                                 CODE OF VIRGINIA

PROCEDURE WHEN DISTRESS LEVIED AND TENANT UNABLE TO GIVE FORTHCOMING BOND; WHAT
DEFENSE MAY BE MADE (§ 8.01-130.7)

A. 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 &#xA7; 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&#8217; 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. 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.

HISTORY: Code 1919, § 6519; Code 1950, § 8-453; Code 1950, § 55-232; 1970, c.
43; 1975, c. 235; 1977, c. 624; 1980, c. 555; 1986, c. 341; 2007, c. 869; 2019,
c. 712.