§ 8.01-204.Notice of sale of real estate; when sale to be made.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-204 requires an officer who levies on real estate in a Commonwealth collection case to post notice of the sale at the courthouse and other public places, and to hold the sale between sixty and ninety days after posting, either on the property or at the courthouse door.
Full Text of § 8.01-204
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When a levy is so made upon real estate, the officer making it shall post notice thereof, and of the time and place of sale, at such public places as may seem to him expedient, and at the front door of the courthouse of the political subdivision in which the real estate is, on a court day. The time of selling real estate shall be not less than sixty nor
more than ninety days from the time of posting the notice at the courthouse door. And the sale shall take place at the premises or at the door of the courthouse, as the officer may deem most advisable.
Plain-English Summary
Section 8.01-204 governs how the public learns about, and when the officer may hold, a sale of real estate levied on under this article. Once a levy is made on real estate, the officer posts notice of the levy and of the time and place of sale at whatever public places seem useful, and specifically at the front door of the courthouse of the political subdivision where the real estate sits, on a court day.
The timing is fixed within a window: the sale cannot happen sooner than sixty days, or later than ninety days, from the date the notice was posted at the courthouse door. When that window arrives, the officer chooses whether to conduct the sale at the property itself or at the courthouse door, whichever seems more advisable under the circumstances.
Frequently Asked Questions
Where does the officer have to post notice before selling seized real estate?
At such public places as seem useful to the officer, and specifically at the front door of the courthouse of the political subdivision where the real estate is located, on a court day.
How soon after posting notice can the sale happen?
Not sooner than sixty days from the date the notice was posted at the courthouse door.
Is there a deadline for how long the officer can wait to hold the sale?
Yes. The sale must happen no later than ninety days from the date the notice was posted at the courthouse door.
Where does the actual sale take place?
Either at the premises being sold or at the door of the courthouse, whichever the officer deems more advisable.
Who decides whether the sale happens on the property or at the courthouse?
The officer conducting the sale makes that choice.
Amendment History
Code 1950, § 8-767; 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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