{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-114.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-114.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-114.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-114.html"}],"law_id":76199,"edition_id":1,"section_id":76199,"structure_id":15168,"section_number":"8.01-114","catch_line":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","history":"Code 1950, \u00a7 8-586; 1973, c. 408; 1974, c. 122; 1977, c. 617; 1978, c. 403; 1986, c. 341; 1993, c. 841.","full_text":"A\n\nA proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment if pretrial seizure is not sought at the time of filing.\n\t\t\tA petition in detinue for pretrial seizure pursuant to this article may be filed either to commence the detinue proceeding or may be filed during the pendency of a detinue proceeding which commenced on a warrant or motion for judgment. If a petition is filed, it shall:1\n\nDescribe the kind, quantity and estimated fair market value of the specific personal property as to which plaintiff seeks possession;2\n\nDescribe the basis of the plaintiff’s claim of entitlement to recover the property, with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and, if based on a contract to secure the payment of money, the amount due on such contract; and3\n\nAllege one or more of the grounds mentioned in § 8.01-534 and set forth specific facts in support of such allegation. Further, if a petition is filed, a judge, or a magistrate appointed pursuant to Article 3 (§ 19.2-33 et seq.) of Chapter 3 of Title 19.2, may issue an order or other process directed to the sheriff or other proper officer, as the case may be, commanding him to seize the property for the recovery of which such action or warrant is brought, or a specified portion thereof, and deliver same to the plaintiff pendente lite under the circumstances hereinafter set forth.B\n\nThe judge or the magistrate may issue such an order or other process in accordance with the prayer of the petition after an ex parte review of the petition only upon a determination that: (i) the petition conforms with subsection A and (ii) there is reasonable cause to believe that the grounds for detinue seizure described in the petition exist. The plaintiff praying for an order shall, at the time that he files his petition, pay the proper costs, fees and taxes, and in the event of his failure to do so, the order shall not be issued.C\n\nThe judge or magistrate, as the case may be, may receive evidence only in the form of a sworn petition which shall be filed with the papers in the cause.D\n\nThe order commanding the seizure of property shall be issued and served together with the form for requesting a hearing on a claim of exemption from seizure as provided in § 8.01-546.1. The order shall be issued and returned as provided in § 8.01-541 and may be issued or executed on any day, including a Saturday, Sunday or other legal holiday. Service shall be in accordance with the methods described in § 8.01-487.1. The provisions of § 8.01-546.2 shall govern claims for exemption.","order_by":null,"text":{"0":{"id":273639,"text":"A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment if pretrial seizure is not sought at the time of filing.\n\t\t\tA petition in detinue for pretrial seizure pursuant to this article may be filed either to commence the detinue proceeding or may be filed during the pendency of a detinue proceeding which commenced on a warrant or motion for judgment. If a petition is filed, it shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":273640,"text":"Describe the kind, quantity and estimated fair market value of the specific personal property as to which plaintiff seeks possession;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":273641,"text":"Describe the basis of the plaintiff’s claim of entitlement to recover the property, with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and, if based on a contract to secure the payment of money, the amount due on such contract; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":273642,"text":"Allege one or more of the grounds mentioned in § 8.01-534 and set forth specific facts in support of such allegation. Further, if a petition is filed, a judge, or a magistrate appointed pursuant to Article 3 (§ 19.2-33 et seq.) of Chapter 3 of Title 19.2, may issue an order or other process directed to the sheriff or other proper officer, as the case may be, commanding him to seize the property for the recovery of which such action or warrant is brought, or a specified portion thereof, and deliver same to the plaintiff pendente lite under the circumstances hereinafter set forth.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":273643,"text":"The judge or the magistrate may issue such an order or other process in accordance with the prayer of the petition after an ex parte review of the petition only upon a determination that: (i) the petition conforms with subsection A and (ii) there is reasonable cause to believe that the grounds for detinue seizure described in the petition exist. The plaintiff praying for an order shall, at the time that he files his petition, pay the proper costs, fees and taxes, and in the event of his failure to do so, the order shall not be issued.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":273644,"text":"The judge or magistrate, as the case may be, may receive evidence only in the form of a sworn petition which shall be filed with the papers in the cause.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":273645,"text":"The order commanding the seizure of property shall be issued and served together with the form for requesting a hearing on a claim of exemption from seizure as provided in § 8.01-546.1. The order shall be issued and returned as provided in § 8.01-541 and may be issued or executed on any day, including a Saturday, Sunday or other legal holiday. Service shall be in accordance with the methods described in § 8.01-487.1. The provisions of § 8.01-546.2 shall govern claims for exemption.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15168,"edition_id":1,"name":"Detinue","identifier":"12","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":279731,"object_type":"structure","relational_id":15168,"identifier":"12","token":"8.01\/3\/12","url":"\/8.01\/3\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76199,"structure_id":15168,"section_number":"8.01-114","catch_line":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","url":"\/8.01-114\/","token":"8.01\/3\/12\/8.01-114","metadata":false},{"id":72122,"structure_id":15168,"section_number":"8.01-115","catch_line":"Bond required as prerequisite","url":"\/8.01-115\/","token":"8.01\/3\/12\/8.01-115","metadata":false},{"id":86542,"structure_id":15168,"section_number":"8.01-116","catch_line":"Return of property to defendant or other claimant","url":"\/8.01-116\/","token":"8.01\/3\/12\/8.01-116","metadata":false},{"id":72813,"structure_id":15168,"section_number":"8.01-117","catch_line":"Exceptions to sufficiency of bonds","url":"\/8.01-117\/","token":"8.01\/3\/12\/8.01-117","metadata":false},{"id":66174,"structure_id":15168,"section_number":"8.01-118","catch_line":"Repealed","url":"\/8.01-118\/","token":"8.01\/3\/12\/8.01-118","metadata":false},{"id":77279,"structure_id":15168,"section_number":"8.01-119","catch_line":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","url":"\/8.01-119\/","token":"8.01\/3\/12\/8.01-119","metadata":false},{"id":70436,"structure_id":15168,"section_number":"8.01-120","catch_line":"No verdict as to some items; omission of price or value","url":"\/8.01-120\/","token":"8.01\/3\/12\/8.01-120","metadata":false},{"id":74977,"structure_id":15168,"section_number":"8.01-121","catch_line":"Final judgment","url":"\/8.01-121\/","token":"8.01\/3\/12\/8.01-121","metadata":false},{"id":57774,"structure_id":15168,"section_number":"8.01-122","catch_line":"Charges for keeping property","url":"\/8.01-122\/","token":"8.01\/3\/12\/8.01-122","metadata":false},{"id":67170,"structure_id":15168,"section_number":"8.01-123","catch_line":"Recovery of damages sustained for property withheld during appeal","url":"\/8.01-123\/","token":"8.01\/3\/12\/8.01-123","metadata":false}],"next_section":{"id":72122,"structure_id":15168,"section_number":"8.01-115","catch_line":"Bond required as prerequisite","url":"\/8.01-115\/","token":"8.01\/3\/12\/8.01-115","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-114\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 408; in 1974, chapter 122; in 1977, chapter 617; in 1978, chapter 403; in 1986, chapter 341; in 1993, chapter 841.<\/p>","references":[{"id":77279,"section_number":"8.01-119","catch_line":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","order_by":null,"url":"\/8.01-119\/"}],"refers_to":[{"id":86059,"section_number":"19.2-33","catch_line":"Office of magistrate","order_by":null,"url":"\/19.2-33\/"},{"id":81257,"section_number":"8.01-487.1","catch_line":"Officer to leave copy of writ where levy made","order_by":null,"url":"\/8.01-487.1\/"},{"id":76538,"section_number":"8.01-534","catch_line":"Grounds of action for pretrial levy or seizure of attachment","order_by":null,"url":"\/8.01-534\/"},{"id":62291,"section_number":"8.01-541","catch_line":"To whom attachments directed; when and where returned","order_by":null,"url":"\/8.01-541\/"},{"id":60572,"section_number":"8.01-546.1","catch_line":"Exemption claims form","order_by":null,"url":"\/8.01-546.1\/"},{"id":70354,"section_number":"8.01-546.2","catch_line":"Hearing on claim of exemption from levy or seizure","order_by":null,"url":"\/8.01-546.2\/"}],"permalink":{"id":279733,"object_type":"law","relational_id":76199,"identifier":"8.01-114","token":"8.01\/3\/12\/8.01-114","url":"\/8.01-114\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-114\/","token":"8.01\/3\/12\/8.01-114","dublin_core":{"Title":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-114","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff<\/span> may be brought on a warrant or motion for judgment<\/span> if pretrial seizure is not sought at the time of filing.\n\t\t\tA petition<\/span> in detinue for pretrial seizure pursuant to this article may be filed either to commence the detinue proceeding or may be filed during the pendency of a detinue proceeding which commenced on a warrant or motion for judgment<\/span>. If a petition<\/span> is filed, it shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Describe the kind, quantity and estimated fair market value of the specific personal property as to which plaintiff<\/span> seeks possession<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Describe the basis of the plaintiff<\/span>’s claim of entitlement to recover the property, with such certainty as will give the adverse party<\/span> reasonable notice of the true nature of the claim and the particulars thereof and, if based on a contract<\/span> to secure the payment of money, the amount due on such contract<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Allege one or more of the grounds mentioned in § 8.01-534<\/a> and set forth specific facts<\/span> in support of such allegation<\/span>. Further, if a petition<\/span> is filed, a judge<\/span>, or a magistrate<\/span> appointed pursuant to Article 3 (§ 19.2-33<\/a> et seq.) of Chapter 3 of Title 19.2, may issue<\/span> an order<\/span> or other process directed to the sheriff<\/span> or other proper officer, as the case may be, commanding him to seize the property for the recovery of which such action<\/span> or warrant is brought, or a specified portion thereof, and deliver same to the plaintiff<\/span> pendente lite<\/span> under the circumstances hereinafter set forth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The judge<\/span> or the magistrate<\/span> may issue<\/span> such an order<\/span> or other process in accordance with the prayer of the petition<\/span> after an ex parte<\/span> review of the petition<\/span> only upon a determination that: (i) the petition<\/span> conforms with subsection A and (ii) there is reasonable cause to believe that the grounds for detinue seizure described in the petition<\/span> exist. The plaintiff<\/span> praying for an order<\/span> shall, at the time that he files his petition<\/span>, pay the proper costs, fees and taxes, and in the event of his failure to do so, the order<\/span> shall not be issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The judge<\/span> or magistrate<\/span>, as the case may be, may receive evidence<\/span> only in the form of a sworn petition<\/span> which shall be filed with the papers in the cause. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The order<\/span> commanding the seizure of property shall be issued and served together with the form for requesting a hearing<\/span> on a claim of exemption from seizure as provided in § 8.01-546.1<\/a>. The order<\/span> shall be issued and returned as provided in § 8.01-541<\/a> and may be issued or executed on any day, including a Saturday, Sunday or other legal holiday. Service shall be in accordance with the methods described in § 8.01-487.1<\/a>. The provisions of § 8.01-546.2<\/a> shall govern claims for exemption. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN PROPERTY TO BE TAKEN BY OFFICER; SUMMARY OF EVIDENCE, AFFIDAVITS AND REPORT\nTO BE FILED (\u00a7 8.01-114)\n\nA. A proceeding in detinue to recover personal property unlawfully withheld from\nthe plaintiff may be brought on a warrant or motion for judgment if pretrial\nseizure is not sought at the time of filing.\n\t\t\tA petition in detinue for pretrial seizure pursuant to this article may be\nfiled either to commence the detinue proceeding or may be filed during the\npendency of a detinue proceeding which commenced on a warrant or motion for\njudgment. If a petition is filed, it shall:\n\n 1. Describe the kind, quantity and estimated fair market value of the specific\n personal property as to which plaintiff seeks possession;\n\n 2. Describe the basis of the plaintiff’s claim of entitlement to recover\n the property, with such certainty as will give the adverse party reasonable\n notice of the true nature of the claim and the particulars thereof and, if\n based on a contract to secure the payment of money, the amount due on such\n contract; and\n\n 3. Allege one or more of the grounds mentioned in § 8.01-534 and set\n forth specific facts in support of such allegation. Further, if a petition is\n filed, a judge, or a magistrate appointed pursuant to Article 3 (§\n 19.2-33 et seq.) of Chapter 3 of Title 19.2, may issue an order or other\n process directed to the sheriff or other proper officer, as the case may be,\n commanding him to seize the property for the recovery of which such action or\n warrant is brought, or a specified portion thereof, and deliver same to the\n plaintiff pendente lite under the circumstances hereinafter set forth.\n\nB. The judge or the magistrate may issue such an order or other process in\naccordance with the prayer of the petition after an ex parte review of the\npetition only upon a determination that: (i) the petition conforms with\nsubsection A and (ii) there is reasonable cause to believe that the grounds for\ndetinue seizure described in the petition exist. The plaintiff praying for an\norder shall, at the time that he files his petition, pay the proper costs, fees\nand taxes, and in the event of his failure to do so, the order shall not be\nissued.\n\nC. The judge or magistrate, as the case may be, may receive evidence only in the\nform of a sworn petition which shall be filed with the papers in the cause.\n\nD. The order commanding the seizure of property shall be issued and served\ntogether with the form for requesting a hearing on a claim of exemption from\nseizure as provided in § 8.01-546.1. The order shall be issued and returned\nas provided in § 8.01-541 and may be issued or executed on any day,\nincluding a Saturday, Sunday or other legal holiday. Service shall be in\naccordance with the methods described in § 8.01-487.1. The provisions of\n§ 8.01-546.2 shall govern claims for exemption.\n\nHISTORY: Code 1950, \u00a7 8-586; 1973, c. 408; 1974, c. 122; 1977, c. 617; 1978, c.\n403; 1986, c. 341; 1993, c. 841.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}