55-230 - When and by whom distress made.
§ 55-230. When and by whom distress made.
A distress action for rent may be brought within five years from the time therent becomes due, and not afterwards, whether the lease is ended or not. Thedistress shall be made by a sheriff or high constable of the county or citywherein the premises yielding the rent, or some part thereof, may be, or thegoods liable to distress may be found, under warrant from a judge of, or amagistrate serving, the judicial district. Such warrant shall be founded upona sworn petition of the person claiming the rent, or his agent, that (i) thepetitioner believes the amount of money or other thing by which the rent ismeasured (to be specified in the petition in accordance with § 55-231) isjustly due to the claimant for rent reserved upon contract from the person ofwhom it is claimed, (ii) the petitioner alleges one or more of the groundsmentioned in § 8.01-534 and sets forth in the petition specific facts insupport of such allegation and (iii) the rent claimed is for rent due withinfive years from the time that it becomes due. The petition shall also specifythe amount of the rent claimed and request either levy or seizure of theaffected property prior to trial. The plaintiff shall, at the time of suingout 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 fileshis petition, pay the proper costs, fees and taxes, and in the event of hisfailure to do so, the distress warrant shall not be issued.
A judge or magistrate shall make an ex parte review of the petition and mayreceive evidence only in the form of a sworn petition which shall be filed inthe office of the clerks of court. The warrant may be issued in accordancewith the prayer of the petition by a judge or magistrate only upon adetermination that there appears from the petition that there is reasonablecause to believe that one of the grounds mentioned in § 8.01-534 exists, theallegations required to be in the petition are true and that bond whichcomplies with § 8.01-537.1 has been posted.
Each copy of the distress warrant shall be issued and served on eachdefendant together with (i) a form for requesting a hearing of exemption fromlevy or seizure, as provided in § 8.01-546.1, and (ii) a copy of the bond.The distress warrant may be issued or executed on any day, including aSaturday, Sunday or other legal holiday. Service shall be made in accordancewith the methods described in § 8.01-487.1. The provisions of § 8.01-546.2shall govern claims for exemption.
The officer into whose hands the warrant is delivered shall levy or seize asdirected in the warrant, except as may be provided by statute, the propertyfound on the premises of the tenant as provided by § 55-231. The officershall return the warrant of distress to the court to which the warrant ofdistress is returnable by the return date unless otherwise notified by thecourt to make return by an earlier date.
(Code 1919, § 5522; 1962, c. 10; 1974, c. 458; 1976, c. 177; 1980, c. 555;1986, c. 341; 1993, c. 841; 2008, cc. 551, 691.)