Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 12. Interpleader; Claims of Third Parties to Property Distrained or Levied on, Etc. » Article 2. Claims of Third Parties to Property Distrained or Le
Virginia Code

Va. Code Ann. § 8.01-365 (2026)

How claim of third party tried

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When a writ of fieri facias issued from a circuit court, or a warrant of distress, is levied on property, or when a lien is acquired on money or other personal estate by virtue of § 8.01-501, and when some other person than the one against whom the process issued claims the property, money, other personal estate, or some part or the proceeds thereof, then either (i) the claimant, if such suspending bond as is hereinafter mentioned has been given, (ii) the officer having such process, if no indemnifying bond has been given, or (iii) the party who had the process issued, may apply to try the claim, by motion to the adverse party, to the circuit court of the county or city wherein the property, money, or other personal estate is located.

Code 1950, § 8-227; 1962, c. 10; 1977, c. 617.

Notes of Decisions
Cited in 9 cases, 1981–2006 · leading case: Barbuto v. S. Bank, 340 S.E.2d 813 (Va. 1986).
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Barbuto v. S. Bank, 340 S.E.2d 813 (Va. 1986). · cites it 6× “1 *67 Code § 8.01-365 mandates how third parties, strangers to the underlying judgment, shall proceed to litigate claims to property subjected to a levy.”
Young v. M-C Co., 37 Va. Cir. 204 (Shenandoah Cir. Ct. 1995). · cites it 9× “As pertinent here, the statute provides: “When a writ of fieri facias issued from a circuit court ... is levied on property ... and when some other person than the one *207 against whom the process issued claims the property.”
Int'l Fid. Ins. v. Ashland Lumber Co., 463 S.E.2d 664 (Va. 1995). · cites it 2× “Assuming, without deciding, that IFIC’s petition for intervention permits it to assert a claim to receive the funds, compare Rule 2:15 (procedure for intervening in equitable suits) with Code § 8.01-365 (procedure for filing third party claim to funds subject to writ of fieri…”
Virginia Broad. Corp. v. Harding, 46 Va. Cir. 285 (Albemarle Cir. Ct. 1998). · cites it 6× “Va. Code § 8.01-365 provides: When a writ of fieri facias issued from a circuit court, or a warrant of distress, is levied on property, or when a lien is acquired on money or other personal estate by virtue of § 8.”
Bank of Virginia v. Golubin & Warwick, Inc., 5 Va. Cir. 28 (Alexandria Cir. Ct. 1981). · cites it 2× “Section 8.01-365 of the Code of Virginia provides the exclusive method by which an interest can be claimed in attached property and under the provisions of this section the person whose property is attached is not entitled to claim an interest in the property on behalf of…”
Enter. Leasing Co. of Norfolk/Richmond v. Mepco, Inc. (In Re Mepco, Inc.), 276 B.R. 94 (Bankr. W.D. Va. 2001). “Indeed, Virginia provides an express statutory remedy to one other “than the one against whom the process issued” who claims the property levied on to execute a suspending bond and file a motion in a circuit court to determine the title to the property in dispute.”
Willston Centre P'ship v. Abdollazadh, 25 Va. Cir. 523 (Fairfax Cir. Ct. 1991). · cites it 2× “Code Section 8.01-365 et seq., Barbuto v. Southern Bank, 231 Va.”
Rapid Indus. Plastics Co. v. Am. Plastics, L.L.C., 70 Va. Cir. 267 (Richmond County Cir. Ct. 2006). · cites it 13× “At issue here is Rapid’s argument that Freedom lacks standing to intervene or otherwise be heard because it has failed to post the suspending bond set out in Va. Code § 8.01-365. After reviewing that section and other relevant provisions of the Code, case law, and arguments made…”
Koubek v. Jefferson Hotel Assocs. Ltd. P'ship, 16 Va. Cir. 105 (Richmond County Cir. Ct. 1989). “The suspending bond was posted, and JEFFCO filed its motion pursuant to § 8.01-365, asking the court to determine its claim.”
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