{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-116.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-116.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-116.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-116.html"}],"law_id":86542,"edition_id":1,"section_id":86542,"structure_id":15168,"section_number":"8.01-116","catch_line":"Return of property to defendant or other claimant","history":"Code 1950, \u00a7 8-588; 1973, c. 408; 1977, c. 617; 1993, c. 841.","full_text":"A\n\nSubject to the provisions of subsection B below, the defendant in any such proceeding, or any other person claiming title to the property so seized and taken possession of by the officer, may have such property returned to him at any time after such seizure upon executing a bond, with sufficient surety, to be approved by the officer, payable to the plaintiff, in a penalty at least double the estimated value of the property. The bond shall contain a condition to (i) pay all costs and damages which may be awarded against the defendant in the proceeding and all damages which may accrue to any person by reason of the return of the property to the defendant or the claimant and (ii) have the property forthcoming to answer any judgment or order of the court or judge respecting the same. The bond shall be delivered to the officer and returned by him to the office of the clerk. The officer, on receiving the bond, shall forthwith return the property taken by him to the defendant or any other person claiming title thereto or from whose possession it was taken.B\n\nIn any such proceeding, upon application of the defendant after reasonable notice to the plaintiff or his attorney, the judge of the court in which the proceeding is pending may order the property returned to the defendant upon such lesser security and upon such terms as in the nature of the case may be just and reasonable.C\n\nIf no bond or security is delivered to the officer after his seizing and taking possession of such property, the property, if in the hands of the officer, shall be kept by him. However, if the property is perishable or expensive to keep, it may be sold by order of the court in the same manner as if it were a sale under execution.","order_by":null,"text":{"0":{"id":309947,"text":"Subject to the provisions of subsection B below, the defendant in any such proceeding, or any other person claiming title to the property so seized and taken possession of by the officer, may have such property returned to him at any time after such seizure upon executing a bond, with sufficient surety, to be approved by the officer, payable to the plaintiff, in a penalty at least double the estimated value of the property. The bond shall contain a condition to (i) pay all costs and damages which may be awarded against the defendant in the proceeding and all damages which may accrue to any person by reason of the return of the property to the defendant or the claimant and (ii) have the property forthcoming to answer any judgment or order of the court or judge respecting the same. The bond shall be delivered to the officer and returned by him to the office of the clerk. The officer, on receiving the bond, shall forthwith return the property taken by him to the defendant or any other person claiming title thereto or from whose possession it was taken.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309948,"text":"In any such proceeding, upon application of the defendant after reasonable notice to the plaintiff or his attorney, the judge of the court in which the proceeding is pending may order the property returned to the defendant upon such lesser security and upon such terms as in the nature of the case may be just and reasonable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309949,"text":"If no bond or security is delivered to the officer after his seizing and taking possession of such property, the property, if in the hands of the officer, shall be kept by him. However, if the property is perishable or expensive to keep, it may be sold by order of the court in the same manner as if it were a sale under execution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15168,"edition_id":1,"name":"Detinue","identifier":"12","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":279731,"object_type":"structure","relational_id":15168,"identifier":"12","token":"8.01\/3\/12","url":"\/8.01\/3\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76199,"structure_id":15168,"section_number":"8.01-114","catch_line":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","url":"\/8.01-114\/","token":"8.01\/3\/12\/8.01-114","metadata":false},{"id":72122,"structure_id":15168,"section_number":"8.01-115","catch_line":"Bond required as prerequisite","url":"\/8.01-115\/","token":"8.01\/3\/12\/8.01-115","metadata":false},{"id":86542,"structure_id":15168,"section_number":"8.01-116","catch_line":"Return of property to defendant or other claimant","url":"\/8.01-116\/","token":"8.01\/3\/12\/8.01-116","metadata":false},{"id":72813,"structure_id":15168,"section_number":"8.01-117","catch_line":"Exceptions to sufficiency of bonds","url":"\/8.01-117\/","token":"8.01\/3\/12\/8.01-117","metadata":false},{"id":66174,"structure_id":15168,"section_number":"8.01-118","catch_line":"Repealed","url":"\/8.01-118\/","token":"8.01\/3\/12\/8.01-118","metadata":false},{"id":77279,"structure_id":15168,"section_number":"8.01-119","catch_line":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","url":"\/8.01-119\/","token":"8.01\/3\/12\/8.01-119","metadata":false},{"id":70436,"structure_id":15168,"section_number":"8.01-120","catch_line":"No verdict as to some items; omission of price or value","url":"\/8.01-120\/","token":"8.01\/3\/12\/8.01-120","metadata":false},{"id":74977,"structure_id":15168,"section_number":"8.01-121","catch_line":"Final judgment","url":"\/8.01-121\/","token":"8.01\/3\/12\/8.01-121","metadata":false},{"id":57774,"structure_id":15168,"section_number":"8.01-122","catch_line":"Charges for keeping property","url":"\/8.01-122\/","token":"8.01\/3\/12\/8.01-122","metadata":false},{"id":67170,"structure_id":15168,"section_number":"8.01-123","catch_line":"Recovery of damages sustained for property withheld during appeal","url":"\/8.01-123\/","token":"8.01\/3\/12\/8.01-123","metadata":false}],"previous_section":{"id":72122,"structure_id":15168,"section_number":"8.01-115","catch_line":"Bond required as prerequisite","url":"\/8.01-115\/","token":"8.01\/3\/12\/8.01-115","metadata":false},"next_section":{"id":72813,"structure_id":15168,"section_number":"8.01-117","catch_line":"Exceptions to sufficiency of bonds","url":"\/8.01-117\/","token":"8.01\/3\/12\/8.01-117","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-116\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 408; in 1977, chapter 617; in 1993, chapter 841.<\/p>","references":[{"id":77279,"section_number":"8.01-119","catch_line":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","order_by":null,"url":"\/8.01-119\/"}],"refers_to":false,"permalink":{"id":279741,"object_type":"law","relational_id":86542,"identifier":"8.01-116","token":"8.01\/3\/12\/8.01-116","url":"\/8.01-116\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-116\/","token":"8.01\/3\/12\/8.01-116","dublin_core":{"Title":"Return of property to defendant or other claimant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-116","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to the provisions of subsection B below, the defendant<\/span> in any such proceeding, or any other person<\/span> claiming title to the property so seized and taken possession<\/span> of by the officer, may have such property returned to him at any time after such seizure upon executing a bond<\/span>, with sufficient surety<\/span>, to be approved by the officer, payable to the plaintiff<\/span>, in a penalty<\/span> at least double the estimated value of the property. The bond<\/span> shall contain a condition to (i) pay all costs and damages<\/span> which may be awarded against the defendant<\/span> in the proceeding and all damages<\/span> which may accrue to any person<\/span> by reason of the return of the property to the defendant<\/span> or the claimant and (ii) have the property forthcoming to answer any judgment<\/span> or order<\/span> of the court<\/span> or judge<\/span> respecting the same. The bond<\/span> shall be delivered to the officer and returned by him to the office of the clerk. The officer, on receiving the bond<\/span>, shall forthwith return the property taken by him to the defendant<\/span> or any other person<\/span> claiming title thereto or from whose possession<\/span> it was taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any such proceeding, upon application of the defendant<\/span> after reasonable notice to the plaintiff<\/span> or his attorney, the judge<\/span> of the court<\/span> in which the proceeding is pending may order<\/span> the property returned to the defendant<\/span> upon such lesser security and upon such terms as in the nature of the case may be just and reasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If no bond<\/span> or security is delivered to the officer after his seizing and taking possession<\/span> of such property, the property, if in the hands of the officer, shall be kept by him. However, if the property is perishable or expensive to keep, it may be sold by order<\/span> of the court<\/span> in the same manner as if it were a sale under execution. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETURN OF PROPERTY TO DEFENDANT OR OTHER CLAIMANT (\u00a7 8.01-116)\n\nA. Subject to the provisions of subsection B below, the defendant in any such\nproceeding, or any other person claiming title to the property so seized and\ntaken possession of by the officer, may have such property returned to him at\nany time after such seizure upon executing a bond, with sufficient surety, to be\napproved by the officer, payable to the plaintiff, in a penalty at least double\nthe estimated value of the property. The bond shall contain a condition to (i)\npay all costs and damages which may be awarded against the defendant in the\nproceeding and all damages which may accrue to any person by reason of the\nreturn of the property to the defendant or the claimant and (ii) have the\nproperty forthcoming to answer any judgment or order of the court or judge\nrespecting the same. The bond shall be delivered to the officer and returned by\nhim to the office of the clerk. The officer, on receiving the bond, shall\nforthwith return the property taken by him to the defendant or any other person\nclaiming title thereto or from whose possession it was taken.\n\nB. In any such proceeding, upon application of the defendant after reasonable\nnotice to the plaintiff or his attorney, the judge of the court in which the\nproceeding is pending may order the property returned to the defendant upon such\nlesser security and upon such terms as in the nature of the case may be just and\nreasonable.\n\nC. If no bond or security is delivered to the officer after his seizing and\ntaking possession of such property, the property, if in the hands of the\nofficer, shall be kept by him. However, if the property is perishable or\nexpensive to keep, it may be sold by order of the court in the same manner as if\nit were a sale under execution.\n\nHISTORY: Code 1950, \u00a7 8-588; 1973, c. 408; 1977, c. 617; 1993, c. 841.","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}}