{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/49-23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/49-23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/49-23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/49-23.html"}],"law_id":77695,"edition_id":1,"section_id":77695,"structure_id":15053,"section_number":"49-23","catch_line":"Surety on bond given under decree of court for payment of money","history":"Code 1919, \u00a7 5776.","full_text":"A surety, or his committee, or personal representative, in a bond, other than the bond of a commissioner or receiver, given under a decree or order of a court for the payment of money, if no suit be pending for the recovery thereof, may file his petition in the court which rendered or made the decree or order, or to which the case has been removed, for a bond of indemnity. The petition shall state that the petitioner has reason to believe that he, or the estate he represents, is likely to suffer pecuniary loss in consequence of such suretyship and the grounds of such belief and shall be verified by affidavit. Upon the filing of the petition and proof of reasonable notice to the principal in the bond and all the parties in interest, the court may require such indemnifying bond, with satisfactory sureties, to be given within a time to be prescribed. If such bond be given, it shall be with condition and shall bind the obligors therein to indemnify the sureties in the former bond against all loss or damage in consequence of such former bond. If such bond be not given, the court, on the request of such surety, personal representative or committee, if the money be due and payable, or whenever the same becomes due and payable, shall order suit to be brought for its recovery and prosecuted to judgment and by execution.","order_by":null,"text":{"0":{"id":278689,"text":"A surety, or his committee, or personal representative, in a bond, other than the bond of a commissioner or receiver, given under a decree or order of a court for the payment of money, if no suit be pending for the recovery thereof, may file his petition in the court which rendered or made the decree or order, or to which the case has been removed, for a bond of indemnity. The petition shall state that the petitioner has reason to believe that he, or the estate he represents, is likely to suffer pecuniary loss in consequence of such suretyship and the grounds of such belief and shall be verified by affidavit. Upon the filing of the petition and proof of reasonable notice to the principal in the bond and all the parties in interest, the court may require such indemnifying bond, with satisfactory sureties, to be given within a time to be prescribed. If such bond be given, it shall be with condition and shall bind the obligors therein to indemnify the sureties in the former bond against all loss or damage in consequence of such former bond. If such bond be not given, the court, on the request of such surety, personal representative or committee, if the money be due and payable, or whenever the same becomes due and payable, shall order suit to be brought for its recovery and prosecuted to judgment and by execution.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15053,"edition_id":1,"name":"Relief of Sureties","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13404,"metadata":{},"date_created":"2026-06-26 03:51:48","date_modified":"2026-06-26 03:51:48","permalink":{"id":233265,"object_type":"structure","relational_id":15053,"identifier":"3","token":"49\/3","url":"\/49\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13404,"edition_id":1,"name":"Oaths, Affirmations and Bonds","identifier":"49","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":233171,"object_type":"structure","relational_id":13404,"identifier":"49","token":"49","url":"\/49\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86695,"structure_id":15053,"section_number":"49-22","catch_line":"Sureties on official bonds","url":"\/49-22\/","token":"49\/3\/49-22","metadata":false},{"id":77695,"structure_id":15053,"section_number":"49-23","catch_line":"Surety on bond given under decree of court for payment of money","url":"\/49-23\/","token":"49\/3\/49-23","metadata":false},{"id":62268,"structure_id":15053,"section_number":"49-24","catch_line":"Failure of officer to give new bond","url":"\/49-24\/","token":"49\/3\/49-24","metadata":false},{"id":69561,"structure_id":15053,"section_number":"49-25","catch_line":"Surety may require creditor to sue","url":"\/49-25\/","token":"49\/3\/49-25","metadata":false},{"id":58769,"structure_id":15053,"section_number":"49-26","catch_line":"Effect of failure of creditor to sue","url":"\/49-26\/","token":"49\/3\/49-26","metadata":false},{"id":65238,"structure_id":15053,"section_number":"49-27","catch_line":"Surety's remedy against principal for money paid","url":"\/49-27\/","token":"49\/3\/49-27","metadata":false},{"id":66180,"structure_id":15053,"section_number":"49-28","catch_line":"Confession of judgment by surety or failure to notify principal to defend","url":"\/49-28\/","token":"49\/3\/49-28","metadata":false},{"id":57392,"structure_id":15053,"section_number":"49-29","catch_line":"Failure of principal to offer to defend suit against surety","url":"\/49-29\/","token":"49\/3\/49-29","metadata":false}],"previous_section":{"id":86695,"structure_id":15053,"section_number":"49-22","catch_line":"Sureties on official bonds","url":"\/49-22\/","token":"49\/3\/49-22","metadata":false},"next_section":{"id":62268,"structure_id":15053,"section_number":"49-24","catch_line":"Failure of officer to give new bond","url":"\/49-24\/","token":"49\/3\/49-24","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/49-23\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":233271,"object_type":"law","relational_id":77695,"identifier":"49-23","token":"49\/3\/49-23","url":"\/49-23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/49-23\/","token":"49\/3\/49-23","dublin_core":{"Title":"Surety on bond given under decree of court for payment of money","Type":"Text","Format":"text\/html","Identifier":"\u00a7 49-23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A surety<\/span>, or his committee, or personal representative, in a bond<\/span>, other than the bond<\/span> of a commissioner or receiver, given under a decree<\/span> or order<\/span> of a court<\/span> for the payment of money, if no suit be pending for the recovery thereof, may file his petition<\/span> in the court<\/span> which rendered or made the decree<\/span> or order<\/span>, or to which the case has been removed, for a bond<\/span> of indemnity. The petition<\/span> shall state that the petitioner has reason to believe that he, or the estate he represents, is likely to suffer pecuniary loss in consequence of such suretyship and the grounds of such belief and shall be verified by affidavit<\/span>. Upon the filing of the petition<\/span> and proof of reasonable notice to the principal in the bond<\/span> and all the parties in interest, the court<\/span> may require such indemnifying bond<\/span>, with satisfactory sureties, to be given within a time to be prescribed. If such bond<\/span> be given, it shall be with condition and shall bind the obligors therein to indemnify the sureties in the former bond<\/span> against all loss or damage in consequence of such former bond<\/span>. If such bond<\/span> be not given, the court<\/span>, on the request of such surety<\/span>, personal representative or committee, if the money be due and payable, or whenever the same becomes due and payable, shall order<\/span> suit to be brought for its recovery and prosecuted to judgment<\/span> and by execution.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURETY ON BOND GIVEN UNDER DECREE OF COURT FOR PAYMENT OF MONEY (\u00a7 49-23)\n\nA surety, or his committee, or personal representative, in a bond, other than\nthe bond of a commissioner or receiver, given under a decree or order of a court\nfor the payment of money, if no suit be pending for the recovery thereof, may\nfile his petition in the court which rendered or made the decree or order, or to\nwhich the case has been removed, for a bond of indemnity. The petition shall\nstate that the petitioner has reason to believe that he, or the estate he\nrepresents, is likely to suffer pecuniary loss in consequence of such suretyship\nand the grounds of such belief and shall be verified by affidavit. Upon the\nfiling of the petition and proof of reasonable notice to the principal in the\nbond and all the parties in interest, the court may require such indemnifying\nbond, with satisfactory sureties, to be given within a time to be prescribed. If\nsuch bond be given, it shall be with condition and shall bind the obligors\ntherein to indemnify the sureties in the former bond against all loss or damage\nin consequence of such former bond. If such bond be not given, the court, on the\nrequest of such surety, personal representative or committee, if the money be\ndue and payable, or whenever the same becomes due and payable, shall order suit\nto be brought for its recovery and prosecuted to judgment and by execution.\n\nHISTORY: Code 1919, \u00a7 5776.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}