In any case of goods and chattels which an officer shall distrain or levy on, otherwise than under an attachment, or which he may be directed to sell by an order of a court, unless such order prescribe a different course, the officer shall fix upon a time and place for the sale thereof and post notice of the same at least ten days before the day of sale at some place near the residence of the owner if he reside in the county or city and at two or more public places in the officer's county or city. If the goods and chattels be expensive to keep or perishable, the court from whose clerk's office the writ of fieri facias or the distress warrant was issued under which the seizure is made, or if the distress warrant was issued by a clerk, the court of which he is a clerk, may order a sale of the property seized under fieri facias or distress warrant to be made upon such notice less than ten days as to such court may seem proper. At the time and place so appointed, such officer shall sell to the highest bidder, for cash, such goods and chattels, or so much thereof as may be necessary.
Code 1950, § 8-422.1; 1962, c. 10; 1977, c. 617.
Notes of Decisions
Mfrs. Hanover Trust Co. v. Koubek, 396 S.E.2d 669 (Va. 1990).
· cites it 10× “” The trial court, however, denied the injunction, ruling from the bench that Code § 8.01-492 did not require notice to be given to Manufacturers Hanover, that the posting of notice undertaken by the sheriff complied with the notice provisions of that statute, and, therefore,…”
Am. Civil Liberties Union v. Andrews, 24 Va. Cir. 443 (Richmond County Cir. Ct. 1991).
· cites it 4× “In Koubek , the Supreme Court held that a sheriff’s sale conducted pursuant to Va. Code § 8.01-492 was not a public sale because two of the parties to the underlying action had agreed before the sale how much would be paid for the property and because the sale was held in a…”
Johnson v. Spotsylvania Mini-Warehouse Assocs., 24 Va. Cir. 372 (Spotsylvania Cir. Ct. 1991).
· cites it 4× “276 (1990), the Court voided a sheriff’s sale conducted under Virginia Code § 8.01-492, notwithstanding the fact that the statutory requirements of notice and advertising had been met, because the sale actually was private rather than public, and the parties, with the sheriff’s…”
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