{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-130.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-130.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-130.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-130.7.html"}],"law_id":59484,"edition_id":1,"section_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","history":"Code 1919, \u00a7 6519; Code 1950, \u00a7 8-453; Code 1950, \u00a7 55-232; 1970, c. 43; 1975, c. 235; 1977, c. 624; 1980, c. 555; 1986, c. 341; 2007, c. 869; 2019, c. 712.","full_text":"A\n\nOn affidavit by a tenant, whose property has been levied on under a warrant of distress, that (i) he is unable to give the bond required in § 8.01-526 and (ii) he has a valid defense under subsection B, the officer levying the warrant shall permit the property to remain in the possession and at the risk of the tenant, and shall return the warrant forthwith, together with the affidavit, to the court to which such warrant is returnable. Thereupon the landlord, after 10 days’ notice in writing to the tenant, may make a motion for a judgment for the amount of the rent and for a sale of the property levied on. The tenant may make such defense as he is authorized to make, including defenses permitted under subsection B to an action or motion on the bond when one is given. Upon making such defense, the officer shall permit the property to remain in the possession of and at the risk of the tenant. If the property is perishable, or expensive to keep, the court may order it to be sold, and on the final trial of the cause, the court shall dispose of the property, or proceeds of sale, according to the rights of the parties.B\n\nIn an action or motion on a forthcoming bond, when it is taken under a distress warrant, the defendants may make defense on the ground that the distress was for rent not due in whole or in part or was otherwise illegal.","order_by":null,"text":{"0":{"id":217961,"text":"On affidavit by a tenant, whose property has been levied on under a warrant of distress, that (i) he is unable to give the bond required in § 8.01-526 and (ii) he has a valid defense under subsection B, the officer levying the warrant shall permit the property to remain in the possession and at the risk of the tenant, and shall return the warrant forthwith, together with the affidavit, to the court to which such warrant is returnable. Thereupon the landlord, after 10 days’ notice in writing to the tenant, may make a motion for a judgment for the amount of the rent and for a sale of the property levied on. The tenant may make such defense as he is authorized to make, including defenses permitted under subsection B to an action or motion on the bond when one is given. Upon making such defense, the officer shall permit the property to remain in the possession of and at the risk of the tenant. If the property is perishable, or expensive to keep, the court may order it to be sold, and on the final trial of the cause, the court shall dispose of the property, or proceeds of sale, according to the rights of the parties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217962,"text":"In an action or motion on a forthcoming bond, when it is taken under a distress warrant, the defendants may make defense on the ground that the distress was for rent not due in whole or in part or was otherwise illegal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-130.7\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1970, chapter 43; in 1975, chapter 235; in 1977, chapter 624; in 1980, chapter 555; in 1986, chapter 341; in 2007, chapter 869<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":87310,"section_number":"8.01-371","catch_line":"How forthcoming bond taken of claimant of property the sale whereof has been suspended","order_by":null,"url":"\/8.01-371\/"}],"refers_to":[{"id":81319,"section_number":"8.01-526","catch_line":"When forthcoming bond taken; property remains in debtor's possession","order_by":null,"url":"\/8.01-526\/"}],"permalink":{"id":279849,"object_type":"law","relational_id":59484,"identifier":"8.01-130.7","token":"8.01\/3\/13.1\/8.01-130.7","url":"\/8.01-130.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-130.7\/","token":"8.01\/3\/13.1\/8.01-130.7","dublin_core":{"Title":"Procedure when distress levied and tenant unable to give forthcoming bond; what defense may be made","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-130.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On affidavit<\/span> by a tenant, whose property has been levied on under a warrant of distress, that (i) he is unable to give the bond<\/span> required in § 8.01-526<\/a> and (ii) he has a valid defense under subsection B, the officer levying the warrant shall permit the property to remain in the possession<\/span> and at the risk of the tenant, and shall return the warrant forthwith, together with the affidavit<\/span>, to the court<\/span> to which such warrant is returnable. Thereupon the landlord, after 10 days’ notice in writing to the tenant, may make a motion<\/span> for a judgment<\/span> for the amount of the rent and for a sale of the property levied on. The tenant may make such defense as he is authorized to make, including defenses permitted under subsection B to an action<\/span> or motion<\/span> on the bond<\/span> when one is given. Upon making such defense, the officer shall permit the property to remain in the possession<\/span> of and at the risk of the tenant. If the property is perishable, or expensive to keep, the court<\/span> may order<\/span> it to be sold, and on the final trial<\/span> of the cause, the court<\/span> shall dispose of the property, or proceeds of sale, according to the rights of the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In an action<\/span> or motion<\/span> on a forthcoming bond<\/span>, when it is taken under a distress warrant, the defendants<\/span> may make defense on the ground that the distress was for rent not due in whole or in part or was otherwise illegal. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN DISTRESS LEVIED AND TENANT UNABLE TO GIVE FORTHCOMING BOND; WHAT\nDEFENSE MAY BE MADE (\u00a7 8.01-130.7)\n\nA. On affidavit by a tenant, whose property has been levied on under a warrant\nof distress, that (i) he is unable to give the bond required in § 8.01-526\nand (ii) he has a valid defense under subsection B, the officer levying the\nwarrant shall permit the property to remain in the possession and at the risk of\nthe tenant, and shall return the warrant forthwith, together with the affidavit,\nto the court to which such warrant is returnable. Thereupon the landlord, after\n10 days’ notice in writing to the tenant, may make a motion for a judgment\nfor the amount of the rent and for a sale of the property levied on. The tenant\nmay make such defense as he is authorized to make, including defenses permitted\nunder subsection B to an action or motion on the bond when one is given. Upon\nmaking such defense, the officer shall permit the property to remain in the\npossession of and at the risk of the tenant. If the property is perishable, or\nexpensive to keep, the court may order it to be sold, and on the final trial of\nthe cause, the court shall dispose of the property, or proceeds of sale,\naccording to the rights of the parties.\n\nB. In an action or motion on a forthcoming bond, when it is taken under a\ndistress warrant, the defendants may make defense on the ground that the\ndistress was for rent not due in whole or in part or was otherwise illegal.\n\nHISTORY: Code 1919, \u00a7 6519; Code 1950, \u00a7 8-453; Code 1950, \u00a7 55-232; 1970, c.\n43; 1975, c. 235; 1977, c. 624; 1980, c. 555; 1986, c. 341; 2007, c. 869; 2019,\nc. 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}}