§ 8.01-370.Claimant may give suspending bond; proceedings to have title settled; action on indemnifying or suspending bond.
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 sentenceLets a third-party claimant halt the sale of levied property by posting a suspending bond worth double its value, but requires that claimant to start title-settlement proceedings within thirty days or forfeit the claim, while authorizing a lawsuit in the officer’s name, even after the officer’s death, to recover jury-assessed damages under an indemnifying or suspending bond.
Full Text of § 8.01-370
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The sale of any property levied on under a fieri facias or distress warrant shall be suspended at the instance of any claimant thereof who will deliver to the officer a suspending bond, with good security, in a penalty equal to double the value thereof, payable to such officer, with condition to pay to all persons who may be injured by suspending the sale thereof, until the claim thereto is adjudicated or otherwise adjusted, such damage as they may sustain by such suspension. If the property claimed to be liable by virtue of such process is in the possession of any of the parties against whom such process was issued, but is claimed by any other person, or is claimed to belong to any other person, the officer having such process in his hands to be executed shall, whether an indemnifying bond has been given or not, after notice to the claimant, or his agent, proceed to execute the same notwithstanding such claim, unless the claimant of such property or someone for him shall give the suspending bond aforesaid, and shall within thirty days after such bond is given proceed to have the title to such property settled in accordance with the provisions of this chapter. And in case such claimant or someone for him fails to give a suspending bond, or having given such bond fails to have such proceedings instituted to settle the title thereto, the claimant shall be barred from asserting such claim to the property and the sale of the property shall proceed. For the purpose of this section, a person making a claim of ownership of property on behalf of another shall be deemed to be the latter's agent, and the
notice required by this section may be verbal or in writing. Upon any such indemnifying or suspending bond as is mentioned in this section or § 8.01-369 an action may be prosecuted in the name of the officer for the benefit of the claimant, creditor, purchaser, or other person injured, and such damages recovered in such action as a jury may assess. The action may be prosecuted and a writ of fieri facias had in the name of such officer when he is dead in like manner as if he were alive.
Plain-English Summary
A claimant who wants to keep levied property from being sold out from under them has a tool here: post a suspending bond, with good security, in a penalty equal to double the property’s value, payable to the officer, promising to cover anyone hurt by the delay until the claim gets adjudicated. That bond puts the sale on hold.
The hold is not indefinite. If the property sits in the debtor’s possession but someone else claims it, the officer can proceed with execution after giving notice — unless the claimant posts the suspending bond and moves within thirty days to get the title question settled under this chapter. Miss that window, and the claim is barred outright, clearing the way for the sale to proceed. Notice under this section does not have to be written; verbal notice to the claimant or the claimant’s agent works too.
The section also opens a path to damages: anyone injured by an indemnifying or suspending bond covered here or in § 8.01-369 can sue on that bond in the officer’s name, for the benefit of the claimant, creditor, purchaser, or other injured person, with a jury assessing the damages. That right survives the officer’s own death — the action, and even a writ of fieri facias, can still proceed in the officer’s name as though the officer were still alive.
Frequently Asked Questions
How does a claimant stop the sale of levied property under this section?
By delivering to the officer a suspending bond with good security, in a penalty equal to double the value of the property, payable to the officer.
What must the claimant do after posting the suspending bond?
Proceed within thirty days to have the title to the property settled in accordance with the provisions of this chapter, or the claim is barred and the sale of the property proceeds.
Can the notice required under this section be given verbally?
Yes. The notice required by this section may be verbal or in writing.
Who can sue on an indemnifying or suspending bond, and in whose name?
An action may be prosecuted in the name of the officer for the benefit of the claimant, creditor, purchaser, or other person injured.
Can an action on the bond proceed if the officer has since died?
Yes. The action may be prosecuted, and a writ of fieri facias had, in the name of the officer as if he were alive.
Amendment History
Code 1950, § 8-232; 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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