17.1-607 - Security for costs upon suit by nonresident. - Virginia Statutes

§ 17.1-607. Security for costs upon suit by nonresident.

In any suit or action, except when an indigent is plaintiff, there may be asuggestion on the record in court, or, if the case be at rules, on the ruledocket, by a defendant, or any officer of the court, that the plaintiff isnot a resident of this Commonwealth and the security is required of him.After sixty days from such suggestion, the suit or action shall, by order ofthe court, be dismissed, unless, before the dismissal, it is proven thatplaintiff is a resident of the Commonwealth or security be given before thecourt, or its clerk, for the payment of the costs and damages in the court inwhich the suit or action is instituted which may be awarded to the defendant,and of the fees due, or to become due, in such suit or action to the officersof the court. The security shall be by bond, payable to the Commonwealth, butthere need only be one obligor therein, if he be sufficient and a resident ofthe Commonwealth. The court before whom, or before whose clerk, such bond isgiven, may, on motion by a defendant or officer, give judgment for so much ashe is entitled to by virtue of such bond.

(Code 1950, § 14-182; 1964, c. 386, § 14.1-185; 1998, c. 872.)