2006 Code of Virginia § 8.01-114 - When property to be taken by officer; summary of evidence, affidavits and report to be file...

8.01-114. When property to be taken by officer; summary of evidence,affidavits and report to be filed.

A. A proceeding in detinue to recover personal property unlawfully withheldfrom the plaintiff may be brought on a warrant or motion for judgment ifpretrial seizure is not sought at the time of filing.

A petition in detinue for pretrial seizure pursuant to this article may befiled either to commence the detinue proceeding or may be filed during thependency of a detinue proceeding which commenced on a warrant or motion forjudgment. If a petition is filed, it shall:

1. Describe the kind, quantity and estimated fair market value of thespecific personal property as to which plaintiff seeks possession;

2. Describe the basis of the plaintiff's claim of entitlement to recover theproperty, with such certainty as will give the adverse party reasonablenotice of the true nature of the claim and the particulars thereof and, ifbased on a contract to secure the payment of money, the amount due on suchcontract; and

3. Allege one or more of the grounds mentioned in 8.01-534 and set forthspecific facts in support of such allegation. Further, if a petition isfiled, a judge, or a magistrate appointed pursuant to Article 3 ( 19.2-33 etseq.) of Chapter 3 of Title 19.2, may issue an order or other processdirected to the sheriff or other proper officer, as the case may be,commanding him to seize the property for the recovery of which such action orwarrant is brought, or a specified portion thereof, and deliver same to theplaintiff pendente lite under the circumstances hereinafter set forth.

B. The judge or the magistrate may issue such an order or other process inaccordance with the prayer of the petition after an ex parte review of thepetition only upon a determination that: (i) the petition conforms withsubsection A and (ii) there is reasonable cause to believe that the groundsfor detinue seizure described in the petition exist. The plaintiff prayingfor an order shall, at the time that he files his petition, pay the propercosts, fees and taxes, and in the event of his failure to do so, the ordershall not be issued.

C. The judge or magistrate, as the case may be, may receive evidence only inthe form of a sworn petition which shall be filed with the papers in thecause.

D. The order commanding the seizure of property shall be issued and servedtogether with the form for requesting a hearing on a claim of exemption fromseizure as provided in 8.01-546.1. The order shall be issued and returnedas provided in 8.01-541 and may be issued or executed on any day, includinga Saturday, Sunday or other legal holiday. Service shall be in accordancewith the methods described in 8.01-487.1. The provisions of 8.01-546.2shall govern claims for exemption.

(Code 1950, 8-586; 1973, c. 408; 1974, c. 122; 1977, c. 617; 1978, c. 403;1986, c. 341; 1993, c. 841.)