If the amount of the execution be not sooner paid, such officer shall proceed, on the day mentioned in the notice, to sell at public auction the interest of the party against whom the execution issued in the real estate or so much thereof as the officer may deem sufficient; and if a part only be sold it shall be laid off in one parcel in such place and manner as the debtor or his agent may direct or, if he give no direction, as the officer may deem best.
§ 8.01-205.How sale made.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-205 lets the officer hold a public auction of the debtor’s interest in the levied real estate on the appointed day unless the debt is paid first, selling only as much of the land as needed and letting the debtor choose how a partial sale is divided.
Full Text of § 8.01-205
Plain-English Summary
Section 8.01-205 describes how the sale itself proceeds once the notice period from Section 8.01-204 runs. If the amount of the execution has not already been paid, the officer proceeds on the day stated in the notice to sell, at public auction, the interest that the party against whom the execution issued holds in the real estate — or as much of that interest as the officer judges sufficient to satisfy the debt.
If only part of the property needs to be sold, the section gives the debtor a say in how it is divided: the portion sold is laid off in one parcel, in whatever place and manner the debtor or the debtor’s agent directs. If the debtor gives no direction, the officer decides how best to lay off the parcel.
Frequently Asked Questions
Can the debtor stop the sale by paying the debt beforehand?
Yes. The officer proceeds with the sale only if the amount of the execution has not already been paid.
Does the officer have to sell all of the debtor’s real estate?
No. The officer sells the debtor’s interest in the real estate, or only as much of it as the officer deems sufficient to satisfy the execution.
Who decides how a partial parcel is laid out for sale?
The debtor or the debtor’s agent, if either gives a direction on place and manner.
What happens if the debtor gives no direction on how to divide the property?
The officer decides how best to lay off the parcel being sold.
Is the sale conducted by public auction?
Yes. Section 8.01-205 requires the sale of the debtor’s interest in the real estate to be by public auction.
Amendment History
Code 1950, § 8-768; 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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