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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61708</law_id><section_number>8.01-370</section_number><catch_line>Claimant may give suspending bond; proceedings to have title settled; action on indemnifying or suspending bond</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>8.01-367</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="12">Interpleader; Claims of Third Parties to Property Distrained or Levied On, Etc</unit><unit label="article" level="3" order_by="1" identifier="2">Claims of Third Parties to Property Distrained or Levied on</unit></structure><text>
						<section><p>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 <span class="dictionary">bond</span>, with good security, in a <span class="dictionary">penalty</span> equal to double the value thereof, payable to such officer, with condition to pay to all <span class="dictionary">persons</span> who may be injured by suspending the sale thereof, until the claim thereto is adjudicated or otherwise adjusted, such damage as they may <span class="dictionary">sustain</span> by such suspension. If the property claimed to be liable by virtue of such process is in the <span class="dictionary">possession</span> of any of the parties against whom such process was issued, but is claimed by any other <span class="dictionary">person</span>, or is claimed to belong to any other <span class="dictionary">person</span>, the officer having such process in his hands to be executed shall, whether an indemnifying <span class="dictionary">bond</span> 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 <span class="dictionary">bond</span> aforesaid, and shall within thirty days after such <span class="dictionary">bond</span> 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 <span class="dictionary">bond</span>, or having given such <span class="dictionary">bond</span> 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 <span class="dictionary">person</span> making a claim of ownership of property on behalf of another shall be deemed to be the latter&#x2019;s agent, and the notice required by this section may be verbal or in writing. Upon any such indemnifying or suspending <span class="dictionary">bond</span> as is mentioned in this section or &#xA7;&#xA0;<a class="law" title="Effect of such bond" href="/8.01-369/">8.01-369</a> an <span class="dictionary">action</span> may be prosecuted in the name of the officer for the benefit of the claimant, <span class="dictionary">creditor</span>, purchaser, or other <span class="dictionary">person</span> injured, and such <span class="dictionary">damages</span> recovered in such <span class="dictionary">action</span> as a <span class="dictionary">jury</span> may assess. The <span class="dictionary">action</span> may be prosecuted and a <span class="dictionary">writ of fieri facias</span> had in the name of such officer when he is dead in like manner as if he were alive.</p></section></text><history>Code 1950, &#xA7; 8-232; 1977, c. 617.</history><metadata></metadata></law>
