Virginia Code

Va. Code Ann. § 17.1-607 (2026)

Security for costs upon suit by nonresident

✓ current as of May 2026

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In any plaintiff's suit or action by a nonresident of the Commonwealth, except when such plaintiff is indigent, upon motion by any party to such suit or action and for good cause shown, the court may order that the plaintiff post security within 60 days following entry of such order in an amount determined to be sufficient by such court but not exceeding $250 for the payment of costs in the court in which the suit or action is instituted and that may be awarded to the defendant. Any security so given may be by (i) payment to the moving party or his counsel, who shall hold such payment in trust in an interest-bearing account for the benefit of the prevailing party in such suit or action; (ii) payment into the court pursuant to § 8.01-600; or (iii) bond, payable to the Commonwealth, but there need only be one obligor therein, if such obligor be sufficient and a resident of the Commonwealth. The court before whom, or before whose clerk, such bond or other payment made pursuant to this section is given, may, on motion by a defendant or officer, give judgment for so much as he is entitled to by virtue of such bond or other payment made pursuant to this section.

As used in this section, the term "plaintiff" shall also apply to a counterclaim plaintiff, cross-claim plaintiff, or third-party plaintiff, and the term "defendant" shall also apply to a counterclaim defendant, cross-claim defendant, or third-party defendant.

Code 1950, § 14-182; 1964, c. 386, § 14.1-185; 1998, c. 872; 2024, c. 745.

Notes of Decisions

Cited in 2 cases, 2006–2018 · leading case: Clement v. Durban, 32 N.Y.3d 337 (NY 2018).

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Clement v. Durban, 32 N.Y.3d 337 (NY 2018). “…Stat 5/5-101; Iowa Code Ann § 621.1; Me Rev Stat Ann tit 14, § 601; Miss R Civ Pro 3 [b]; NJ Stat Ann § 2A:15-67; Va Code Ann § 17.1-607; DC Code Ann § 15-703; 7 Guam Code Ann § 26616). Specifically, New York's directive, contained primarily in section 8501 (a) of the CPLR,…”

Torres v. Dixon, 72 Va. Cir. 209 (Fairfax Cir. Ct. 2006). · cites it 8× “Bellows The present matter before the Court is the determination of the amount of the nonresident bond which should be imposed on the plaintiff according to Va. Code Ann. § 17.1-607 (2006). The Court has received the parties’ supplemental memoranda of law and supporting…”

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