When a writ of fieri facias issued from a circuit court, or a warrant of distress, is levied on property, or when a lien is acquired on money or other personal estate by virtue of § 8.01-501, and when some other person than the one against whom the process issued claims the property, money, other personal estate, or some part or the proceeds thereof, then either (i) the claimant, if such suspending bond as is hereinafter mentioned has been given, (ii) the officer having such process, if no indemnifying bond has been given, or (iii) the party who had the process issued, may apply to try the claim, by motion to the adverse party, to the circuit court of the county or city wherein the property, money, or other personal estate is located.
§ 8.01-365.How claim of third party tried.
Chapter 12. Interpleader; Claims of Third Parties to Property Distrained or Levied On, · Article 2. Claims of Third Parties to Property Distrained or Levied On · Last amended 1977 · Last verified July 16, 2026
In one sentenceSets up a motion procedure for resolving a third party’s claim to property seized under a writ of execution, distress warrant, or execution lien, letting the claimant, the levying officer, or the party who had the process issued bring the dispute before the circuit court where the property sits, depending on which bonds are already in play.
Full Text of § 8.01-365
Plain-English Summary
When a sheriff levies on property to satisfy a judgment and someone other than the debtor says that property is theirs, this section gives that dispute a specific, quick path into court. It covers property seized under a writ of fieri facias, a distress warrant, or a lien acquired on money or personal estate under § 8.01-501, whenever a third party claims the property, the money, or some part of it or its proceeds.
Rather than filing a whole new lawsuit, the right person can bring the dispute by motion. Who that person is depends on the bonds already in play: the claimant if a suspending bond has been posted, the levying officer if no indemnifying bond has been given, or the party who had the process issued in the first place. Whoever brings the motion takes it to the circuit court of the county or city where the property sits.
Frequently Asked Questions
What triggers this third-party claim procedure?
A writ of fieri facias, a warrant of distress, or a lien acquired under § 8.01-501, levied on property that someone other than the person against whom the process issued claims.
Who can bring the motion to try the claim?
The claimant, if a suspending bond has been given; the officer having the process, if no indemnifying bond has been given; or the party who had the process issued.
Which court hears a claim brought under this section?
The circuit court of the county or city where the property, money, or personal estate is located.
How is the claim brought before the court?
By motion to the adverse party, rather than a separate lawsuit.
Does the whole property or fund have to be at issue for this section to apply?
No. The claim can cover the property, money, or personal estate, or only some part or the proceeds of it.
Amendment History
Code 1950, § 8-227; 1962, c. 10; 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: virginia third party claim to levied propertyfieri facias third party claim virginiadistress warrant property claim virginia