{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-119.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-119.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-119.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-119.html"}],"law_id":77279,"edition_id":1,"section_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","history":"Code 1950, \u00a7 8-591; 1973, c. 408; 1977, c. 617; 1986, c. 341; 1993, c. 841.","full_text":"A\n\nWithin thirty days after the issuance of any ex parte order or process pursuant to § 8.01-114, or promptly upon application of either party, and in either event after reasonable notice, the court in which such proceeding is pending shall conduct a hearing to review the decision to issue the order or other process described in § 8.01-114, or to consider the request of the plaintiff for issuance of such order or other process, whether or not the plaintiff has attempted to previously obtain an order pursuant to § 8.01-114. The hearing may be combined with a prompt hearing held pursuant to § 8.01-546.2 on an exemption claimed or a trial on the merits or both. If combined with a hearing on an exemption claim, the hearing shall be conducted within ten business days of the filing of the request for a hearing. If the plaintiff gives reasonable notice of his intention to apply for such an order or process before the court, such hearing may be on the return day of the warrant. Evidence may be presented in the same manner as in subsection B of § 8.01-114.B\n\nAt the conclusion of the hearing, if the evidence establishes the facts set forth in subdivision 1 of subsection A of § 8.01-114, and the court is satisfied from the evidence that (i) one or more of the grounds set forth in § 8.01-534 exist, (ii) there is good reason to believe that the defendant is insolvent, so that any recovery against him for the alternate value of the property and for damages and costs will probably prove unavailing, or (iii) the plaintiff may suffer other irreparable harm if his request is denied, and if it further appears to the court that there is a substantial likelihood that the plaintiff’s allegations will be sustained at the trial, then the court shall issue the order or other process requested by the plaintiff, or let stand an order issued in the cause pursuant to § 8.01-114.\n\t\t\tIf the decision of the court is in favor of the defendant, the former order or process issued in the cause shall be abated and the property returned to the possession of the person from whom it was taken to abide the final trial of the action or warrant. Proof of insolvency as grounds for possession of goods by the plaintiff shall not be introduced for purposes of affirming a prior ex parte order, but only upon an initial application for possession after reasonable notice.C\n\nIssuance of any order or process pursuant to this section shall be subject to the provisions of §§ 8.01-115 and 8.01-116.","order_by":null,"text":{"0":{"id":277194,"text":"Within thirty days after the issuance of any ex parte order or process pursuant to § 8.01-114, or promptly upon application of either party, and in either event after reasonable notice, the court in which such proceeding is pending shall conduct a hearing to review the decision to issue the order or other process described in § 8.01-114, or to consider the request of the plaintiff for issuance of such order or other process, whether or not the plaintiff has attempted to previously obtain an order pursuant to § 8.01-114. The hearing may be combined with a prompt hearing held pursuant to § 8.01-546.2 on an exemption claimed or a trial on the merits or both. If combined with a hearing on an exemption claim, the hearing shall be conducted within ten business days of the filing of the request for a hearing. If the plaintiff gives reasonable notice of his intention to apply for such an order or process before the court, such hearing may be on the return day of the warrant. Evidence may be presented in the same manner as in subsection B of § 8.01-114.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277195,"text":"At the conclusion of the hearing, if the evidence establishes the facts set forth in subdivision 1 of subsection A of § 8.01-114, and the court is satisfied from the evidence that (i) one or more of the grounds set forth in § 8.01-534 exist, (ii) there is good reason to believe that the defendant is insolvent, so that any recovery against him for the alternate value of the property and for damages and costs will probably prove unavailing, or (iii) the plaintiff may suffer other irreparable harm if his request is denied, and if it further appears to the court that there is a substantial likelihood that the plaintiff’s allegations will be sustained at the trial, then the court shall issue the order or other process requested by the plaintiff, or let stand an order issued in the cause pursuant to § 8.01-114.\n\t\t\tIf the decision of the court is in favor of the defendant, the former order or process issued in the cause shall be abated and the property returned to the possession of the person from whom it was taken to abide the final trial of the action or warrant. Proof of insolvency as grounds for possession of goods by the plaintiff shall not be introduced for purposes of affirming a prior ex parte order, but only upon an initial application for possession after reasonable notice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277196,"text":"Issuance of any order or process pursuant to this section shall be subject to the provisions of §§ 8.01-115 and 8.01-116.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-119\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1977, chapter 617; in 1986, chapter 341; in 1993, chapter 841.<\/p>","references":[{"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\/"}],"refers_to":[{"id":76199,"section_number":"8.01-114","catch_line":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","order_by":null,"url":"\/8.01-114\/"},{"id":72122,"section_number":"8.01-115","catch_line":"Bond required as prerequisite","order_by":null,"url":"\/8.01-115\/"},{"id":86542,"section_number":"8.01-116","catch_line":"Return of property to defendant or other claimant","order_by":null,"url":"\/8.01-116\/"},{"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":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":279753,"object_type":"law","relational_id":77279,"identifier":"8.01-119","token":"8.01\/3\/12\/8.01-119","url":"\/8.01-119\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-119\/","token":"8.01\/3\/12\/8.01-119","dublin_core":{"Title":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-119","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within thirty days after the issuance of any ex parte<\/span> order<\/span> or process pursuant to § 8.01-114<\/a>, or promptly upon application of either party<\/span>, and in either event after reasonable notice, the court<\/span> in which such proceeding is pending shall conduct a hearing<\/span> to review the decision to issue<\/span> the order<\/span> or other process described in § 8.01-114<\/a>, or to consider the request of the plaintiff<\/span> for issuance of such order<\/span> or other process, whether or not the plaintiff<\/span> has attempted to previously obtain an order<\/span> pursuant to § 8.01-114<\/a>. The hearing<\/span> may be combined with a prompt hearing<\/span> held pursuant to § 8.01-546.2<\/a> on an exemption claimed or a trial<\/span> on the merits or both. If combined with a hearing<\/span> on an exemption claim, the hearing<\/span> shall be conducted within ten business days of the filing of the request for a hearing<\/span>. If the plaintiff<\/span> gives reasonable notice of his intention to apply for such an order<\/span> or process before the court<\/span>, such hearing<\/span> may be on the return day of the warrant. Evidence<\/span> may be presented in the same manner as in subsection B of § 8.01-114<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the conclusion of the hearing<\/span>, if the evidence<\/span> establishes the facts<\/span> set forth in subdivision 1 of subsection A of § 8.01-114<\/a>, and the court<\/span> is satisfied from the evidence<\/span> that (i) one or more of the grounds set forth in § 8.01-534<\/a> exist, (ii) there is good reason to believe that the defendant<\/span> is insolvent, so that any recovery against him for the alternate value of the property and for damages<\/span> and costs will probably prove unavailing, or (iii) the plaintiff<\/span> may suffer other irreparable harm if his request is denied, and if it further appears to the court<\/span> that there is a substantial likelihood that the plaintiff<\/span>’s allegations<\/span> will be sustained at the trial<\/span>, then the court<\/span> shall issue<\/span> the order<\/span> or other process requested by the plaintiff<\/span>, or let stand an order<\/span> issued in the cause pursuant to § 8.01-114<\/a>.\n\t\t\tIf the decision of the court<\/span> is in favor of the defendant<\/span>, the former order<\/span> or process issued in the cause shall be abated and the property returned to the possession<\/span> of the person<\/span> from whom it was taken to abide the final trial<\/span> of the action<\/span> or warrant. Proof of insolvency as grounds for possession<\/span> of goods by the plaintiff<\/span> shall not be introduced for purposes of affirming a prior ex parte<\/span> order<\/span>, but only upon an initial application for possession<\/span> after reasonable notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Issuance of any order<\/span> or process pursuant to this section shall be subject to the provisions of §§ 8.01-115<\/a> and 8.01-116<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING TO REVIEW ISSUANCE OF ORDER OR PROCESS UNDER \u00a7 8.01-114 OR TO CONSIDER\nREQUEST FOR SUCH ORDER OR PROCESS (\u00a7 8.01-119)\n\nA. Within thirty days after the issuance of any ex parte order or process\npursuant to § 8.01-114, or promptly upon application of either party, and\nin either event after reasonable notice, the court in which such proceeding is\npending shall conduct a hearing to review the decision to issue the order or\nother process described in § 8.01-114, or to consider the request of the\nplaintiff for issuance of such order or other process, whether or not the\nplaintiff has attempted to previously obtain an order pursuant to §\n8.01-114. The hearing may be combined with a prompt hearing held pursuant to\n§ 8.01-546.2 on an exemption claimed or a trial on the merits or both. If\ncombined with a hearing on an exemption claim, the hearing shall be conducted\nwithin ten business days of the filing of the request for a hearing. If the\nplaintiff gives reasonable notice of his intention to apply for such an order or\nprocess before the court, such hearing may be on the return day of the warrant.\nEvidence may be presented in the same manner as in subsection B of §\n8.01-114.\n\nB. At the conclusion of the hearing, if the evidence establishes the facts set\nforth in subdivision 1 of subsection A of § 8.01-114, and the court is\nsatisfied from the evidence that (i) one or more of the grounds set forth in\n§ 8.01-534 exist, (ii) there is good reason to believe that the defendant\nis insolvent, so that any recovery against him for the alternate value of the\nproperty and for damages and costs will probably prove unavailing, or (iii) the\nplaintiff may suffer other irreparable harm if his request is denied, and if it\nfurther appears to the court that there is a substantial likelihood that the\nplaintiff’s allegations will be sustained at the trial, then the court\nshall issue the order or other process requested by the plaintiff, or let stand\nan order issued in the cause pursuant to § 8.01-114.\n\t\t\tIf the decision of the court is in favor of the defendant, the former order\nor process issued in the cause shall be abated and the property returned to the\npossession of the person from whom it was taken to abide the final trial of the\naction or warrant. Proof of insolvency as grounds for possession of goods by the\nplaintiff shall not be introduced for purposes of affirming a prior ex parte\norder, but only upon an initial application for possession after reasonable\nnotice.\n\nC. Issuance of any order or process pursuant to this section shall be subject to\nthe provisions of §§ 8.01-115 and 8.01-116.\n\nHISTORY: Code 1950, \u00a7 8-591; 1973, c. 408; 1977, c. 617; 1986, c. 341; 1993, c.\n841.","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}}