A. On affidavit by a tenant, whose property has been levied on under a warrant of distress, that (i) he is unable to give the bond required in § 8.01-526 and (ii) he has a valid defense under subsection B, the officer levying the warrant shall permit the property to remain in the possession and at the risk of the tenant, and shall return the warrant forthwith, together with the affidavit, to the court to which such warrant is returnable. Thereupon the landlord, after 10 days' notice in writing to the tenant, may make a motion for a judgment for the amount of the rent and for a sale of the property levied on. The tenant may make such defense as he is authorized to make, including defenses permitted under subsection B to an action or motion on the bond when one is given. Upon making such defense, the officer shall permit the property to remain in the possession of and at the risk of the tenant. If the property is perishable, or expensive to keep, the court may order it to be sold, and on the final trial of the cause, the court shall dispose of the property, or proceeds of sale, according to the rights of the parties.
§ 8.01-130.7.Procedure when distress levied and tenant unable to give forthcoming bond; what defense may be made.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.7 lets a tenant who cannot post the forthcoming bond keep levied property by affidavit while the landlord seeks judgment and sale after notice, preserves the tenant’s defenses, and lets a defendant on a forthcoming bond defend on the ground that the rent was not due or the distress was otherwise illegal.
Full Text of § 8.01-130.7
B. In an action or motion on a forthcoming bond, when it is taken under a distress warrant, the defendants may make defense on the ground that the distress was for rent not due in whole or in part or was otherwise illegal.
Plain-English Summary
Section 8.01-130.7(A) addresses a tenant who has been levied on but cannot afford the forthcoming bond required under § 8.01-526. By filing an affidavit stating both that the bond is out of reach and that a valid defense exists under subsection B, the tenant keeps the levied property in their own possession and at their own risk, while the officer returns the warrant and the affidavit to the court right away. From there, the landlord must give the tenant ten days’ written notice before moving for a judgment on the rent claimed and for a sale of the property that was levied on.
The tenant can still raise whatever defense subsection B allows, and doing so does not change who holds the property — it stays with the tenant, at the tenant’s risk, throughout. The one exception is for property that is perishable or costly to keep: the court can order that sold ahead of trial, with the final judgment sorting out the parties’ rights to the property or the sale proceeds.
Subsection B works separately, in an action or motion on a forthcoming bond taken under a distress warrant. There, the defendant can defend on the ground that the distress was for rent not due, in whole or in part, or was otherwise illegal — the same defense subsection A lets a bond-less tenant raise.
Frequently Asked Questions
What can a tenant do if they cannot afford to post the forthcoming bond after a distress levy?
File an affidavit under § 8.01-130.7(A) stating the bond is out of reach and that a valid defense exists under subsection B. The officer then returns the warrant and affidavit to the court instead of requiring the bond.
Does filing that affidavit let the tenant keep the levied property?
Yes. Section 8.01-130.7(A) leaves the property in the tenant’s possession and at the tenant’s risk once the affidavit is filed, except for perishable or costly-to-keep property the court orders sold.
What must a landlord do before moving for judgment and sale against a tenant who filed that affidavit?
Give the tenant ten days’ written notice before making a motion for a judgment for the rent claimed and for a sale of the levied property, under § 8.01-130.7(A).
What defenses can a tenant raise against a distress warrant or a forthcoming bond action?
Under § 8.01-130.7(B), a defendant can defend on the ground that the distress was for rent not due, in whole or in part, or was otherwise illegal.
What happens to perishable property seized under a distress warrant?
Section 8.01-130.7(A) allows the court to order perishable or expensive-to-keep property sold before trial, and to dispose of the property or the sale proceeds according to the parties’ rights once the case is finally tried.
Amendment History
Code 1919, § 6519; Code 1950, § 8-453; Code 1950, § 55-232; 1970, c. 43; 1975, c. 235; 1977, c. 624; 1980, c. 555; 1986, c. 341; 2007, c. 869; 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: forthcoming bond distress warrant virginiatenant can’t afford bond after distress virginiadefenses to a distress warrant virginiavirginia code 8.01-130.7rent not due defense to distress warrant