The legal charges, if any, for keeping any such property, while in the possession of the officer, shall be paid by the plaintiff and certified by the officer to the court who, in case such order or process be not abated and final judgment be rendered for the plaintiff, shall tax the same along with the other costs of the suit.
§ 8.01-122.Charges for keeping property.
Chapter 3. Actions · Article 12. Detinue · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-122 requires the plaintiff to pay the legal charges for an officer’s custody of seized detinue property, has the officer certify those charges to the court, and taxes them as costs if the seizure order is not abated and judgment favors the plaintiff.
Full Text of § 8.01-122
Plain-English Summary
Section 8.01-122 covers the cost of storing seized property while a detinue case is pending. Whatever legal charges accumulate for keeping the property while it sits in the officer’s possession are paid, in the first instance, by the plaintiff who sought the seizure. The officer certifies those charges to the court, creating a record of what was spent.
Whether the plaintiff ultimately absorbs that cost depends on how the case turns out. If the seizure order or process is not abated, and final judgment is rendered for the plaintiff, the court taxes those keeping charges along with the other costs of the suit — shifting the expense to the losing defendant as part of the overall cost award.
Frequently Asked Questions
Who initially pays for storing property the sheriff seized in a detinue case?
The plaintiff pays the legal charges for keeping the property while it is in the officer’s possession.
Does the officer just charge whatever it costs, or is there a record kept?
The officer certifies the charges to the court, creating a documented figure rather than an informal estimate.
Can the plaintiff recover those storage costs if the plaintiff wins the case?
Yes, if the seizure order is not abated and final judgment is rendered for the plaintiff, the court taxes the keeping charges along with the other costs of the suit.
What happens to the storage charges if the seizure order is abated?
The section ties recovery of those charges to the order not being abated and judgment favoring the plaintiff, so an abated order does not carry the same cost-shifting result.
Are these charges separate from the officer’s other duties in the case?
Yes, they specifically cover the cost of keeping the property, distinct from other fees the officer might collect for executing process.
Amendment History
Code 1950, § 8-594; 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
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