                                 CODE OF VIRGINIA

WHEN AND BY WHOM DISTRESS MADE (§ 8.01-130.4)

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 § 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 § 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
§ 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.
		A 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 § 8.01-534 exists, the allegations
required to be in the petition are true, and bond that complies with §
8.01-537.1 has been posted.
		Each 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 § 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 § 8.01-487.1. The provisions of § 8.01-546.2 shall govern claims
for exemption.
		The 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 § 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.

HISTORY: Code 1919, § 5522; Code 1950, § 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.