If the principal defendant has not appeared or been served with a copy of the attachment ten days before the judgment therein mentioned, the plaintiff shall not have the benefit of § 8.01-570 unless and until he shall have given bond with sufficient surety in such penalty as the court shall approve, with condition to perform such future order as may be made upon the appearance of such defendant and his making defense. If the plaintiff fail to give such bond in a reasonable time, the court shall dispose of the estate attached, or the proceeds thereof, as to it shall seem just.
§ 8.01-571.When defendant not served fails to appear plaintiff required to give bond.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf the principal defendant has not appeared or been served at least ten days before judgment, the plaintiff cannot use § 8.01-570’s judgment-and-sale procedure unless the plaintiff posts a bond guaranteeing to comply with whatever future order results if the defendant later appears and defends, and if the plaintiff fails to give that bond promptly, the court disposes of the attached estate as it sees fit.
Full Text of § 8.01-571
Plain-English Summary
Judgment against an absent, unserved defendant carries real risk of unfairness, and this section makes plaintiffs pay for that risk with a bond of their own before they can cash in on § 8.01-570’s procedure. If the principal defendant has not appeared, or was not served with a copy of the attachment at least ten days before the judgment, the plaintiff cannot get the benefit of a judgment ordering the sale of attached property unless a bond is posted first — one with sufficient surety, in a penalty the court approves, conditioned on performing whatever future order the court might make if the defendant eventually shows up and mounts a defense.
That bond is not optional if the plaintiff wants to move forward on the attached estate. If the plaintiff fails to give it within a reasonable time, the court does not wait indefinitely — it disposes of the attached estate, or its proceeds, in whatever way seems just under the circumstances.
Frequently Asked Questions
When must a plaintiff give a bond before benefiting from § 8.01-570?
When the principal defendant has not appeared or been served with a copy of the attachment at least ten days before the judgment.
What must the bond be conditioned on?
Performing such future order as may be made upon the appearance of the defendant and the defendant’s making a defense.
Who sets the penalty amount and approves the surety on this bond?
The court.
What happens if the plaintiff does not give the bond within a reasonable time?
The court disposes of the estate attached, or its proceeds, as seems just to the court.
Why does the law require this bond before an unserved defendant’s property can be sold?
It protects a defendant who has not yet had notice or a chance to defend, ensuring the plaintiff can be held to a later court order if that defendant eventually appears.
Amendment History
Code 1950, § 8-542; 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
Also known as: plaintiff bond unserved defendant attachment virginiaattachment judgment defendant not served virginiaten days notice attachment judgment virginia