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§ 8.01-632.How surety in forthcoming bond may obtain additional security.

Chapter 24. Injunctions · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-632 lets a surety on a forthcoming bond under § 8.01-630 or § 8.01-631, or that surety's personal representative, move for and obtain additional or other security, following the same procedure available to a defendant in an injunction.

Full Text of § 8.01-632

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Any surety in the forthcoming bond described in §§ 8.01-630 and 8.01-631, or his personal representative, may move for and obtain an order for other or additional security, in the same manner as the defendant in an injunction.

Plain-English Summary

A surety who backs a forthcoming bond takes on real exposure if the bond is ever called. This section gives that surety — or, if the surety has died, the surety’s personal representative — a way to protect that position by asking the court for other or additional security.

The procedure borrows directly from existing injunction practice: the surety moves for and obtains the order the same manner as the defendant in an injunction would. Rather than inventing a separate process, the statute plugs the surety into the toolkit the injunction defendant already has, letting the surety shore up its protection mid-case without creating a new bond obligation for the enjoined party itself.

Frequently Asked Questions

Who can invoke this section?

A surety in a forthcoming bond described in § 8.01-630 or § 8.01-631, or that surety’s personal representative.

What relief can the surety seek?

An order for other or additional security.

What procedure does the surety follow?

The same manner available to the defendant in an injunction.

Does this section create a new bond obligation on the enjoined party?

No — it lets the surety seek added protection for itself; it does not itself impose a new bond requirement.

Does the surety need a court order to obtain additional security?

Yes — the surety must move for and obtain an order for the other or additional security.

Amendment History

Code 1950, § 8-624; 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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