§ 8.01-371 — How forthcoming bond taken of claimant of property the sale whereof has been suspended

Virginia § 8.01-371

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 12: Interpleader; Claims of Third Parties to Property Distrained or Levied on, etc
• Art. 2: Claims of Third Parties to Property Distrained or Levied on

Text

The sheriff or other officer levying a writ of fieri facias or distress warrant on property, the sale of which is suspended under this chapter at the instance of a claimant thereof, may, if such claimant desires the property to remain in such possession as it was immediately before the levy, and if the case be one in which a bond for the forthcoming of the property is not prohibited from being taken from the debtor by § 8.01-531, take from the claimant a bond, with sufficient surety, in a penalty equal to double the value of the property, payable to the creditor, with such recital as is required in a forthcoming bond taken from the debtor, and with condition that the property shall be forthcoming at such day and place of sale as may be thereafter lawfully appointed. Such property may then be permitted to remain, at the risk of such claimant, in such possession as it was immediately before the levy; and §§ 8.01-130.7, 8.01-527, 8.01-528, 8.01-530 and 8.01-531 shall apply to such forthcoming bond in like manner as to a forthcoming bond taken from the debtor.

Legislative History

Code 1950, § 8-233; 1977, c. 617.