If any clerk make a certificate as to the bond, which is untrue, he and the sureties on his official bond shall be liable to any person injured thereby.
§ 8.01-100.Liability of clerk for false certificate or failure to give bond.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1978 · Last verified July 16, 2026
In one sentenceSection 8.01-100 makes a clerk, along with the sureties on the clerk’s official bond, liable to anyone injured when the clerk issues a certificate about a commissioner’s bond that turns out to be untrue.
Full Text of § 8.01-100
Plain-English Summary
Section 8.01-100 holds the clerk accountable for the certificate issued under Section 8.01-99. If a clerk certifies that a special commissioner has given proper bond and that certification turns out to be false, the clerk does not escape consequences just because the error was clerical rather than intentional.
Both the clerk and the sureties on the clerk’s official bond become liable to any person injured by the false certificate. That liability protects buyers and renters who relied on the certificate attached to a sale advertisement, believing the commissioner was properly bonded when, in fact, no adequate bond existed.
Frequently Asked Questions
What happens if a Virginia clerk certifies a commissioner’s bond that was never given?
The clerk, and the sureties on the clerk’s official bond, become liable to anyone injured by the false certificate.
Who can sue a clerk over a false bond certificate?
Any person injured by the false certificate, which typically includes a purchaser or renter who relied on it.
Does the clerk have to act with intent to deceive to be liable?
The section does not require proof of intent — it imposes liability whenever the certificate is untrue.
Are the clerk’s sureties liable along with the clerk?
Yes. Section 8.01-100 names both the clerk and the sureties on the clerk’s official bond as liable to the injured person.
How does this section relate to the bond and certificate process in Section 8.01-99?
It backstops that process — Section 8.01-99 requires the certificate, and Section 8.01-100 makes the clerk answerable if that certificate proves false.
Amendment History
Code 1950, § 8-661; 1977, c. 617; 1978, c. 718.
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: clerk liability false bond certificate virginia8.01-100 virginia codevirginia clerk bond certificate liabilityspecial commissioner bond certificate false virginia