                                 CODE OF VIRGINIA

RETURN OF PROPERTY TO DEFENDANT OR OTHER CLAIMANT (§ 8.01-116)

A. 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.

B. 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.

C. 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.

HISTORY: Code 1950, § 8-588; 1973, c. 408; 1977, c. 617; 1993, c. 841.