Upon the return of a rule executed under § 8.01-105 upon any of the parties thereto, the court may if neither party demand a jury, proceed to hear and determine all questions raised by such rule, and shall enter a judgment against such special commissioner, receiver, or purchaser, as the case may be, and his surety or sureties, for the amount appearing to be due by such commissioner, receiver or purchaser, or may enter judgment against such of them as have been summoned to answer such rule. If it appears in such proceeding that such commissioner, receiver, purchaser, or any of them, or their sureties is dead, or under a disability, then such rule shall be awarded against the personal representative of those dead, and the fiduciary of those who are under a disability, and judgment may be rendered jointly and severally against such personal representative, fiduciary and those laboring under no disability in the same proceeding.
§ 8.01-106.How cause heard upon rule and judgment rendered.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-106 directs how a Virginia court hears a rule issued under Section 8.01-105, allowing judgment against the special commissioner, receiver, or purchaser and their sureties for the amount due, with special provisions when any of them has died or become disabled.
Full Text of § 8.01-106
Plain-English Summary
Section 8.01-106 picks up where the rule described in Section 8.01-105 leaves off. Once the rule comes back before the court, and if no party demands a jury, the court proceeds to hear and decide every question the rule raises. It then enters judgment against the special commissioner, receiver, or purchaser, along with the surety or sureties, for whatever amount is shown to be due — or it may limit the judgment to only those who were summoned to answer the rule.
The section also anticipates that a person named in the rule might have died or become disabled before the matter is resolved. If that happens, the rule is instead awarded against the personal representative of a deceased person, or the fiduciary of a person under a disability, and the court can render judgment jointly and severally against that personal representative or fiduciary together with anyone else who faces no such disability, all in the same proceeding.
Frequently Asked Questions
Does a jury decide a rule proceeding under Section 8.01-105?
Only if a party demands one. Absent a demand, the court itself hears and determines the questions raised by the rule.
Against whom can the court enter judgment after hearing the rule?
The special commissioner, receiver, or purchaser and the surety or sureties, for the amount found due — or only those parties who were summoned to answer.
What happens if the commissioner or purchaser named in the rule has died before the hearing?
The rule is instead awarded against that person’s personal representative, and judgment may be entered against the representative.
What if the person is alive but under a legal disability?
The rule is awarded against that person’s fiduciary rather than the disabled individual directly.
Can the court enter one judgment covering both a deceased person’s representative and other parties who are not disabled?
Yes. The court may render judgment jointly and severally against the personal representative, the fiduciary, and those under no disability, all in the same proceeding.
Amendment History
Code 1950, § 8-665; 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: judgment on rule against commissioner virginia8.01-106 virginia codehearing on rule to show cause virginiasurety judgment judicial sale virginia