{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-130.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-130.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-130.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-130.8.html"}],"law_id":60827,"edition_id":1,"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","history":"1974, c. 458, \u00a7 55-232.2; 1980, c. 555; 1986, c. 341; 2019, c. 712.","full_text":"Promptly after levy on the property or promptly after possession of the property is taken by the officer pursuant to an ex parte order, or after denial of an application to issue such order by a magistrate, upon application of either party, and after reasonable notice, a judge of the general district court having jurisdiction shall conduct a hearing to review the decision to issue the ex parte order or process. In the event that the judge finds that the order or process should not have been issued, the court may dismiss the distraint or award actual damages and reasonable attorney fees to the person whose property was taken, or both. The provisions of \u00a7 8.01-546.2 shall govern claims for exemption.","order_by":null,"text":{"0":{"id":222338,"text":"Promptly after levy on the property or promptly after possession of the property is taken by the officer pursuant to an ex parte order, or after denial of an application to issue such order by a magistrate, upon application of either party, and after reasonable notice, a judge of the general district court having jurisdiction shall conduct a hearing to review the decision to issue the ex parte order or process. In the event that the judge finds that the order or process should not have been issued, the court may dismiss the distraint or award actual damages and reasonable attorney fees to the person whose property was taken, or both. The provisions of \u00a7 8.01-546.2 shall govern claims for exemption.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-130.8\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 458 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1980, chapter 555; in 1986, chapter 341; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"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":279853,"object_type":"law","relational_id":60827,"identifier":"8.01-130.8","token":"8.01\/3\/13.1\/8.01-130.8","url":"\/8.01-130.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-130.8\/","token":"8.01\/3\/13.1\/8.01-130.8","dublin_core":{"Title":"Review of decision to issue ex parte order or process; claim of exemption","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-130.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Promptly after levy<\/span> on the property or promptly after possession<\/span> of the property is taken by the officer pursuant to an ex parte<\/span> order<\/span>, or after denial of an application to issue<\/span> such order<\/span> by a magistrate<\/span>, upon application of either party<\/span>, and after reasonable notice, a judge<\/span> of the general district court<\/span> having jurisdiction<\/span> shall conduct a hearing<\/span> to review the decision to issue<\/span> the ex parte<\/span> order<\/span> or process. In the event that the judge<\/span> finds that the order<\/span> or process should not have been issued, the court<\/span> may dismiss the distraint or award actual damages<\/span> and reasonable attorney fees to the person<\/span> whose property was taken, or both. The provisions of \u00a7 8.01-546.2<\/a> shall govern claims for exemption.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVIEW OF DECISION TO ISSUE EX PARTE ORDER OR PROCESS; CLAIM OF EXEMPTION (\u00a7\n8.01-130.8)\n\nPromptly after levy on the property or promptly after possession of the property\nis taken by the officer pursuant to an ex parte order, or after denial of an\napplication to issue such order by a magistrate, upon application of either\nparty, and after reasonable notice, a judge of the general district court having\njurisdiction shall conduct a hearing to review the decision to issue the ex\nparte order or process. In the event that the judge finds that the order or\nprocess should not have been issued, the court may dismiss the distraint or\naward actual damages and reasonable attorney fees to the person whose property\nwas taken, or both. The provisions of \u00a7 8.01-546.2 shall govern claims for\nexemption.\n\nHISTORY: 1974, c. 458, \u00a7 55-232.2; 1980, c. 555; 1986, c. 341; 2019, 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}}