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§ 8.01-213.Where same to be sold.

Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-213 directs the sheriff receiving a venditioni exponas writ to sell the goods where he received them if possible, and otherwise to move them to his own county’s courthouse for sale, charging the removal cost to the debtor.

Full Text of § 8.01-213

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The sheriff to whom such writ of venditioni exponas is directed, shall sell the goods and chattels in the county where received, if they can be sold therein, and if not he shall cause them to be removed to the courthouse of his own county and there sold. The removal shall be at the costs of the party against whom the execution issued, and the sale under the execution shall be to raise the cost of removal, in addition to the amount which it would otherwise have been necessary to raise.

Plain-English Summary

Section 8.01-213 tells the receiving sheriff where to hold the sale of goods and chattels obtained under a writ of venditioni exponas. The sheriff first tries to sell them in the county where he received them, if that is possible.

If a sale cannot be made there, the sheriff removes the goods to the courthouse of his own county and sells them there instead. That removal happens at the cost of the party against whom the execution issued, and the sale is structured to raise not only the amount originally needed to satisfy the debt but also the added cost of the removal itself.

Frequently Asked Questions

Where does the receiving sheriff try to sell the goods first?

In the county where he received them, if the goods can be sold there.

What happens if the goods can’t be sold in the county where the sheriff received them?

He removes them to the courthouse of his own county and sells them there instead.

Who pays for moving the goods to another courthouse?

The party against whom the execution issued bears the cost of removal.

Does the removal cost get added to what the sale needs to raise?

Yes. The sale is structured to raise the removal cost in addition to the amount that would otherwise have been necessary.

Does this section cover real estate as well as goods and chattels?

No. Section 8.01-213 addresses goods and chattels; Section 8.01-214 separately covers where real estate levied on under the same writ is sold.

Amendment History

Code 1950, § 8-776; 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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