When a judgment for specific personal property is affirmed by an appellate court, or an injunction to such judgment is dissolved, the person who is entitled to execution of such judgment, or who would be entitled if execution had not been had, may, on motion to the court from which such execution has issued, or might issue, after fifteen days' notice to the defendant or his personal representative, have a jury impaneled to ascertain the damages sustained by reason of the detention of such property, subsequent to such judgment, or if it was on a verdict, subsequent to such verdict; and judgment shall be rendered for the damages, if any, so ascertained.
§ 8.01-123.Recovery of damages sustained for property withheld during appeal.
Chapter 3. Actions · Article 12. Detinue · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-123 lets a party entitled to execution on a detinue judgment for specific property, once an appellate court affirms the judgment or dissolves an injunction against it, move for a jury to assess damages for the property’s detention since judgment, after fifteen days’ notice to the defendant.
Full Text of § 8.01-123
Plain-English Summary
Section 8.01-123 addresses what happens when the losing party in a detinue case ties the property up through appeal or an injunction. Once an appellate court affirms a judgment for specific personal property, or dissolves an injunction that had blocked enforcement of that judgment, the person entitled to execute on it — or who would be entitled if execution had not already occurred — can act.
That person moves the court from which the execution issued, or from which it might issue, and after giving the defendant or the defendant’s personal representative fifteen days’ notice, may have a jury impaneled to figure out the damages caused by the continued detention of the property since the judgment, or, if the case turned on a verdict, since that verdict. The court then renders judgment for whatever damages the jury ascertains, compensating the winning party for the extra time the case’s own delay cost them.
Frequently Asked Questions
If I win a detinue judgment and the defendant appeals, can I recover damages for the extra delay?
Yes. Once the appellate court affirms the judgment or dissolves an injunction against it, Section 8.01-123 lets you move for a jury to assess damages for the property’s detention since the judgment.
How much notice does the defendant get before this damages hearing?
Fifteen days’ notice to the defendant or the defendant’s personal representative.
Which court hears the motion for these appeal-related damages?
The court from which the execution on the underlying judgment issued, or from which it might issue.
Does a jury decide the amount of these damages?
Yes, the party entitled to execution may have a jury impaneled specifically to ascertain the damages from the detention.
What period does the damages calculation cover?
The detention of the property since the judgment, or since the verdict if the case rested on one, running through the time covered by this proceeding.
Amendment History
Code 1950, § 8-595; 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: damages property withheld appeal virginia8.01-123 virginia codedetinue appeal damages virginiajury impaneled detention damages virginia