An officer into whose hands an execution is placed to be levied, may, if need be, break open the outer doors of a dwelling house in the daytime, after having first demanded admittance of the occupant, in order to make a levy, and may also levy on property in the personal possession of the debtor if the same be open to observation.
§ 8.01-491.Officer may break open dwelling house and levy on property in personal possession of debtor.
Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceAn officer holding an execution may, if necessary, break open the outer doors of a debtor’s dwelling house during daytime after first demanding admittance, in order to complete a levy, and may also levy on property the debtor personally possesses if that property is visible and open to observation.
Full Text of § 8.01-491
Plain-English Summary
Section 8.01-491 gives an officer real authority to overcome a locked door when a debtor will not cooperate with a levy, while still keeping guardrails on how that authority is used. The officer may break open the outer doors of a dwelling house, but only in the daytime, and only after first demanding admittance from whoever occupies the home.
The section also covers property the debtor is holding personally rather than storing inside a building. If that property is open to observation — visible and identifiable without any forced search — the officer may levy on it directly, without needing to break into anything at all. Together, the two rules give the officer enough authority to complete a levy against a resistant debtor while limiting forced entry to daylight hours and requiring the officer to announce the visit first.
Frequently Asked Questions
When may an officer break open the outer doors of a dwelling house to levy?
If need be, in the daytime, after first demanding admittance of the occupant.
Can an officer break into a home at night to make a levy?
No, the section authorizes breaking open outer doors only in the daytime.
Must the officer do anything before breaking open the doors?
Yes, the officer must first demand admittance of the occupant.
Can an officer levy on property a debtor is personally holding?
Yes, if the property is open to observation, the officer may levy on property in the personal possession of the debtor.
Does the officer need to break into anything to levy on property in the debtor’s personal possession?
No, that authority applies to property that is open to observation, not property hidden inside a locked structure.
Amendment History
Code 1950, § 8-422; 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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