8.01-121 - Final judgment.
§ 8.01-121. Final judgment.
When final judgment is rendered on the trial of such detinue proceeding, thecourt shall dispose of the property or proceeds according to the rights ofthose entitled. When, in any such proceeding, the plaintiff prevails under acontract which, regardless of its form or express terms, was in fact made tosecure the payment of money to the plaintiff or his assignor, judgment shallbe for the recovery of the amount due the plaintiff thereunder or for thespecific property, and costs. The defendant shall have the election ofpaying the amount of such judgment or surrendering the specific property.The court may grant the defendant a reasonable time not exceeding thirtydays, within which to make the election upon such security being given as thecourt may deem sufficient. When the property involves an animal as defined in§ 3.2-6500, the court may order the return of the animal to the prevailingplaintiff without regard to any alternative method of recovery.
If the defendant elects to surrender the property as aforesaid, upon deliveryof the property to the plaintiff or repossession thereof by him, theplaintiff may proceed to sell the property in accordance with the applicableprovisions of the Uniform Commercial Code (Part 6 (§§ 8.9A-601 et seq.) ofTitle 8.9A) with all the rights and responsibilities therein provided.
(Code 1950, § 8-593; 1964, c. 219; 1977, c. 617; 1987, c. 1; 1993, c. 841.)