The distress warrant shall contain a return date and be tried in the same manner as an action on a warrant as prescribed in § 16.1-79, except that the case shall be returnable not more than 30 days from its date of issuance. The trial or hearing of the issues, except as otherwise provided, shall be the same, as near as may be, as in actions in personam.
§ 8.01-130.5.Procedure for trial on warrant in distress.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.5 has a distress warrant tried the same way as an ordinary warrant action under § 16.1-79, except that the case must be returnable within 30 days of issuance, with the trial otherwise following the pattern of an action in personam.
Full Text of § 8.01-130.5
Plain-English Summary
Section 8.01-130.5 folds the trial of a distress warrant into Virginia’s general procedure for warrant actions rather than inventing a separate track. The warrant carries a return date, and the case is tried the same way an action on a warrant is tried under § 16.1-79, with one modification: the return date cannot be more than 30 days out from when the warrant issued, which pushes distress cases toward a faster hearing than an ordinary warrant might get.
Beyond that acceleration, the section states that the trial or hearing of the issues proceeds, as near as may be, the same as it would in an action in personam — an ordinary personal lawsuit between the landlord and the tenant — except where some other provision of the Article says otherwise.
Frequently Asked Questions
How quickly must a distress warrant case be returnable?
Not more than 30 days from the date the warrant was issued, under § 8.01-130.5.
What procedure governs the trial of a distress warrant case?
Section 8.01-130.5 has it tried the same manner as an action on a warrant under § 16.1-79, adjusted only for the 30-day return date.
What does it mean that the case is tried as near as may be like an action in personam?
It means the trial follows the pattern of an ordinary personal lawsuit between the parties, rather than a specialized in rem procedure, except where another part of Article 13.1 provides a different rule.
Is the 30-day return date the same thing as the trial date?
Not necessarily. The return date is when the case must come back before the court under the warrant; the actual trial or hearing of the issues follows from there under the same procedure as other warrant actions.
Does § 8.01-130.5 create special evidence or pleading rules just for distress cases?
No. It borrows the existing procedure for actions on a warrant under § 16.1-79 and layers on the 30-day return requirement, rather than setting up an independent set of trial rules.
Amendment History
1980, c. 555, § 55-230.1; 1993, c. 841; 2019, c. 712.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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