If property be distrained for any rent not due, or attached for any rent not accruing, or taken under any attachment sued out without good cause, the owner of such property may, in an action against the party suing out the warrant of distress or attachment, recover damages for the wrongful distraint, seizure, or sale.
§ 8.01-41.Wrongful distraint, attachment.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1977 · Last verified July 16, 2026
In one sentenceLets a property owner recover damages against whoever wrongfully distrained the property for rent not yet due, wrongfully attached it for rent not yet accrued, or attached it under a writ sued out without good cause, covering the wrongful seizure or sale that followed.
Full Text of § 8.01-41
Plain-English Summary
Distraint and attachment are old self-help and court-ordered remedies that let a landlord or creditor seize a tenant’s or debtor’s property to secure unpaid rent or a disputed claim. This section supplies the counterweight: if property is distrained for rent that is not yet due, attached for rent that has not yet accrued, or taken under an attachment sued out without good cause, the owner of the property may bring an action against the party who sued out the warrant of distress or attachment.
The remedy reaches the wrongful distraint, seizure, or sale itself, letting the property owner recover damages for the harm that resulted from an improper or premature collection effort.
Frequently Asked Questions
What is “distraint” in this context?
A remedy that lets a landlord seize a tenant’s property to secure unpaid rent. This section addresses what happens when that seizure, or a related attachment, was not justified.
Can I sue if my property was seized for rent that was not even due yet?
Yes. The section covers property distrained for rent not due, and attached for rent not accruing, as well as property taken under an attachment sued out without good cause.
Who do I sue under this section?
The party who sued out the warrant of distress or attachment.
Does this section cover a wrongful attachment as well as a wrongful distraint?
Yes. It covers property attached for rent not yet accruing and property taken under any attachment sued out without good cause, in addition to wrongful distraint.
What kind of damages can I recover?
Damages for the wrongful distraint, seizure, or sale of the property.
Amendment History
Code 1950, § 8-651; 1977, c. 617.
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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