Promptly after levy on the property or promptly after possession of the property is taken by the officer pursuant to an ex parte order, or after denial of an application to issue such order by a magistrate, upon application of either party, and after reasonable notice, a judge of the general district court having jurisdiction shall conduct a hearing to review the decision to issue the ex parte order or process. In the event that the judge finds that the order or process should not have been issued, the court may dismiss the distraint or award actual damages and reasonable attorney fees to the person whose property was taken, or both. The provisions of § 8.01-546.2 shall govern claims for exemption.
§ 8.01-130.8.Review of decision to issue ex parte order or process; claim of exemption.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.8 lets either party get a prompt general district court hearing to review a judge’s or magistrate’s decision to issue an ex parte distress order, and authorizes the court to dismiss the distraint or award actual damages and attorney fees if the order should not have issued.
Full Text of § 8.01-130.8
Plain-English Summary
Section 8.01-130.8 gives a check on the ex parte process that gets a distress warrant issued in the first place. Promptly after a levy, or after the officer takes possession under an ex parte order, or after a magistrate turns down an application for such an order, either party can apply, with reasonable notice, for a hearing before a general district court judge to review whether that order or process should have issued at all.
If the judge finds it should not have, the remedy is not limited to undoing the seizure. The court may dismiss the distraint, award actual damages and reasonable attorney fees to the person whose property was taken, or do both. Claims that particular property is exempt from levy or seizure are handled separately, under the procedure § 8.01-546.2 sets out.
Frequently Asked Questions
Can a tenant challenge the decision to issue a distress warrant after it has already been levied?
Yes. Section 8.01-130.8 allows either party to apply for a hearing, after reasonable notice, to review a judge’s or magistrate’s decision to issue the ex parte order or process.
Can the landlord also request this review, or only the tenant?
Either party can apply under § 8.01-130.8, including after a magistrate denies an application to issue the order.
What happens if a judge decides the ex parte warrant should never have issued?
The court may dismiss the distraint, award actual damages and reasonable attorney fees to the person whose property was taken, or both, under § 8.01-130.8.
Can a landlord who wrongly obtains a distress warrant be ordered to pay the tenant’s attorney fees?
Yes. Section 8.01-130.8 authorizes an award of reasonable attorney fees, along with actual damages, when the court finds the order or process should not have been issued.
Where does a tenant go to claim that seized property is exempt from levy?
Section 8.01-130.8 points to § 8.01-546.2, which governs claims for exemption from levy or seizure.
Amendment History
1974, c. 458, § 55-232.2; 1980, c. 555; 1986, c. 341; 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
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