{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-130.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-130.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-130.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-130.4.html"}],"law_id":73716,"edition_id":1,"section_id":73716,"structure_id":14735,"section_number":"8.01-130.4","catch_line":"When and by whom distress made","history":"Code 1919, \u00a7 5522; Code 1950, \u00a7 55-230; 1962, c. 10; 1974, c. 458; 1976, c. 177; 1980, c. 555; 1986, c. 341; 1993, c. 841; 2008, cc. 551, 691; 2019, c. 712.","full_text":"A distress action for rent may be brought no later than five years from the time the rent becomes due, whether the lease is ended or not. The distress shall be made by a sheriff of the county or city where the premises yielding the rent, or some part thereof, is located or the goods liable to distress may be found, under warrant from a judge of, or a magistrate serving, the judicial district. Such warrant shall be founded upon a sworn petition of the person claiming the rent, or his agent, that (i) the petitioner believes the amount of money or other thing by which the rent is measured, to be specified in the petition in accordance with \u00a7 8.01-130.6, is justly due to the claimant for rent reserved upon contract from the person of whom it is claimed, (ii) the petitioner alleges one or more of the grounds mentioned in \u00a7 8.01-534 and sets forth in the petition specific facts in support of such allegation, and (iii) the rent claimed is for rent due within five years from the time that it becomes due. The petition shall also specify the amount of the rent claimed and request either levy or seizure of the affected property prior to trial. The plaintiff shall, at the time of suing out a distress, give bond in conformity with the provisions of \u00a7 8.01-537.1. The plaintiff praying for a distress warrant 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 distress warrant shall not be issued.\n\t\tA judge or magistrate shall make an ex parte review of the petition and may receive evidence only in the form of a sworn petition, which shall be filed in the office of the clerks of court. The warrant may be issued in accordance with the prayer of the petition by a judge or magistrate only upon a determination that there appears from the petition that there is reasonable cause to believe that one of the grounds mentioned in \u00a7 8.01-534 exists, the allegations required to be in the petition are true, and bond that complies with \u00a7 8.01-537.1 has been posted.\n\t\tEach copy of the distress warrant shall be issued and served on each defendant together with (a) a form for requesting a hearing of exemption from levy or seizure, as provided in \u00a7 8.01-546.1, and (b) a copy of the bond. The distress warrant may be issued or executed on any day, including a Saturday, Sunday, or other legal holiday. Service shall be made in accordance with the methods described in \u00a7 8.01-487.1. The provisions of \u00a7 8.01-546.2 shall govern claims for exemption.\n\t\tThe officer into whose hands the warrant is delivered shall levy or seize as directed in the warrant, except as may be provided by statute, the property found on the premises of the tenant as provided by \u00a7 8.01-130.6. The officer shall return the warrant of distress to the court to which the warrant of distress is returnable by the return date unless otherwise notified by the court to make return by an earlier date.","order_by":null,"text":{"0":{"id":265118,"text":"A distress action for rent may be brought no later than five years from the time the rent becomes due, whether the lease is ended or not. The distress shall be made by a sheriff of the county or city where the premises yielding the rent, or some part thereof, is located or the goods liable to distress may be found, under warrant from a judge of, or a magistrate serving, the judicial district. Such warrant shall be founded upon a sworn petition of the person claiming the rent, or his agent, that (i) the petitioner believes the amount of money or other thing by which the rent is measured, to be specified in the petition in accordance with \u00a7 8.01-130.6, is justly due to the claimant for rent reserved upon contract from the person of whom it is claimed, (ii) the petitioner alleges one or more of the grounds mentioned in \u00a7 8.01-534 and sets forth in the petition specific facts in support of such allegation, and (iii) the rent claimed is for rent due within five years from the time that it becomes due. The petition shall also specify the amount of the rent claimed and request either levy or seizure of the affected property prior to trial. The plaintiff shall, at the time of suing out a distress, give bond in conformity with the provisions of \u00a7 8.01-537.1. The plaintiff praying for a distress warrant 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 distress warrant shall not be issued.\n\t\tA judge or magistrate shall make an ex parte review of the petition and may receive evidence only in the form of a sworn petition, which shall be filed in the office of the clerks of court. The warrant may be issued in accordance with the prayer of the petition by a judge or magistrate only upon a determination that there appears from the petition that there is reasonable cause to believe that one of the grounds mentioned in \u00a7 8.01-534 exists, the allegations required to be in the petition are true, and bond that complies with \u00a7 8.01-537.1 has been posted.\n\t\tEach copy of the distress warrant shall be issued and served on each defendant together with (a) a form for requesting a hearing of exemption from levy or seizure, as provided in \u00a7 8.01-546.1, and (b) a copy of the bond. The distress warrant may be issued or executed on any day, including a Saturday, Sunday, or other legal holiday. Service shall be made in accordance with the methods described in \u00a7 8.01-487.1. The provisions of \u00a7 8.01-546.2 shall govern claims for exemption.\n\t\tThe officer into whose hands the warrant is delivered shall levy or seize as directed in the warrant, except as may be provided by statute, the property found on the premises of the tenant as provided by \u00a7 8.01-130.6. The officer shall return the warrant of distress to the court to which the warrant of distress is returnable by the return date unless otherwise notified by the court to make return by an earlier date.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14735,"edition_id":1,"name":"Warrants in Distress","identifier":"13.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:49:36","date_modified":"2026-06-26 03:49:36","permalink":{"id":279807,"object_type":"structure","relational_id":14735,"identifier":"13.1","token":"8.01\/3\/13.1","url":"\/8.01\/3\/13.1\/","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":58448,"structure_id":14735,"section_number":"8.01-130.1","catch_line":"Remedy for rent and for use and occupation","url":"\/8.01-130.1\/","token":"8.01\/3\/13.1\/8.01-130.1","metadata":false},{"id":71580,"structure_id":14735,"section_number":"8.01-130.10","catch_line":"When goods of a sublessee may be removed from leased premises","url":"\/8.01-130.10\/","token":"8.01\/3\/13.1\/8.01-130.10","metadata":false},{"id":59877,"structure_id":14735,"section_number":"8.01-130.11","catch_line":"When officer may enter by force to levy distress or attachment","url":"\/8.01-130.11\/","token":"8.01\/3\/13.1\/8.01-130.11","metadata":false},{"id":78131,"structure_id":14735,"section_number":"8.01-130.12","catch_line":"When distress not unlawful because of irregularity, etc","url":"\/8.01-130.12\/","token":"8.01\/3\/13.1\/8.01-130.12","metadata":false},{"id":76426,"structure_id":14735,"section_number":"8.01-130.13","catch_line":"Return of execution; process of sale thereunder","url":"\/8.01-130.13\/","token":"8.01\/3\/13.1\/8.01-130.13","metadata":false},{"id":75705,"structure_id":14735,"section_number":"8.01-130.2","catch_line":"Who may recover rent or compensation","url":"\/8.01-130.2\/","token":"8.01\/3\/13.1\/8.01-130.2","metadata":false},{"id":86042,"structure_id":14735,"section_number":"8.01-130.3","catch_line":"Who is liable for rent","url":"\/8.01-130.3\/","token":"8.01\/3\/13.1\/8.01-130.3","metadata":false},{"id":73716,"structure_id":14735,"section_number":"8.01-130.4","catch_line":"When and by whom distress made","url":"\/8.01-130.4\/","token":"8.01\/3\/13.1\/8.01-130.4","metadata":false},{"id":56439,"structure_id":14735,"section_number":"8.01-130.5","catch_line":"Procedure for trial on warrant in distress","url":"\/8.01-130.5\/","token":"8.01\/3\/13.1\/8.01-130.5","metadata":false},{"id":84370,"structure_id":14735,"section_number":"8.01-130.6","catch_line":"On what goods levied; to what extent goods liable; priorities between landlord and other lienors","url":"\/8.01-130.6\/","token":"8.01\/3\/13.1\/8.01-130.6","metadata":false},{"id":59484,"structure_id":14735,"section_number":"8.01-130.7","catch_line":"Procedure when distress levied and tenant unable to give forthcoming bond; what defense may be made","url":"\/8.01-130.7\/","token":"8.01\/3\/13.1\/8.01-130.7","metadata":false},{"id":60827,"structure_id":14735,"section_number":"8.01-130.8","catch_line":"Review of decision to issue ex parte order or process; claim of exemption","url":"\/8.01-130.8\/","token":"8.01\/3\/13.1\/8.01-130.8","metadata":false},{"id":67581,"structure_id":14735,"section_number":"8.01-130.9","catch_line":"On what terms purchasers and lienors inferior to landlord may remove goods; certain liens not affected","url":"\/8.01-130.9\/","token":"8.01\/3\/13.1\/8.01-130.9","metadata":false}],"previous_section":{"id":86042,"structure_id":14735,"section_number":"8.01-130.3","catch_line":"Who is liable for rent","url":"\/8.01-130.3\/","token":"8.01\/3\/13.1\/8.01-130.3","metadata":false},"next_section":{"id":56439,"structure_id":14735,"section_number":"8.01-130.5","catch_line":"Procedure for trial on warrant in distress","url":"\/8.01-130.5\/","token":"8.01\/3\/13.1\/8.01-130.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-130.4\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1962, chapter 10; in 1974, chapter 458; in 1976, chapter 177; in 1980, chapter 555; in 1986, chapter 341; in 1993, chapter 841; in 2008, chapters 551<\/a> and 691<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"},{"id":84115,"section_number":"43-29","catch_line":"Liens of landlords and farmers for advances to tenants and laborers","order_by":null,"url":"\/43-29\/"}],"refers_to":[{"id":84370,"section_number":"8.01-130.6","catch_line":"On what goods levied; to what extent goods liable; priorities between landlord and other lienors","order_by":null,"url":"\/8.01-130.6\/"},{"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":57245,"section_number":"8.01-537.1","catch_line":"Plaintiff to file bond","order_by":null,"url":"\/8.01-537.1\/"},{"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":279837,"object_type":"law","relational_id":73716,"identifier":"8.01-130.4","token":"8.01\/3\/13.1\/8.01-130.4","url":"\/8.01-130.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-130.4\/","token":"8.01\/3\/13.1\/8.01-130.4","dublin_core":{"Title":"When and by whom distress made","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-130.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A distress action<\/span> for rent may be brought no later than five years from the time the rent becomes due, whether the lease is ended or not. The distress shall be made by a sheriff<\/span> of the county or city where the premises yielding the rent, or some part thereof, is located or the goods liable to distress may be found, under warrant from a judge<\/span> of, or a magistrate<\/span> serving, the judicial district. Such warrant shall be founded upon a sworn petition<\/span> of the person<\/span> claiming the rent, or his agent, that (i) the petitioner believes the amount of money or other thing by which the rent is measured, to be specified in the petition<\/span> in accordance with \u00a7 8.01-130.6<\/a>, is justly due to the claimant for rent reserved upon contract<\/span> from the person<\/span> of whom it is claimed, (ii) the petitioner alleges one or more of the grounds mentioned in \u00a7 8.01-534<\/a> and sets forth in the petition<\/span> specific facts<\/span> in support of such allegation<\/span>, and (iii) the rent claimed is for rent due within five years from the time that it becomes due. The petition<\/span> shall also specify the amount of the rent claimed and request either levy<\/span> or seizure of the affected property prior to trial<\/span>. The plaintiff<\/span> shall, at the time of suing out a distress, give bond<\/span> in conformity with the provisions of \u00a7 8.01-537.1<\/a>. The plaintiff<\/span> praying for a distress warrant 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 distress warrant shall not be issued.\n\t\tA judge<\/span> or magistrate<\/span> shall make an ex parte<\/span> review of the petition<\/span> and may receive evidence<\/span> only in the form of a sworn petition<\/span>, which shall be filed in the office of the clerks of court<\/span>. The warrant may be issued in accordance with the prayer of the petition<\/span> by a judge<\/span> or magistrate<\/span> only upon a determination that there appears from the petition<\/span> that there is reasonable cause to believe that one of the grounds mentioned in \u00a7 8.01-534<\/a> exists, the allegations<\/span> required to be in the petition<\/span> are true, and bond<\/span> that complies with \u00a7 8.01-537.1<\/a> has been posted.\n\t\tEach copy of the distress warrant shall be issued and served on each defendant<\/span> together with (a) a form for requesting a hearing<\/span> of exemption from levy<\/span> or seizure, as provided in \u00a7 8.01-546.1<\/a>, and (b) a copy of the bond<\/span>. The distress warrant may be issued or executed on any day, including a Saturday, Sunday, or other legal holiday. Service shall be made in accordance with the methods described in \u00a7 8.01-487.1<\/a>. The provisions of \u00a7 8.01-546.2<\/a> shall govern claims for exemption.\n\t\tThe officer into whose hands the warrant is delivered shall levy<\/span> or seize as directed in the warrant, except as may be provided by statute<\/span>, the property found on the premises of the tenant as provided by \u00a7 8.01-130.6<\/a>. The officer shall return the warrant of distress to the court<\/span> to which the warrant of distress is returnable by the return date unless otherwise notified by the court<\/span> to make return by an earlier date.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN AND BY WHOM DISTRESS MADE (\u00a7 8.01-130.4)\n\nA distress action for rent may be brought no later than five years from the time\nthe rent becomes due, whether the lease is ended or not. The distress shall be\nmade by a sheriff of the county or city where the premises yielding the rent, or\nsome part thereof, is located or the goods liable to distress may be found,\nunder warrant from a judge of, or a magistrate serving, the judicial district.\nSuch warrant shall be founded upon a sworn petition of the person claiming the\nrent, or his agent, that (i) the petitioner believes the amount of money or\nother thing by which the rent is measured, to be specified in the petition in\naccordance with \u00a7 8.01-130.6, is justly due to the claimant for rent reserved\nupon contract from the person of whom it is claimed, (ii) the petitioner alleges\none or more of the grounds mentioned in \u00a7 8.01-534 and sets forth in the\npetition specific facts in support of such allegation, and (iii) the rent\nclaimed is for rent due within five years from the time that it becomes due. The\npetition shall also specify the amount of the rent claimed and request either\nlevy or seizure of the affected property prior to trial. The plaintiff shall, at\nthe time of suing out a distress, give bond in conformity with the provisions of\n\u00a7 8.01-537.1. The plaintiff praying for a distress warrant shall, at the time\nthat he files his petition, pay the proper costs, fees, and taxes, and in the\nevent of his failure to do so, the distress warrant shall not be issued.\n\t\tA judge or magistrate shall make an ex parte review of the petition and may\nreceive evidence only in the form of a sworn petition, which shall be filed in\nthe office of the clerks of court. The warrant may be issued in accordance with\nthe prayer of the petition by a judge or magistrate only upon a determination\nthat there appears from the petition that there is reasonable cause to believe\nthat one of the grounds mentioned in \u00a7 8.01-534 exists, the allegations\nrequired to be in the petition are true, and bond that complies with \u00a7\n8.01-537.1 has been posted.\n\t\tEach copy of the distress warrant shall be issued and served on each defendant\ntogether with (a) a form for requesting a hearing of exemption from levy or\nseizure, as provided in \u00a7 8.01-546.1, and (b) a copy of the bond. The distress\nwarrant may be issued or executed on any day, including a Saturday, Sunday, or\nother legal holiday. Service shall be made in accordance with the methods\ndescribed in \u00a7 8.01-487.1. The provisions of \u00a7 8.01-546.2 shall govern claims\nfor exemption.\n\t\tThe officer into whose hands the warrant is delivered shall levy or seize as\ndirected in the warrant, except as may be provided by statute, the property\nfound on the premises of the tenant as provided by \u00a7 8.01-130.6. The officer\nshall return the warrant of distress to the court to which the warrant of\ndistress is returnable by the return date unless otherwise notified by the court\nto make return by an earlier date.\n\nHISTORY: Code 1919, \u00a7 5522; Code 1950, \u00a7 55-230; 1962, c. 10; 1974, c. 458;\n1976, c. 177; 1980, c. 555; 1986, c. 341; 1993, c. 841; 2008, cc. 551, 691;\n2019, c. 712.","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}}