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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73716</law_id><section_number>8.01-130.4</section_number><catch_line>When and by whom distress made</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-77</reference><reference>43-29</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="3">Actions</unit><unit label="article" level="3" order_by="1" identifier="13.1">Warrants in Distress</unit></structure><text>
						<section><p>A distress <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">judge</span> of, or a <span class="dictionary">magistrate</span> serving, the judicial district. Such warrant shall be founded upon a sworn <span class="dictionary">petition</span> of the <span class="dictionary">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 <span class="dictionary">petition</span> in accordance with &#xA7;&#xA0;<a class="law" title="On what goods levied; to what extent goods liable; priorities between landlord and other lienors" href="/8.01-130.6/">8.01-130.6</a>, is justly due to the claimant for rent reserved upon <span class="dictionary">contract</span> from the <span class="dictionary">person</span> of whom it is claimed, (ii) the petitioner alleges one or more of the grounds mentioned in &#xA7;&#xA0;<a class="law" title="Grounds of action for pretrial levy or seizure of attachment" href="/8.01-534/">8.01-534</a> and sets forth in the <span class="dictionary">petition</span> specific <span class="dictionary">facts</span> in support of such <span class="dictionary">allegation</span>, and (iii) the rent claimed is for rent due within five years from the time that it becomes due. The <span class="dictionary">petition</span> shall also specify the amount of the rent claimed and request either <span class="dictionary">levy</span> or seizure of the affected property prior to <span class="dictionary">trial</span>. The <span class="dictionary">plaintiff</span> shall, at the time of suing out a distress, give <span class="dictionary">bond</span> in conformity with the provisions of &#xA7;&#xA0;<a class="law" title="Plaintiff to file bond" href="/8.01-537.1/">8.01-537.1</a>. The <span class="dictionary">plaintiff</span> praying for a distress warrant shall, at the time that he files his <span class="dictionary">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.
		A <span class="dictionary">judge</span> or <span class="dictionary">magistrate</span> shall make an <span class="dictionary">ex parte</span> review of the <span class="dictionary">petition</span> and may receive <span class="dictionary">evidence</span> only in the form of a sworn <span class="dictionary">petition</span>, which shall be filed in the office of the clerks of <span class="dictionary">court</span>. The warrant may be issued in accordance with the prayer of the <span class="dictionary">petition</span> by a <span class="dictionary">judge</span> or <span class="dictionary">magistrate</span> only upon a determination that there appears from the <span class="dictionary">petition</span> that there is reasonable cause to believe that one of the grounds mentioned in &#xA7;&#xA0;<a class="law" title="Grounds of action for pretrial levy or seizure of attachment" href="/8.01-534/">8.01-534</a> exists, the <span class="dictionary">allegations</span> required to be in the <span class="dictionary">petition</span> are true, and <span class="dictionary">bond</span> that complies with &#xA7;&#xA0;<a class="law" title="Plaintiff to file bond" href="/8.01-537.1/">8.01-537.1</a> has been posted.
		Each copy of the distress warrant shall be issued and served on each <span class="dictionary">defendant</span> together with (a) a form for requesting a <span class="dictionary">hearing</span> of exemption from <span class="dictionary">levy</span> or seizure, as provided in &#xA7;&#xA0;<a class="law" title="Exemption claims form" href="/8.01-546.1/">8.01-546.1</a>, and (b) a copy of the <span class="dictionary">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 &#xA7;&#xA0;<a class="law" title="Officer to leave copy of writ where levy made" href="/8.01-487.1/">8.01-487.1</a>. The provisions of &#xA7;&#xA0;<a class="law" title="Hearing on claim of exemption from levy or seizure" href="/8.01-546.2/">8.01-546.2</a> shall govern claims for exemption.
		The officer into whose hands the warrant is delivered shall <span class="dictionary">levy</span> or seize as directed in the warrant, except as may be provided by <span class="dictionary">statute</span>, the property found on the premises of the tenant as provided by &#xA7;&#xA0;<a class="law" title="On what goods levied; to what extent goods liable; priorities between landlord and other lienors" href="/8.01-130.6/">8.01-130.6</a>. The officer shall return the warrant of distress to the <span class="dictionary">court</span> to which the warrant of distress is returnable by the return date unless otherwise notified by the <span class="dictionary">court</span> to make return by an earlier date.</p></section></text><history>Code 1919, &#xA7; 5522; Code 1950, &#xA7; 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.</history><metadata></metadata></law>
