# Va. Code Ann. § 8.01-116: Return of property to defendant or other claimant

> Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-116

## Section

- **Citation:** Va. Code Ann. § 8.01-116
- **Heading:** Return of property to defendant or other claimant
- **Jurisdiction:** Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Virginia Code / Title 8.01 / Chapter 3 / Article 12 / Section 8.01-116

## Text

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.

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

## Nearby sections

- [Va. Code Ann. § 8.01-114 When property to be taken by officer; summary of evidence, affidavits and report to be filed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-114.md)
- [Va. Code Ann. § 8.01-115 Bond required as prerequisite](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-115.md)
- [Va. Code Ann. § 8.01-116 Return of property to defendant or other claimant](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-116.md)
- [Va. Code Ann. § 8.01-117 Exceptions to sufficiency of bonds](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-117.md)
- [Va. Code Ann. § 8.01-118 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-118.md)
- [Va. Code Ann. § 8.01-119 Hearing to review issuance of order or process under § 8.01-114 or to consider request for such order or process](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-119.md)
- [Va. Code Ann. § 8.01-120 No verdict as to some items; omission of price or value](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-120.md)
- [Va. Code Ann. § 8.01-121 Final judgment](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-121.md)
- [Va. Code Ann. § 8.01-122 Charges for keeping property](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-122.md)
- [Va. Code Ann. § 8.01-123 Recovery of damages sustained for property withheld during appeal](https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-123.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T8.01_C3_A12_S8.01-116. Check the current official text before relying on it. Not legal advice.