When an injunction to stay proceedings on a judgment or decree for money is dissolved wholly or in part there shall be paid to the party having such judgment or decree damages at the rate of ten per centum per annum from the time the injunction took effect until the dissolution, on such sum as appears to be due, including the costs; but the court wherein the injunction is may direct that no such damages be paid, or that there be paid only such portion thereof as it may deem just. In a case wherein a forthcoming bond was forfeited, and no execution was had thereon before the injunction took effect, a court awarding such execution shall include in its judgment or decree damages as aforesaid. In other cases damages may be included in the execution on the judgment or decree to which the injunction was awarded.
§ 8.01-633.Damages on dissolution.
Chapter 24. Injunctions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-633 awards a judgment creditor damages at 10 percent per year, running from when an injunction against collecting on a money judgment took effect until it was dissolved, on the sum found due, though the court may reduce or eliminate those damages, and it addresses how damages attach when a forthcoming bond was forfeited.
Full Text of § 8.01-633
Plain-English Summary
When an injunction pauses collection on a judgment or decree for money and later gets dissolved, wholly or in part, this section compensates the judgment creditor for the delay. Damages accrue at 10 percent per year, running from the time the injunction took effect until it was dissolved, calculated on whatever sum turns out to be due, including costs.
That 10 percent figure is not automatic. The court in which the injunction sits can direct that no damages be paid at all, or that only part of the calculated amount be paid, trimming the award as it sees fit rather than applying the rate mechanically.
The section also handles a specific wrinkle: if a forthcoming bond was forfeited and no execution had issued on it before the injunction took effect, the court awarding execution folds the damages into that judgment or decree. In every other case, the damages ride along with the execution on the underlying judgment or decree.
Frequently Asked Questions
What rate of damages applies when a money-judgment injunction is dissolved?
Ten percent per annum.
Over what period do the damages run?
From the time the injunction took effect until its dissolution, calculated on the sum found due, including costs.
Can a court reduce or eliminate these damages?
Yes — the court may direct that no damages be paid, or that only a portion be paid, as it deems just.
How are damages handled when a forthcoming bond was forfeited before the injunction took effect and no execution had issued?
The court awarding execution includes the damages in its judgment or decree.
What kind of injunction does this section cover?
One that stays proceedings on a judgment or decree for money.
Amendment History
Code 1950, § 8-625; 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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