No such order or process, however, shall be issued until a bond, conforming with the requirements of § 8.01-537.1, is posted with the judge or magistrate, in a penalty at least double the estimated fair market value of the property claimed, payable to the defendant, with the additional condition to redeliver the property so seized to the defendant, or to the person from whose possession it was taken, if the right to the possession shall be adjudged against the plaintiff.
§ 8.01-115.Bond required as prerequisite.
Chapter 3. Actions · Article 12. Detinue · Last amended 1993 · Last verified July 16, 2026
In one sentenceSection 8.01-115 requires a plaintiff seeking pretrial seizure in detinue to post bond, in a penalty at least double the property’s estimated fair market value, payable to the defendant and conditioned on returning the property if the possession right is decided against the plaintiff.
Full Text of § 8.01-115
Plain-English Summary
Section 8.01-115 puts a financial guarantee between a plaintiff’s request for seizure and the sheriff taking the property. No seizure order or process under Section 8.01-114 can issue until the plaintiff posts bond, conforming to Section 8.01-537.1, with the judge or magistrate.
The bond has to be sizable — a penalty at least double the estimated fair market value of the property the plaintiff is claiming — and it runs in favor of the defendant. Its condition is direct: if the right to possession is ultimately decided against the plaintiff, the plaintiff must redeliver the property, either to the defendant or to whoever the property was taken from. The bond gives the defendant a source of recovery if the seizure turns out to have been wrongful.
Frequently Asked Questions
Can a plaintiff get a detinue seizure order without posting bond?
No. Section 8.01-115 requires the bond be posted with the judge or magistrate before the order or process can issue.
How large does the bond have to be?
A penalty at least double the estimated fair market value of the property the plaintiff claims.
Who does the bond protect?
The defendant. It is payable to the defendant and guards against a wrongful or unsuccessful seizure.
What triggers the bond’s condition?
If the right to possession is adjudged against the plaintiff, the bond requires redelivery of the seized property to the defendant or to the person from whom it was taken.
Does the bond have a specific form requirement?
Yes. It must conform to the requirements of Section 8.01-537.1.
Amendment History
Code 1950, § 8-587; 1977, cc. 230, 617; 1986, c. 341; 1993, c. 841.
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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