The material provided at the below Evictions Process Overview link is meant only as an example and a general overview of the eviction process. This information shall not be considered legal advice. Each situation is different and no one explanation can cover every situation. For specific information, please consult the Code of Virginia, or for legal advice please consult an attorney.
Winning a case in court is only the beginning of the process for collection of money that is owed to a plaintiff by the debtor. Unfortunately, in most cases the debtor does not normally pay up once the plaintiff has won. Therefore, it is up to the plaintiff to pursue the legal avenues available to them.
All Virginia Paper Service is $12.00. Out-of-state paper service is $75.00.
The Sheriff from time-to-time will hold sales/auctions for a variety of reasons: cleaning out the office, satisfying a levy, or liquidating seized property.
These sales will always be advertised and updated on this web page.
In as much as it is the Sheriff's duty to protect both the plaintiff and defendant, they have the right to refuse a bid if it is determined to be unreasonable. The Sheriff cannot tell bidders what they believes is a reasonable bid. This is to encourage bidders to bid what they believe to be a fair market value of the property offered for sale.
Guidelines for Sheriff’s Sale
- Anyone may bid at a Sheriff's sale, except employees and relatives of employees of any constitutional officer in the Commonwealth of Virginia. This includes the plaintiff and defendant.
- The sale will take place where the property is stored. This could be a storage facility, the residence of the defendant, or on the courthouse steps. The location will be clearly advertised.
- The terms of the sale will vary from sale to sale. Therefore, it is important the bidder listens carefully when the terms of the sale are announced. The following are some of the consistent terms:
- Everything is sold "As Is". No warranties apply.
- Everything is sold subject to any and all liens.
- Everything is sold to the highest bidder for cash.
- The property must be removed at the conclusion of the sale. Therefore, if moving arrangements need to be made, the bidder should give this some thought before bidding.
- Any person who bids on property but fails to pay at the conclusion of the sale is liable for any difference if the property re-sales for a lower amount at another auction.
- All bids must be reasonable and the Deputy or Sheriff reserves the right to refuse a bid, which is considered unreasonable.
There are many reasons a Sheriff's sale may be canceled or postponed. Bidders would be wise to call our office at (540) 667-5770 the morning of the scheduled sale to inquire if it has been canceled.
There are many steps to the levy process. This is not a fast remedy to collecting a debt. However, it certainly can be effective, and in some cases, swift. The key is to provide the Sheriff with as much information as possible about the defendant and calling the office when you have questions. Please be reminded that the Sheriff cannot give legal advice but will certainly be glad to guide a person through the policies and process.
The next Sheriff's sale date has not been scheduled. Check back for updates.