Any court of this Commonwealth, may, at the instance of any party in interest, award a rule against any special commissioner or receiver appointed by or acting under the authority of such court, and against the surety of such commissioner or receiver, or against a purchaser at a judicial sale under a decree of such court, and against the surety or sureties of such purchaser, returnable to such date as the court may fix, to show cause why judgment shall not be entered against them for any amount which the court may ascertain to be due from such commissioner, receiver, or purchaser. A rule issued under this section shall be executed at least fifteen days before the return day thereof.
§ 8.01-105.Rule against special commissioner, purchaser, etc., for judgment for amounts due.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-105 lets a Virginia court, at the request of an interested party, award a rule against a special commissioner, receiver, purchaser, or their sureties to show cause why judgment should not be entered against them for amounts the court finds due, executed at least fifteen days before its return day.
Full Text of § 8.01-105
Plain-English Summary
Section 8.01-105 gives a party a shortcut for collecting money a court officer or purchaser owes without filing an entirely new lawsuit. Any court in Virginia may, at the request of a party in interest, award a rule against a special commissioner or receiver appointed by or acting under the court’s authority, against a purchaser at a judicial sale under the court’s decree, or against the surety of any of them.
The rule directs the person to show cause, by a return date the court fixes, why judgment should not be entered for whatever amount the court determines is due from the commissioner, receiver, or purchaser. To give the recipient fair notice, the rule must be executed — meaning served — at least fifteen days before its return day.
Frequently Asked Questions
What is a rule to show cause under Section 8.01-105?
A court order directing a special commissioner, receiver, purchaser, or their surety to appear and explain why judgment should not be entered against them for an amount the court finds due.
Who can ask a Virginia court to issue this kind of rule?
Any party in interest in the case.
How much advance notice does the person subject to the rule get?
The rule must be executed at least fifteen days before the return day the court sets.
Can the rule reach a purchaser’s surety, not just the purchaser?
Yes. The section allows the rule against the surety of a special commissioner, receiver, or purchaser, in addition to the principal.
What happens after the rule is returned and answered?
Section 8.01-106 explains how the court hears the matter and enters judgment based on the return.
Amendment History
Code 1950, § 8-664; 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
Also known as: rule to show cause virginia commissioner8.01-105 virginia codejudgment against special commissioner virginiapurchaser surety liability judicial sale virginia