A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court which issued the execution. Such court, on the application of the plaintiff in the motion, may make an order staying the proceedings on the execution until the motion be heard and determined, the order not to be effectual until bond be given in such penalty and with such condition, and either with or without surety, as the court may prescribe. The clerk from whose office the execution issued, shall take the bond and make as many copies of the order as may be necessary and endorse thereon that the bond required has been given; and a copy shall be served on the plaintiff in the execution and on the officer in whose hands the execution is placed.
Code 1950, § 8-410; 1977, c. 617.
Notes of Decisions
Cited in
7
cases, 1986–2016 · leading case:
Barbuto v. S. Bank, 340 S.E.2d 813 (Va. 1986).
Barbuto v. S. Bank, 340 S.E.2d 813 (Va. 1986).
· cites it 4× “Code § 8.01-477 deals with motions to quash, the procedure employed by the petitioners in the present case.”
Reid v. Reid, 409 S.E.2d 155 (Va. Ct. App. 1991).
· cites it 2× “See generally Code §§ 8.01-477, 8.01-526, and 8.01-676.”
Virginia Broad. Corp. v. Harding, 46 Va. Cir. 285 (Albemarle Cir. Ct. 1998).
· cites it 4× “' Va. Code § 8.01-477 provides: A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court which issued the execution.”
Wick v. I.R.S. (In re Bhatti), 126 B.R. 229 (E.D. Va. 1991).
“In further support of its *231 position, the Bank refers to § 8.01-477 which provides a procedure under which an execution can be quashed.”
Reid v. Reid, 409 S.E.2d 155 (Va. Ct. App. 1991).
· cites it 2× “See generally, Code §§ 8.01-477, 8.01-526, and 8.01-676.”
PNC Bank, N.A. v. Yen, 92 Va. Cir. 331 (Fairfax Cir. Ct. 2016).
· cites it 2× “” Va. Code Ann. § 8.01-477 . As a general principle, “an execution can only issue on afinal judgment.”
Modular Wood Sys., Inc. v. World Trade Grp., L.L.P., 77 Va. Cir. 403 (Henrico Cir. Ct. 2009).
· cites it 2× “Hammond This matter initially came before this Court on a motion to quash a garnishment summons, pursuant to Virginia Code § 8.01-477, in case numbered CL08-2585.”
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