The officer who made the levy shall deliver the goods and chattels to the sheriff to whom such writ of venditioni exponas may be directed, upon such sheriff's producing to him such writ and executing a receipt for such goods and chattels. If the officer shall fail to deliver the same and return be made on such writ to that effect, the court from which it issued, upon motion, may give judgment against him and his sureties for the whole sum that the execution amounted to at the time of such failure, with interest thereon from that time.
§ 8.01-212.Officer to deliver to sheriff goods and chattels levied on.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-212 requires the original levying officer to hand over the seized goods and chattels to the sheriff named in a writ of venditioni exponas, on penalty of a judgment against that officer and his sureties for the full amount of the execution plus interest if he refuses.
Full Text of § 8.01-212
Plain-English Summary
Section 8.01-212 makes the venditioni exponas process in Section 8.01-211 work by obligating the original officer to cooperate. The officer who made the levy must deliver the goods and chattels to the sheriff named in the writ, once that sheriff produces the writ and executes a receipt for the property received.
Refusal carries a real consequence. If the officer fails to deliver the goods and a return is made to that effect, the court from which the writ issued may, on motion, enter judgment against the officer and his sureties for the entire amount the execution had reached at the time of the failure, plus interest running from that time.
Frequently Asked Questions
What must the adjacent-county sheriff show before receiving the levied property?
The writ of venditioni exponas itself, along with executing a receipt for the goods and chattels received.
What happens if the original officer refuses to turn over the goods?
The court that issued the writ can, on motion, enter judgment against that officer and his sureties, once a return shows the failure to deliver.
How much can a court hold that officer liable for?
The whole sum the execution amounted to at the time of the failure to deliver, plus interest from that time.
Are the officer’s sureties also on the hook?
Yes. The judgment for failing to deliver the goods runs against the officer and his sureties together.
From what point does interest run on that judgment?
From the time of the officer’s failure to deliver the goods and chattels.
Amendment History
Code 1950, § 8-775; 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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