§ 8.01-490.No unreasonable distress or levy; sustenance provided for livestock; removal of property.
Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 2022 · Last verified July 16, 2026
Full Text of § 8.01-490
Plain-English Summary
Section 8.01-490 layers three separate protections onto the distress and levy process. First, and most broadly, officers are barred outright from making an unreasonable distress or levy — a general check on overreach that applies regardless of what specific property is involved.
Second, the section addresses livestock directly. Horses or other animals that are distrained or levied on do not sit and wait untended; the officer must provide sufficient sustenance for them for as long as they remain in the officer’s possession.
Third, the section restricts where seized property can go. As a rule, nothing distrained or levied on may be removed outside the officer’s own county or city. The one significant exception allows the officer to hire a Virginia-licensed auctioneer or auction firm to sell the property and, in doing so, to transport that property to wherever the auction takes place, whether inside or outside the officer’s own jurisdiction — unless some other statute specially provides otherwise.
Frequently Asked Questions
What general limit does this section place on officers making a distress or levy?
Officers shall in no case make an unreasonable distress or levy.
What must an officer do for livestock that has been seized?
Provide sufficient sustenance for horses or any livestock distrained or levied on while they remain in the officer’s possession.
Can an officer remove seized property outside the county or city?
Generally no, except that an officer may employ a licensed auctioneer or auction firm to sell the property and may transport it to an auction site regardless of whether that site is within or outside the officer’s county or city.
Who must the auctioneer be licensed by?
The auctioneer or auction firm must be Virginia-licensed, as those terms are defined in § 54.1-600.
Are there other exceptions to the removal restriction?
Yes, the section also allows removal when otherwise specially provided by law.
Amendment History
Code 1950, § 8-421.2; 1977, c. 617; 2022, c. 62.