Virginia Appeal Bond

Bond Penalty: Amount of Judgment + Costs of Court

In the Commonwealth of Virginia, a defendant that takes an adverse verdict is allowed the opportunity to appeal (an appeal of right). Simply filing a notice of appeal does NOT however restrain a judgment creditor from pursuing collection of the underlying judgment. A Virginia appeal bond must be filed and approved by the court to stay execution (collection) on the judgment.

Appeal bonds are addressed under §8.01-676.1 of the Code of Virginia, and its subsections. Titled, "Security for appeal," the requirements are generally as follows:

  1. A party filing a notice of an appeal of right to the Court of Appeals shall simultaneously file an appeal bond in the penalty of $500, or such sum as the trial court may require, subject to subsection E, conditioned upon paying all costs and fees incurred in the Court of Appeals and the Supreme Court if it takes cognizance of the claim. If the appellant wishes suspension of execution, the security shall also be conditioned and shall be in such sum as the trial court may require as provided in subsection C.
  2. An appellant whose petition for appeal is granted by the Court of Appeals or the Supreme Court shall (if he has not done so) within 15 days from the date of the Certificate of Appeal file an appeal bond in the same penalty as provided in subsection A, conditioned on the payment of all damages, costs, and fees incurred in the Court of Appeals and in the Supreme Court.
  3. An appellant who wishes execution of the judgment or award from which an appeal is sought to be suspended during the appeal shall, subject to the provisions of subsection J, file a suspending bond conditioned upon the performance or satisfaction of the judgment and payment of all damages incurred in consequence of such suspension, and except as provided in subsection D, execution shall be suspended upon the filing of such security and the timely prosecution of such appeal. Such security shall be continuing and additional security shall not be necessary except as to any additional amount which may be added or to any additional requirement which may be imposed by the courts.

The surety company must be approved by the court in which the Virginia appeal bond is filed. The Code authorizes the Supreme Court to approve the specific wording which the surety bond must follow and must be published in the "Rules of Court." The appeal bond penalty must likewise conform to the statute which offers a formula for determining said penalty. "(J.) In any civil litigation under any legal theory, the amount of the suspending bond to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of appellate review by any courts shall be set in accordance with applicable laws or court rules, and the amount of the suspending bond shall include an amount equivalent to one year's interest calculated from the date of the notice of appeal in accordance with §8.01-682. However, the total suspending bond that is required of an appellant and all of its affiliates shall not exceed $25 million, regardless of the value of the judgment.

Obtaining a Virginia appeal bond quote is simple. We request a complete judicial bond application and a copy of the entry of judgment. Underwriting of appeal bonds should be accomplished by a surety bond underwriter with knowledge of judicial obligations and local court rules. Virginia surety bond leader SuretyOne.com specializes in court bonds. A Virginia appeal bond application is reviewed and responded to within one hour of receipt. We are the most agile appeal bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a live chat with an underwriter for further information or to discuss your particular need.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of complaint and entry of judgment