8.01-470 - Writs on judgments for specific property.
§ 8.01-470. Writs on judgments for specific property.
On a judgment for the recovery of specific property, real or personal, a writof possession may issue for the specific property, which shall conform to thejudgment as to the description of the property and the estate, title andinterest recovered, and there may also be issued a writ of fieri facias forthe damages or profits and costs. In cases of unlawful entry and detainer andof ejectment, the officer to whom a writ of possession has been delivered tobe executed shall, at least 72 hours before execution, serve notice of intentto execute, including the date and time of execution, as well as the rightsafforded to tenants in §§ 55-237.1 and 55-248.38:2, together with a copy ofthe writ attached, on the defendant in person or, if the party to be servedis not found at the specific property for which a writ of possession has beenissued, then service shall be effected by posting a copy of such process atthe front door or at such other door as appears to be the main entrance ofsuch property. The execution of the writ of possession by the sheriff shouldoccur within 15 calendar days from the date the writ of possession isreceived by the sheriff, or as soon as practicable thereafter, but in noevent later than 30 days from the date the writ of possession is issued. Incases of unlawful entry and detainer and of ejectment, whenever the officerto whom a writ of possession has been delivered to be executed finds thepremises locked, he may, after declaring at the door the cause of his comingand demanding to have the door opened, employ reasonable and necessary forceto break and enter the door and put the plaintiff in possession. Theexecution of the writ of possession shall be effective against the tenantsnamed in the writ of possession and their authorized occupants, guests orinvitees, and any trespassers in the premises. And an officer having a writof possession for specific personal property, if he finds locked or fastenedthe building or place wherein he has reasonable cause to believe the propertyspecified in the writ is located, may in the daytime, after notice to thedefendant, his agent or bailee, break and enter such building or place forthe purpose of executing such writ.
(Code 1950, § 8-402; 1977, c. 617; 1991, c. 503; 2000, c. 640; 2001, c. 222;2003, c. 259; 2007, c. 128.)