benefit of whichever party turns out to be entitled to the proceeds. That bond does not sit around either — the officer must return it to the court right away.

Frequently Asked Questions

How must seized property be kept before judgment if it is not sold?

It must be kept the same way similar property taken under execution is kept.

Can seized property ever be sold before judgment is entered?

Yes, if it is expensive to keep or perishable, the court may order it sold on terms the court directs.

Can the court allow a pre-judgment sale on credit?

Yes, and if it does, the court may order the sheriff to take a bond with sufficient surety, payable to the sheriff, for the benefit of the party entitled.

What must happen to a bond taken for a credit sale?

The officer must return the bond to the court forthwith.

What kinds of property does this pre-judgment sale rule target?

Property that is expensive to maintain in custody or that is perishable, where waiting until judgment would risk losing its value.

Amendment History

Code 1950, § 8-549; 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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