                                 CODE OF VIRGINIA

REVIEW OF DECISION TO ISSUE EX PARTE ORDER OR PROCESS; CLAIM OF EXEMPTION (§
8.01-130.8)

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 § 8.01-546.2 shall govern claims for
exemption.

HISTORY: 1974, c. 458, § 55-232.2; 1980, c. 555; 1986, c. 341; 2019, c. 712.