                                 CODE OF VIRGINIA

REMEDY WHEN RENT IS TO BE PAID IN OTHER THING THAN MONEY (§ 55.1-1418)

When goods are distrained or attached for rent reserved in a share of the crop,
or in anything other than money, the claimant of the rent shall give the tenant
10 days&#8217; notice, and the claimant may then apply to the court to which the
attachment is returnable, or the circuit court of the county or city in which
the distress is made, to ascertain the value in money of the rent reserved and
to order a sale of the goods distrained or attached. The tenant may make the
same defenses that he could to a motion on a forfeited forthcoming bond given
for rent and may also contest the value of what was reserved for the rent. The
court shall ascertain, either by its own judgment or, if either party requires
it, by the verdict of a jury impaneled without the formality of pleading, the
extent of the liability of the tenant for rent and the value in money of such
rent and if the tenant has been served with notice shall enter judgment against
him for the amount so ascertained. It shall also order the goods distrained or
attached, or so much thereof as may be necessary, to be sold to pay the amount
so ascertained. The officer charged with the execution of such warrant or
attachment shall return such warrant or attachment to the clerk&#8217;s office
of the court, showing how he has executed such warrant or attachment. If the
goods so directed to be sold prove insufficient to pay the amount of the rent so
ascertained, an execution may be issued on the judgment as in case of other
judgments, which may be levied on such property as would be leviable under an
execution issued on a judgment in an action brought to recover the rent.

HISTORY: Code 1919, § 5529; Code 1950, § 55-238; 2019, c. 712.