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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77695</law_id><section_number>49-23</section_number><catch_line>Surety on bond given under decree of court for payment of money</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="49">Oaths, Affirmations and Bonds</unit><unit label="chapter" level="2" order_by="1" identifier="3">Relief of Sureties</unit></structure><text>
						<section><p>A <span class="dictionary">surety</span>, or his committee, or personal representative, in a <span class="dictionary">bond</span>, other than the <span class="dictionary">bond</span> of a commissioner or receiver, given under a <span class="dictionary">decree</span> or <span class="dictionary">order</span> of a <span class="dictionary">court</span> for the payment of money, if no suit be pending for the recovery thereof, may file his <span class="dictionary">petition</span> in the <span class="dictionary">court</span> which rendered or made the <span class="dictionary">decree</span> or <span class="dictionary">order</span>, or to which the case has been removed, for a <span class="dictionary">bond</span> of indemnity. The <span class="dictionary">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 <span class="dictionary">affidavit</span>. Upon the filing of the <span class="dictionary">petition</span> and proof of reasonable notice to the principal in the <span class="dictionary">bond</span> and all the parties in interest, the <span class="dictionary">court</span> may require such indemnifying <span class="dictionary">bond</span>, with satisfactory sureties, to be given within a time to be prescribed. If such <span class="dictionary">bond</span> be given, it shall be with condition and shall bind the obligors therein to indemnify the sureties in the former <span class="dictionary">bond</span> against all loss or damage in consequence of such former <span class="dictionary">bond</span>. If such <span class="dictionary">bond</span> be not given, the <span class="dictionary">court</span>, on the request of such <span class="dictionary">surety</span>, personal representative or committee, if the money be due and payable, or whenever the same becomes due and payable, shall <span class="dictionary">order</span> suit to be brought for its recovery and prosecuted to <span class="dictionary">judgment</span> and by execution.</p></section></text><history>Code 1919, &#xA7; 5776.</history><metadata></metadata></law>
