In decreeing a sale under any provisions of law, the court may provide for the sale of property in any part of the Commonwealth, and may direct the sale to be for cash, or on such credit and terms as it may deem best, and it may appoint one or more special commissioners to make such sale. No special commissioner, appointed by a court, shall receive money under a decree, until he gives bond, with approved security, before such court or its clerk, in a penalty to be prescribed by the court, conditioned upon the faithful discharge of his duties as such commissioner and to account for and pay over as the court may direct all money that may come into his hands as such commissioner.
§ 8.01-96.Decree for sale; how made; bond of commissioner.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-96 lets a Virginia court decree the sale of property anywhere in the Commonwealth on cash or credit terms it chooses, appoint one or more special commissioners to carry out the sale, and requires each commissioner to post approved bond before touching any sale proceeds.
Full Text of § 8.01-96
Plain-English Summary
Section 8.01-96 gives a court broad control over how a judicial sale unfolds. When a court decrees a sale under any provision of law, it can allow the property to be sold anywhere in Virginia and can set the sale on cash terms or on whatever credit and terms it judges best for the case. The court also decides who carries out the sale, and it may appoint one or more special commissioners for that purpose.
Before any special commissioner can receive a dollar under the decree, the officer must give bond with security the court approves, before the court itself or its clerk. The court alone prescribes the penalty amount of that bond, and the bond’s condition ties the commissioner to two duties: discharging the commissioner’s responsibilities faithfully and accounting for, then paying over, all money that passes through the commissioner’s hands. The bond requirement comes before the money, not after — a commissioner who collects funds without first posting bond has skipped a mandatory step.
Frequently Asked Questions
Where can a Virginia court order property sold under a judicial decree?
Anywhere in the Commonwealth. Section 8.01-96 does not confine the sale to the county or city where the suit is pending.
Can the court allow the property to be sold on credit rather than for cash?
Yes. The court may direct the sale for cash or on whatever credit and terms it considers best for the parties involved.
Does a special commissioner need to post bond before collecting sale proceeds?
Yes. No special commissioner may receive money under the decree until giving bond, with security the court approves, in a penalty the court sets.
What does the commissioner’s bond guarantee?
That the commissioner will faithfully discharge the duties of the office and will account for and pay over, as the court directs, all money that comes into the commissioner’s hands.
Who approves the amount and sufficiency of a special commissioner’s bond?
The court alone prescribes the penalty amount; the bond itself may be given before either the court or its clerk.
Amendment History
Code 1950, § 8-655; 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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