Either party may file exceptions to the sufficiency of the bond of the other or of the claimant of the property, if he has given bond, or such claimant may file exceptions to the sufficiency of the bond of either party. The court before whom the proceeding is pending, may, on the motion of either party or of the claimant, after reasonable notice to the others, pass upon such exceptions and make such order thereupon as may be just and reasonable.
§ 8.01-117.Exceptions to sufficiency of bonds.
Chapter 3. Actions · Article 12. Detinue · Last amended 1993 · Last verified July 16, 2026
In one sentenceSection 8.01-117 lets either party, or a claimant of the property, challenge the sufficiency of another’s detinue bond, with the court ruling on the exceptions after reasonable notice and entering whatever order is just and reasonable.
Full Text of § 8.01-117
Plain-English Summary
Section 8.01-117 gives the parties in a detinue case a way to police the bonds each other post. Either the plaintiff or the defendant may file exceptions to the sufficiency of the other’s bond, or to the bond of a claimant who has come into the case and given bond of their own. A claimant, in turn, may file exceptions to the sufficiency of either party’s bond.
The court hearing the case then rules on those exceptions, on the motion of any party or the claimant, after reasonable notice to the others. The court can make whatever order the situation calls for, tailored to what is just and reasonable given the deficiency raised.
Frequently Asked Questions
Can I challenge whether the other side’s detinue bond is adequate?
Yes. Section 8.01-117 lets either party file exceptions to the sufficiency of the other’s bond.
Can a third-party claimant challenge a bond too?
Yes. A claimant of the property may file exceptions to the sufficiency of either party’s bond, and either party may except to the claimant’s bond if the claimant has given one.
What does the court do once exceptions are filed?
On motion, after reasonable notice to the others, the court passes on the exceptions and enters whatever order is just and reasonable.
Do I need to give notice before raising an exception to a bond?
Yes, reasonable notice to the other parties is required before the court will act on the exception.
What kind of remedy might the court order if it agrees the bond is insufficient?
The statute leaves it to the court’s judgment — whatever order is just and reasonable under the circumstances, which could include requiring a new or additional bond.
Amendment History
Code 1950, § 8-589; 1977, c. 617; 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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