The sheriff under writ of execution from the court after hearing and judgment for the landlord, except as otherwise provided by law, shall make return on his execution as may be placed in his hands for collection and file the same, within 90 days after the same may have come to his hands, with the clerk of the court in which the case was heard. Upon the return of such execution such clerk shall preserve such execution in his office as is now provided as to other executions. If such return shows that a levy has been made and that property levied on remains unsold, it shall be lawful for the clerk of the court in whose office such return is filed to issue a writ of venditioni exponas thereon just as if the return were upon writ of fieri facias.
§ 8.01-130.13.Return of execution; process of sale thereunder.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.13 requires a sheriff to return and file an execution within 90 days after a distress judgment for the landlord, has the clerk preserve that return, and allows the clerk to issue a writ of venditioni exponas when a levy was made but the property remains unsold.
Full Text of § 8.01-130.13
Plain-English Summary
Section 8.01-130.13 covers the final enforcement step after a landlord wins a distress case and a writ of execution issues. The sheriff who receives the execution must make return on it and file that return with the clerk of the court that heard the case, within 90 days of the execution coming into the sheriff’s hands. Once filed, the clerk preserves that return the same way other executions are preserved in the clerk’s office.
If the return shows that a levy was made but the property levied on has not yet been sold, the clerk can issue a writ of venditioni exponas — a writ directing sale of goods already seized — treating the return the same as if it had come in on a writ of fieri facias. That keeps a case from stalling out because the goods were seized but the sale never got finished before the return was due.
Frequently Asked Questions
How long does a sheriff have to return a writ of execution after a landlord wins a distress case?
Ninety days from when the execution comes into the sheriff’s hands, under § 8.01-130.13, with the return filed with the clerk of the court that heard the case.
What happens to the execution once the sheriff files the return?
The clerk of the court preserves it in the clerk’s office, the same way other executions are preserved, under § 8.01-130.13.
What if the sheriff levied on the tenant’s goods but never sold them before the return was due?
Section 8.01-130.13 lets the clerk issue a writ of venditioni exponas in that situation, directing the sale of the goods already levied on.
What is a writ of venditioni exponas?
A writ directing the sale of property that has already been levied on but not yet sold. Section 8.01-130.13 treats a return showing an unsold levy the same as a return on a writ of fieri facias for this purpose.
Is this the last step in collecting on a distress judgment?
It is the return and sale-completion step after judgment. Section 8.01-130.13 closes out the execution process by making sure a levy that produced no sale before the return date can still be carried through.
Amendment History
Code 1919, § 5528; 1930, p. 456; Code 1950, § 55-237; 1962, c. 10; 1975, c. 235; 1980, c. 555; 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
Also known as: sheriff return of execution virginia distressvenditioni exponas virginiawrit of fieri facias distress judgment virginiavirginia code 8.01-130.13selling seized goods after distress judgment virginia