When any bond taken under § 8.01-206 becomes payable and is returned to the office of the court from which the execution issued, it shall have the force of a judgment against such of the obligors therein as may be then alive. Execution may be issued thereon against them. And the same shall be proceeded under in like manner as an execution issued on such a judgment or decree as is mentioned in § 8.01-201, save only that the clerk shall endorse "no security is to be taken," and the officer shall govern himself accordingly and sell for ready money any real estate which he may levy on under the same.
§ 8.01-209.Bond for purchase money to have force of judgment.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-209 treats a matured, returned purchase-money bond as though it were a judgment against the surviving obligors, letting the Commonwealth execute on it directly, except any real estate seized under that execution must be sold for cash rather than on credit.
Full Text of § 8.01-209
Plain-English Summary
Section 8.01-209 gives the purchase-money bond taken under Section 8.01-206 real teeth once it comes due. When the bond becomes payable and is returned to the office of the court from which the original execution issued, the bond itself has the force of a judgment against whichever obligors are still living. The Commonwealth can have an execution issued directly on that bond, without needing a separate lawsuit to reduce it to judgment first.
That execution proceeds much like an execution on the judgment or decree described in Section 8.01-201, with one important difference: the clerk endorses the writ “no security is to be taken,” and the officer sells any real estate levied on under it for ready money rather than extending the six months’ credit that applied to the original sale.
Frequently Asked Questions
What happens once the purchaser’s bond comes due and is returned to the court?
The bond has the force of a judgment against the obligors who are then still alive, without any separate suit needed to establish it as a judgment.
Can the Commonwealth get an execution on the bond without a new lawsuit?
Yes. Section 8.01-209 lets an execution issue directly on the matured, returned bond, treating it as though it already were a judgment.
Does the six-month credit from the original sale apply again if the bond isn’t paid?
No. Any real estate levied on under this execution must be sold for ready money, not on credit.
What special instruction does the clerk write on this kind of execution?
The clerk endorses it “no security is to be taken,” signaling that the sale must be for cash.
Who is the execution enforced against if one of the bond’s obligors has died?
The bond has the force of a judgment against the obligors still alive at the time; Section 8.01-210 separately addresses pursuing a deceased obligor’s estate.
Amendment History
Code 1950, § 8-772; 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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