§ 55-232. Procedure when distress levied and tenant unable to giveforthcoming bond; what defense may be made.
A. On affidavit by a tenant, whose property has been levied on under awarrant 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 of this section,the officer levying the warrant shall permit the property to remain in thepossession and at the risk of the tenant, and shall return the warrantforthwith, together with the affidavit, to the court to which such warrant isreturnable. Thereupon the landlord, after 10 days' notice in writing to thetenant, may make a motion before such court for a judgment for the amount ofthe rent and for a sale of the property levied on, as aforesaid. The tenantmay make such defense as he is authorized to make, including defensespermitted under such subsection B to an action or motion on the bond when oneis given. Upon making such defense, the officer shall permit the property toremain in the possession of and at the risk of the tenant. If the property isperishable, or expensive to keep, the court, or the judge thereof invacation, may order it to be sold, and on the final trial of the cause, thecourt shall dispose of the property, or proceeds of sale, according to therights of the parties.
B. In an action or motion on a forthcoming bond, when it is taken under adistress warrant, the defendants may make defense on the ground that thedistress was for rent not due in whole or in part, or was otherwise illegal.
(Code 1919, § 6519; Code 1950, § 8-453; 1970, c. 43; 1975, c. 235; 1977, c.624; 1980, c. 555; 1986, c. 341; 2007, c. 869.)
§ 55-232. Procedure when distress levied and tenant unable to giveforthcoming bond; what defense may be made.
A. On affidavit by a tenant, whose property has been levied on under awarrant 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 of this section,the officer levying the warrant shall permit the property to remain in thepossession and at the risk of the tenant, and shall return the warrantforthwith, together with the affidavit, to the court to which such warrant isreturnable. Thereupon the landlord, after 10 days' notice in writing to thetenant, may make a motion before such court for a judgment for the amount ofthe rent and for a sale of the property levied on, as aforesaid. The tenantmay make such defense as he is authorized to make, including defensespermitted under such subsection B to an action or motion on the bond when oneis given. Upon making such defense, the officer shall permit the property toremain in the possession of and at the risk of the tenant. If the property isperishable, or expensive to keep, the court, or the judge thereof invacation, may order it to be sold, and on the final trial of the cause, thecourt shall dispose of the property, or proceeds of sale, according to therights of the parties.
B. In an action or motion on a forthcoming bond, when it is taken under adistress warrant, the defendants may make defense on the ground that thedistress was for rent not due in whole or in part, or was otherwise illegal.
(Code 1919, § 6519; Code 1950, § 8-453; 1970, c. 43; 1975, c. 235; 1977, c.624; 1980, c. 555; 1986, c. 341; 2007, c. 869.)
§ 55-232. Procedure when distress levied and tenant unable to giveforthcoming bond; what defense may be made.
A. On affidavit by a tenant, whose property has been levied on under awarrant 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 of this section,the officer levying the warrant shall permit the property to remain in thepossession and at the risk of the tenant, and shall return the warrantforthwith, together with the affidavit, to the court to which such warrant isreturnable. Thereupon the landlord, after 10 days' notice in writing to thetenant, may make a motion before such court for a judgment for the amount ofthe rent and for a sale of the property levied on, as aforesaid. The tenantmay make such defense as he is authorized to make, including defensespermitted under such subsection B to an action or motion on the bond when oneis given. Upon making such defense, the officer shall permit the property toremain in the possession of and at the risk of the tenant. If the property isperishable, or expensive to keep, the court, or the judge thereof invacation, may order it to be sold, and on the final trial of the cause, thecourt shall dispose of the property, or proceeds of sale, according to therights of the parties.
B. In an action or motion on a forthcoming bond, when it is taken under adistress warrant, the defendants may make defense on the ground that thedistress was for rent not due in whole or in part, or was otherwise illegal.
(Code 1919, § 6519; Code 1950, § 8-453; 1970, c. 43; 1975, c. 235; 1977, c.624; 1980, c. 555; 1986, c. 341; 2007, c. 869.)
