A motion made pursuant to § 8.01-476 shall be made within five years after the right to make the same shall have accrued.
§ 8.01-255.2.Limitation on motion for new execution after loss of property sold under indemnity bond.
Chapter 4. Limitations of Actions · Article 5. Miscellaneous Limitations Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-255.2 gives a party five years to make a motion under § 8.01-476 for a new execution after losing property that was sold under an indemnity bond, running from when the right to make that motion first accrued.
Full Text of § 8.01-255.2
Plain-English Summary
Section 8.01-255.2 sets the time limit for a specific post-judgment remedy: a motion under § 8.01-476 for a new execution after property sold under an indemnity bond has been lost. The party entitled to bring that motion has five years from when the right to make it first accrued.
Because this remedy addresses a narrow scenario in the execution and collection process — property that changed hands under an indemnity bond and was subsequently lost to the party who should have benefited from it — the five-year period gives that party a defined, generous window to seek a replacement execution without leaving the remedy open indefinitely.
Frequently Asked Questions
How long does a party have to move for a new execution after losing property sold under an indemnity bond?
Five years after the right to make the motion first accrues, under Section 8.01-255.2.
What statute governs the underlying motion this section sets a deadline for?
Section 8.01-476, which authorizes the motion for a new execution addressed here.
Does the five-year period run from the date of the property’s loss or from some other point?
It runs from when the right to make the motion first accrued, which the statute ties to the accrual of that right rather than naming a specific triggering event separately.
What kind of property sale does this section address?
Property sold under an indemnity bond that was subsequently lost.
Is this five-year period longer or shorter than the general contract limitation periods in § 8.01-246?
It falls in the middle of that range — longer than the three-year period for unwritten contracts, but shorter than the ten-year period for recognizances under § 8.01-246.
Amendment History
Code 1950, § 8-408; 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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