When return is made on any execution on behalf of the Commonwealth that goods, chattels or real estate remain unsold for want of bidders, or to that effect, the clerk of the court from which such execution issued shall, when required by the Comptroller, issue a writ of venditioni exponas, directed to the sheriff of any county adjacent to that in which the levy was made that the Comptroller may designate. Such writ shall recite the execution under which the levy was made, the nature of such levy and return that the property remains unsold for the want of bidders and shall command the sheriff of such adjacent county, if the property remaining unsold be goods or chattels, to go into the county in which the levy was made and receive the same from the officer that made the levy and, whether the property be goods, chattels, or real estate, to sell the same.
§ 8.01-211.When venditioni exponas issued to sheriff of adjacent county; what to contain.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-211 gives the Comptroller a way to revive a stalled Commonwealth execution when property couldn’t be sold for lack of bidders, by having the clerk issue a writ directing a sheriff from a neighboring county to collect and sell the property instead.
Full Text of § 8.01-211
Plain-English Summary
Section 8.01-211 addresses what happens when a Commonwealth execution comes back unsuccessful because nobody bid on the property. When the return on an execution on the Commonwealth’s behalf shows that goods, chattels, or real estate remain unsold for want of bidders, the clerk of the court that issued the execution — when the Comptroller requires it — issues a writ of venditioni exponas directed to the sheriff of an adjacent county the Comptroller designates.
The writ has to recite the original execution, describe the nature of the levy, and state the return showing the property went unsold for want of bidders. It then commands the sheriff of the adjacent county to two things: if the unsold property is goods or chattels, to go into the county where the levy was made and take receipt of them from the officer who levied; and, whether the property is goods, chattels, or real estate, to sell it.
Frequently Asked Questions
What is a writ of venditioni exponas, and when is it used here?
It is a writ that redirects an unsuccessful Commonwealth execution to a sheriff in an adjacent county, issued when property levied on remains unsold for want of bidders.
Why would property go unsold in the original county?
The section applies when a return on the original execution shows that goods, chattels, or real estate remained unsold because no bidders came forward.
Who decides which adjacent county’s sheriff receives the writ?
The Comptroller designates the adjacent county, and the clerk of the court that issued the original execution directs the writ to that county’s sheriff.
What information does the writ have to include?
It must recite the original execution, describe the nature of the levy, and state that the return showed the property unsold for want of bidders.
Can the adjacent-county sheriff sell both goods and real estate under this writ?
Yes. The writ commands the sheriff to sell whatever remains unsold, whether it is goods, chattels, or real estate.
Amendment History
Code 1950, § 8-774; 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: venditioni exponas virginia commonwealth executionproperty unsold for want of bidders virginiaadjacent county sheriff execution virginia8.01-211 explainedcomptroller redirect execution virginia