But if service is made by publication, the defendant against whom the judgment is rendered may file a motion within thirty days from the rendition of judgment to have such judgment set aside, upon giving bond with good security as prescribed by the court, with condition to pay all such costs as shall be awarded in the cause against the defendant. The defendant may then make such defense to the petition as he might have made, and in the same manner, before the judgment was rendered.
§ 8.01-641.Reopening same when made on service by publication.
Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-641 lets a defendant who lost a quo warranto judgment based on service by publication move within 30 days to have that judgment set aside upon posting bond, after which the defendant may raise the same defenses that could have been made before judgment.
Full Text of § 8.01-641
Plain-English Summary
Service by publication carries a real risk that the person being sued never saw the papers. This section supplies a safety valve for that risk in quo warranto cases: a defendant against whom judgment was rendered on service by publication has thirty days from the rendition of judgment to move to set that judgment aside.
Reopening the case is not free. The defendant has to give bond with good security, as the court prescribes, conditioned on paying whatever costs the court eventually awards against them. Once that bond is posted and the judgment set aside, the defendant can raise the same defenses to the petition, in the same manner, that could have been raised before judgment was entered in the first place.
Frequently Asked Questions
What triggers the right to reopen a judgment under this section?
The judgment was rendered on service by publication rather than personal service.
How long does the defendant have to move to set the judgment aside?
Thirty days from the rendition of judgment.
What must the defendant post to reopen the judgment?
A bond with good security, as prescribed by the court, conditioned on paying the costs awarded against the defendant in the cause.
What can the defendant do once the judgment is set aside?
Make the same defense to the petition, in the same manner, that could have been made before judgment was rendered.
Does this reopening right apply to judgments entered after personal service?
No — it applies specifically where service was made by publication.
Amendment History
Code 1950, § 8-863; 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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